Are All Court-Created Rights Now in Peril?
Joe Biden says this generation of Americans is in a struggle between democracy and
authoritarianism. But were the decisions to outlaw the Bible and school prayer in the public schools, to declare a right to abortion, homosexuality and same-sex marriage can be found in the penumbras of the Constitution, arrived at democratically or autocratically? Perhaps the solution is to have new rights court decisions subjected to national referenda.