I HAVE A LAW REVIEW ARTICLE JUST OUT, arguing that Marbury v. Madison isn’t as important as law professors tend to make it. (It was part of the Marbury 200th Anniversary symposium described here). It’s not available on line, strangely, though I’ve already gotten the issue it’s in; the symposium also includes far better articles by far more important people, like Mark Tushnet, William Nelson, and Jerry Phillips, among others.

Meanwhile, Eugene Volokh notes that as part of the effort to block gay marriage, Rep. Istook (R – Oklahoma) may be trying to overrule Marbury by statute. Volokh has more, concluding: “If this sounds confusing, I think that’s just because the statute is so awfully drafted.” The bill also (at least arguably, as the bad drafting makes it uncertain) runs roughshod over principles of federalism by trying to deprive state courts of jurisdiction to hear claims regarding gay marriage.

You will not be surprised to read that I think it stinks.