One of the main obstacles for the implementation of LGBTI rights in the country, as Colombia Diversa and other groups have denounced, is the persecution that the Attorney General embarked on against public functionaries, LGBTI jurisprudence and policies, civil society groups, same-sex couples and supporters.
Governors and Mayors across the country are issuing executive orders banning non-essential, government-funded travel to North Carolina. Governors are proclaiming it is in their states interests to promote equality and act out against discrimination. This may be true, however, they have no power to do so outside of their states.
Greg Weiner has a problem with authority--judicial authority, that is. In an incisive (and often quite amusing) reply to my critique of his recent effort to distinguish between judicial deference to Congress (which he lauds) and judicial deference to executive agencies (which he condemns), Weiner makes plain that he regards the federal judiciary as an ever-present threat to representative democracy.
The Constitution gives the Senate the power to advise and consent. That body is empowered to say no as well as yes. And the most important qualification for office is philosophical. Put simply: Does the nominee believe the Constitution means anything apart from the jurists' personal preferences? If not, then the Senate should reject the nomination.
Sunstein is correct that judges need not be heroes. They must, however, be equipped to enforce constitutional values in both controversial and mundane cases. They must employ a consistent, principled approach in resolving constitutional questions, and be prepared to assert the authority of their office in doing so
Republican obstructionism today operates against the long-term erosion of American democracy, and it leaves government paralyzed in the fact of mounting national problems. That further erodes legitimacy and democracy itself. The hollowing out of democracy is reflected in the loss of confidence in public institutions, in the fact that big money has been crowding out citizen participation. Republicans have contributed to this trend by their money-is-speech ideology and by sponsoring measures that make it more difficult to vote -- reversing a two- century trend of expanding democracy. Meanwhile, ordinary people feel more and more alienated from both the economy and the system of government. So we have a constitutional crisis -- one party destroying the ability of the government to govern, combined with a crisis of our democracy at a time when we need government to act.