Nevada AG’s Folly

Nevada attorney general Catherine Cortez Masto announced on Monday that she would not defend Nevada’s marriage laws in the Ninth Circuit in light of Judge Reinhardt’s dubious and mischievous ruling three weeks ago that the Supreme Court’s anti-DOMA decision in Windsor v. United States implicitly established that heightened scrutiny must be applied to equal-protection claims involving sexual orientation. AG Masto is thus throwing away the victory that Nevada won in the district court.

Masto’s decision makes no sense. The ultimate question is whether the Supreme Court will strike down Nevada’s marriage laws. That question is obviously not determined by a Ninth Circuit ruling and remains unsettled. So while it’s true that Reinhardt’s ruling means that Nevada would face an uphill battle in the Ninth Circuit, Masto’s​ duty as attorney general means that she ought to be preparing to do her best to win the battle in the Supreme Court.

Most Popular

U.S.

The Gun-Control Debate Could Break America

Last night, the nation witnessed what looked a lot like an extended version of the famous “two minutes hate” from George Orwell’s novel 1984. During a CNN town hall on gun control, a furious crowd of Americans jeered at two conservatives, Marco Rubio and Dana Loesch, who stood in defense of the Second ... Read More
Film & TV

Why We Can’t Have Wakanda

SPOILERS AHEAD Black Panther is a really good movie that lives up to the hype in just about every way. Surely someone at Marvel Studios had an early doubt, reading the script and thinking: “Wait, we’re going to have hundreds of African warriors in brightly colored tribal garb, using ancient weapons, ... Read More
Law & the Courts

Obstruction Confusions

In his Lawfare critique of one of my several columns about the purported obstruction case against President Trump, Gabriel Schoenfeld loses me — as I suspect he will lose others — when he says of himself, “I do not think I am Trump-deranged.” Gabe graciously expresses fondness for me, and the feeling is ... Read More
Politics & Policy

Students’ Anti-Gun Views

Are children innocents or are they leaders? Are teenagers fully autonomous decision-makers, or are they lumps of mental clay, still being molded by unfolding brain development? The Left seems to have a particularly hard time deciding these days. Take, for example, the high-school students from Parkland, ... Read More