So now, the Supreme Court is in charge of the nation.
It has scuttled the separation of powers while taking over the prerogatives of Congress and the executive branch. We have an oligarchy unaccountable to the rule of law while answering instead to confused ideologies, the mood of the moment, political snarling, assumed moral superiority and whims dispensing with credible analysis.
As exemplified in two recent decisions, it is scary, truly scary, something that has shown its ugly face off and on for decades and yet seemed to have been cured with two excellent constitutionalists appointed as justices under President Donald Trump.
The threat has nevertheless risen again in two decisions, one contending the Civil Rights Act of 1964 said what it did not say and another saying that President Barack Obama’s order called the Deferred Action for Childhood Arrivals, though illegal, should be granted legal standing.
Concerning the Civil Rights Act, it forbade employment discrimination on the basis of race, color, national origin, religion and sex. And the court decision said that, since it applies to sex, it also applies to sexual orientation and gender identity.
Nope. As a Wall Street Journal editorial wrote, Neil Gorsuch, who wrote the decision, had himself previously written that words in laws should be taken to mean what the ordinary, common meaning was at the time the law was written. And, when the act was written, the word “sex” referred to biological sex, to men and women as determined by their physicality.