TightWind is written by Kyle Baxter. Stay Hungry. Stay Foolish.

Randy Barnett explains Justice Kennedy’s DOMA decision:

Because the logic of Justice Kennedy’s opinion for the majority in Windsor is novel, it is likely to confuse observers as it seems to have confused the dissenters.  So in this post, I want to lay bare this logic, by explaining how it resembles, but also differs from, the federalism argument we made in our “Federalism Scholars” amicus brief (cited by the Court at page 23).

(Isn’t the Internet incredible? We get to read explanations of Supreme Court decisions from people whose work is cited by the court. The future is awesome.)

I haven’t had a chance to read the decision yet, but I’m looking forward to it after Barnett’s piece. Here’s a link to Kennedy’s decision.