The fact that we wouldn’t have half of them if:
- Congress would stop writing bad legislation;
- Congress would stop writing ‘comprehensive’ legislation (yes, I’m making a distinction, here);
- The government was generally not quite so large and unwieldy.
Doesn’t matter how the decisions go down today; the real problem is structural. And largely the Democrats’ fault; they actually like big government on its own merit. Republican legislators you at least have to seduce into it.
Nah, this is a bipartisan problem. Now, it is true that the three or four percent of legislators who are immune to this are all Republicans – they can’t get elected as Democrats. But that doesn’t absolve the the other 97% of the Republican caucus in Congress of responsibility.
Of course now with the Prop 8 ruling, the Left has a validated new tactic for repealing any state level legislation they want without the trouble of using the legislature. Just find a compliant federal district judge, have someone challenge the law, have that judge rule the law unconstitutional (doesn’t matter how it’s unconstitutional) and then have the state not appeal.
–
It will work in any state the Left has control of the AG office and/or Governor’s office.
–
I suppose we could use it too, but we don’t play that way.
Heck as Prop 8 shows, this works on State Constitutions too.
Maybe we’ll get lucky and they’ll be stupid enough to sue Texas, and Greg Abbot being the AG is one of the best litigators in the Nation.