A good article, Michael,
But the most important legal and political conclusion was left out:
Our political system is unable to make this kind of decisions. Instead, the Supreme Court makes many decision that in a normal democracy would have been resolved by the Legislature.
As long as we have winner-take-all, we will have to rely on judges to make the decisions that our 'representatives' (read: majority winners) cannot make. That means we are always going to be a country that puts (too) many people in vulnerable positions.
Here is my latest article on our restricted political system:
