Protect and Defend the Constitution From Enemies, Foreign and Domestic
Writing prior to the past presidential election that the selection of the Associate Justice of the Supreme Court to replace Justice Scalia was among the most important issues of the election, that assertion is now validated, again and again. America is under attack from enemies, foreign and domestic, on battlefields in our homeland and around the world. Under the guise of tolerance and political correctness, aided by the treasonous false propaganda of a media corrupted by the lies and deceptions emanating from educators not accountable to any standard of truth or justice; these traitors attack the ideological foundation of freedom and justice for all.
Most egregious is the fact that those robed in black, bound by their oath of office, knowingly and willfully continue to violate that oath. It is now long past the time for Congress to uphold its oath of office and remove these judicial tyrants from the bar of justice.
April 05, 2017
If Congress won’t rewrite the law, liberals will find a court who will! That’s been the M.O. of the Left for decades: packing the bench with wannabe legislators who’ll impose the agendas they could never pass democratically. It worked on school prayer, abortion, and marriage, as Rep. Nancy Pelosi (D-Calif.) bragged last year. Now, the Left is using the same playbook on the gender debate — knowing full well that it’s the only way they can force their vision on an unwilling America. Fortunately, there are some judges who agree with us that if the Left wants to change the definition of discrimination, it’s asking the wrong branch of government. Unfortunately, those judges aren’t in the majority on the 7th Circuit Court of Appeals. In a mind-boggling decision yesterday, the judges not only stole Congress’s job — they admitted they were doing it!
For years, liberals have tried to pass legislation making “sexual orientation” a protected category under the Civil Rights Act — first with ENDA (the Employment Non-Discrimination Act) and then with the “Equality Act.” The House and Senate rejected them every time. They recognized, as we do, that sexual orientation wasn’t on the minds of legislators 53 years ago when it was trying to weed out prejudice — and more importantly, it wasn’t in the text of the law that passed! No bother, liberals said. We’ll just rewrite the policy through our activist courts.
And Tuesday, the 7th Circuit was more than willing to comply. “For many years,” Chief Judge Diane Wood admitted, “the courts of appeals of this country understood the prohibition against sex discrimination to exclude discrimination on the basis of a person’s sexual orientation.” So by her own admission, there’s absolutely no justification for rewriting the law. Still, she goes on, it’s the court’s responsibility to take a “fresh look” at its position. And in doing so, she writes, “we conclude today that discrimination on the basis of sexual orientation is a form of sex discrimination.”
The decision, an 8-3 bombshell, was astounding because it bucked — not just the 7th Circuit’s precedent, but every circuit’s precedent. Judge Diane Sykes was just as shocked as we are. “Any case heard by the full court is important,” she wrote in her dissent, “This one is momentous. All the more reason to pay careful attention to the limits on the court’s role… We are not authorized to infuse the text with a new or unconventional meaning or to update it to respond to changed social, economic, or political conditions.” In a powerful rebuke, she warns her colleagues that they’ve crossed into dangerous new territory.
“Our role is to… [interpret] the statutory language as a reasonable person would have understood it at the time of enactment. When we assume the power to alter the original public meaning of a statute through the process of interpretation, we assume a power that is not ours. The Constitution assigns the power to make and amend statutory law to the elected representatives of the people. However welcome today’s decision might be as a policy matter, it comes at a great cost to representative self-government.”
Translation: If you want to be a legislator, run for office! Stop “smuggling in” your own agenda, Sykes writes, “under cover of an aggressive reading of loosely related Supreme Court precedents.” Legislative change, she recognizes, “is arduous and can be slow to come. But we’re not authorized to amend Title VII by interpretation.” Despite what the Left would have you believe, impatience with Congress is no reason for throwing the separation of powers overboard! A panel of the 11th Circuit Court argued the same point in a similar case three weeks ago. Led by Judge William Pryor, they came to the opposite conclusion on the Civil Rights Act, upholding it the way it was written. Unlike Judge Wood, they understand that if liberals want to make the workplace an incubator of their radical agenda, they’ll have to persuade America the old fashioned way: democratically!
Of course, the backdrop for both decisions is the ongoing debate over Supreme Court pick Neil Gorsuch. Is it any wonder the knives are coming out for the president’s nominee? The 49-year-old has been adamant about respecting the court’s limited role. Trust me, that’s not what the Left wants to hear. They’re in the market for an undercover legislator. And if this case has illustrated anything, FRC’s Peter Sprigg points out, it’s “how important it is to appoint judges who understand their limited role in our constitutional system, who will exercise judicial restraint, and who will interpret both the Constitution and federal statutes in accordance with their original meaning.”
Tony Perkins’ Washington Update is written with the aid of FRC senior writers.