Friday, June 19

Court to Nation: We Write the Laws Now! *bump*

Remarkably, conservative legal scholars Neil Gorsuch and John Roberts were in the majority today in ruling that no legislature needs pass a law to protect workers discriminated against because of sexual preference, orientation, or identity.
This is a remarkable overreach, with the judicial branch of the American government trinity effectively usurping the huge, law-making power of the legislature. Just... wow!

Blacks and women struggled for years in America to gain "equal rights" and only the passing of the 1964 Civil Rights Act, after the assassinations of President Kennedy and civil-rights worker Malcolm X, guaranteed them those rights, which blacks and women have also struggled to enforce at their workplaces, often requiring costly legal help.

Here, the Court effectively grandfathers gays and transgenders in with the women and blacks, declaring from Above, that the 1964 law says workers cannot be discriminated against based on their sexual preferences or identities.

Amazing! The legal conservatives* are telling people to effectively come to the Court, and bypass the need to pass legislation by representatives of the American people.
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* Except, it turns out, they are not legal conservatives after all, but social-justice warriors wearing legal-conservative's robes...

This is just an amazing ruling. It upends the checks and balances of power between the branches, and rewrites the rules of the Constitution, effectively.

I suspect, like Bowers v. Hardwick, 478 U.S. 186 (1986) was overruled by Lawrence v. Texas, 539 U.S. 558 (2003), this newest ruling will be overruled in less than 20 years in subsequent court cases once more characters are added to the cast by presidents elected by conservative voters.

What a horrible time for our legal elites to overreach, essentially telling American citizens they have no say in the important social issues of our day, that we can avoid discussion and informed debate by "grandfathering" in a new social cause today under legislation from more than 50 years ago that clearly never anticipated or addressed these social problems. Shame on the Court for overstepping here, and trying to usurp the power of the Legislature.

I suspect this ruling will come back to haunt them, because Americans want to be involved in our rule-making, the enforcement of those rules, and protecting citizens rights on the local levels as the fact patterns dictate. By taking away their voice, the Court has effectively tried to silence Americans on an important social issue -- like they once did abortion. How well did that work out, the Court deciding it was their role to determine social and moral issues from above?

In the end, I suspect the Court here has only succeeded in making the Executive Branch even stronger in coming years...

These special worker protections for gays and transgenders are not a gift that was ever the Court's to give, simply put. Shame on the Court for trying to pull an end-around local decision-making and airing of diverse voices who simply believe science should be more valued than feelings and emotions in hot-button times of fear and hate.