Whole federal regulatory infrastructure and Obamacare endangered by radical Federal DOMA ruling?David Kopel writes at the Volokh Conspiracy: ”Jack Balkin has an interesting post on today’s two Defense of Marriage Act cases from the federal District of Massachusetts, Gill v. Office of Personnel Management, and Massachusetts v. HHS. The latter case found DOMA unconstitutional, as applied to Massachusetts, because DOMA violates the Tenth Amendment by infringing the state’s traditional core sovereign power of defining lawful marriages . . . Balkin is concerned As much as liberals might applaud the result, they should be aware that the logic of his arguments, taken seriously, would undermine the constitutionality of wide swaths of federal regulatory programs and seriously constrict federal regulatory power . . . ” WSJ: A Tenth Amendment Win for Liberals? Yes, If it Holds Up |
