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Experts: Marriage ban’s path to high court unclear

Conservative critics like to point out that the federal appeals court that just declared California's same-sex marriage ban to be unconstitutional has its decisions overturned by the U.S. Supreme Court more often than other judicial circuits, a record that could prove predictive if the high court agrees to review the gay marriage case on appeal.

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Obama could alter stance of federal appeals courts

A second term for President Barack Obama would allow him to expand his replacement of Republican-appointed majorities with Democratic ones on the nation's appeals courts, the final stop for almost all challenged federal court rulings.

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