DATE: 3/15/2005 09:10:00 AM
Voters, Shmoters - Judge in San Francisco says gay marriage ban approved by voters is unconstitutional. I've been reading "Men in Black" by Mark Levin. I always knew judicial overreach was a problem, but had no idea of its extent before reading this book. While I tend to support a compromise on this issue, I think that the major problem is the radical judiciary. This judge never should have ignored the will of the voters of California.
For years, conservatives have been focusing on the symptoms of this problem - the actual judgments of those who legislate from the bench. At the same time, we've been ignoring the root of the problem - the fact that activist judges were being nominated by the president at the time - William Jefferson Clinton. Now, when we have the chance to nominate judges that will uphold the law, the Senate Republican leadership is capitulating and refusing to take action.
Cases like this should push Republicans to contact their leadership in the Senate and demand movement on the nomination of judges. I don't care how scary the nuclear option is to the leadership - it should be set in motion. A minority of Democrats cannot be allowed to obstruct the president's constitutional power and continue the status quo that presently exists where judges are creating legislation from the bench with no constitutional basis for their rulings.