DOMA, Prop 8, and Justice Scalia’s intemperate dissent : SCOTUSblog

DOMA, Prop 8, and Justice Scalia’s intemperate dissent : SCOTUSblog: Where to begin with that tidbit? For starters, calling on state and lower federal courts to treat the Windsor opinion as no broader than it claimed to be even as one charges the Court that penned Windsor with charting an unbreakable path to full same-sex-marriage rights is, at the very least, an exercise in jurisprudential cynicism. Either Justice Scalia expects and wants tribunals beneath his pay grade to shut their eyes to what he regards as the inescapable implications of Supreme Court precedents, or he anticipates that they will, and suggests that they should, follow the logic of those precedents where that logic leads notwithstanding the Court’s suggestions that the issue remains entirely open. Either way, he is contradicting himself.