“The truth is, that, even with the most secure tenure of office, during good behavior, the danger is not, that the judges will be too firm in resisting public opinion, and in defence of private rights or public liberties; but, that they will be ready to yield themselves to the passions, and politics, and prejudices of the day.” ~ Joseph Story (U.S. Supreme Court Justice, called the “Father of American Jurisprudence”), 1833, Commentaries on the Constitution
I suppose we can finally abandon any pretense that the judiciary is still a neutral body rendering opinions based on an impartial interpretation of the Constitution as written. Rather, the judiciary, and especially the Supreme Court, has become a supra-legislative oligarchy of nine (or eight, for the time being) which imposes its own version of morality and “social justice” upon the roughly 315 million Americans who are expected to abide by its diktats.
Two recent examples tell us all we need to know in this regard.
First, 7th Circuit Judge Richard Posner a few weeks ago declared his unbridled contempt for the Constitution he is sworn to uphold, stating “I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries — well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century…Let’s not let the dead bury the living.”