Jun 30, 201511:16 AMBlaska's Bring It!
with David Blaska
Small towns and big ideas on a beautiful June weekend
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The Court has legislated … er, ruled
See what we conservatives do? We look on the sunny side. Otherwise, last week was a little tough for our side, except for the investiture of Judge Troupis.
Jim gave a most thoughtful speech on a lesson learned long ago from the chief justice of the Illinois Supreme Court. What was the toughest part of being a judge, with all his immense power over life and property? Not exercising that power. Pulling back, when possible. It’s called judicial restraint.
Image Credit: Tim Donovan
The first disappointment of last week was the 6–3 decision Thursday in King v. Burwell upholding the subsidies in Obamacare. An example of judicial activism? Jim might say that words mean what they say — that the statute specifies only “states” can offer health care subsidies. A judicial conservative does not rewrite legislation.
On the other hand, one could argue that Chief Justice John Roberts exercised restraint. He reasoned that the totality of the legislation vindicated the troublesome clause. Judges should be reticent about overturning legislation enacted by both houses of Congress and signed by the elected president.
Elections do matter.
The more troublesome case, legally and socially, is Obergefell v. Hodges, decided Friday.
How, exactly, is same-sex marriage “a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment,” as Justice Kennedy wrote for the 5–4 majority?
Could Congress and electors in three-fourths of the states in 1868 have contemplated that marriage was anything other than between one man and one woman? This gets to original intent.
Marriage has meant the same thing in every epoch, in every society, “whether Kalahari bushmen, the Carthaginians, and the Aztecs,” as Justice Roberts recounted.
Justice Scalia is right to say, “This is a naked judicial claim to legislative — indeed, super-legislative — power.”
Now, class, give us one good reason why the state should outlaw polygamy, given Friday’s diktat.
Your humble squire is little troubled by the reality of gay marriage; greatly troubled by the way we got here.
As to America’s most vexatious issue, race, which the 14th Amendment most certainly DID address, who raised the Confederate flag? Democrats. Who is taking them down? Republicans like Gov. Nikki Haley of South Carolina, Gov. Nathan Deal of Georgia, Gov. Robert Bentley of Alabama, and House Speaker Philip Gunn of Mississippi.
Give the man some credit, that was a powerful eulogy President Barack Obama gave Friday in Charleston, S.C. to commemorate the black pastor slain by a white supremacist. (Has a president ever sung in public before, as president? Jimmy Carter spoke-sang “Salt Peanuts” to Dizzy Gillespie. Does that count?)
Paging Brandi Grayson and Al Sharpton —Then there is the case of one Najee Harmon, accused of shooting a police detective in Wauwatosa last Thursday. WISN-TV 12 broadcast an interview with a neighbor who insists (and I quote): “He didn't do no wrong. He shot a cop.” That the officer is white and the (alleged) perp black? Not an issue, apparently.
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