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Originally Posted by Frownland
I addressed the state's rights issue in my post, but as far as the unelected judges part goes...there were actually 9 unelected judges that voted on the issue since the public doesn't elect them to office. Choosing justices is done on the part of the executive branch and approved by the legislative branch.
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But once they're appointed, they serve for life, so once they're in they are technically unaccountable. In practice though, they generally do align themselves with public sentiment, since going off the reservation would likely result in Congress passing laws to undermine their decision, thereby weakening the Court's mandate.
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Like I said, I don't really think it's a valid complaint and most people who are using it are hiding behind those arguments so as not to oust themselves as bigots.
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Most people who do argue against things like
Roe v. Wade are indeed bigots, but that's still an ad hominem that doesn't address the basic principle of their argument. IMO the Court has indeed overstepped its mandate at times, but I'm not really concerned with some Supreme Court takeover of the government, so I generally don't have a problem with court activism, since it's resulted in changes that really were/are necessary that Congress and the President are often too gutless to address themselves.