Climate Change, Same-Sex Marriage, and Federalism

Here’s a brief but interesting blog post about what might be the development of a new strain of constitutional law possibly giving the legislative pronouncements of states some sort of heightened authority in constitutional analysis.  The author remembers first encountering the idea in Massachusetts v. EPA, a case in which states sued to force the federal agency to regulate greenhouse-gas emissions under the Clean Air Act.  The post explains that this idea has reemerged in the recent US v. Windsor case that struck down part of the Defense of Marriage Act.

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