I am pleased to announce that my essay, The Perils and Promise of the Holder Memo, has been published in 2012 Cardozo L. Rev. de novo 187. You can read the whole symposium, entitled DOMA after the Holder Memo, at the Cardozo Law Review website.
My thanks to the hard work from the Cardozo editors, and congratulations to them on putting out a great issue!
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Congrats! I should look at the Holder memo itself, as I didn't know that it cited Cleburne and I've lately gotten very interested in that case as a precedent for rational-basis-but-not-really review and the origin of the "animus is not a rational basis" rule that became far more famous in Romer. I'm especially curious about whether the Cleburne opinion was met at the time by the sort of conservative opposition stirred up by Romer. I suspect that even in the 1980s, conservatives were less inclined to say animus toward the mentally disabled was a perfectly good basis for legislation than they are to make parallel statements about animus toward homosexuals.
Also, at least TWO Republican presidential candidates have suggested impeaching Obama over the DOJ's refusal to continue defending DOMA.
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