Why, one may wonder, did the Windsor minority justices not see that certiorari was granted in one of the other marriage cases they were asked to hear? Sevcik v. Sandoval in particular brings the basic issue more clearly into view than did Windsor, but cert. was denied to that case on 27 June.
Justice Scalia is surely right that the other shoe will drop shortly – consider this immediate development in Michigan, for example – but how well-framed will the argument be in whichever case goes forward? Will it look anything like this?