Many times have I been accused of racism, religious fundamentalism, or homophobia by the authoritarian left because I believe that states, not an activist judiciary, have the authority to handle all matters not specified in the US Constitution, consistent with the 10th Amendment. It strikes me deep, because I despise racism, I’m Episcopalian/Greek Orthodox and therefore incapable of fundamentalism, and I have no problem with gay people. I just believe in the rule of law, and don’t think a panel of 9 judges are the solution to every problem we face. I have cautioned the left many times that if they continue supporting the concentration of power to support their short term goals, that power can just as easily be used against them…and so it has!
I am just tickled to death that the US Supreme Court has recently struck down a Massachusetts law which forbade pro-life activists from protesting within 35 feet of an abortion clinic. The court, in their infinite wisdom, decided that this violates “free speech”, even though pro-lifers are perfectly free to voice their opinions anywhere else, just not right on the spot where people are seeking abortions. Now, if I were a judge, I would have upheld the law, even though I’m pro-life. Why? Because it does not violate free speech, it simply forbids protesting that can easily be intimidating in a particular spot where it would be, indeed, the most intimidating. You see, I don’t believe that the Supreme Court is the place to push my social agenda, and as much as I despise abortion and the whole pro-choice movement, I fail to see how Massachusetts was in violation of the “free speech” clause of the 1st amendment. Yet, though I disagree with the ruling, I can’t help but have a good laugh at the authoritarian left as they get a taste of their own medicine. So how do you like that judicial activism now? Maybe the states’ rights position isn’t sounding so bad anymore is it? I’d love to hear one of them actually start arguing the states’ rights position now.
The above link is simply the article I last read before writing this, I’m not criticizing “The Nation” magazine or this article