A Publicity Update and then Three Thoughts on Justice Scalia's Dissent in Windsor
By Mike Dorf T'is the season for constitutional law professors to bloviate for the press--and so I've been doing my bit by fielding calls from reporters for CNN , Salon , the Wall Street Journal , USAToday , Bloomberg News , and the Star Ledger . As I should have expected, some of these papers couldn't resist putting my line about "the first gay Justice" in their headlines, although, to their credit, they did include the full context to make clear that I was speaking metaphorically. Anyway, it looks my yearly fifteen minutes are just about up, so now I'll go back to the more serious business of deeper analysis. * * * Justice Scalia's dissent in United States v. Windsor contains a good deal of food for thought. Here I'll discuss three morsels. 1) The Role of the Court In response to one of the reasons that Justice Kennedy and the majority offer for finding that the case was justiciable, Justice Scalia took issue with the former's cha...