Daily Archives: March 28, 2013

Phantom Marriages in a DOMA Hypo Fail

By Tom Watts Yesterday, in the┬áDOMA oral argument, Justice Scalia appeared to make a logical mistake, which created phantom marriages acknowledged by law but never created by law. He was picking up a hypothetical asked twice by Chief Justice Roberts, but he did not appear to have thought it through. As originally posed, the question…

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