What Anthony Kennedy Didn’t Do Today

I’m working my way through Windsor , and I must say, Anthony Kennedy has never been worse—sophistry, casual matter-of-fact demonization, unclear basis for the decision, vague and repetitive phrasing, and a nauseating pretense of caring oh-so-much about how our federalist tradition . . . . Continue Reading »

What the Majority Did Today

Matthew Franck at NRO provides the best brass-tacks but fair and clear summary of what the two Supreme Court decisions, Windsor v. U.S. and Hollingsworth v. Perry actually did today. Also on NRO is Hadley Arkes’s more alarming interpretation. . . . . Continue Reading »

DOMA, Prop 8 Rulings Could Have Been Worse

Today the Supreme Court wrongly decided both marriage cases, but the decisions were not as bad as they might have been. The Court declined to declare same-sex marriage a fundamental right and left the future of marriage policy for individual states to decide. Justice Kennedy wrote for a 5-4 . . . . Continue Reading »

Smiting Hateful Monsters

I actually think there are reasonable people on both sides of the same-sex marriage debate. Finally, the biggest thing wrong with Kennedy’s opinion is that its unhinged moralism—based as it is on a conception of dignity or personhood that’s has no real constitutional . . . . Continue Reading »

The Aggrandizing Court

The opening to Justice Antonin Scalia’s powerful dissent in the DOMA case,  U.S. v. Windsor : This case is about power in several respects. It is about  the power of our people to govern themselves, and the power of this Court to pronounce the law. Today’s . . . . Continue Reading »