.@Profepps in fine form on the recent same-sex marriage rulings: http://www.theatlantic.com/politics/archive/2014/09/posner-gay-marriage/379667/ …
.@JoshACLU @adamliptak Maybe saying, "it's obvious, Justices, go ahead and pull the trigger!" But "fails even RBR" trope is a fave of AMK.
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@Profepps@adamliptak But if AMK dodges issue again, I think that the law in CA7 going forward (like in CA2&9) is heightened scrutiny. -
@JoshACLU@Profepps@adamliptak I think "fails even RBR" is the new heightened scrutiny. Posner seems to.pic.twitter.com/uNfVBSLbYp
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@mjs_DC@Profepps@adamliptak "Fails even RBR" is Romer. P.7, 38-39 acknowledges he is really doing heightened scrutiny balancing. -
@JoshACLU@Profepps@adamliptak But will he ever admit it? Or will he keep leaning on animus doctrine and pretending that's RBR? -
@mjs_DC@Profepps@adamliptak Possible AMK has been holding back because HS would kill marriage bans; if so, no reason not to do it now.
End of conversation
New conversation -
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