As Richard Reinsch notes, Justice Scalia's dissent in Windsor is a powerful response to Justice Kennedy's majority opinion, which "put the stigma of implicit bigotry around anyone who disagrees with his emancipated individualism." It occurred to me that the Supreme Court has rarely expressed such comprehensive and prominent disdain for whole classes of citizens.  True, Justice Kennedy had leveled a similar accusation in Roemer and Lawrence. But the law at issue in Roemer resulted from a discrete act of the people of Colorado, and Lawrence involved a largely unenforced statute.  In those cases, the target of his disdain was selective, involving citizens…

Read More