Glenn Greenwald makes the obvious point about Ben Wittes' critique of the California gay marriage decision: for all intents and purposes, there's no argument in it. The shallow, bumper-sticker versions of democracy Wittes invokes -- that the decision represents the "undermining of the right of...
judicial review
In response to Eugene Volokh, I should say that I'm perhaps making a slightly different argument than the one he's addressing. My point about the vote in the legislature, as.
Jack Balkin makes an excellent point here. Defenses of the Supreme Court upholding the Indiana voter ID law claim that the requirement will somehow be part of a political bargain.