The Supreme Court has released a number of opinions, and it’s been a tough week for conservatives. Most of the focus has been on the big political fights – federal subsidy for state “Obamacare” exchanges was upheld and marriage equity is the law of the land in all fifty states. It was the latter that gave us the most blistering dissent from Justice Scalia:
“A system of government that makes the people subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy,” he wrote in one of the more coherent statements in his dissent.
But another ruling, striking down part of the Federal “Three Strikes” law, illustrates judicial activism even more clearly. All of this begs the question as to where Scalia’s logic was in the “Citizens United” ruling in 2012 that declared corporations to be people, too. There is judicial activism, yes, but it’s more about filling in the gaps left by years of a completely dysfunctional Congress. Someone has to be the adults – even one branch of government has to endure Scalia’s sometimes childish ranting.