WHAT COUNTERMOBILIZATION? Remember all the speculation about how the New Jersey Supreme Court's decision requiring civil unions was going to create a major, pro-Republican backlash because the courts were "getting ahead of the people"? Strange how we're hearing less about that today, now that this seems to have had about as much impact on the election as the botched Kerry joke that obsessed the conservative blogosphere but apparently not the electorate. At any rate, this should be yet another reminder that arguments about litigation inherently generating greater levels of opposition than other forms of policy change are generally characterized by a surfeit of assertion and a paucity of evidence.

--Scott Lemieux

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