Today, the California Supreme Court went rogue, throwing out a law that had been enacted by the people of California in a referendum back in 2000 - and by a pretty fair margin.
As I discussed this issue earlier, this is pushing America to a fundamental question that we will have to answer in 2008: How is this country supposed to work, is it run by "we the people," or will it instead be run by a judiciary that has metastasized into a polite and gentle dictatorship?
That is not the only case. The polar bear listing is another, and contrary to complaints from Hugh Hewitt, Secretary Kempthorne really had no choice on this matter, and arguably has taken the only course of action that will minimize the effect. If he had refused to list the polar bear, the NRDC and other groups would have found a judge all too willing to overturn the decision of an Administration that was chosen twice by the American people to make such decisions - something that has happened repeatedly.
It's not a small question for me. I want to know if my vote will count, or if it will be tossed out because some judge thinks he or she knows better?