Conservatives Should Attack Obergefell's Interpretive Method, Not Its Hijacking of the Democratic Process

Abstract

Almost three months after the dust from Obergefell has settled, one thing is clear: conservatives are crying foul primarily over Obergefell’s usurpation of the democratic process. This short Essay, after briefly critiquing Obergefell's interpretive method, critiques this predominant conservative response to Obergefell. The Author argues that, although Obergefell certainly threatens democracy, conservatives are wrong to attack Obergefell primarily on the democracy angle. Instead, conservatives must attack Obergefell's interpretive method. Doing so is critical to ensuring that conservatives appoint judges they actually want on the bench and avoiding decisions like Obergefell.

Keywords: Obergefell, Judicial Philosophy, Jurisprudence, Democracy, Constitutional Interpretation, Supreme Court, Judicial Appointments