Bench Memos

Stray Thought

On Judge Bataillon’s theory, don’t opponents of same-sex marriage in Massachusetts have a federal case? The Massachusetts court infringed on their “associational political rights,” or whatever he calls this judicial invention, by forcing them to pass a constitutional amendment, rather than persuade the legislature, to see their views prevail.

Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

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