Subject: Now that I have finally read the decision...
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Posted on: 2015-06-28 01:21:00 UTC

I'll chip in my two cents on the issue. I think it was the right result and I also think that the legal reasoning is adequate. I am a little disappointed that Chief Justice Roberts did not join the majority. As a 5-4 decision, they are always subject to attack, a 6-3 would have been more authoritative. I am also disappointed that it took this long. A few years ago the Court faced the same issue in Windsor, but they kept their holding narrow. The fact is that all of the law that Justice Kennedy cited existed at the time of Windsor and had not changed.

I will say though, that from a jurisprudential standpoint, the dissent was not wrong at least with regard to that this decision was taken out of the hands of the public. Scalia was not wrong when he said that this decision had the Court acting as a Super-Legislature. Though I do not think the situation is as dire as the dissent makes out. The Court has acted in that way since its inception, so I think it is over stating the risk.

Then last comment on this, I am disappointed in Chief Justice Roberts' dissent. The first problem was he cited to the Dred Scott case. Which was superseded by Constitutional Amendment, namely the 13th, 14th, and 15th Amendments. You do yourself no favors when you cite to the case that found slavery constitutional. And then he brought up the slippery-slope argument. These are just bad legal arguments to make. Because it means that neither the facts, nor the law is on your side.

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