In 1964, a law was passed called "The Civil Rights Act". In this law was a provision (Title VII) prohibiting discrimination (of women) on the basis of "sex". This precept was about affording women rights equal to that of men.
What the SCOTUS did is create new legislation, something that only the Legislative branch of our government has the authority to do. If the Supreme court followed textualism, strictly adhering to what the text of Title VII actually said, as they should do, then there is no way they would have interpreted this law as speaking of anything except a man and a woman's biological sex.
(https://www.hrc.org/resources/the-equality-act)
The separation of powers has been dealt a devastating blow as the Judiciary usurped the authority of the Legislative branch of our government by a 6-3 vote. This is particularly disturbing because the members of the Legislature are in place as representatives of the people. The people have a direct affect on what laws are created through legislative representation (Congress and the House). The Judiciary is appointed for life. They do not represent the people, as all they are to do is render opinions regarding the law. When such a small group of 9 justices usurps the Legislative branch, and moves from rending opinions to changing the law, the people are no longer represented in the creation of law, and this opens the door to Tyranny. This is a disturbing development on the part of the Supreme Court of the United States.
But This Is Nothing New
We have been watching for the last 3 months as the Executive branch of our government has been raiding the Legislative branch as well.
During the Covid-19 pandemic, we have seen wave after wave of governors, mayors, and local authorities (Executive branch) issue "executive orders" which in effect have created "laws" governing the wearing of masks, social distancing, closing of businesses, and so on.
While "emergency powers" should be available for crisis, the last three months has been a sufficient length of time to overcome "emergency" status and return law making to the Legislature, where it belongs, but that has not happened. Governors and local governments are continuing to govern by "executive order" and excluding the Legislative branch.
The blurring of the lines of separation of powers in American government should be extremely disturbing for every American. When the highest court in the land starts engaging in this behavior, something is seriously wrong. Tyranny happens when a small unelected and unaccountable group gets the power to create the laws. Our system of three branches of government was specifically set up to ensure that the creation of law was based on representation. If this trend continues, and the Supreme Court's participation in this is ominous, we will loose the ability to govern ourselves through a representative form of government.
https://www.conservativereview.com/…/horowitz-scotus-decis…/
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