The stakes were not small. This opinion undermines the integrity of referendums and initiatives in all of the states that incorporate them into their governance. Indeed, this court decision is a direct blow at democracy. Chalk one up for either (1) a court too afraid to rule on the big issue of the day or (2) a court that has no respect for its own precedents and democracy (or all of the above). Justice Kennedy's dissent demolishes the majority opinion.
