SB777, people like WOSG don’t understand that, as a door can swing in two directions, a federal court that can give you whatever you want under “separate but equal” and “right to contract” can just as easily take it away with “penumbras and emanations.” The problem has arisen because we’ve allowed judges to become fiction writers creating federal rights that must be upheld. In the past, this was accomplished with contraception and abortion, and now the left has moved on to a federal right to gay marriage, which will now be imposed on the states. The same stupidity on the left is present in people on the right when they both try to create rights to enforce federally, when they should be fighting for federalism. Federal courts that removed themselves from jurisdiction over state laws would at least allow people to MOVE if a state court were to try to impose some truly outlandish ‘right,’ say, a right to pederasty for their children, or a right for children to divorce their parents (not wholly impossible given UN and gay tendencies). Scalia is far inferior to Thomas in failing to stand up for this federalist separation of powers.
Ahem: I understand fully the problems of Federal courts and Judges. A judge in Texas this week convicted a woman of felony child abuse for spanking her young child. An absurdity based on not just misreading law, but misunderstanding parental rights and responsibilities.
A good source for understanding our judicial derangement is Bork’s “Tempting of America” and a good source for understanding our cultural derangement is Bork’s “Slouching towards Gomorrah”. Interestingly, these derangements are related.
While we are in the ‘here’s what X doesnt understand ... the key thing that Libertarians don’t understand is this:
We will never have our freedom if we ignore the cultural conditions that enable it.