Judges have power because we trust them to do more than vote their political preferences. If they are unable to set aside their partisan preferences whenever the subject of Obamacare comes up, then we are better off leaving those decisions to people who are actually accountable to the electorate.
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"There is authority that both justifies pushing back the November 4th election date and suggests that logistically, it can be done. Under the circumstances before me, I believe that the law requires that I at least consider the possibility."
Next Wednesday, a three-judge panel will convene in Cincinnati to hear several marriage equality cases arising out of Michigan, Ohio, Kentucky and Tennessee -- and the GOP-dominated panel that will hear these cases is unlikely to bring joy into the hearts of equality's supporters.
In the end, the battle between the Fourth Circuit and the DC Circuit is a battle over who gets to make law. The DC Circuit would steal this decision away from the American people's representatives, and place it in the hands of a few unelected officials in black robes.
Affirmative action opponents keep trying to kill off the University of Texas's admissions standards in court. The most surprising thing, given a conservative judiciary, is that they haven't succeeded.