WSJ: Democracy loses if Prop. 8 is overturned.

[Kasz216]

akuma587 said:

Kasz216 said:

The Ghost of RubangB said:

TheRealMafoo said:

Funny how now things like States Rights, and Constitutions matter to you. When it's to protect something you don't like, those concepts are just outdated.

This is a civil rights issue.  I don't want the state to have the right to tyrannize a minority.  Funny how civil rights and constitutions don't matter to you.  When it's the gays, those concepts are just outdated.

Regardless, it seems more important that the laws stay consistant.  Otherwise it can lead to further breaches of civil rights later.

Like how everyone is afraind more conservative judges on the SC might overturn Roe V Wade.

Why the heck should the Supreme Court be able to overturn a previous decision?

 

I'm definitely against overturning Roe v. Wade, but 5-4 decisions are prime targets for being overrturned, especially if the times have significantly changed.

I'm glad the Supreme Court overturns older decisions its made, otherwise our laws would be a complete mess.  For instance, if the Supreme Court had never overturned Swift v. Tyson, state law would be something that federal courts could flat out ignore.  This is no longer the case after the Erie decision where federal courts HAVE to apply that states law when the state's law is applicable to the case.

 

Couldn't that have been changed via say... actual legislation?

I think letting the courts change the deicsions let politicans off the hook for making important yet unpopular decisions.

Bad politicans are smart people who do dumb things for bribes and reelections.

Why worry about gay rights legislation when we can wait for the courts to do it?  I mean they don't need reelection!

Good polticians seem to be the people who do dumb things simply for reelection now a days.