From Roe to Obergefell, Part II: Protecting Marriage Equality

In my last post, I considered the possibility that Justice Samuel Alito’s leaked Dobbs v. Jackson draft might signal a threat to other judicial precedents when future cases arrive at the Court. Focusing on Obergefell v. Hodges‘s protection of same-sex marriage, I answered the first three of five related questions:

  • 1. What was Obergefell v. Hodges?
  • 2. How might Justice Alito’s leaked Dobbs reasoning relate to Obergefell?
  • 3. Would this Supreme Court actually act on this reasoning if a case challenged Obergefell?

I concluded that federally protected same-sex marriage is indeed vulnerable to a strong challenge by conservatives who want to use Dobbs as a turning point. I’d like to now pivot to how liberals might react to the loss of Roe and potential challenge to Obergefell. My final two questions are:

  • 4. What are the best pro-Roe and –Obergefell legal arguments?
  • 5. And what are the political implications of a threatened Obergefell?

So let’s get to it. (A lot of what follows will lack context without Part I, so go read that first.)


4. What are the best pro-Roe and –Obergefell legal arguments?

Continue reading “From Roe to Obergefell, Part II: Protecting Marriage Equality”

First Roe, Next Obergefell?

Last week’s emergency post on the Dobbs v. Jackson leaked draft gave PPFA is highest weekly readership of the year, so I’m here to give the people more of what they want.

As I noted in that post, both the ruling itself and the fact that there was a leak are each really big deals and deserve attention from the media and our lawmakers, although depending on one’s partisanship they’ve chosen to emphasize one or the other. I also discussed the potential political implications of Roe v. Wade getting overturned, including, perhaps, a badly needed adrenaline boost into the arm of Democratic Senate candidates.

Today, however, I want to speculate about where else this conservative-leaning Supreme Court might make itself felt. There’s one prior SCOTUS case in particular that might be in its crosshairs: 2015’s Obergefell v. Hodges, which legalized same-sex marriage coast to coast.

If the Court applies the same logic to Obergefell as it did Roe, I’m not sure how long the precedent will last. To best understand why, today I want to answer the following questions:

  1. What was Obergefell v. Hodges?
  2. How might Justice Alito’s leaked Dobbs reasoning relate to Obergefell?
  3. Would this Supreme Court actually act on this reasoning if a case challenged Obergefell?
  4. What are the best pro-Roe and –Obergefell legal arguments?
  5. And what are the political implications of a threatened Obergefell?
Continue reading “First Roe, Next Obergefell?”

Nine Takeaways on the Dobbs v. Jackson Leak

(Note to readers: today was supposed to be Part II of my Six Months Out preview of the midterms. In it, I was going to tell you who was going win the Senate. I even had the podcast episode ready to drop at the same time. But apparently some leaker, working in cahoots with Politico, didn’t want you to have that information yet, so they’ve distracted me with the most dramatic Supreme Court development in decades. I’ll push back my Senate preview to tomorrow.)

(Sorry this took so long. I have a job.)

WHOA! For so many reasons, the leaked draft of the majority opinion in Dobbs v. Jackson is the most important Supreme Court story I can remember. Let’s waste no time. In honor of the nine justices who are now eyeballing each other like characters in an Agatha Christie novel, here are nine things to know about this dramatic development.

Continue reading “Nine Takeaways on the Dobbs v. Jackson Leak”