Kennedy's open admission that something as ephemeral and transitory as public opinion carries much of the weight in the court's decisions is at least an honest confession. Thirty years ago the high court had to make the most torturous mental contortions imaginable in trying to justify Roe on constitutional grounds, but now this court apparently believes the American people have become sufficiently ignorant of the Constitutional-Republic form of government to accept "emerging" public opinion as a legitimate basis for the court's decisions.
As of last week all state and local legislative bodies are superficial and unnecessary. Congress itself is now nothing more than an expensive debating society and enrichment program for rich politicians. The USSC has in effect appointed itself as the supra-legislative body of the US, and any legislation which conflicts, not with the Constitution but with the court's philosophy of governance and it's evaluation of "emerging" public opinion, is dead on arrival and not worth the paper on which it is written.
What does the Constitution say about the right to keep and bear arms? Doesn't matter anymore, it only matters how five justices feel about the matter, and of course, on the "emerging" popular opinion of the masses. What about the right to be secure in one's person, houses, papers, and effects against unreasonable search and seizure? Same thing, five enlightened justices will decide the issue based on their own philosophy and on "emerging" popular opinion, and without all the bothersome fuss over Constitutional restraints on government's power. It is certainly simpler that way, but even simpler if we just appointed a dictator for life. Oh wait, no need for that, we have nine of them now.
Some of us have known it for decades, but now it's official. The US government has become in essense just an oligarchy of nine unelected, untouchable, appointed for life, "enlightened ones". Those nine people have far more unchallengeable authority over our lives than King George had over the lives of the Colonials.
L