Co-blogger Dale Carpenter argues that Judge Stephen Reinhardt’s recent decision striking down the California gay marriage ban is an attempt at “judicial minimalism” intended to make the outcome acceptable to a Supreme Court that is unlikely to rule that the Constitution requires nation-wide recognition of same-sex marriage. By “lowering the stakes,” Dale argues, Reinhardt gives the Court a way to affirm his ruling.This may well be Reinhardt’s intention
The Volokh Conspiracy » Judicial Minimalism and Same-Sex Marriage
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The Volokh Conspiracy » Judicial Minimalism and Same-Sex Marriage