The judicial branch is not the legislative branch

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.

See and for more.

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.

One thought on “The judicial branch is not the legislative branch

  1. Funny how your side always hollers “impeachment” when things don't go your way, but “the Right” cheers when 5 justices appoint a president of the United States or ensure electoral corruption by voting for Citizens United. Where was your call for impeachment when “Justice” Thomas repeatedly rules in favor of companies that once employed him or now employ his wife, without recusing himself? This nonsense harks back to 1954 and beyond, reeking of absolute hypocrisy.


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