On judicial usurpation

By Phil Lawler ( bio - articles - email ) | Nov 24, 2003

The flagrantly anti-democratic approach to gay "marriage" in Massachusetts recalls an important in-house debate among American conservatives, several years ago.

It all began when First Things put together a symposium on "judicial usurpation of politics," and asked a group of very perceptive writers whether the unchecked activism of a few unelected judges could actually undermine the legitimacy of the American government. Some conservatives said Yes. Others were angry that First Things even raised the question.

Now, with 4 unelected judges in Massachusetts having unilaterally changed the definition of marriage, we're once again confronted with the question: At what point does this judicial activism become a crisis for the American regime?

That old debate is worth re-reading. And our friends at Spence Publishing have published the whole controversy in paperback book form, now available for the laughably low price of $7.17.