A classic combination in politics is the senseless pursuit of a cause that has long since been lost coupled with a complete misunderstanding of the way government works. When it comes to this tried and true method Florida Senator Marco Rubio seems to be adopting an, “If it aint broke don’t fix it” mindset.
Vice News reported Monday that the presidential hopeful has announced a “plan to reverse the Supreme Court's decision on gay marriage and wipe out protections for transgender people if he is elected to the White House next year.”
The Point Of The Supreme Court Is To Prevent This Exact Situation
Now one’s first reaction when hearing this is to say “wait, isn’t that the complete opposite of how the Supreme Court is supposed to work?”
If you remember your elementary school government classes than you will remember old Ms. Nesbit spending two full weeks on something called “checks and balances.”
This is a system that the Founding Fathers put in place wherein each of the three branches of government is given wards and weapons to keep the others in line. One of these wards is The Supreme Court’s autonomy in decision-making.
The president simply does not have the power to overrule a Supreme Court decision and Rubio’s proposed “plan” is nothing more than a desperate political stunt designed to fan the slowly dying ember of his presidential campaign.
Rubio's Strategy Is Ill Informed And Poorly Researched
Now, to be fair, as president Rubio would have the authority to appoint new judges, and he has promised that if given the chance he will elect conservatives that would disagree with the current rulings on gay marriage. Three openings may be available if Justices Ginsburg, Scalia, and Kennedy choose to retire next year, but if Rubio’s plan to repeal the court’s gay marriage decision is simply to appoint judges who disagree with the decision, than he is once again proving his cluelessness.
Here's Why It Would Fail
In a 1992 case, Planned Parenthood v. Casey, the court decided that it takes more than disagreement of a previous ruling to change it.
“The decision to overrule should rest on some special reason over and above the belief that a prior case was wrongly decided,'' the case states.
In fact there are four criteria a case must meet before the Supreme Court can choose to overrule. They are: The workability of the rule, the extent to which the public has relied on the rule, relevant changes in legal doctrine, and changes in facts or perceptions of facts.
Suffice it to say, changing this law would require much, much more than simply stacking the bench with Rubio’s cronies. The fact that a rookie political reporter knows that, and a potential presidential nominee doesn’t, is quite troubling.
Continue Reading: Twitter Goes Crazy After Rubio's Football Pass Takes Out A Child
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