Jeffrey Rosen writes: [W]hen the constitutional arguments for judicial intervention are ambiguous, uncertain, and intensely contested, judges should defer to the political branches. In my view, gay marriage, like abortion, is one…
Jeffrey Rosen, in TNR, describes a nightmare scenario of post-election litigation tapping into that "inexhaustible font of rhetoric and novel lawsuits" that is Bush v. Gore. Rosen resurrects Felix Frankfurter to warn u…