The left in panic mode after Kennedy retirement from Supreme Court

Ben Shapiro:
Democrats are in a state of sheer panic.

They’re panicking because last week, Justice Anthony Kennedy — a reliable vote in favor of certain leftist priorities including abortion and same-sex marriage — announced that he will step down from the Supreme Court, leaving President Trump a second selection. This apparently will lead to the end of a free America. According to Jeffrey Toobinof CNN, the remade Supreme Court will spell doom: “Abortion illegal; doctors prosecuted; gay people barred from restaurants, hotels, stores; African-Americans out of elite schools; gun control banned in 50 states; the end of regulatory state.”

None of this is true, of course. It simply demonstrates the wild overreach to which the left has subjected the judicial branch to date.

The judicial branch was never meant to act as a superlegislature, using the verbiage of the Constitution in order to implement preferred policy prescriptions. In Federalist No. 78, Alexander Hamilton expressed the idea well: “The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body.” Substituting will for judgment would make the case for utterly dissolving the judicial branch.

Yet according to the Democrats, the Supreme Court should exercise will instead of judgment. The role of the court, according to Justice Sonia Sotomayor, is to help expedite change in our society: “Our society would be strait-jacketed were not the courts, with the able assistance of the lawyers, constantly overhauling the law and adapting it to the realities of ever-changing social, industrial and political conditions.” Justice Elena Kagan believes the same thing, which is why she constantly describes the Constitution as “abstract,” leaving her room to interpret it as poetry rather than statute.

This is why Democrats celebrate obviously superlegal decisions like Roe v. Wade: There is no right to abortion in the Constitution, but they would prefer not to battle that issue out at the electoral level. The Supreme Court allows them to hand down their policy from the mountaintop without having to subject those policies to public scrutiny.
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Democrats see the Supreme Court as a means to imposing their will on the people without having to go through the messy process of getting legislative approval.  They are constantly seeking ways to do that to advance their unpopular attempts to change the culture of the US.  The real constitution leaves certain matters to the state legislatures such as criminal and civil codes.  If Roe v. Wade is overturned abortion will likely still be legal in blue states, but there will be a political price to pay for those who support it.  Regardless of whether one supports a "right" to an abortion. the legal reasoning in Roe is an abomination.  Who knows what lurks in the "emanations from the penumbra"?

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