George Will had a Washington Post Op-Ed piece on questions that ought to be posed to Elena Kagan by the Senate Judiciary Committee in her confirmation hearings to become the next Supreme Court Justice. I really like the list, but the last two seemed appropriate for our blog:
-- You have said: "There is no federal constitutional right to same-sex marriage." But that depends on what the meaning of "is" is. There was no constitutional right to abortion until the court discovered one 185 years after the Constitution was ratified, when the right was spotted lurking in emanations of penumbras of other rights. What is to prevent the court from similarly discovering a right to same-sex marriage?
-- Bonus question: In Roe v. Wade, the court held that the abortion right is different in each of the three trimesters of pregnancy. Is it odd that the meaning of the Constitution's text would be different if the number of months in the gestation of a human infant were a prime number?
Hat Tip to kpolo for the heads up on this.