Supreme Court can’t tell what “legislature” means

Lost in the tumultuous week of Supreme Court rulings over Obamacare and gay marriage was another odd ruling.  To combat gerrymandering, the people of Arizona passed a referendum that would take away the state legislature’s power to draw electoral boundaries and give it instead to a non-partisan commission.  That sounds like a good outcome, since gerrymandering–drawing districts to protect the incumbents–is a plague on democracy.  The problem is, the Constitution explicitly, in so many words, gives that power to the “legislature.”

But not wanting the Constitution to get in the way of their favored policies, the court ruled in favor of the commission.  George Will tells the tale and recounts Chief Justice Robert’s vigorous–if surprising, given his Obamacare ruling–dissent on the necessity of attending to the language of the Constitution. [Read more...]

The right to dignity

To find a right to abortion in the Constitution, the Supreme Court justices in Roe v. Wade construed from the text a “right to privacy.”  To find a right to gay marriage in the Constitution, Justice Kennedy, with the concurrence of the majority, has construed a “right to dignity.”

Law professor Jonathan Turley, who supports gay marriage, said that the judges could very well have ruled to that effect by invoking the equal protection clause of the 14th Amendment, as lower courts have done.  But instead it invokes the section on “due process” and asserts this new right to “dignity.”  Prof. Turley, who shows how Justice Kennedy has been building up to this notion in a number of his other rulings, is worried about this new legal doctrine, saying that it opens up all kinds of legal and civil liberty cans of worms. [Read more...]

Supreme Court makes gay marriage the law of the land

The Supreme Court has legalized gay marriage throughout the nation, going so far as to rule that gay marriage is a constitutional right.

So now it is done.  What now?  Discuss. [Read more...]

Today the Supremes take up gay marriage

Today the Supreme Court will hear oral arguments on whether state laws defining marriage as being between a man and a woman are unconstitutional.  Joseph Backholm, of the Family Policy Institute of Washington, has an interesting take on the arguments that the constitution mandates gay marriage. [Read more...]

Supreme Court will settle gay marriage

The Supreme Court has agreed to hear a case that will, in effect, decide if the Constitution requires all states to have gay marriage. [Read more...]

Amnesty by decree

President Obama has issued an executive order protecting some 5 million illegal immigrants from deportation.

On what authority, you may ask?  He is invoking the principle of “prosecutor discretion,” under which a law enforcement officer may choose, for example, which speeders to chase down.  So here the Executive Branch, charged with carrying out the laws passed by the Legislative Branch, is just choosing not to enforce the law against illegal immigrants unless they have committed other crimes.  (But in forbidding immigration officials from enforcing the law, isn’t he taking away their “prosecutor discretion”?) [Read more...]