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Constitutional Law

: Ninomania

By David M. Wagner

The California Supreme Court will announce its ruling tomorrow, at 1 pm eastern time, on whether the California Constitution implies a right to same-sex marriage.

The recent trend in state courts has been toward recognizing that such a seismic change should be made, if at all, by the people's representatives in the legislatures. A writer at HuffingtonPost, however, thinks the California court is ready to transform society like a Dworkinian "Hercules," and is "readying itself for a backlash" -- "backlash" being the appropriate term when the people don't fall into line (when they do, their "voice" must prevail, and contrary judicial opinions constitute and "end run" around them).

Full post as published by Ninomania on May 14, 2008 (boomark / email).