Monday, June 29, 2015

A Judicial Putsch

From Tom Piatak at Chronicles:
As Chief Justice Roberts wrote in his dissent, “If an unvarying social institution enduring over all of recorded history cannot inhibit judicial policymaking, what can?” In his dissent, Justice Scalia charged that Kennedy’s opinion lacked “even a thin veneer of law” and constituted a “judicial Putsch.” And as Justice Alito noted in his dissent, “Today’s decision shows that decades of attempts to restrain this Court’s abuse of its authority have failed.”

John Adams famously wanted a “government of laws and not of men.” Today’s decision is yet the latest illustration of how far we are from that ideal. Indeed, in practical terms, the Constitution means whatever the swing vote on the Supreme Court says it means. That vote now belongs to Anthony Kennedy. And if you turn on most news programs or read most newspapers today, you will see little criticism of this state of affairs. Instead, you will encounter hosanna after hosanna to Anthony Kennedy and his decision. (Read more.)

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