Professor Lisa McElroy was a guest on Southern California Public Radio's Airtalk on May 29 to discuss the U.S. Supreme Court's forthcoming rulings.
McElroy commented that "there are several really historic decisions that we expect to see in the next three or four weeks." Among them are the court's ruling on California's Proposition 8, the law which banned same-sex marriage in the state, a case about which McElroy has commented in the past. McElroy said the Supreme Court may not even rule on the substantive issues in the case for procedural reasons. However, if the court were to reach the merits of the case, McElroy said strict scrutiny, the hardest standard to overcome, could be applied if the justices decide that same-sex marriage is a fundamental right protected under the Equal Protection clause of the Constitution.
McElroy also commented on other notable cases involving DNA testing, gene patenting and the Voting Rights Act. McElroy said it is important for court watchers to understand that the Supreme Court is very much focused on the law and tries not to be swayed by emotion. In these cases, the court's ultimate decision will be based on the current state of the law and whether or not it should be changed, she concluded.