Whatever you think about last week’s decision on same-sex marriage, we should be very concerned about the direction of the Supreme Court. The real problem we face is not one court decision or another. The real problem we face is that for two generations, the Supreme Court has operated as a super-legislature rather than as a neutral body that interprets the law and the Constitution as written.
We have justices openly talking about public policy during legal arguments. Two especially egregious cases were when Stephen Breyer argued public policy when the court was considering the Fair Housing Act and when Ruth Bader Ginsburg was using public policy arguments to explain why campaign finance regulations should be upheld.
The Supreme Court is not the legislative branch and should not even be considering public policy. The court’s only role is to interpret the law and Constitution as written. When the Supreme Court behaves this way, and is allowed to behave this way by Congress and the President, we do not have a Constitutional republic envisioned by the founders of this nation. We have a judicial oligarchy. This means that nothing, including the Bill of Rights, is safe.
We need to demand that the other branches of government restrain the judiciary.
This means that impeachment must be on the table.