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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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