The Right Opinion

Our Black-Robed Rulers

By Ben Shapiro · Mar. 29, 2013

The farce that is the Supreme Court of the United States has now taken up a new cause: same-sex marriage. To push that cause, the anti-Constitutional members of the Supreme Court prepared to declare that the federal government cannot define marriage for the purpose of federal benefits under the Defense of Marriage Act (DOMA). This is the same Supreme Court that declared last year that the federal government can force individuals to buy health insurance. To simplify, then: The federal government can't define how federal cash gets spent, but it can define how your cash gets spent.

There is no logical principle that undergirds any of this. Little or no legal argument took place at the Supreme Court this week. Justice Elena Kagan instead made a moral argument, stating that it was unthinkable for anyone to consider homosexuality immoral, and adding that morality could not be the basis for law (which should come as a shock to every major political philosopher for the last several millennia). Justice Anthony Kennedy made the argument that marriage has traditionally been the purview of the states, even though he argued just a decade ago that homosexual sodomy could not be regulated by the states based on tradition.

Apparently, the limits on federal power are no longer enshrined in the Constitution. They're arbitrarily enshrined in the heads of the wise men and women (or “wise Latinas,” in the words of Justice Sonia Sotomayor) who bring the law from on high.

This is the danger of the Supreme Court being tasked with the exclusive interpretation of the Constitution. The Constitutional system originally relied on the people of the United States standing up for their rights and tossing out anyone who violated them. Now, the Constitution relies on a group of people who couldn't care less about it, and who have been granted life terms to impose their wills on the American people. Forget whether you're pro-same-sex marriage or anti-same-sex marriage. It should frighten you that one branch of government has the power to overrule millions of people's basic moral beliefs simply because they think differently.

And these folks think differently. Ensconced in their cushy perches in the Supreme Court building, the justices while away the hours justifying to themselves how their political proclivities fit into the words of the Constitution. They somehow turn nine states enshrining same-sex marriage into a sweeping movement, and somehow turn a sweeping movement into a Constitutional case for action. They pretend that the founders' words were irrelevant with regard to the Constitution, and that only their Magic 8 Balls of wisdom can divine the true meaning of an eminently clear document.

And we obey.

The abdication of Constitutional responsibility to the Supreme Court has created a ground shift in the way our elected leaders think of their responsibilities. In fact, our elected leaders no longer think they have responsibilities at all under the Constitution. They can toss the Constitutional questions to the wise ones in black robes and ignore their own oaths of office. When queried about abortion, they can point to the justices and shout “But Roe v. Wade!” even though the founders would be appalled at that lawless decision. When queried about citizens' rights to choose healthcare, they point at Chief Justice Roberts' empty and asinine Obamacare decision and shout, “But the Supreme Court!”

The Supreme Court's role in our system fundamentally undermines the concept of human nature the founders saw at the root of our system of checks and balances. The justices assume superhuman stature as Deciders of The Right. The founders would have wept at such hubris.



Aaron in Salt Lake City, UT said:

christ Ben - what a pussy!!!! Get your panties out of a bunch over this. Are you afraid that if same sex marriage is legalized by the court then you will have a sudden attraction to men (you probably already do!). WAAA WAAA WAAA the court did not rule my way WAAA - how small of a man are you, Ben?

Friday, March 29, 2013 at 8:50 AM

wjm in Colorado replied:

Aron, your fecal brain matter is showing. It isn't about gay marraige, it is an unelected branch of government imposing their will against the will of the people. Gay marraige has never passed the smell test in an election, even in the crazy state of California, but judicial despots can arbitrarily rule what they want? Take your sodomite loving idiocy and go fornicate with a sheep you traitor.

Friday, March 29, 2013 at 10:58 AM

Rod in USA replied:

Wow. If you are getting your jollies thinking you are irritating us here, "jolly not" because you are not irritating most of us. Actually we sort of **laugh at you ** because you resort to emotion laced tirades clearly aimed to try and taunt critical thinkers. In a way it is sort of pathetic to see your childish posts. I pity you.

Try critical thinking and systems theory on for a change and stop being so intolerant of any opinion that differs from your own leftist "talking points".

Friday, March 29, 2013 at 1:37 PM

rippedchef in sc replied:

why is it homosexuals can't just take civil unions and go away?why do they feel the need to destroy an institution that undergirds the very society they live in?why the need to attack heterosexuals-you do realize without us there are no more homos right-I've yet to hear of a butt baby or a spit child being conceived,perhaps you are the first?I find it impossible to even discuss the matter with a LGBT person,they simply can't seperate emotion from rational thought and refuse to grant to others the same rights they so vehemently defend.they are pathetic and souless,without honor or integrity and the day will come when they are re-paid for their evil

Friday, March 29, 2013 at 4:58 PM

Jim in Western NC replied:

It's never been about civil unions. It's about overturning the institution of marriage. Revolutionaries understand that when you wish to destroy the old order, you must subvert the traditional institutions--family, marriage, education, military, and church--that stand in the way. All are currently under fire, along with the push for open borders, devaluation of the currency, etc., with the radical succeeding. I'm afraid that this struggle is going to turn violent. I just don't want to be too old or frail to contribute. We've probably already lost a large part of the college age generation to socialist indoctrination. Better that the responsibility falls upon us than our future children or grandchildren. Remember, our opposition doesn't operate by conventional "rules" and will say or do anything to win. It's time we see this for what it really is and take off the gloves!

Friday, March 29, 2013 at 9:13 PM

Jim in Western NC replied:

PS- Please excuse the typos.

Friday, March 29, 2013 at 9:14 PM

Cepat2 in Los Angeles CA replied:

Aaron - how very thoughtful of you. Tantrums are unbecoming and embarassing. It's a shame you weren't taught better.

Sunday, March 31, 2013 at 1:21 PM

wjm in Colorado said:

And We Obey.....Not for long TRAITORS. The marxists have gone too far, and they will collapse society, the economy, and when the rioting starts, game on! Bring it traitors, you ignore the millions who are buying up all the precious metals, brass and lead, at your own peril.

Friday, March 29, 2013 at 10:56 AM

mugwumps in Pa replied:

Not in your lifetime. These slugs don't care if they live to see it. Just so they make the world as sorry as their asses.

Friday, March 29, 2013 at 7:43 PM

Abu Nudnik in Toronto said:


This piece is great: "Justice Elena Kagan instead made a moral argument, stating that it was unthinkable for anyone to consider homosexuality immoral, and adding that morality could not be the basis for law...."

Mindbending perversity pure and simple. The very idea of justice is a moral argument.

Friday, March 29, 2013 at 12:55 PM

Tex Horn in Texas said:

The so-called "Supreme" Court is as useless and careless as the rest of this piece-of-crap administration. No thoughts for the majority, or those who believe in the law of the land, our Contitution, but catering continuously to the minority trash and their every whim. Sotomayer? What a effing joke. These type votes belong to the states.

Friday, March 29, 2013 at 3:14 PM

Capt. Call in New Mexico said:

It matters not what Aaron thinks, what you think, or what I even think about this issue. What does matter, is what God says about it. Read Genesis 2:24, and Matthew 19: 6. God's Word is Truth, and is the final judge. (John 17:17).

Friday, March 29, 2013 at 5:35 PM

Jim in Western NC replied:

Capt. - I think that is the line in the sand that's being drawn.

Friday, March 29, 2013 at 9:17 PM

Tod the tool guy in brooklyn ny said:

Read Mark Levin's "Men In Black."

Saturday, March 30, 2013 at 6:52 AM