an unanticipated consequence of
Jack M. Balkin
Monday, February 04, 2013
Westboro & Windsor
Fresh from its 2011 victory in Snyder v. Phelps, the Westboro Baptist Church has submitted an amicus brief in United States v. Windsor, the case the Supreme Court will hear next month on the constitutionality of section 3 of the Defense of Marriage Act. Whether by accident or design, Westboro now has the surely unprecedented distinction of authoring a brief to the Supreme Court on a constitutional question that makes not a single mention of the Constitution itself.