FEDERALISM AS A WAY STATION: WINDSOR AS EXEMPLAR OF DOCTRINE IN MOTION

ABSTRACT This article asks what the U.S. Supreme Court’s opinion in United States v. Windsor stands for. It first shows that the opinion leans in the direction of marriage equality but ultimately resists any dispositive “equality” or “federalism” interpretation. The article next examines why the opinion seems intended to preserve for itself a Delphic obscurity. The article reads …