Missouri just became the 21st state to sue on behalf of its citizens for a ruling that Obamacare's central provision -- the mandate on individuals to buy health insurance -- is unconstitutional.
Judge Tauro's written opinion has already been criticized as illogical, even by liberals who support same-sex marriage. But liberal legal scholars are already hard at work on developing a better rationale because they are so deeply invested in getting rid of DOMA.
As Justice Scalia wrote about an earlier case, the new DOMA decision is "the product of a law-profession culture that has largely signed on to the so-called homosexual agenda." Kagan on the Supreme Court would permanently entrench what Scalia called the "law profession's anti-anti-homosexual culture," by reading it into the U.S. Constitution.
Elena Kagan has been called Obama in a skirt. Her youth was steeped in the notoriously radical politics of the Upper West Side of New York City, absorbing "progressive" views that are reflected in the theses she wrote at Princeton and Oxford. If confirmed, she would be the sixth justice on the current Supreme Court who was born in New York or New Jersey and the ninth who attended Harvard or Yale law schools.
The American people were hoping the next Supreme Court justice would be conservative. According to a Fox News poll in April, 52 percent said they wanted President Obama to nominate "someone who is more of a conservative" and only 29 percent wanted "someone who is more of a liberal."
We hope the senators realize that their vote on Elena Kagan is crucial because she could be the deciding vote on the constitutionality of both DOMA and Obamacare. Despite all her non-answers to softball questions in the hearing, there is no question about how she will vote.
Abe Lincoln warned us that "if the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, ... the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal."
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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