Can the SCOTUS actually create new law?

[BillBrown]

@Marv

I understand that risk, but I’ve never heard a convincing way it should be applied that doesn’t require recognizing that some rights exist outside of the written text.

I agree with that. Some do. We have to look somewhere else to deduce which ones do.

[WuWei]

To kill something?

[WuWei]

@gooddad409

I “apologize” for thinking you were one of the good guys.

He definitely is.

[Bill.in.PA]

If you asked people in the 1950’s about the probability that the Supreme Court would rule that same-sex marriage is a constitutional right, they would have thought you were totally crazy to even speculate about such an absurdity.

In the 1970s, Phyllis Schlafly was ridiculed a fear-monger when she suggested that the Equal Rights Amendment would result in court- enforced same-sex marriage during her successful campaign to defeat of the amendment. In spite of the ratification defeat, the court effectively adopted ERA by fiat, and proved Schlafly’s concerns to be correct.

There is no real limit to what the court can do.