Obergefell’s Toxic Judicial Legacy

National Review ^ | 4/1/17 | Howard Slugh

[Calusa]

In Obergfell, Justice Kennedy did far more than merely discover a constitutional right to same-sex marriage. He wrote that judges have an ongoing “duty” to identify and protect new “fundamental rights.” He maintained that judges should institute new rights whenever their “reasoned judgment” suggests that it is appropriate to do so.

Read more at: http://www.nationalreview.com/article/446574/

[Calusa]

This is most significant considering Gorsuch was Kennedy's Clerk. Today Kennedy swore in Gorsuch. Did we replace Scalia or clone Kennedy? The 'Living Constitution' just went on steroids.

[Publius]

Link doesn’t work.

[Bubba_Leroy]

The Constitution now says whatever the hell 5 out of 9 Supreme Court Justices want it to say at any point in time.

Of course, one problem with living under an oligarchy of judges with lifetime appointments is that a different 5 out of 9 Justices can always decide that they want the Constitution to say something else.

[stylin19a]

http://www.nationalreview.com/article/446574/obergefell-judges-invent-rights

[gibsonguy]

The SC has been granted way too much power. Period. 5 unelected individuals can overrule the will of an entire nation. It’s insane.

[Calusa]

Try NationalReview.com it’s the third link down on the main page. I tried to copy the link but it changes when I click on it.

[originalbuckeye]

Sounds like a Justice that Kamala Harris actually could have voted for......one who rules by emotion, not logic or LAW. And IIRC, a gay couple befriended Kennedy and that’s why he voted the way he did......using his emotional attachment to his friends rather than strictly applying the LAW.

[\/\/ayne]

I suspect that nobody can be as judicially stupid as Justice Kennedy in Obergfell without blackmail of some sort. (Democrats are excluded due to starting out judicially stupid or on the blackmail team.) I suspect every important political figure is honey trapped to the nth degree and many fall for it.

It is up to Justice Gorsuch to avoid blackmail and stay true to the Constitution.

In today's world, every important political figure should be given a course or intensive briefing on blackmail and honey trapping before assuming office. There should also be a federal investigative force constantly investigating to see if anyone important is being blackmailed.

[falcon99]

I think you can add John Roberts to the stupid category with his reasoning on Obamacare. The questions is was he just stupid, or blackmailed.

[Lurkinanloomin]

Gorsuch referred to Kennedy as his mentor. I hope this does not foreshadow him being like Kennedy on decisions like this.

[Calusa]

I found and posted this from 2015 back in February when Gorsuch was first nominated:

With three major gay rights opinions to his name already, the 78-year-old Kennedy is the prohibitive favorite to write the Supreme Court decision expected in the next few days that could extend same-sex marriage nationwide. Kennedy’s friendship with Gordon Schaber began in the mid-1960s when Schaber recruited the young lawyer to teach at the McGeorge School of Law in Sacramento. Schaber, who served as the school’s dean for 34 years,

Read more:
https://www.usnews.com/news/politics/articles/2015/06/22/gay-mentor-belief-in-dignity-at-roots-of-kennedys-views

[fwdude]

Leftists are always saying that the three branches of government are ‘co-equal.’ What’s co-equal about one branch having unquestionable veto power over the other two, without recourse?

[fwdude]

...one problem with living under an oligarchy of judges with lifetime appointments is that a different 5 out of 9 Justices can always decide that they want the Constitution to say something else.

Yes, they certainly did that by blowing away the Bowers v. Hardwick decision, on a whim.