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:: welcome to 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 :: | |
:: Thursday, May 15, 2008 ::
This report from ABC raises the possibility that the court could split the difference by striking down the state's current referendum-enacted one-man-one-woman law but punting the rest of the issue back to the legislative process. It would thus evade a charge of judicial activism and end-running the people's will, while at the same time, I would suggest, setting up a dynamic whereby the legislature would act under the virtual certainty that its work would keep getting struck down until it "gets it right." :: David M. Wagner 11:08 AM [+] :: ... |
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