SCOTUS, Marriage, and "Raw Judicial Power"
SCOTUS, Marriage, and "Raw Judicial Power"
By Bill Muehlenberg
CULTURE WATCH
http://www.billmuehlenberg.com/2013/06/27/scotus-marriage-and-raw-judicial-power/
June 27, 2013
Forty years ago the Supreme Court of the United States engaged in "an exercise in raw judicial power" as dissenting Justice Byron White put it in regards to the abortion decision, Roe v Wade. Yesterday SCOTUS basically did the same when it comes to marriage. SCOTUS is really a law unto itself: instead of carefully interpreting the law it is now radically re-interpreting and creating the law.
And as dissenting Justice Antonin Scalia rightly said, it never should have been involved in this issue in the first place. But it has, looking at two issues about marriage: DOMA (the Defence of Marriage Act) and Prop 8 (California's Proposition 8 ruling on marriage). The outcome? Said Scalia, "This case is about power ... it is about the power of our people to govern themselves, and the power of this court to pronounce the law."
Read the full story at www.VirtueOnline.org
By Bill Muehlenberg
CULTURE WATCH
http://www.billmuehlenberg.com/2013/06/27/scotus-marriage-and-raw-judicial-power/
June 27, 2013
Forty years ago the Supreme Court of the United States engaged in "an exercise in raw judicial power" as dissenting Justice Byron White put it in regards to the abortion decision, Roe v Wade. Yesterday SCOTUS basically did the same when it comes to marriage. SCOTUS is really a law unto itself: instead of carefully interpreting the law it is now radically re-interpreting and creating the law.
And as dissenting Justice Antonin Scalia rightly said, it never should have been involved in this issue in the first place. But it has, looking at two issues about marriage: DOMA (the Defence of Marriage Act) and Prop 8 (California's Proposition 8 ruling on marriage). The outcome? Said Scalia, "This case is about power ... it is about the power of our people to govern themselves, and the power of this court to pronounce the law."
Read the full story at www.VirtueOnline.org
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