Thursday, December 31, 2015

Modern Courts and Ignorance of the Rule of Law

This coming year, the Supreme Court will take on some major cases dealing with abortion, affirmative action, the contraceptive mandate in Obamacare, and Obama's attempt to circumvent Congress on immigration law.

As we have seen with other cases from the Supreme Court, the Court is no stranger to legislating from the bench in order to promote leftist ideology. In Roe v. Wade, the court contrived a federal "right" to abortion. In Obergefell v. Hodges, the court stepped on state constitutions to invent a "right" to same sex marriage. In King v. Burwell, the court upheld Obama's "right" to change the law concerning Obamacare willy-nilly.

Since today's Supreme Court leans to the left on social issues, we can assume that the decisions this coming year will maintain the progressive status quo which will once again ignore the plain meaning of the US Constitution, step on the rights of all citizens, and ignore the rule of law.

In order to ignore the rule of law, progressive ideology preaches the doctrine of "social justice," yet never clearly defines what constitutes justice. Instead, it names some vague ideals surrounding the term "equality." Progressive "equality" is another vague term which changes almost daily with the liberal cause du jour.

While progressives may logically argue their case for their ill-defined social justice, they do so by resorting to false premises which ignore the rule of law and threaten to destabilize the entire country.

I am reminded of a quote by the English Judge William Blackstone:
The liberty of considering all cases in an equitable light must not be indulged too far, lest thereby we destroy all law, and leave the decision of every question entirely in the breast of the judge. And law, without equity, tho’ hard and disagreeable, is much more desirable for the public good, than equity without law; which would make every judge a legislator, and introduce most infinite confusion; as there would be almost as many rules of action laid down in our courts, as there are differences of capacity and sentiment in the human mind.
As we approach the national elections in 2016, remember that one of the responsibilities of the President of the United States is to nominate federal judges. Electing a president who will recommend justices who further the progressive deconstruction of the United States will have far reaching effects toward supporting or destroying the rule of law.