Kurt Schlichter is right. And it’s a shame that Kurt Schlichter is right–because this will rend our already frayed social fabric, with unpredictable results.

Who’s on the Supreme Court should not matter that much. But it does. This is a real problem.

Here’s Thomas Jefferson on the problem on the problem of judges inventing constitutional “rights” untethered to text or common law:

You seem to consider the judges the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges … and their power [are] the more dangerous as they are in office for life, and are not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves … . When the legislative or executive functionaries act unconstitutionally, they are responsible to the people in their elective capacity. The exemption of the judges from that is quite dangerous enough. I know of no safe depository of the ultimate powers of the society, but the people themselves. …. — Letter to Mr. Jarvis, Sept, 1820