@crescat [2/2] … are of "central relevance" in Windsor "quite apart from principles of federalism"? "Central relevance" seems to answer it.
@crescat I have taken the federalism stuff to be Kennedy's cue for the + factor/red flag to merit rational basis-plus or whatever it is.
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@chrisgeidner could be. All I want to say is that some of the stuff Kennedy says cuts one way on recognition, and some cuts another. -
@crescat That's fair. I just don't think it's 2 paths so much as 1 path w some underlying rationale that cuts against out-of-state recog. -
@chrisgeidner Would you settle for one path with two different underlying flavors? -
@crescat Hmm. Ish. I really think that the federalism arguments were a reason that Sec. 3 is suspicious, not that the ct found it unconst. -
@chrisgeidner oh I agree with that-- but suspicion is part of the path to unconst'lity...
End of conversation
New conversation -
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