I’m so tired of these people wailing about “activist judges” when the judicial branch is doing its job of interpreting the law. And of course it comes as NO surprise that the case he’s complaining about is one of separation of Church and State: they never complain about “activist judges” when the ruling is one they personally agree with.
Gingrich knows better, he knows that the case was ruled correctly, he’s been in government too long to not understand that. He also knows that in a representative democracy, sometimes law rulings don’t favor the opinion of the majority of people in the U.S., especially when the ruling serves to protect the rights of a minority. That’s EXACTLY how this democracy is supposed to work… but he also knows that railing against this type of ruling is a quick hunk of red meat to people who think that religion is “under attack” in this country, and will give him a sorely needed quick boost in the polls now that his numbers in Iowa are collapsing.
His comments in this matter are no more responsible or truthful than Rick Perry’s accusation that Obama is conducting a “war against religion”, and should be vilified to the same degree. Maybe Capitol police should arrest Newt for his unconstitutional recommendations, and bring him before Congress so he can explain them. That would make just about the same sense, and be just as justified as his irresponsible comments. To actually say that judges can and should be arrested to “explain their views” before Congress is reprehensible: what, exactly, would he say Congress should be able to do after that? Throw the judge in jail? Overturn their ruling? Change the law on the fly to make the ruling inapplicable, so that people could be declared guilty for an act that wasn’t illegal at the time they committed it?
If you don’t like the Constitution, propose an Amendment. If you don’t like separation of powers, go ahead and try to change our form of democracy. If you don’t like checks and balances, then get rid of the branches you don’t like, see how well that works for you. But don’t pretend that what is happening here is anything but a natural, BENEFICIAL result of our Constitution and form of government.