The Volokh Conspiracy

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Supreme Court

8 Reasons Why Obergefell Won't Be Overturned

Justice Kennedy's decision forcing states to recognize same-sex marriage is not at risk

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In tomorrow's WSJ, the Cato Institute's Walter Olson explains why the Supreme Court's landmark decision in OBergefell v. Hodges is not at risk of being overturned, no matter who replaces Justice Kennedy on the Court. He identifies eight reasons, some doctrinal, some political, and some pragmatic why this is so — and he's right. The traditional bases for overturning precedent would not counsel overturning Obergefell, a case asking the Court to revisit the Obergefell holding is unlikely, and it is even more unlikely that more than one or two justices on the Court would have any interest in revisiting that case even if they were presented the opportunity. As Olson notes, "gay marriage isn't going anywhere."