The court is likely to issue a decision in early October on whether to hear her case. There are at least five reasons why Davis’s appeal should be taken seriously.
First, the configuration of justices on the Supreme Court is obviously different now than it was when Obergefell was decided in 2015. The author of the majority opinion, Justice Anthony Kennedy, as well as Justice Ruth Bader Ginsberg and Justice Stephen Breyer, both of whom joined the majority, are no longer on the court. With Donald Trump having added Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, a solid 6-3 conservative majority reigns.
Second, three of the justices who are still on the court wrote their own spirited dissents to Obergefell. Chief Justice John Roberts noted that “although the policy arguments for extending marriage to same-sex couples may be compelling, the legal arguments for requiring such an extension are not.
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