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One of the lower courts that struck down Prop 8 left open a promising argument.
The ruling upheld a lower court decision that struck down the law as unconstitutional.
Kennedy authored the June 2013 decision that struck down parts of Doma.
It does not bode well that the panel that struck down the injunction retained jurisdiction over future appeals.
Regulators are preparing to appeal a recent court ruling that struck down new curbs on Wall Street trading.
Most surprising decision: The ruling that struck down California's ban on the sale of "violent video games" to minors.
She was, for example, a rare voice in opposition to a 1999 law that struck down Depression-era banking laws.
At that time, Europe was awash in murders that struck down scores of politicians and other public figures.
In Judge Posner's case, he cited a 1976 State Court of Appeals decision that struck down several other blue laws.
In United States v. Windsor, the decision that struck down the federal Defense of Marriage Act, he was one of four dissenters.
Correspondingly, a decision ruling Prop 8 unconstitutional would be the Roberts court's Brown v. Board of Education, the 1954 decision that struck down racial segregation in schools.
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