Democrats are in a state of sheer panic.
They’re panicking because last week, Justice Anthony Kennedy — a reliable vote in favor of certain leftist priorities including abortion and same-sex marriage — announced that he will step down from the Supreme Court, leaving President Trump a second selection.
This apparently will lead to the end of a free America. According to Jeffrey Toobin of CNN, the remade Supreme Court will spell doom: “Abortion illegal; doctors prosecuted; gay people barred from restaurants, hotels, stores; African-Americans out of elite schools; gun control banned in 50 states; the end of regulatory state.”
None of this is true, of course. It simply demonstrates the wild overreach to which the left has subjected the judicial branch to date.
The judicial branch was never meant to act as a superlegislature, using the verbiage of the Constitution in order to implement preferred policy prescriptions. In Federalist No. 78, Alexander Hamilton expressed the idea well: “The courts
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