Linda C. McClain — Articles

Reading DeBoer and Obergefell Through the “Moral Readings Versus Originalisms” Debate: from Constitutional “Empty Cupboards” to Evolving Understandings

Constitutional Commentary, Vol. 31: Iss. 3

This article assesses the debate over “moral reading” and “originalist” approaches to constitutional interpretation by evaluating the momentous constitutional controversy in the United States over access by same-sex couples to civil marriage. Justice Kennedy’s landmark opinion in Obergefell v. Hodges...

Ordered Liberty: A Response to Three Views

Constitutional Commentary, Vol. 28: Iss. 3

Response by the authors of Ordered liberty: rights, responsibilities, and virtues, James E. Fleming and Linda C. McClain, to three reviews of their book by Abner Greene, Ken Kersch, and Toni Massaro. The three reviews and the response all appear...