High Court Nominations Were Always Political; Legitimate Role

2016-10-27T06:09:44+00:00 May 31st, 2016|Law, New York City, New York Times|

Opinion High Court Nominations Were Always Political; Legitimate Role Published: July 8, 1993 To the Editor: "The Senate's Power Grab" by Robert H. Bork (Op-Ed, June 23) fails to comprehend the "American understanding of the Supreme Court's legitimate role in governing us." Strict constructionism of the Constitution cannot prove functional because it assumes three elements that are nonexistent: (1) words are inherently determinate; (2) a constant society, and (3) a unitary democracy. First, words are inherently [...]

In Defense of the Defense of Marriage Act

2016-10-27T06:09:54+00:00 May 31st, 2015|Law, New York City, New York Times|

  Opinion In Defense of the Defense of Marriage Act Published: May 30, 1996 To the Editor: Prof. Laurence H. Tribe (Op-Ed, May 26) articulates a sound legal argument that Congress has no constitutional power to confer upon the discretion of the states the authority of the proposed Defense of Marriage Act, which would allow states to deny recognition to same-sex marriages that might be accorded legal status in other states. But legal acumen may not [...]