It seems David Brooks wasn't the only conservative op-ed writer on the airways fearmongering over those activist judges on the Supreme Court supposedly imposing their will on the American people. On ABC's This Week, Wall Street Journal columnist Peggy Noonan told host George Stephanopoulos that we should be leaving the matter of gay marriage to the states.
Noonan said on ABC’s This Week that Americans “don’t take it well” when the Supreme Court makes decisions that affect the entire country — such as declaring Proposition 8 unconstitutional or repealing the Defense of Marriage Act — and said one of the “great sins” of Roe v. Wade was that it took power away from the states: [...]
Noonan’s reference to Ruth Bader Ginsburg came from a speech the Supreme Court justice gave at Columbia Law school last year, in which she said Roe v. Wade went “too far, too fast.” But Noonan’s appeal to let the issue take time to “settle itself out” ignores the fact that activists have been fighting for marriage equality for nearly 40 years. And her insinuation that Americans won’t like it if the Court declares a ban on same-sex marriage unconstitutional ignores that support for marriage equality is at an all time high: a Washington Post-ABC News poll found 58 percent of Americans support gay marriage rights, up from 37 percent in 2003. That 58 percent includes 81 percent of youth, which lends credibility to Noonan’s insight that opposition to marriage equality is dying out.
As I said in the post on Brooks, they all love these "blacked robed masters" when it comes to decisions like Citizens United, but not so much for civil rights. Full transcript below the fold.
STEPHANOPOULOS: You know, it's interesting Peggy Noonan, Justice Kennedy in a speech in Sacramento this month said, a democracy should not be dependent for its major decisions on what nine unelected people from a narrow legal background have to say.
NOONAN: Yeah, Americans don't take it well and don't accept it as a resolution when their black robed masters in Washington decide to put on them what they decide is the right thing. One of the great sins of Roe versus Wade, the abortion decision of 40 years ago, was that it decided everyone has to do it one way, instead of leaving it to the states.
It seems to me it is certainly in line with conservative political thinking, but I think it would be acceptable certainly to liberal thinking, that when there are these gnawing, disagreeing questions going on in America, if you can't solve it here, you can say everybody can solve it down there. Let's state by state make their decision. You will immediately have New York having some of the most liberal decisions on this issue.
You will perhaps have Utah or Arkansas, having less liberal decisions. Work questions out that way as much as possible.
STEPHANOPOULOS: Is this movement inevitable?
NOONAN: George Will said something here a few weeks ago, he said, look, opposition is literally dying out, it is the older Americans, not the younger Americans.
One of the things that I like, by the way, about a compromise in which state by state does it, it's not only localities and keeping power local, it also takes a little time. Sometimes it's good when everything takes a little time to settle itself.
May I note by the way, Ruth Bader Ginsburg, a famous court liberal, her acknowledging very recently was in I think The Times today, that the Rove Versus Wade decision, the abortion decision, had gone too far and was an overreach. That is an epic statement from an American liberal left jurist.