Daniel Horowitz knows the answer to his question in his above headline. Unfortunately, ignorance appears to reign supreme these days regarding the simple fact that judicial supremacy is not in the Constitution. Here is Horowitz addressing the current reign of the courts at Conservative Review:
It became quite apparent after the Supreme Court redefined the building block of all civilization in Obergefell and lower courts began redefining sexuality itself, that nothing the courts do would serve as an inflection point — a moment of catharsis — for the Republican legal establishment. They suffer from the Stockholm Syndrome, seeking the love and approval of the judicial supremacists even as they intellectually decry the runaway courts. Now that the courts have unilaterally redefined our national sovereignty and have essentially mandated that we bring in an unlimited number of Islamist refugees, there is still no inspiration to act among the “right-leaning” legal elites.
Conservatives would pine to return to the ‘90s-era jurisprudence, predating the redefinition of marriage and the abrogation of our national sovereignty. Yet, even as far back as 1996, Robert Bork warned that the federal judiciary was already broken beyond repair:
“On the evidence, we must conclude, I think, that this tendency of courts, including the Supreme Court, is the inevitable result of our written Constitution and the power of judicial review. Even in the depths of the Warren Court era some of us thought that the Court’s performance, though profoundly illegitimate, could be brought within the range of the minimally acceptable by logical persuasion or the appointment of more responsible judges, or both. We now know that was an illusion. A Court majority is impervious to arguments about its proper behavior. It seems safe to say that, as our institutional arrangements now stand, the Court can never be made a legitimate element of a basically democratic polity.”
Read more: Conservative Review
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