Will The DOMA Ruling Be Overturned?

Andrew Koppelman thinks Jack Balkin is wrong:

Judge Tauro's opinions invalidate DOMAon two grounds: it invidiously discriminates against same-sex couplesin violation of the Equal Protection Clause of the FourteenthAmendment, and it invades states' prerogative to define marriage inviolation of the Tenth Amendment. Jack correctly observed, in this blog and in statements quoted in a front page story in the New York Times,that the second of these is a lousy argument with mischievousimplications...

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Published on July 09, 2010 17:10
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