10 Quotes by Jack Balkin

My suspicion is Kennedy probably will not want to adopt a rule that would gut the practical effect of Casey, which is a decision he wrote. On the other hand, he might choose a narrower way of upholding the New Hampshire law. He might remand to see if the health exception can be applied in the language.

Rights are most secure when they are supported by legislative enactment,

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Brown truly becomes law, really becomes something everyone's on board with after the Civil Rights Act of 1964, ... At that point, Congress said, 'We are behind Brown.'

It would not be (illegal) under child pornography laws because no actual child was used in the act. Child pornography laws receive special treatment under the First Amendment because children are sexually abused and people traffic in the results of that abuse.

It sounds like something Rehnquist would have written. William Rehnquist didn't believe there is a right to privacy either.

Every religion I know of has changed its views with respect to concrete controversies over long periods of time. People's views about the morality of homosexuality are likely to undergo some change, even though they're making judgments based on their religious beliefs. Because in fact, religion is an extremely durable, and yet flexible, way of trying to apprehend what's good and what's bad in the world. In fact, its durability comes from its flexibility. Now, speaking from inside a religion, it's hard to talk that way.

There is a powerful desire by majorities to assert a religious identity for the country.

The reasoning isn't crazy. It's technically correct. If you're being true to the idea that government must not take positions on religious questions, then the Ninth Circuit opinion is quite persuasive.