Tag: US Law

Scalia and the Rule of Law

Howl of the Day: Feb 22, 2016

“The law,” wrote Aristotle in his Politics, “is reason unaffected by desire”.

This view is complicated by Aristotle himself, particularly in his treatment of legislators, those who make the law, and foundings, when laws are born. But despite that, the view so expressed does not lose much of its basic persuasive impact, nor any of its practical importance. The difference between any regime and its degenerate form is often to be found in whether or not the law is regarded therein as an expression of passionless reason, and respected accordingly.

Perhaps no recent justice of the American Supreme Court was as concerned with this idea as the late Antonin Scalia. There have been and will, of course, continue to be questions about whether Scalia understood the issue sufficiently well, and whether he bore out his own view of the matter consistently in his actual judgements, and so on. But there can be little dispute that he regarded the issue as a central one and that he compelled others, friends and foes, to do the same.

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The United States Supreme Court and Same-Sex Marriages: Did The Court Miss An Opportunity For Something Greater?

By: Amar Khoday

Let’s give credit where credit is due. The United States Supreme Court did a tremendous thing for marriage equality in Obergefell v. Hodges.[1] It struck down state laws prohibiting same-sex marriage. In the words of United States federal appellate judge and legal scholar Richard A. Posner: “Prohibiting gay marriage is discrimination.”[2] The decision culminates years of litigation on the issue.

While I am delighted by the outcome of the decision, I am nevertheless going to be a bit of a downer here. Obergefell didn’t go far enough. How so?

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