By Elaine Donnelly
Extending sexual misconduct to combat units
Conservative critics like to point out that the federal appeals court that just declared California's same-sex-marriage ban to be unconstitutional has its decisions overturned by the U.S. Supreme Court more often than other judicial circuits, a record that could prove predictive if the high court agrees to review the gay-marriage case on appeal.
"There is no reason to believe four justices on the Supreme Court, which is what it takes to grant (an appeal) petition, are champing at the bit to take this issue on," Steve Sanders, a University of Michigan law professor, said. "The liberals on the court are going to recognize this was a sensible, sound decision that doesn't get ahead of the national debate ... and I don't think the decision would be so objectionable to the court's conservatives that they would see a reason to reach out and smack the 9th Circuit."
