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Re:Same-Sex Marriage Is a Right, Supreme Court Rules by tptacek on Friday June 26, 2015 @12:35PM (#9785855)
Yes! I really, really liked Ely's _Democracy and Distrust_. I don't know how current its ideas are (it's from 1980), but someone recommended it on some legal thread somewhere and I found it both super easy to read and also very illuminating.

Here's Posner on it, FWIW:

http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?artic...

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