@AppellateDaily Kennedy says the federal government can't displace the protection the state granted bc no legit reason to do so.
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Replying to @chrisgeidner
@chrisgeidner I see more meaning in AMK's multiple state refs & don't think Windsor gives DOJ enough to step in now (but later TBD).3 replies 0 retweets 0 likes -
Replying to @AppellateDaily
@AppellateDaily I mean, that's obviously Utah's argument. It was a DP/EP ruling, though, not a federalism ruling, so, I just don't buy that.1 reply 0 retweets 0 likes -
Replying to @chrisgeidner
@chrisgeidner I think it was all three. We'll just have to wait and see what DOJ does.2 replies 0 retweets 0 likes -
Replying to @AppellateDaily
@AppellateDaily "it is unnec to decide whether this fedl intrusion on state power is a violation of Const bc it disrupts the fedl balance."1 reply 0 retweets 0 likes -
Replying to @chrisgeidner
@chrisgeidner I follow you, but in that same para, there are, again, multiple refs to state power and authority w/ respect to marriage. So..2 replies 0 retweets 0 likes -
Replying to @AppellateDaily
@chrisgeidner ...whatever AMK calls it, state power and authority played into the decision. He says it was "of central relevance."1 reply 0 retweets 0 likes -
Replying to @AppellateDaily
@AppellateDaily Yes, bc the state expanded the protections, the fed had no legit reasons to limit. The opposite scenario is not discussed.1 reply 0 retweets 0 likes -
Replying to @chrisgeidner
@chrisgeidner Right, the opposite scenario is an open question, and I don't see DOJ stepping in to answer it w/o further guidance.1 reply 0 retweets 0 likes -
Replying to @AppellateDaily
@AppellateDaily And I don't think this is that opposite scenario. The state doesn't say these are invalid marriages.1 reply 0 retweets 0 likes
@chrisgeidner That's a whole different string! Anyway, it will be interesting to see what happens.
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