December 04, 2003

Ann Coulter: Wimp

Hat tip: Real Clear Politics

Ann Coulter's all fire and brimstone about gay marriage (surprise, surprise). The problem is her solution. It's limp, as wimpy as the spines of those Republican judicial appointees who uphold Roe. She suggests that "The Massachusetts legislature ought to ignore the court's frivolous ruling and cut the justices' salaries if they try it again". That's no way to run a railroad and is unlikely to find a majority in any legislature in the nation. It's an example of the classic wimp tactic of sounding strong on an issue when you know that nobody will ever go for it.

Here's a solution that might actually work. Create a procedure that lets the legislature (or sufficient petition signatures) simply state that such a decision is legislating from the bench. Such a determination would immediately trigger a stay on the decision and a two part referendum at the next election. The first part would either ratify or annul the decision as inappropriate for the judicial branch to decide. The second section would be a recall ballot for every vote on the majority (for multi-judge panels) or the judge writing the decision.

This would be tough, fair, and be a legitimate piece of constitutional law that will defang the horrible tendency for judges to legislate from the bench and provide discipline for judges who refuse to recognize that they are not a black robed legislature. It would also have bipartisan support as left wingers will realize that the rising tide of the Republican party is likely to eventually put the judiciary in Republican hands and will serve to protect them from future activist judges on the right.

Posted by TMLutas at December 4, 2003 02:18 PM