When it has 1100 laws, which in our society means that the federal government is intertwined with the citizens' daily life, you are at real risk of running in conflict with what has always been thought to be the essence of the state police power, which is to regulate marriage, divorce, custody.
Justice Kennedy discusses the implications of DOMA on state rights and the federal government's role in marriage regulation.
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I'm actually somewhat concerned about the Court. It's a little bit too personal and confrontational, some of the opinions.
Yes, I'm concerned. Democracy presumes an open, rational, thoughtful, decent discussion where you respect the dignity of the person with whom you disagree.
And if they see a hostile, fractious discourse, if they see a discourse that uses identity politics rather than to talk about issues, democracy is at risk. Freedom is at risk.
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