"[I]f the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased, to be their own rulers, having, to that extent, practically resigned their government, into the hands of that eminent tribunal.’ May that not be the case in our nation.”

-- Abraham Lincoln
"The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our constitution from a co-ordination of a general and special government to a general and supreme one alone."

--Thomas Jefferson, letter to Thomas Ritchie, 1820

American Spectator


Well, this is helpful. A clutch of Republican elites have run to the Supreme Court demanding the judiciary shut off debate on gay marriage.

The story has predictably been front page news at the New York Times and in the world of the liberal media, the Times leading with this:
More than two dozen Republicans — including a top adviser to Mitt Romney, the 2012 Republican presidential nominee, and a former congresswoman who made banning same-sex marriage her signature issue — have added their names to a legal brief urging the Supreme Court to declare that gay couples have a constitutional right to wed.

The brief comes as the White House is considering whether to weigh in on the same-sex marriage case; at this point, the Republicans who signed the document are taking a more expansive stance than [Alleged] President Obama, who favors same-sex marriage but has said he would leave it to the states, as opposed to making it a constitutional right.

The list of Republicans on the brief now tallies more 100, organizers say. It now includes Beth Myers, who ran Mr. Romney’s 2008 campaign and was a senior adviser to him in 2012, and Marilyn Musgrave, a retired Colorado congresswoman who was once rated the most conservative member of the House by the American Conservative Union.

Ms. Musgrave, who lost her bid for a fourth term in 2008, was an unsuccessful sponsor of a constitutional amendment to bar same-sex couples from marrying; she once warned that if gay couples were allowed to wed, “the next step is polygamy or group marriage.”

The brief, organized by Ken Mehlman, a former chairman of the Republican National Committee who is gay, will be filed on Thursday as a friend-of-the-court, or amicus, brief to a lawsuit that seeks to overturn Proposition 8, a California ballot initiative that bars same-sex marriage, and all similar bans.
Some of the signatories’ names are published here at the Blaze. The group — including names such as Ted Olson (the Bush 43 Solicitor General), Meg Whitman (the last GOP nominee for Governor of California), Representatives Ileana Ros-Lehtinen of Florida and Richard Hanna of New York, ex-Bush-appointed RNC chairman (and 2004 Bush campaign manager) Ken Mehlman, Bush national security adviser Stephen J. Hadley, Bush commerce secretary Carlos Guitierrez, Bush deputy attorney general James B. Comey and Reagan budget director David Stockman — has decided to force gay marriage on the American people without their consent.

Effectively making of this case a gay Roe v. Wade.

They are asking the Court to force an elitist world view on a nation in which thirty states have chosen by state constitutional amendment, referendum or legislation — this is called “consent of the governed” — to support marriage between a man and a woman.

Read this story at spectator.org ...
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_The Witherspoon Institute - Public Discourse

Joel Alicea

Those who oppose judicial supremacy follow in the footsteps of Abraham Lincoln himself.

Newt Gingrich’s statements about the judiciary during the December 15, 2011, GOP debate and on Bob Schieffer’s Face the Nation the following weekend ignited a firestorm over his view of American constitutionalism that has been smoldering in the media for several months now. His challenge to judicial supremacy—the idea that the Supreme Court has the last word on the meaning of the Constitution—has been much condemned, particularly because Gingrich’s argument also criticizes the declaration of judicial supremacy in the Court’s 1958 desegregation decision, Cooper v. Aaron. Ian Millhiser of Think Progress was quick to accuse the former Speaker of siding with the white supremacists of the 1950s when Gingrich first released his position paper on the judiciary in October.

Although the media’s breathless denunciations suggest otherwise, Gingrich is not the first public figure to challenge the Cooper Court’s assertion of its supremacy over constitutional interpretation. Attorney General Edwin Meese did the same in a 1986 lecture at Tulane University. Meese’s address elicited a similarly angry response from the press, especially from columnist Anthony Lewis, who made Cooper the centerpiece of his appraisal of Meese’s speech. As was the case in 1986, the debate over Cooper in the past few months has been confused, epitomized by the New York Times’ recent suggestion that Gingrich’s critique of Cooper has “disturbing racial undertones.” The Times and others misunderstand the history and law of that famous case. Those who argue that the Supreme Court is not the ultimate arbiter of the Constitution’s meaning need not deny the fact that Cooper was rightly decided; they can and do celebrate the courage of that opinion.

Cooper v. Aaron came to the Supreme Court under extraordinary circumstances, the drama of which is matched by...

Read this important article at thepublicdiscourse.com ...