CSPAN Capitol Hill Hearings July 3, 2013
justice alito, in tomorrow's issues where we have briefed the matter thoroughly and will be prepared to discuss it with the court tomorrow. with respect to the merits, two fundamental points lead to the conclusion that there's an equal protection violation here. first, every warning flag that warrants exacting scrutiny is present in this case. and petitioners' defense of proposition 8 requires the court to ignore those warning flags and instead apply highly deferential lee optical rational basis review as though proposition 8 were on a par with the law of treating opticians less favo...