Justice Kennedy Channels John Hart Ely: Windsor’s Effort to Clear the Channels of Political Change

For the last few days, I’ve been blogging about a new paper of mine on Windsor v. United States over on Balkinization (here, here, and here). I offer a new spin on it, one that invokes Ely’s Democracy and Distrust and depicts Windsor as an effort to “clear the channels of political change.” You might find the posts interesting if you want to read more about what I call the “interlocking gears or rights and structure,” which help explain the many mysteries in the opinion, the democratic purposes federalism serves, and the ways in which Windsor can be understood as an Ely-like move. Or just think of this as an invitation to join those of us writing at the intersection of federalism and election law, including Jessica Bulman-Pozen and Franita Tolson. Come on in — the water’s warm…

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