Co-blogger Dale Carpenter has been a leading commentator on constitutional issues relating to gay rights for many years. In this recent post, he offered an insightful assessment of the potential impact of a Supreme Court decision endorsing a right to same-sex marriage. Dale has also written an impor
spite the mixed and ambiguous nature of its reasoning. Some of that reasoning may have been influenced by an amicus brief submitted by several constitutional federalism scholars, including VC bloggers Randy Barnett, Dale Carpenter, and myself, which Justice Anthony Kennedy cited in his majority opinion. I