NPR's Nina Totenberg: On what happens if the court declines to decide.
(We most recently updated the top of this post at 1:45 p.m. ET.)
There seem to be four solid votes on the Supreme Court — and possibly a fifth — to strike down the Defense of Marriage Act that bars federal recognition of same-sex marriages, NPR's Nina Totenberg told us after Wednesday's oral arguments before the nine justices.
But there's a big "if."
As in: There's possibly a 5-vote majority to strike down the law if the court first decides it should even issue an opinion.