October 26, 2006

Why I'm Not a Republican, Cont'd

Here's Hugh Hewitt, one of the right's most popular bloggers, on the New Jersey Supreme Court decision:

The acts of the New Jersey Supreme Court, and before it the highest courts in Massachusetts and Vermont, are mere legalistic, non-violent coups, as disreputable as the Dred Scott decision and Plessy v. Ferguson. The will of a handful of judicial radicals has replaced that of elected representatives of the people in a tiny number of states, and such usurpations are very ominous indeed.
Yes, because allowing people to marry each other is just as bad as slavery and segregation. And he's a law professor? Never mind that the law does not actually legalize gay marriage, but rather kicks the question back to the state legislature. But of course, it still won't stop the GOP from trying to win the election by dangling Those Scary Homos in front of their base.

Good for New Jersey. They don't get a lot right, politics-wise, but this decision was the right one.

Posted by Stephen Silver at October 26, 2006 04:55 PM

No offense, Steve, but have you read the opinion? If not, how can you say it was right? Just because you agree with the result? I've seen a lot of exactly that reaction, and yet here I thought we actually lived in a nation of laws. I support gay marriage, but courts imposing it from above is a disastrous and dishonest way to get there.

FYI, the opinion is available here. I find some of it convincing, some of it very much not, but all of it astoundingly self-assured and self-righteous. It is an ode to judicial supremacy, even as much as it repeatedly states it isn't.

Posted by: Dave J at October 27, 2006 02:25 AM

That said, the dissenting opinions make the majority look like a paragon of judicial restraint, so I guess everything's relative.

Posted by: Dave J at October 27, 2006 02:33 AM
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