Overall, how great is the Supreme Court in protecting our rights? On balance, does the Court create more rights than it taketh away? For our part, we concur with the excellent David Post (via The Volokh Conspiracy) that “a Supreme Court that has the power to strike down state laws prohibiting marriage between persons of the same sex is also (and necessarily) a Supreme Court that has the power to, say, strike down state laws allowing marriages between persons of the same sex …” In other words: judicial power is a double-edged sword. A court presumptuous enough to create new rights is also powerful enough to take away our rights.
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