The Yale Law Journal

Summary Judgment

Reactions to Windsor

12 Mar 2014


Lower Court Popular Constitutionalism

Katie Eyer

Scholars of popular constitutionalism have persuasively argued that an array of nonjudicial actors—social movements, the federal political branches, state and local political entities—play an important role in shaping constitutional meaning. To date, the accounts of such scholars have largely focuse…


Windsor’s Right to Marry

Douglas NeJaime

In this Essay, Professor Douglas NeJaime reads United States v. Windsor, which technically rested on equal protection grounds, through the lens of the fundamental right to marry. The Windsor Court absorbed decades of LGBT rights advocacy by situating same-sex couples within a contemporary model of m…