Author: Burt Likko

Intermediate Scrutiny

The Federal Defense of Marriage Act has already been held unconstitutional by a Federal Circuit Court of Appeals. Today’s decision from the Second Circuit following suit and consciously anticipating SCOTUS review applies the “intermediate scrutiny” standard...

Unpacking The Binders

Legends are more interesting and more attractive than the reality underneath them. And sometimes, things are said that inadvertently reveal a great deal more than the speaker intends. So, quoth Mitt Romney in last night’s debate: …I...