“We Call Them as we See Them;” How Activist Judges are a Threat to Democracy

In recent Supreme Court confirmation hearings, conservative nominees such as Justice Roberts, Alito, Gorshuch and Kavanaugh would say that a judge’s role is to “call balls and strikes,” meaning they rule on the law, as written, not legislate from the bench or make up a law that does not exist.  In the last week we’ve heard President Trump complain about what he called “Obama judges,” meaning that an activist judge ruled according to his ideology not the law.  As a rule conservative judges rule on the written law; judges appointed by liberal presidents tend to rule, not according to the law, but according to their ideology, not the law as written.

Example number one:  Today,  a Federal judge struck down a Mississipi abortion law, prohibiting abortions after 15 weeks. Click here to read the story.  Here is a prime example of not ruling according to a law on the books.  No, the judge ruled according to his ideology.  To support this point, the judge in this case commented that he thinks that men should not be able to rule on abortion cases.  What?  Is this a judge who follows the law?

Example number two.  In California in November 2008 over seven million Californians voted to keep marriage between a man and a woman.  One judge, overruled seven million voters.  Later, the Supreme Court ruled 5-4 for same sex marriage.  Five unelected men overruled the will of the people.  Now, where did the judges find the law that said marriage can be for same-sex couples?  Is it written anywhere?  No, they ruled according to their ideology, not the law.  The judges ruled for same sex marriage based on the equal protection part of the constitutional.  But how is marriage a right under equal protection?  From time immemorial marriage has been between a man and a woman.  Where is the violation of equal protection?  Again, a ruling based on the culture of the day, not written law.  Now, I agree, you could pass a law allowing same sex marriage, if it was passed by our legislature, but in this case the judges made the law.

Look at any law passed by any state on abortion and you will find that in time a judge will overturn it.  This is law by judges not by a duly elected legislature.  This should trouble any one.  This is why it is so important that President Trump appoint as many conservatives to the bench as possible.  Only then will we have judges that rule on the law not on the culture of the day.  Professor Robert P. George of Princeton University, one of the most respected law scholars in America wrote a book on why marriage should only be between a man and a woman.  The book is called “What is Marriage?”  This is a very scholarly book which gives the philosophical, biological and rational reasons for the case for traditional marriage.  Here is a short description of the book on Amazon.com: Until yesterday, no society had seen marriage as anything other than a conjugal partner­ship: a male-female union. What Is Marriage? identifies and defends the reasons for this historic consensus and shows why redefining civil marriage is unnecessary, unreasonable, and contrary to the common good.

 

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U.S. Catholic Church Punts On First Down

The other night at a Knights of Columbus meeting our chaplain asked if there were any questions after his brief Chaplain’s Report.  One person asked a very good question:  Why does the Church do nothing about apostate Catholic politicians who publicly rebuke the Church on abortion and marriage issues?  I’ve asked this question myself for a long time.  The chaplain, who is my pastor, and one of the best orators that I’ve ever seen, gave a very tortured and circular answer that evaded the question.  This is very typical of the U.S. Church’s position on these issues:  The Church is very timid when it comes to confronting these issues with those who publicly oppose it.  When some bishops come out and speak against those who are for same-sex marriage and abortion, they walk on eggs.    They have the ball, first and ten,  and they punt, to use a football analogy.  This is what perplexes most faithful Catholics.

The problem, I believe, is that the Church has been co-opted by the culture, and intimidated into silence.  In our politically correct culture of our day, you are not allowed to call evil what it is:  evil; if you do they will take your head off.  The Church has fallen victim to this type of intimidation.  Why, you may ask, is this the case?  The culture has many “divisions,” to use a military analogy.  The culture has the big pulpit, the main stream media, Hollywood, the Universities, public education and they have the liberal Catholics who consider, abortion and marriage to be subjective options which they totally approve of.  How do I know this?  I speak to many of my liberal Catholic friends and this is what most will tell you.  Abortion is a “woman’s right to choose,”   and same-sex marriage is now the “in” thing to do; so get on the bandwagon.

A close liberal friend of mine brought me an article the other day, written by a Jesuit priest, Fr. Thomas J. Reese, called “Is there a Political Plan B for the Bishops?.”  Jesuits are notoriously liberal and known to follow their own way, rather than the Church.  The article suggests that the bishops who’ve been outspoken about same-sex marriage and abortion during the election season should go along with what the young people want, namely same-sex marriage and the legality of abortion. Fr. Reese suggest a surrender:  “First, it is clear there is an approaching tsunami of young voters who will eventually make same-sex marriage legal in most states.  The likelihood of stopping this tsunami is very low.”  “If making abortion illegal is an impossible dream in the current political environment, what is plan B? Plan B has to be working with politicians of any stripe, including pro-abortion-rights politicians, in supporting programs that will reduce the number of abortions.”  What?  supporting programs that will reduce the number of abortions?  What might these programs be?  How about making murder legal and just supporting programs that discourage murder?  This is the insanity and the moral collapse of some church leaders.  Heaven help us.