One answer to that question is that America is increasingly a government of judges rather than one of laws. The laws passed by Congress or the States are becoming a kind of opening speech for the prosecution to which NGOs reply for the defense and the courts deliver the final verdict. And the result is “laws” bearing a suspicious resemblance to the majority political opinion of Ivy League law schools and the Bar Association.
http://www.nationalreview.com/corner/304008/moral-victory-now-john-osullivan
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