Bench Memos

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“The Faux Federalism Argument Against DOMA”


Law professor John Eastman has an excellent article bearing that title. His article also reminds me that I forgot to credit him for providing me, via e-mail, the property-law example that I used to illustrate the absurdity of the proposition that DOMA intrudes on state authority over marriage. John uses that same example in his article, but it is I who borrowed it (with his generous permission) from him, not the other way around.

I will mention yet again my National Review essay explaining that DOMA is entirely consistent with—indeed implements—a proper understanding of federalism.


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