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Author Archives: Cass Sunstein

Commentary: A near-convincing case against same-sex marriage

In recent years, many federal judges have voted to strike down bans on same-sex marriage, in part because no one has defended them well. This month, however, Judge Jeffrey Sutton, of the U.S. Court of Appeals for the Sixth Circuit, produced the most powerful defense to date.

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Commentary: Greatest win for gay marriage is just two words

Judge Richard Posner’s opinion is uncharacteristically lengthy, but its most memorable words are just two: “Go figure.” With each decreasingly plausible effort to defend prohibitions on same-sex marriages, that may remain the best response.

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Commentary: Economic mobility, stuck in neutral

As the rungs of the economic ladder move further apart, a stable level of mobility becomes a more serious problem, because it matters a lot more whether your parents are rich or poor. The “birth lottery" ends up having bigger consequences.

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Commentary: Government shutdown has a simple explanation

we know that when like-minded people speak with one another, they tend to become more extreme — the phenomenon known as group polarization. In recent months, the House of Representatives has been a case study in group polarization.

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Flip-flopping on filibuster makes Congress a mess

What are the legitimate powers of the president? Of Congress? Some people’s answers to these enduring questions seem to shift dramatically depending on a single (and seemingly irrelevant) fact: whether the current president is a Democrat or a Republican. These ...

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