When the courts manufacture rights out of thin air, they often elevate them above actual rights embedded in the Constitution.
Take the manufactured right to abortion as an example. Even if such a right existed, it would not follow that the taxpayers are obligated to pay for abortions. I have a right to buy a printing press and publish my political views, but that doesn’t obligate the taxpayers to buy me a printing press if I can’t afford one. Yet, four of the five judges currently sitting on the Supreme Court would rule that the taxpayers are indeed obligated to subsidize abortions. Several liberal state courts, including New Jersey’s, have ruled the same way.
When activist judges create phony rights out of thin air, they often feel compelled to elevate them to an even higher level than actual, constitutionally based rights. Constitutional or long-standing common law rights, such as freedom of religion, freedom of association, legislative power of the purse, parental rights over their children, and other established and even constitutionally embedded rights thus are held to be subordinate to a new right fabricated out of thin air a month ago.
It’s how the Boy Scouts found themselves hauled into court. And while they thankfully won, it was only by a 5-4 ruling. And the Scouts are still being harassed by jurisdictions around the country. Their constitutional right to religious liberty and freedom of association is trumped in the minds of “liberals” by the newly fabricated right to commit sodomy.
TYPO correction: Make that four of the NINE judges. Duh!