With “each decision ... unabashedly based not on law” the Court moves “one step closer to being reminded of [its] impotence,” Supreme Court Justice Antonin Scalia wrote last year. The warning was issued in his dissent from the Obergefell v. Hodges ruling, which sought to compel states nationwide to recognize faux marriage. But that inevitable reminder to the Court will have to wait in Tennessee, as a bill that would have directed state officials to defy the Supreme Court’s unconstitutional 2015 decision died in committee Wednesday. Nonetheless, the fight continues.
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