http://online.wsj.com/article/SB122757137423754669.html?mod=googlenews_wsj
With regard to the practice of court-imposed laws & activist judges:
First, they act as dishonest referees, imposing one set of preferences over another.
Second, they cheat the American people of an honest political contest, where candidates need to persuade the people of their views to put them into effect. Ed Whelan, a former Justice Department official who now runs the D.C.-based Ethics and Public Policy Center, notes that when moderator Gwen Ifill asked Joe Biden in the vice-presidential debate whether he and Barack Obama support gay marriage, Mr. Biden answered, "No."
"The gay-rights activists know it's not true -- or they would be protesting," says Mr. Whelan. "As supporters of liberal judicial activism, Mr. Obama and Mr. Biden have the luxury of winking as the courts do their work for them. That leaves them free to pretend to public positions they do not actually hold -- and that they will subvert through their judicial appointments."
"[B]y foreclosing all democratic outlet for the deep passions this issue [legalized abortion/gay marriage] arouses, by banishing the issue from the political forum that gives all participants, even the losers, the satisfaction of a fair hearing and an honest fight, by continuing the imposition of a rigid national rule instead of allowing for regional differences, the Court merely prolongs and intensifies the anguish."
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