Mark T. asks the fair question whether there is any federal statute that one could confidently say this Court would hold unconstitutional. Here’s my candidate: a federal statute banning same-sex marriage. So, I don’t think we should be too quick to say that Morrison and Lopez did nothing of substance. They might even have done some good (I’m in ironic mood. . . .) One other thought occurs to me: should we now call this the Stevens Court? I think the evidence that it is is pretty strong and getting stronger by the Term, notwithstanding recent encomiums to the Chief’s leadership.

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