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.