01 July 2015

Supreme Court Are Lawyers

They're all lawyers, that's why they can't see the simple texts in front of them.

Row v Wade:

No power to do anything whatsoever in the text of the Constitution, Feds forbidden further by 9th and 10th.  States constrained by 14th.

No need of emanations or penumbras.

Gay Marriage:

Marriage is a religious ceremony.  1st Amendment means no Federal involvement, 14th means no states.  This also means that if the local Catholic priest won't tie your knot you've got no recourse.  It also means that there's no hard legal means to settle divorces, unless churches mandate the signing of a civil union as a condition of using their religious ritual.


See gay marriage.

None of this is actually complicated, but just like simple laws become regulatory morass, stare decisis prevents simple rulings.

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