In Re the Marriage of Gallagher

I respectfully dissent. The majority has tried to bandage a broken relationship; the result feels right, but its legal basis does not withstand close scrutiny.

As a court, we must “ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion.” Vasquez v. Hillery, 474 U.S. 254, 265, 106 S.Ct. 617, 624, 88 L.Ed.2d 598, 610 (1986). Our decisions should “furnish a clear guide for the conduct of individuals, to enable them to plan their affairs with assurance against untoward surprise.” Moragne v. States Marine Lines, Inc., 398 U.S. 375, 403, 90…