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July 01, 2015

Good News! Kennedy's Idiotic Gay Marriage Decision Worse Than You Thought

I was wondering how this new found "right to dignity" would play out. Turns out, Kennedy wasn't satisfied with just rewriting the centuries old definition of marriage. No, he decided to unshackle judges entirety from the written Constitution. He accomplished this by overturning a precedent that laid out the ground rules for finding "new rights."

In Glucksberg, the Supreme Court reversed the Ninth Circuit’s holding that the Constitution contains a substantive-due-process right to assisted suicide. Substantive due process is a doctrine under which courts may discover and enforce unenumerated constitutional rights. The Supreme Court stated that in order to find a substantive-due-process right, a court would have to determine that the right, based on a “careful description” of what it included, was “objectively deeply rooted in this Nation’s history and tradition.”

...

Rather than admitting that there was no substantive-due-process right to same-sex marriage, Justice Kennedy buried Glucksberg. He acknowledged that the Glucksberg test “may have been appropriate” when talking about assisted suicide, but claimed that a more lenient approach is appropriate when “discussing other fundamental rights.”

And other than redefining marriage in a ridiculous way by judicial fiat, what other rights might courts now invent?

In Obergefell, Justice Kennedy made it clear to lower courts that, after he eliminated Glucksberg, the only remaining limit on new judge-made rights is a judge’s imagination. He noted that “when new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim for liberty must be addressed.” In other words, he believes that since the Founders “did not presume to know the extent of freedom in all of its dimensions,” they gave courts unlimited power to “protect . . . the right of all persons to enjoy liberty as we learn its meaning.” The “we” in that sentence refers to judges.

The left is always on about how people have "a right" to be free from "want" and given things like "free" housing, food, a "living wage" and on and on. All the things they couldn't get via the electoral process? They will now simply sue for citing Kennedy's decision and obtain them by judicial decree.

As Gabe pointed out, Roberts' ObamaCare decision is a massive power grab by the courts from the executive. Pair it with this usurpation of legislative authority and we should just eliminate the political branches all together.


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posted by DrewM. at 10:50 AM

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