...In one of his more forceful indictments, Roberts accuses the majority justices of complete disdain for the Constitution and a willful act of legislative hubris:
The majority’s decision is an act of will, not legal judgment. The right it announces has no basis in the Constitution or this Court’s precedent. The majority expressly disclaims judicial “caution” and omits even a pretense of humility, openly relying on its desire to remake society according to its own “new insight” into the “nature of injustice.”
In doing so, Roberts contends, the majority justices have usurped the role of legislators and ultimately of the people themselves:
The majority today neglects that restrained conception of the judicial role. It seizes for itself a question the Constitution leaves to the people, at a time when the people are engaged in a vibrant debate on that question. And it answers that question based not on neutral principles of constitutional law, but on its own “understanding of what freedom is and must become.”
Friday’s decision may well be a victory for same-sex couples, Roberts asserts, but it is decidedly a defeat for the US Constitution and for the rule of law.
http://www.breitbart.com/big-govern...issents-promise-to-keep-marriage-debate-open/
The majority’s decision is an act of will, not legal judgment. The right it announces has no basis in the Constitution or this Court’s precedent. The majority expressly disclaims judicial “caution” and omits even a pretense of humility, openly relying on its desire to remake society according to its own “new insight” into the “nature of injustice.”
In doing so, Roberts contends, the majority justices have usurped the role of legislators and ultimately of the people themselves:
The majority today neglects that restrained conception of the judicial role. It seizes for itself a question the Constitution leaves to the people, at a time when the people are engaged in a vibrant debate on that question. And it answers that question based not on neutral principles of constitutional law, but on its own “understanding of what freedom is and must become.”
Friday’s decision may well be a victory for same-sex couples, Roberts asserts, but it is decidedly a defeat for the US Constitution and for the rule of law.
http://www.breitbart.com/big-govern...issents-promise-to-keep-marriage-debate-open/