Supreme Court Rules Federal Defense of Marriage Act Unconstitutional

This is a bizarre case, not so much for the controversy underlying it, but for the fact that the district court and the Court of Appeals ruled in the plaintiff’s favor, and yet, the government sought the Supreme Court’s review to essentially solidify the ruling with no real controversy remaining.  This is a fundamentally incorrect assertion of jurisdiction over the case by the United States Supreme Court.  Justice Marshall’s understanding of what the role of the Court is and its duty to say what the law is, in Marbury v. Madison, applies to a real case or controversy, not to some now hypothetical question about the constitutional propriety of legislation.  Part I of the dissent makes this point well, and garners the most support among the 4 dissenting justices.

Supreme Court Rules DOMA Unconstitutional

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