Possible Outcomes in SCOTUS Gay Marriage Case


The Supreme Court's decision today to take up the issue of a constitutional right to gay marriage is both good and bad news for those who believe that the Constitution ought to mean what it says. It is good news because the current state of affairs, where the right exists in some circuits and not others, pleases neither side and appears unsustainable. But it's also bad news because the Courts' decision this June will probably invent a constitutional right to same-sex marriage, which would make it arguably the worst instance of judicial activism by the Supreme Court since Roe v. Wade.

Obama Bypassing American People on Immigration


When President Obama makes good tonight on his Constitution-shredding threat to act unilaterally on immigration reform, he will cast it as bypassing a recalcitrant Congress. But Obama's problem is not really with Congress; it is with the American people who elected this Congress. Yes, Obama is doing an end-run around Congress' Article I legislative power, which contains no exception for presidential frustration, but his greater constitutional sin is bypassing American voters by denying them their right to representation in the making of our laws.

Supremes Punt Gay Marriage


CFJ President Curt Levey on the Supreme Court’s decision today to not review any of the seven gay marriage cases before it: 

The Supreme Court’s surprising decision to pass up what was effectively its last chance to stop the legal momentum behind the creation of a constitutional right to same-sex marriage is bad news for supporters of constitutionalism.