A Thought Experiment
Here’s my question: when (because I think it will be when, not if) the Supreme Court of the United States decides that same-sex marriage is constitutional via the 14th Amendment’s equal protection clause (or whatever mechanism) and various state laws (including referenda in various states that passed by large majorities) are struck down, will we see the same amount of respect for judicial review as we are seeing now from the opponents of the PPACA? If we have a Republican president at that moment in time will said president refrain from commenting on the case while it is being deliberated upon? Will the proponents of same-sex marriage be concerned that the judiciary is unelected? Will Democrats in Congress opine about the size of the majorities that voted against same-sex marriage in various states? Who will be crying “judicial activism!” then?
Or, as I was contending the other day, will policy preferences of citizens, politicians, and pundits shade their view of the process?