osewalrus (osewalrus) wrote,
osewalrus
osewalrus

DOMA Decisions

And then there are the days I feel like I am the only person in the world who cares about process or precedent.

I can at least buy Equal Protection, but a 10th Amendment violation? What a sorry excuse to apply rational basis scrutiny without having the guts to come out and say it.

More to the point, the 10th Amendment rationale makes an appeal an outright necessity from a federal perspective. Under this theory, any federal rule that violates an intrinsic aspect of state sovereignty -- which is ANYTHING -- potentially violates the Tenth Amendment.
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