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The vast majority of my colleagues in the estate planning bar are treating Obergefell as if it will never be overruled, and not even warning their LGBTQetc clients about the possibility. (When I posted the issue on our statewide listserv, I got several flame responses and only one response supportive of discussing the issue.)

Rather than give any one branch the final word, the Constitution creates three branches that can compete over its meaning. The separation of powers means not only that the President, Congress, and the Supreme Court are separate, but that they are also independent of one another. According to Jefferson, “the opinion which gives to the judges the right to decide what laws are constitutional, and what are not, not only for themselves in their own sphere of action, but for the Legislature & Executive also, in their spheres, would make the judiciary a despotic branch.”

Source: Obergefell and Judicial Supremacy: It’s Not Over | National Review

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