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

6 Pages Posted: 2 Oct 2015

See all articles by S. Ernie Walton

S. Ernie Walton

Regent University - Regent Law Center for Global Justice, Human Rights, and the Rule of Law

Date Written: September 25, 2015

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

Suggested Citation

Walton, S. Ernie, Conservatives Should Attack Obergefell's Interpretive Method, Not Its Hijacking of the Democratic Process (September 25, 2015). Available at SSRN: https://ssrn.com/abstract=2667223 or http://dx.doi.org/10.2139/ssrn.2667223

S. Ernie Walton (Contact Author)

Regent University - Regent Law Center for Global Justice, Human Rights, and the Rule of Law ( email )

1000 Regent University Drive
Virginia Beach, VA 23464
United States

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