Task for an enterprising new con law prof: draft the more intellectually rigorous opinion J. Kennedy should have written today in Obergefell
One can fully celebrate #SCOTUS decision to allow same sex marriage nationwide and find J. Kennedy's opinion intellectually weak
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@rickhasen Have you written on your blog why you think it is intellectually weak? -
@TCurry_Himself only the aspect relating to his response to the Chief's "democratic process" argument
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@rickhasen What is the best/strongest SSM decision you've read? -
@djsziff I'd have to go back to look at them. That's a good place to start. But all of them start with constraint of Windsor -
@rickhasen@djsziff My favorite by far is the California district court decision that was entirely on rational basis
End of conversation
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@rickhasen@kkondik Can you point me to an intellectually strong Kennedy opinion? - 1 more reply
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