The problem is that Progressives reject the ideas of the Declaration and its assertions of natural law. Progressives see “truth” as whatever is the contemporary sense of the norm. . .even if the contemporary sense is perversion. That’s why, for Progressives, it’s all about propagandizing the people to cow them toward the “norms” that their superiors, the experts, feel is best for them.
As for the judge and his 50+ year old term, rational basis is code for judges in disagreement with elective assemblies. It is a judicial bumper sticker that replaces thought with raw despotism.
Oh, and I ask everyone, do we live a free republic if unelected, unaccountable blackrobes can so casually redefine the foundation of western civilization?
When judges are so comfortable sticking pins in the eye of the civil society, how much longer can we expect any of our remaining and dwindling freedoms to last?