Much has been made recently about, shall we say kindly, the "unusual" plaintiffs. But, even if plaintiffs were not so "unusual", and they would indeed be subject to penalties, their claims of economic damages fail on their face.
While Solicitor General Verrilli's brief stopped short of a sweeping call for a constitutional right to marriage equality across the nation, the argument it does make is both judicious and full of dramatic implications.
Studies show that, in the past, the solicitor general wins most of his cases. When he is a party to a Supreme Court case, the solicitor general wins nearly 70 percent of the time. This term that number looks to flip.
Maybe Kagan is no Lady Gaga when it comes to fashion. But for most Americans, the way Kagan outfits herself is just fine. What's in her mind and her heart are far more important than what's on her back, neck, or her ring finger.