I’m with Mark Levin (who offered a withering critique last night), Ed Whelan, and the editors (among others who’ve weighed in). Note that all these cases in which judges, bit by bit, dictate their designer society can be spun as questions of liberty. In Casey, the Supreme Court told us (in what Justice Scalia aptly mocked as the sweet-mystery-of-life passage): “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” If that’s the “rationale” they are applying, is there anything the judges can’t impose on us if they put their minds to it?
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About the Author
Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.
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