Kasz216 on 26 November 2008
| akuma587 said: If we didn't allow courts to make unpopular decisions then abortion would still be illegal in most states and schools would have been segregated much longer than they were. Its a stupid argument that it defeats democracy, because one of the reasons the Constitution is there in the first place is to prevent the tyranny of the majority against minorities. That is a fundamentally anti-democratic principle, but pretty much everyone in the country believes in adhering to the Constitution. The Constitution requires us to go against what the people want sometime. That is just how it is. I am not saying that Prop. 8 should be overturned, but this argument is too simplistic. |
Unpopular decisions =/= change already established decisions when no real new facts have changed.
The later becomes less about the law, and more about the judges.
I would argue the courts weren't supposed to re-review cases unless something has changed in the law. You can argue the change in the California constitution, but when there is no change in the actual consitution... when it was already illegal to be biased against sexuality. There is nothing that should change legality.
