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Huge. Big. Deal.
EJ. What a tremendous post. Thank you.
And yes, you are right, the decision to treat the same-sex plaintiffs in this case as a suspect class, warranting “strict scrutiny”—the most rigorous and unforgiving type of constitutional review—is a huge big deal and a step the courts had not been willing to take. The sharp-eyed Marty Lederman caught it last night in this post at Convictions.
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