In the wake of the Obergefell and King decisions last month, in which the Supreme Court defied the plain meaning of the Fourteenth Amendment and the Affordable Care Act, a Senate Judiciary subcommittee is holding a hearing this afternoon on "Supreme Court Activism and Possible Solutions.”
Following yesterday's disappointing Supreme Court decision in King v. Burwell, CFJ President Curt Levey told Reuters that "pressure will now fall on Republican presidential hopefuls to spell out in detail their views on court appointments." After today's Obergefell decision discovering a constitutional right to gay marriage, the pressure will be even stronger. Here is Mr. Levey's statement on what the GOP contenders must do:
Gay marriage advocates throughout the United States are celebrating the results of the Irish national referendum in which more than 60% of voters approved the legalization of same-sex marriage. At the same time, these advocates are urging the U.S. Supreme Court to create a constitutional right to same-sex marriage, a decision which would deprive American voters of precisely the same right exercised by Irish voters – the right to democratically determine the definition of marriage. Gay marriage advocates apparently fail to see the contradiction.
On Thursday, the Committee for Justice filed a Supreme Court amicus curiae brief in the gay marriage cases that the Court will hear April 28. CFJ's brief asks the Court not to invalidate the defendant States' traditional definition of marriage, but the brief takes no position on whether that is the correct definition.
CFJ president Curt Levey's proposal in a March 17 Wall Street Journal op-ed that Republicans "vow not to confirm the president’s appeals-court nominees until he rescinds his immigration fiats" drew positive reactions. Here are some examples: