The Corner

Justice Kennedy Contradicts Himself

There is absolutely no way for Justice Anthony Kennedy to square today’s decision with his ten pages of paeans to states’ authority over marriage in the 2013 case of U.S. v. Windsor. None. The damage done to the Constitution and the rule of law in the last two days — in Burwell regarding Obamacare subsidies, in Obergefell today on same-sex marriage, and in yesterday’s housing disparate-impact case as well — is incalculably high. We should weep for our country, and for its constitutional order.

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