For the Supreme Court, Silence Can Be Golden
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April 2 (Bloomberg) -- In ordinary life, silence can begolden. Sensible and courteous people sometimes hold theirtongues, especially on highly divisive questions. As last week’sU.S. Supreme Court arguments over same-sex marriage attest,silence also plays a role in constitutional law.
Consider a little episode from Supreme Court history. InPoe v. Ullman, decided in 1961, the court was asked to strikedown a Connecticut law forbidding the use of contraceptives. Itdeclined to do so. But it also refused to rule that the law wasconstitutional.