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May 2013

Law Professors Available on Upcoming Supreme Court Decisions

SANTA CLARA, Calif., May 17, 2013—Several Santa Clara University School of Law professors are available to discuss Supreme Court decisions that are expected over the next several weeks.

Professors:

1. Prof. Margaret Russell, constitutional-law professor at Santa Clara University School of Law
mrussell@scu.edu

2. Pratheepan Gulasekaram, constitutional- and immigration-law professor at Santa Clara University School of Law pgulasekaram@scu.edu
 

3. Bradley Joondeph, professor of constitutional law at Santa Clara University School of Law, and former law clerk to Justice Sandra Day O’Connor
bjoondeph@scu.edu.

4. Patricia Cain, professor of sexuality law and tax law at Santa Clara University School of Law, and expert on DOMA
pcain@scu.edu

Deborah Lohse of SCU Media Relations also can assist in reaching these and other professors.  408-554-5121, dlohse@scu.edu

 

Cases/Comments

* United States v. Windsor (DOMA)
 Patricia Cain, professor of sexuality law and tax law, at Santa Clara University School of Law and an expert on DOMA (pcain@scu.edu) predicts that the federal law forbidding federal recognition of state same-sex marriages, the Defense of Marriage Act, will be struck down by the justices. If so, important questions will emerge, she says:

Who will count as married for tax purposes?

What are the other tax implications and what sort of transition rules is the IRS likely to adopt e.g., if a divorced spouse has been paying alimony and not deducting — do they suddenly start deducting under sec 215 of IRC?

Is the decision clearly retroactive-- as most such rulings on constitutionality are?

 

**Profs. Gulasekaram, Russell and Joondeph have also been following and analyzing the case and can comment.

 

* Hollingsworth v. Perry (Prop 8)
Patricia Cain, professor of sexuality law, tax law, and DOMA, at Santa Clara University School of Law / pcain@scu.edu) can discuss the implications of various outcomes in the case, which involves the constitutionality of California’s voter-approved ban on same-sex marriages.

Margaret