constitutional tradition" has been a "chief casualty in the struggle over same-sex marriage", Wilkinson opined that marriage should be regulated through ordinary legislative means and opposed "the rush to constitutionalize" the dispute. On June 24, 2008, Wilkinson authored a concurring opinion in Richmond Medical Center For Women v. Herring, which upheld the Virginia ban on partial-birth abortions. In his concurrence, he voiced a strong opposition to the practice of partial-birth abortions: "The fact is that we—civilized people—are retreating to the haven of our Constitution to justify dismembering a partly born child and crushing its skull. Surely centuries hence, people will look back on this gruesome practice done in the name of fundamental law by a society of high achievement. And they will shudder." In 2012, Wilkinson published his fifth book (and second through Oxford University Press), Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance. The following year, Wilkinson wrote an opinion upholding the Baltimore Ravens' use of its previously used "Flying B" logo in videos, photographs and displays as fair use. In 2016, Wilkinson dissented when Judge G. Steven Agee found that sectarian prayers offered by Rowan County, North Carolina commissioners at their meetings did not violate the Establishment Clause of the United States Constitution. That judgment was then rejected by the full circuit en banc by a vote of 10–5, with Wilkinson now writing for the majority while Agee and Paul V. Niemeyer authored dissents. In June 2018, the Supreme Court of the United States denied review, over the written dissent of Justice Clarence Thomas joined by Neil Gorsuch. In 2017 Wilkinson published, All Falling Faiths: Reflections on the Promise and Failure of the 1960s. In March 2018, Wilkinson wrote a dissent when the circuit denied en banc rehearing to a divided panel's conclusion that the Bladensburg Peace Cross memorial from World War I now violated the Constitution's Establishment Clause. The Fourth Circuit's judgment was then reversed by the U.S. Supreme Court in American Legion v. American Humanist Association (2019). In August 2018, Wilkinson wrote for the panel majority when it found that the Constitution's Eighth Amendment did not prevent Virginia from criminally prohibiting those it identified as "habitual drunkards" from possessing alcohol. Judge Diana Gribbon Motz specially concurred, arguing that the majority was ignoring Powell v. Texas (1968). In July 2019, the full circuit en banc reversed the panel by a vote of 8–7,