I do not pretend to be a constitutional scholar, although I have known several, and I enjoy reading about the workings and history of the Supreme Court. So what I am about to say are the views of a professional lawyer but amateur constitutionalist. This morning I read the majority decision and Chief Justice Roberts' dissenting opinion in the same-sex marriage case ( Obergefell v. Hodges ). The media accounts do not do either opinion justice. Justice Kennedy's majority opinion is an elegant articulation of constitutional principles of due process and equal protection, as well as a profound defense of same-sex marriage. Chief Justice Roberts' opinion is a forceful argument for judicial restraint, particularly in the field of constitutional law. The dissenting opinions of the other conservative justices also seek to place limits on the Court's role in reviewing challenges to state action. While the media is appropriately focused on the stunning and, for many of u
Meditations on Law and Life