Legal Commentary

?Stay True to the Constitution?

By Orin Kerr

Based on recent comment threads, both sides in the debate on the constitutionality of SSM are extremely confident that they are right and their cause is just and true. All that confidence makes it a little hard to tell the two sides apart. For example, I came across the following comment about what the Supreme Court might do in a thread below:

The SCOTUS will NEVER look ridiculous if the Justices stay true to the Constitution and their guiding judicial philosophies. 

Hmm, anyone want to guess if that means they should agree with Walker or disagree with him? I?ll give you a hint. Here is the next sentence with two words removed:

The SCOTUS will look ______ if they affirm Walker?s ______ arguments.

I?ll give two options to fill in the two words: (a) wise/insightful (b) ridiculous/flawed. It?s a little hard to tell, isn?t it? (The correct answer is (b), see here.)

Full post as published by The Volokh Conspiracy on August 12, 2010 (boomark / email).