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March 27, 2013
Analyst: 80% Chance Supreme Court Strikes Down DOMA on Federalist Grounds
I don't get Kennedy's deference to "federalism" in this case -- what we're talking about isn't states democratically making decisions, via their political branches; we're talking about state judges anti-democratically making decisions.
I'm pro-federalism but not pro-judicial-lawmaking, whether at the state or federal level. Politicized courts at the state level aren't owed any deference. They do not speak for "the state" as its elected representatives do.
But apparently Kennedy sees no distinction.