Impeachment, nullification, interposition, and the use of Article III, Sec. 2 of the Constitution all need to be considered.
We need to hold these officials accountable through impeachment, recall, nullification, interposition and arrest where necessary.
I am so seek of this endless deference to judicial tyranny. The nebulous references to "growing national consensus" and citations of "international law" are just too much to countenance. What does it take to make 5 of these justices cognizant of the fact that their authority to preside originates in the US CONSTITUTION?
When oh when will some elected executive officer in some state or federal capacity, in fulfilling his constitutional duty to honestly interpet the constitution (federal or state) just disregard the unconstitutional rulings of any court and dare the legislature to impeach him for it? When will some legislature impeach just ONE judge for an unconstitutional ruling?
To say that the courts have the final word on the constitutionality of a law NO MATTER WHAT THEY RULE is to say that the system of checks and balances envisioned by the founders does not exist any more.
Alan Keyes gave the best summation of this issue that I've heard yet. He said that every branch of government has a duty to honestly interpret the constitution. If the president honestly feels the courts make an unconstitutional and lawless ruling, then the president should disregard that ruling and refuse to enforce the provisions that he felt were blatantly unconstitutional. If the Congress felt the president was wrong in this decision, then it was their duty to impeach him for it. If the electorate felt that the Congress was wrong for impeaching the president or the failure to impeach him, they can remove them at the next election, as well as the president for any presidential actions that they considered wrongful. Congress can and should impeach federal judges for blatently unconstitutional rulings that manufacture law.
Lest anyone consider this formula has a recipe for chaos, then I submit to you there is no chaos worse than an unchecked oligarchic Judiciary. We are not living under the rule of law when judges make law up to suit their whims has they engage in objective based adjudication.
What you've said.
.....judicial tyranny...
Precisely correct phrase.
Rule by tyrants was tried and found lacking thousands of years ago. The liberals have reintroduced tyrannical rule under the guise of a supreme court. The Senate Republicans have the opportunity but seem to lack the will.