"This was a train wreck for the Obama administration," Toobin said Tuesday. "This law looks like it's going to be struck down. I'm telling you, all of the predictions, including mine, that the justices would not have a problem with this law, were wrong."So points out Maggie Gallagher.
So ... Go through the hard slog of getting a law passed (like, say, Proposition 8 in California) only to have progressives go to court and get it struck down on the grounds it offends some radical new norm no author of our Constitution would recognize.
Since at least 1973, when Roe v. Wade struck down anti-abortion laws in all 50 states, progressive elites have looked on the Supreme Court as their wholly owned subsidiary -- a trump card only they get to play.
The Supreme Court's job, in their view, is to strike down popular laws supporting traditional moral norms -- especially sexual norms -- that progressives would have trouble winning at the ballot box. The discovery and invention of new rights, from abortion to gay marriage, was their turf, their "Get Out of Democracy Free Card."
Or so they thought.
... Now, liberal Democrats are looking straight into the abyss of a world where courts can step in and take away what they fought hard for at the ballot box.
Perhaps they will suddenly develop a little sympathy for the conservative half of the country whose laws and norms they go to court to throw out?
Don't count on it.Read the rest here.