JUDICIAL BAD FAITH
A state court recently flew in the face of the US Supreme Court by saying, yes you can discriminate against Gay people in criminal statutes. This kind of judicial political bad faith activism is perfectly legal in the Anarchic Republic of the United States of America.
Last summer the Supremes conceded you can’t prosecute Gays for it if you don’t prosecute Straights for it, and threw out Texas’ “sodomy” law. Last week some peon State judge said yes you can. He probably hopes the new case will get a more conservative Supreme Court by the time it gets to that level.
That’s not a judge’s job in the English-speaking world! That’s what appeals are for if one of the parties to a case feels slighted. Judges aren’t supposed to take sides in political issues, just make their rulings according to law.
Then again, maybe he IS following the example of this Supreme Court, though not in the Texas sodomy case, but in Bush v. Gore, when they ruled as they liked without regard for the law or the Constitution, voting Republican on the Bench just as they had a month earlier in their voting booths.
The edifice is crumbling….