"It isn't a living document," said the outspoken conservative justice. "It's dead, dead, dead, dead."
Speaking on ABC News's This Week, Pulitzer Prize-winning commentator and journalist George Will admitted that opposition to same-sex marriage is "literally dying" as those opposed to it ar
The cases will likely be held until the high court issues decisions in the DOMA and Proposition 8 appeals.
The past writings of the justice considered the swing vote suggest he could side with a sweeping decision in favor of marriage equality.
The Supreme Court indicated it will hear a challenge to the California marriage ban and another against DOMA from the elderly lesbian widow Edith Windsor.