Federalism, Liberty, and Equality in United States v. Windsor

2012-2013 Cato Supreme Court Review

31 Pages Posted: 19 Sep 2013

See all articles by Ernest A. Young

Ernest A. Young

Duke University School of Law

Erin C. Blondel

affiliation not provided to SSRN

Date Written: September 17, 2013

Abstract

This essay argues that federalism played a profoundly important role in the Supreme Court's decision in United States v. Windsor, which struck down the federal Defense of Marriage Act. Arguments to the contrary have failed to appreciate how Justice Kennedy's opinion employed federalism not as a freestanding argument but as an essential component of his rights analysis. Far from being a "muddle," as many have claimed, Justice Kennedy's analysis offered one of the most sophisticated examples to date of the interconnections between federalism, liberty, and equality.

Keywords: Windsor, same-sex marriage, Anthony Kennedy, federalism, equal protection

Suggested Citation

Young, Ernest A. and Blondel, Erin C., Federalism, Liberty, and Equality in United States v. Windsor (September 17, 2013). 2012-2013 Cato Supreme Court Review. Available at SSRN: https://ssrn.com/abstract=2327067

Ernest A. Young (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States
919-613-8506 (Phone)

Erin C. Blondel

affiliation not provided to SSRN

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