By Tom Watts Yesterday, in the DOMA 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 was as follows: “[Y]ou agree that Congress could go the other way, right? Congress could pass a new law today that says, We will give Federal benefits. When we say …
Continue Reading about Phantom Marriages in a DOMA Hypo Fail →