What with end of the month deadlines and temple activities, I haven’t been able to spend as much time writing about this week’s events as I’d have liked. And by all accounts the President’s eulogy for the Rev. Clementa Pinckney was amazing, and I haven’t had time to see it.
The reaction of the Right to the week’s events is predictably unhinged. However, it appears none were more unhinged than that of Don Antonin Scalia, in his dissenting opinion. According to Josh Marshall,
For all the blaze of history and march of freedom this week, no doubt for me the highlight was Justice Scalia’s invoking John C. Calhoun’s “concurrent majority” theory on behalf of denying marriage equality to gay men and women.
I’ll have to read the opinion to see if this was implied or explicit. Right now it’s damn early in the morning for insightful analysis, but basically Calhoun’s “concurrent majority” was the theory that sanctified the Nullification Crisis back in Andrew Jackson’s administration. It’s basically a way for minorities to force their will on elected majorities.
Today, in his dissent from the opinion establishing marriage equality across the land, Short Time really outdid himself.
Not surprisingly then, the Federal Judiciary is hardly a cross-section of America. Take, for example, this Court, which consists of only nine men and women, all of them successful lawyers who studied at Harvard or Yale Law School. Four of the nine are natives of New York City. Eight of them grew up in east- and west-coast States. Only one hails from the vast expanse in-between. Not a single Southwesterner or even, to tell the truth, a genuine Westerner (California does not count).
They’d have voted his way if he were Randolph Scott.
What else have you heard today?
Update: More hilarity.
At Politico, Fredrik DeBoer informs us that The Left is already planning its next move, which is to legitimize polygamy. ” …the marriage equality movement has been curiously hostile to polygamy, and for a particularly unsatisfying reason: short-term political need,” he writes. Yeah, that’s got to be the only reason The Left is curiously hostile to polygamy, because you know we gravitate to stuff like that like ants to a sandwich.
The time has come, therefore, to recognize that the problem lies not with the lawless rulings of individual lawless justices, but with the lawlessness of the Court itself. The decisions that have deformed our constitutional order and have debased our culture are but symptoms of the disease of liberal judicial activism that has infected our judiciary. A remedy is needed that will restore health to the sick man in our constitutional system.
Rendering the justices directly accountable to the people would provide such a remedy. Twenty states have now adopted some form of judicial retention elections, and the experience of these states demonstrates that giving the people the regular, periodic power to pass judgment on the judgments of their judges strikes a proper balance between judicial independence and judicial accountability. It also restores respect for the rule of law to courts that have systematically imposed their personal moral values in the guise of constitutional rulings.
In other words, we’ll make sure we can keep ‘em on a leash with a little political demagoguery.
Ron Dreher: This is a sign that democracy is dying.
It’s the summer of 2015, and the left is on the march. Or perhaps one should say—since the left presumably dislikes the militarist connotations of the term “march”—that the left is swarming. And in its mindless swarming and mob-like frenzy, nearly every hideous aspect of contemporary leftism is on display.
Oh, you ain’t seen nothin’ yet, Bill.