This is the week the circuits split. We discuss Judge Sutton’s opinion for a panel of the Sixth Circuit upholding bans on gay marriage in several states. Although Joe and Christian mainly agree about this case, Joe finds plenty of other things Christian says and does to be irritating, especially during our first eighteen minutes when we discuss feedback.

This show’s links:


Michael Dorf, Why Danforth v. Minnesota Does Not Undermine My View About State Court Decisions to Follow Lower Federal Court Precedent
Our episode with Peabody award winner, Tom Goldstein
About typefaces (and the difference between typefaces and fonts)
About King v. Burwell, the case the Supreme Court has taken up challenging subsidies on federally run exchanges; see also Christian’s take and Abbe Gluck’s
The Unrecorded Podcast
Michelle Meyer, Will the Real Evidence-Based Ebola Policy Please Stand Up? Seven Takeaways from Maine DHHS v. Hickox (which Christian wrongly attributed to Hank Greely, who has also written on Ebola, but is in fact from fantastic friend of the show Michelle Meyer - sorry Michelle), further to our last episode on the domestic side of the Ebola
DeBoer v. Hodges, the Sixth Circuit decision by Judge Sutton upholding various state marriage bans
Oral Argument 36: Firehose of Inequality (guest Anthony Kreis)
Baskin v. Bogan, Judge Posner’s decision striking down state marriage bans and Christian’s post about the Seventh Circuit’s oral arguments in that case
About Baker v. Nelson
Hicks v. Miranda
Loving v. Virginia
Plessy v. Ferguson
Romer v. Evans
Balkinization Symposium on Unconstitutional Animus (We’d apologize for the error of attributing this to SCOTUSblog, but we don’t have time to apologize for all of our errors.)
William Eskridge, Jr. A History fo Same Sex Marriage