Eagle Forum Legislative Alerts

Wednesday, June 24, 2015

What is Judicial Supremacy?

Judicial supremacy is when the judges grab power to elevate themselves above the other branches of government. In other words, judicial supremacists are people who think judges are supreme in our system of government, despite how our Founders created three co-equal branches of government and said that the judiciary is the “least dangerous” branch. Yet judicial supremacists think that judges can make law, not merely enforce it.

When John Roberts was going through his confirmation hearings a decade ago for Chief Justice, he testified that: “Judges and justices are servants of the law, not the other way around. Judges are like umpires. Umpires don’t make the rules; they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules. But it is a limited role.” Yet liberals are demanding that the Court “make the rules” by redefining marriage in a way that our Founders never expected. People do not go to ballgames to watch the umpires, but liberals are demanding that courts fundamentally transform our culture.

Unfortunately, at the oral argument in the Marriage cases, Chief Justice Roberts suggested that it might somehow be sex discrimination for a State to limit marriage to only one man and one woman, even though no nation in world history ever allowed same-sex marriage prior to the year 2001. Traditional marriage does not discriminate against anyone based on gender. Men and women have completely equal rights with respect to marriage. A true umpire does not redefine the rules of the game.

Fortunately the Chief Justice of the Alabama Supreme Court, Roy Moore, is not a judicial supremacist, and neither are most of his colleagues on the Alabama Supreme Court. They properly rejected the view that one unelected federal district court judge can redefine marriage for the entire State of Alabama.

Listen to the radio commentary here:

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