Tag Archives: Justice Clarence Thomas

In Obergefell, Did SCOTUS Create Non-Existent Constitutional Liberties?

Additionally, Chief Justice John Roberts makes the point in his dissent that “this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise ‘neither force nor will but merely judgment.’” Continue reading

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