Sunday, June 30, 2013

How long will the people endure this tyranny of judges?

Via WRSA

 

America has become a government of, by, and for judges. It is hard to imagine a more hapless outcome for the people: the justices at once gave themselves authority to determine a case that they had no right to hear while denying standing to the people of California in another case, thereby giving the pols who put the people in that spot (by refusing to defend Proposition 8) an opening to impose a lower-court ruling on them.

The upshot of the rulings is that 5 judges have now imposed gay marriage on 300 million people. It is no longer a question of if that imposition will happen but when. As Justice Scalia pointed out in his dissent from the majority’s rejection of the Defense of Marriage Act, the Court has effectively taken the issue away from the people:
It takes real cheek for today’s majority to assure us, as it is going out the door, that a constitutional requirement to give formal recognition to same-sex marriage is not at issue here — when what has preceded that assurance is a lecture on how superior the majority’s moral judgment in favor of same-sex marriage is to the Congress’s hateful moral judgment against it. I promise you this: The only thing that will “confine” the Court’s holding is its sense of what it can get away with.

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