J
JAMESBJOHNSON
Guest
Yesterday, I think it was, I read an article explaining why the Supreme Court refused to rule on the same-sex marriage question. The writer says the court wants to measure same-sex popularity before deciding. I thought: The People voted it down in 39 states, including California. The real issue is federal judges nullifying popular will, because there is no historical precedent in our history or the common law for same-sex marriage. Its nothing that once existed or was ever reserved for elites. Its new under the Sun. So the writer's thesis is nonsense.
Roberts et al sent a signal to the appellate courts to unanimously strike down laws prohibiting same-sex marriage so no one has to make waves at election time. Its also a precedent: If 9-10 federal appeals courts can nullify popular will for one thing will they do it for others and take the powers of the states and people. Sure. Power is like a credit card, the courts will use it up.
Roberts et al sent a signal to the appellate courts to unanimously strike down laws prohibiting same-sex marriage so no one has to make waves at election time. Its also a precedent: If 9-10 federal appeals courts can nullify popular will for one thing will they do it for others and take the powers of the states and people. Sure. Power is like a credit card, the courts will use it up.