NINOMANIA
:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::
:: Wednesday, May 14, 2008 ::
The California Supreme Court will announce its ruling tomorrow, at 1 pm eastern time, on whether the California Constitution implies a right to same-sex marriage.
The recent trend in state courts has been toward recognizing that such a seismic change should be made, if at all, by the people's representatives in the legislatures. A writer at HuffingtonPost, however, thinks the California court is ready to transform society like a Dworkinian "Hercules," and is "readying itself for a backlash" -- "backlash" being the appropriate term when the people don't fall into line (when they do, their "voice" must prevail, and contrary judicial opinions constitute and "end run" around them).
:: David M. Wagner 6:49 PM [+] ::
...
The recent trend in state courts has been toward recognizing that such a seismic change should be made, if at all, by the people's representatives in the legislatures. A writer at HuffingtonPost, however, thinks the California court is ready to transform society like a Dworkinian "Hercules," and is "readying itself for a backlash" -- "backlash" being the appropriate term when the people don't fall into line (when they do, their "voice" must prevail, and contrary judicial opinions constitute and "end run" around them).
:: David M. Wagner 6:49 PM [+] ::
...
