To restrict or legalize abortion, to allow or forbid gay marriage, a legislator would need to write and pass a law, get it signed by the president or a governor, and perhaps override a veto. A Supreme Court justice need only persuade four other people. If he or she is not internally constrained by the authority of a text, he or she is not constrained.

Michael J. Gerson

Tags: politics united-states abortion same-sex-marriage united-states-constitution scotus politics-of-the-united-states

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