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How The Judiciary Influences The Executive
ByRichard Just makes an astute point:
[Maine Gov. Baldacci] shifted his view [on marriage] because he decided that the status quo wasn't constitutional. This
struck me as a noteworthy, and unusually clear, piece of evidence in
the debate over the efficacy of judicial activism. ... What Baldacci's comment suggests is that, as
judges across the country reinterpret equal protection clauses in light
of our culture's changing understanding of homosexuality, they are not
merely persuading themselves or their peers in other courts; they are
also persuading those outside the judicial system.
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