Roberts Rejected Marriage Equality In The Best Possible Way For Liberals

Roberts Rejected Marriage Equality In The Best Possible Way For Liberals – http://huff.to/1FK9S1S

That was my assessment, but in more detail.

Similar reasoning to the majority decision could be used to justify interference in religious or corporate matters.

One thing I don’t agree with is that he didn’t address the issue of using due process to protect a disadvantaged minority.

The right wingers consider their religious groups and entrepreneurs disadvantaged minorities. 

There’s an old saying from law school, hard cases make bad law.

That is, sometimes a case cries out for an outcome with a siren song that takes you in the wrong direction.  Change the law to save one outlier case and it can unsettle the law and develop further precedent in directions that were never intended.

This is a case where we’ll understand the impact in 20 years or so.  Roberts has been trying to discourage speculative litigation and he is likely annoyed that the Kennedy decision will encourage it, from both right and left.  Anybody that thinks something or other is unjust that has nothing else to argue and deep pockets, will start floating trial balloons to see how much slack there is on due process arguments.

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