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Roe v. Wade, which invalidated state laws banning abortion around the country, is the consummate act of liberal judicial activism.
Roe is mistaken constitutional law not just because it invalidated state laws on the subject but because it is contrary to what is described as a self-evident truth in the Declaration of Independence, namely, that we have an unalienable right to life from our creator.
These included one dissent that would have invalidated state restrictions on soliciting campaign contributions by state judges, and another that would have reversed a decision protecting vulnerable seniors from mandatory arbitration rules by nursing homes.
In the 1967 case of Loving v. Virginia the High Court invalidated state bans on inter-racial marriage and ruled that governmental distinctions based on race could only be upheld for compelling reasons.
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This tendency was most apparent in Stromberg v. California and Near v. Minnesota (both 1931), in which the court invalidated state-led attempts to restrict the First Amendment rights of speech and the press.
You observe that states have traditionally written their own marriage laws, then note that the Supreme Court invalidated states' antimiscegenation laws across the nation.
They also made the financial suffering worse by invalidating state fair-lending laws that might have shielded millions of people.
Federal regulators may even have accelerated the mortgage crisis by invalidating state laws that would have protected people from misleading and predatory lending practices.
As in decisions invalidating state sodomy laws and barring the death penalty for minors and the mentally disabled, Justice Kennedy's rulings often bolster dominant national norms and suppress dissident state practices.
When Katie Couric asked her in a recent interview whether "the court would be ready to invalidate state bans on same-sex marriage" she said this:I won't make predictions.
Even if we want to preserve judicial review of national legislation, something Justice Oliver Wendell Holmes Jr. believed could be dispensed with, perhaps we should emulate North Dakota or Nebraska, which require supermajorities of their court to invalidate state legislation.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com