June 2014: the Supreme Court hands down its opinion in a controversial case, Burwell v. Hobby Lobby. In a 5-4 vote, the court allows corporations to claim religious exemptions from federal laws. Opponents are angered but accept the court’s decision as the final word on the subject.
June 2015, the Supreme Court hands down its opinion in a controversial case, Obergefell v. Hodges. In a 5-4 vote, the court grants same-sex couples the right to marry in all 50 states. Opponents are angered and do not accept the court’s decision as the final word on the subject. With excessive pouting, they demand an end to the Supreme Court as we know it.
Texas senator Ted Cruz, self-appointed leader of the outraged, convened a Senate Judiciary Committee meeting titled, ‘With Prejudice: Supreme Court Activism and Possible Solutions.’ He spoke gravely with lots of heavy sighs and theatrical turns of phrase: “Much to my great disappointment, this past term, the court crossed a line. Continued its long descent into lawlessness. To a level that I believe demands action. [dramatic pause] The court today is not a body of jurists. It is not a body of judges following the law, but rather it has declared itself, in effect, a super-legislature.” A musical stab would have worked wonderfully here to punctuate his point. He continued in a supremely serious tone: “Five unelected judges declared that the marriage laws of all 50 states were now, somehow, transformed into being unconstitutional … That’s not law. That’s not judging. That’s policy-making.”
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