Death and Rebirth of the Supreme Court (July 1, 2015)
Last week the U.S. Supreme Court issued two of its most significant rulings ever. One upheld a key provision in Obamacare, and the other redefined marriage for all fifty states.
But they were significant not just because of the result.
In the Obamacare ruling, the Court said that the clear language of the statute didn’t mean what it said, and in the marriage ruling, they found a right that had no language in the Constitution to support it. When the Court can give words whatever meaning it wants to give them, then as Justice Scalia said, nine lawyers on the Court rule us.
Last week we witnessed the death of the Court as a judicial institution and its birth as a full-fledged political body asserting its supremacy over every other governing body, including the very people who created it.
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