In the aftermath of the U.S. Supreme Court same-sex marriage arguments, a post by law professor Dale Carpenter on The Volokh Conspiracy blog has been making the rounds on Twitter and in the legal blogosphere. Carpenter discusses what he calls "The Real Standing Problem in the Marriage Cases," the phenomenon witnessed last week when those hoping for a seat inside the courtroom for the historic oral arguments waited in line for several cold days and nights -- or, in many cases, paid other individuals hundreds or even thousands of dollars to wait in their places. Carpenter describes his experience of being in line for the arguments and watching as people eventually arrived to relieve their paid line-sitters and, in some instances, invited their friends to join them, pushing back even more people who had been waiting all night. In a compelling commentary in favor of allowing cameras in the Supreme Court, The National Law Journal's veteran Supreme Court correspondent Tony Mauro described the line outside the court before the arguments as "more befitting of a music hall or an Apple store on the eve of the release of a new iPhone." He argues that, "The notion that spectators have to...

More...