What strikes me is how the extraconstitutional principle of judicial supremacy is accepted by conservatives. Judicial review ought to apply only to the case in controversy. Even a Supreme Court decision is only a precedent. Now it is taken as an edict.
Agreed, SCOTUS is but one of three branches UNDER the rule of law (self evident from God and in all other matter from the people)...
I agree that it’s remarkable how judicial supremacy is just accepted in almost all quarters. The Founders certainly didn’t intend this, and I have a hard time believing they would have accepted the type of outrageous usurpation of power that the Sup Court has routinely engaged in over the last 60 years or so.
Sadly, if John Roberts and/or Anthony Kennedy decide to impose gay marriage on the entire nation, nothing will be done about it. It will cause bitterness and prolong the life of the issue on a national level like Roe did to abortion, but there will be no question about obeying such an unconstitutional decision. As a nation, we will meekly obey, and that includes the most conservative states as well.