Justice Kennedy did not settle the marriage debate

As we saw with Roe v. Wade, the 1973 decision that created a federal right to an abortion, did not settle the issue.  On the contrary, Roe v. Wade poisoned the political arena in ways that no one could have foreseen in 1973.  As David Brooks wrote in 2005: When Blackmun wrote the Roe decision, it took the abortion issue out of the legislatures and put it into the courts. If it had remained in the legislatures, we would have seen a series of state-by-state compromises reflecting the views of the centrist majority that's always existed on this issue. These legislative compromises wouldn't have pleased everyone, but would have been regarded as legitimate. Instead, Blackmun and his concurring colleagues invented a right to abortion, and imposed a solution more extreme than the policies of just about any other comparable nation. Are we starting to see the same anger over same-sex marriage?  It's early, but some polling...(Read Full Post)