The mark of a truly learned jurist is the ability to decide complex issues within the constraints of the law; and without employing hypotheticals as a basis to contrive convoluted applications not reasonably supported by the United States Constitution. Today, there are no such jurists on the Supreme Court of the United States (scotus).
The scotus is “supreme” only in the context of the judicial branch of government; it is not the supreme government power; however, congressional dysfunction allows it to act as though it is.
The likelihood that the scotus will act on the subject of same gender matrimony (ssm) before Christmas is fairly remote. Primarily this is because of the upcoming election. It is important for scotus to ascertain that congressional dynamics will remain essentially unchanged before, once again exceeding its authority.
Congress is currently populated with 535 people whose every word and action is dictated by polls and implications for the next election. They act essentially as cheerleaders for their constituents to keep them donating and voting. To that end they work to ensure nothing meaningful gets done.
It is important to scotus that this congressional inertia prevail because, contrary to popular belief, congress is the preeminent government power. Congress is empowered by the Constitution to establish the supreme court and the precepts which guide its activities; which means congress has the power to add clarity whenever the court is uncertain of its limitations and congress has the power to impeach any member of the judiciary including the Chief Justice of the Supreme Court.
Inasmuch as the scotus exceeded its authority when it declared DOMA invalid, because scotus has no constitutional authority to amend, repeal or invalidate any Act of Congress, a case for impeachment could be made or, in the alternative, congress could simply amend the Judiciary Act.
Not one member of the current congress has the testicular fortitude to initiate either of these actions. In fact an uncomfortable number of them are probably not even aware that congress has this power; which is just the way scotus wants it to stay.
Disenfranchising more voters and violating States’ rights to sovereignty prior to the election could incite voters to seat a viable congress which would take the necessary action. Waiting until after Reid, McConnell, Pelosi, Lindsay, McCain and the rest of the do nothing gang are brought back, for encores of pin the blame on the donkey and only rich white guys ride elephants, could enable scotus to dump coal in the stockings of Americans and leave town to await the new year.
The court however, will eventually have to address the fact that an Arizona Court of Appeals suborned perjury when, in an effort to force Arizona to recognize same gender unions as marriages, it gave judicial note to documents known to it to be fraudulent.
This egregious action is a direct result of the failure of scotus to overturn Vaughn Walker’s abuse of power when he disenfranchised the people of California and Anthony Kennedy’s convoluted explanation for his unconstitutional crusade for lgbt which makes scotus culpable, if not complicit, in the appeals court’s action. The scotus will have to overturn the Arizona appeals court in order to preserve the integrity and credence of birth certificates, and other documents which have heretofore enjoyed unconditional acceptance as true records of events.
Americans must start making better choices in their representatives