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“n that role, judges are bestowed with special expertise to determine right and wrong in such matters as abortion, doctor-assisted suicide, the death penalty and same-sex marriage.”
Or, they could just test the laws against the Constitution. The “moral arbiter” problem only arises, when you decide the Constitution is a “living document”.
OH im sure the phone tapping and IRS digging has found something on Roberts a long time ago. Hence his twisted Healthcare ruling in favor of the Obama debacle.
This is a bad omen. If Scalia is speaking about it now, then it means that is exactly what has happened with these rulings. Look for Prop 8 and DOMA thrown out and 5 judges ordering the country to marry anyone.
If parents were making sure that their children were being taught the Constitution and its history, particularly the Founding States’ division of federal and state government powers, then grade school students would probably be able to point out that the Constituton’s silence about marriage means that it is a 10A-protected state power issue.
As a side note to Supreme Court decisions, note that when state lawmakers actually understood the Constitution that they swear to protect and defend, they knew that they could effectively overturn a Supreme Court decision by ratifying an appropriate amendment to the Constitution. In fact, the 11th, 16th and 19th Amendments are examples of the states doing so.
So, which word will they change the definition of next, to make some special interest group feel better about themselves?
Scalia may be telegraphing that SCOTUS passes [for now] on a gay marriage decision.
SCOTUS may decide that each state is allowed to set its rules for marriage. That being said, SCOTUS may invalidate DOMA due to the 14th Amendment Equal Protection Clause and the Full Faith and Credit Clause.
Then, in the other case, SCOTUS may decide that the concept of gay marriage is so new that it is too soon to rule on it. Given that only 12 of 50 states have adopted it.
Therefore, SCOTUS may vacate the 9th Circuit’s ruling that Prop 8 is unconstitutional [at least for now] - citing that each state can decide its own marriage rules. And that Prop 8 was constituionally approved by CA voters.
the founding fathers had no problems with it. sadly scalia is no longer one of us.
all law is morality. is it going to be yours, or is itgoing to be someone else’s moral worldview? that’s the ultimate question.
David Souter is back, and he’s the Chief Justice of the Supreme court.
America is dead and gone.
Justice is a Virtue—and our moral standards are Judeo-Christian Ethics which is fundamental to our Founding Documents-—that determined Right and Wrong. It is the foundation (First Principle) of our Legal system-—not the Ethics of Satanists, Saudis and Afghanis, where sodomy mocks God’s Design and Natural Law.
Our Rights come from God in the USA-—not from the State—or Courts—and there is no Right to Vice (sodomizing others)—in a “Justice” system. It is quiet clear—and Right Reason is part of any “Just” law. When laws cease to be Just—they cease to be law.
This insanity inside our courts which promotes Vice instead of Virtue-—has to end or we will collapse-—as Cicero stated any unjust “legal” system would.
All justices who force Vice into “Just” laws have to be impeached.
JUSTICE THOMAS is the only AMERICAN serving on the SCOTUS.
LLS
I disagree. The one thing I have learned about the seemingly bipolar court is that they almost never place any checks or limits on the power of the Federal government. I think DOMA survives since it is a federal law.
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