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The Dobbs Decision Hasn't Aged Well

Strict Scrutiny

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The Conspicuous Omissions From the Clarion Call

Even if there are statutory protections for interracial marriage that would still mean loving versus Virginia should be overruled. The equal protection clause could explain loving it's not clear why that would explain Obergefell since that distinction might also violate the equal protection clause. Given the Supreme Court's holding in Bostock that discrimination on the basis of sex includes discrimination on the based of sexual orientation it's also not clear that that rationale distinguishes between those cases either.

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