Quote of the Day: Nobody Cares About Federalism

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From Justice Anthony Kennedy, writing for the majority in United States vs. Windsor:

The class to which DOMA directs its restrictions and restraints are those persons who are joined in same-sex marriages made lawful by the State….This opinion and its holding are confined to those lawful marriages.

In a nutshell, Kennedy says the Constitution doesn’t forbid states from banning same-sex marriage. But if a state allows same-sex marriage, the federal government can’t refuse to recognize it. Marriage is a state concern—in fact, it’s literally a textbook example of a state concern—not a federal one. Taken as a whole, this ruling was as pure a defense of federalism as we’ve seen in a while.

So why did all the conservative justices oppose it? Answer: Because no one actually cares about federalism. It’s merely a convenient veneer when you prefer one outcome over another. Yesterday state sovereignty was of crucial concern when conservatives gutted the Voting Rights Act. Today, they couldn’t care less about it.

HERE ARE THE FACTS:

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ONE MORE QUICK THING:

Our fall fundraising drive is off to a rough start, and we very much need to raise $250,000 in the next couple of weeks. If you value the journalism you get from Mother Jones, please help us do it with a donation today.

As we wrote over the summer, traffic has been down at Mother Jones and a lot of sites with many people thinking news is less important now that Donald Trump is no longer president. But if you're reading this, you're not one of those people, and we're hoping we can rally support from folks like you who really get why our reporting matters right now. And that's how it's always worked: For 45 years now, a relatively small group of readers (compared to everyone we reach) who pitch in from time to time has allowed Mother Jones to do the type of journalism the moment demands and keep it free for everyone else.

Please pitch in with a donation during our fall fundraising drive if you can. We can't afford to come up short, and there's still a long way to go by November 5.

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