Tuesday, October 20, 2015

Radical Conservative Activists Call For Rebellion

I really hope that post-apocalyptic Earth will contain better remnants of our society than cockroaches, Twinkies, and symbolic conservative statements in which signees are make a big show of Taking A Stand on the issue du jour.

Via NOM's weekly newsletter (don't ask), I learned that a group of "prominent" legal scholars has signed a declaration calling on citizens and public officials to "resist" the US Supreme Court's marriage ruling.

What a world when predominately-white, male, conservative college professors and "think-tank" folks can call for legal obstruction and rebellion without being widely disparaged as thugs, yeah?

Anyway, this group's chief complaint is nothing new. The ruling will supposedly lead to a host of "evils" BLAH blah BLAH, and that the scholars oh-so-nobly "stand with" Abraham Lincoln and James Madison in believing that constitutional matters should not be decided by 5 judges.

7 years ago, I reviewed Leonard Levy's excellent book Original Intent and the Framer's Constitution. In it, Levy makes a strong case that we should question conservatives' claim that they eschew judicial activism and, unlike liberals, merely discover and apply law.

Judicial review - that is, the power of the Supreme Court to interpret the Constitution and say what the law is - has existed since the very beginning of the Supreme Court, albeit not without controversy.  Indeed, that controversy is why declarations such as these, coming as they do only in instances which coincide with a groups' political leanings, ring so hollow.

Here, I suspect that it's not the Supreme Court's power of judicial review that these conservative folks are opposing, but rather, judicial review in the case of same-sex marriage.

This statement, like so many before it, is the cowardly whinging of privileged folks about an issue that disproportionately affects other people.  Truly taking a stand would be for this group to call for the eradication of judicial review even in cases that they believe have "come out right" for them.

I challenge them to do so, if they have any integrity at all.

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