fate of prop 8, which bans same-sex marriage in california. that s right, wolf. and while we re waiting for the decision in the california ban on same-sex marriage, shorthanded at proposition 8, jeffrey toobin, jonathan turley and i are going over and reading not only the opinion that has struck down the defense of marriage act, but also a very blistering dissent by justice scalia, who calls what the court did today, quote, jaw-dropping. he uses the term judicial supremacy. jeff toobin, this is a this is a i don t think i ve read anything quite this pointed since the stephens dissent in bush v. gore. you know, this is the culture wars come to one first street, across the street over there. i mean, the antonin scalia believes that the government is perfectly entitled to legislate morality, and lots of people agree with him. here s a line the government, but not the court.