If Jonathan Mitchell were a comic book character, he would be drawn holding a lawbook in one hand and in the other, a sledgehammer. Best known as the...
. While there are a handful of conservative nonprofit law firms pursuing similar cases, with whom Mitchell at times works in tandem, he sees himself as stepping into a void where other private attorneys rarely dare to venture.
, Mitchell argued that Obergefell improperly “subordinates” state law to “the policy preferences of unelected judges.” “We wanted to show the justices that the entire edifice of court-invented rights should be rejected, because many of those rights [such as the rights to contraception and interracial marriage] are protected by other sources of federal law, so there is nothing to fear from repudiating the supposed constitutional basis for those rights,” he said.If state legislatures want to pass laws legalizing it, they can, he said.
“I’m a formalist and legalist by orientation,” he said. “Policy decisions are for the political branches to sort out.”The courts have long looked to reliance interests, or how people come to count on legal decisions in their everyday lives, when reconsidering rulings.
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