With its multitude of heads, the Hydra of Greek mythology must have faced internal dissension. How did it resolve basic questions such as whom to attack? Or perennial puzzlers such as whether Jerusalem is in Israel? In his "second labor," Hercules used his golden sword to slay the Hydra, so we will never know.
Although they have endorsed the outcome in Obergefell, Ian Millhiser and Andrew Koppelman have disparaged so-called "substantive due process" -- the notion that the Due Process clause protects individual rights, including those not expressly listed in the Constitution's text, from being violated by the government.
Why are people willing to pay for the right to put their message on a license plate, rather than just put it on a bumper sticker? Justice Breyer suggests that it is because they want the state's endorsement of their message. The problem, though, is that this is about the state discriminating among private speakers based on whether it approves or disapproves of the message. This, the First Amendment does not permit.
Even 150 years later, it's clear that the wounds of the Civil War are not completely healed. But despite these historical and political rifts, there is one thing that can and should unite all Americans, as it has united Senators Leahy and Lee and a unanimous Senate: The wisdom and importance of the constitutional changes wrought by the Civil War and Reconstruction.