Thursday, August 13, 2015

Another thought on Obergefell

Justice Kennedy should have cited Jacobellis v. Ohio in his Obergefell opinion.  If he had, he could have spared us much prolixity in his strained attempts to explain how the court ascertains a fundamental, yet constitutionally unenumerated right and merely wrote, "A fundamental right is like pornography.  I know one when I see it."

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