"The Court only needed four justices to agree to revisit the case. The original Obergefell decision was a 5-4 ruling, and several of the justices who dissented still sit on the Court - Justices Samuel Alito, John Roberts, and Clarence Thomas. Further, one of the judges who ruled in the majority, Justice Ruth Bader Ginsburg, was replaced with conservative Justice Amy Coney Barrett."
"Thomas indicated in his opinion in Dobbs v. Jackson that he wanted the Court to revisit Obergefell, and Davis's challenge directly cited Thomas's words. However, other conservative justices have indicated otherwise in recent months. Alito recently criticized the decision in a lecture, but said that he didn't think it should be overruled due to "respect afforded" to precedent. Barrett also suggested recently that she didn't believe that same sex marriage rights should be overturned."
The Supreme Court dismissed Kim Davis's petition without comment, leaving the Obergefell v. Hodges decision in place. The dismissal preserves nationwide same-sex marriage rights for now. The Court had privately met to discuss the appeal, and only four justices would have been required to revisit the case. Several justices who dissented in Obergefell remain on the bench, and a justice from the original majority was replaced by a conservative appointee. One justice has signaled interest in revisiting Obergefell, and Davis's challenge cited that view. Other conservative justices have recently expressed reluctance to overturn the precedent. Davis was represented by a right-wing group.
Read at Truthout
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