Bench Memos

George Will Gets Snookered Against DOMA—Part 2

I hope that it is unnecessary for me to affirm my deep respect for George Will. For those attacking DOMA, it’s quite a coup to get Will on board, however poorly reasoned his position is. Will has earned his reputation as a leading conservative thinker (even as he has become much more libertarian recently, both on policy and in his constitutional thinking). As a practical matter, his misguided attack on DOMA will make it much easier for anyone else who is looking for an excuse, or for camouflage, to posture himself against DOMA. How, a moderately conservative editorial board of a newspaper might ask itself, can we be to George Will’s right on this? Rightly or wrongly, many people expect that Justice Kennedy will be asking himself the same question.

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