There is a reason President Donald Trump’s nomination of Amy Coney Barrett to the United States Supreme Court has become a central issue at the heart of the upcoming election. On the conservative side is the constitutional duty to appoint a Supreme Court justice who will respect the written text of the United States Constitution; on the progressive side is the desire to effectively use the judicial branch as an alternative to the legislative branch. To see just how impactful the Supreme Court has become in terms of legislation, one only needs to look at recent, wide-reaching decisions by the Court. Below are eight such decisions. Some permitted legislative victories to be achieved for the Left via the judicial branch, and others narrowly prevented such victories. Whether we personally view the following decisions as right or wrong, what the Supreme Court’s modern history has shown is that a small collection of unelected judges have overwhelming power over the state and direction of our society, and have the ability to effectively enact legislation deciding the most fundamental debates of our time. Issues of transgenderism, freedom of association, affirmative action, and many more have not been settled by Congress, but by the judiciary.
1. Obergefell v. Hodges (2015)
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