The following comes from a May 29 Mercator article by William J. Olson and Herbert W. Titus:
On April 28, 2015, nine unelected lawyers drawn from three elite law schools (Harvard, Yale, and Columbia) listened to 90-minutes of oral argument about same-sex marriage and then retreated behind a wall of red velvet drapes to confer secretly about whether the U.S. Constitution requires that the U.S. Supreme Court impose same-sex marriage on the entire nation.
Consider for a moment the process by which that decision will be reached. When the Court decided to hear the Obergefell consolidated cases from the Sixth Circuit, that decision was reached in secret. The Justices consult only with their colleagues and their law clerks, also drawn from elite law schools. When a decision in the case is issued, presumably before the end of the current term toward the end of June, the Court will address only those issues argued by parties and the amici curiae that it cares to address. Its opinion will contain only those reasons for its decision that the Court chooses to reveal. The majority decision may be agreed to by as few as five of these nine justices unaccountable to no one but themselves. And then, the Court will expect the American people to set aside their individual and collective judgment and passively abide by whatever decision is reached — based on a doctrine no where found in the U.S. Constitution — “judicial supremacy.”
Although the Supreme Court’s only constitutional responsibility is to resolve “cases” and “controversies” brought before it, the High Court often acts as if it has been entrusted with the raw power to decide for us the most important public policy issues facing the nation. While the Court would have us believe that those decisions are mandated by faithful adherence to the constitutional text, the truth lies elsewhere. In his autobiography, Justice William O. Douglas provided a glimpse behind the curtain as to how the Supreme Court really works. In his autobiography, he explained that Chief Justice Charles Evans Hughes had once explained to him: “[a]t the constitutional level where we work, ninety percent of any decision is emotional. The rational part of us supplies the reasons for supporting our predilections.”
Although the judicial trend to embrace “homosexual rights” is undeniable, we certainly have not given up hope about the Court’s decision. In fact, it is our belief that the case for same-sex marriage is so pathetically weak, that the Court may understand that it would suffer a crippling embarrassment once the People come to really understand that in no way does the U.S. Constitution command same-sex marriage.
But our role now, while hoping for the best, is to prepare for the worst — and that worst could be terrible indeed. Part of our last Supreme Court brief was published by The American Vision under the name “12 Reasons homosexual marriage will wreck the nation.” If you need additional reasons to give your concentrated attention to this issue in the coming days, you will find those reasons in that article.
The American people need to use the short days remaining before that momentous decision is reached to determine how to respond to an adverse decision. Will they yield to a U.S. Supreme Court that claims the power to override state constitutional and statutory provisions governing domestic relations — an area of law which has historically belonged exclusively to the states. Will they sit back while unelected judges decide for them one of the most important public policy issues of our lifetime? Or will they resist — and, if so, what tools do are available to stand against this judicial tyranny?