The NYT editorializes about Justice Scalia today. Recoiling from a recent speech in which Scalia questioned whether the nine unelected judges should act as moral arbiters for the nations, the NYT opines:
The implications of Justice Scalia’s remarks are sweeping. Many of the most central principles of American constitutional law - from the right to a court-appointed lawyer to the right to buy contraception - have emerged from the court’s evolving sense of the meaning of constitutional clauses. Justice Scalia seems to be suggesting that many, or perhaps all, of these rights should exist only at the whim of legislatures.
Oh dear lord, not the legislatures! You mean that the elites might be subjected to the will of the representatives of the filthy, unwashed masses! There’s a lot of Red State folks in that group. Why, I bet most of them have never even been to Martha’s Vineyard! How can they determine my "rights!" Far better for to promote the NYT agenda through the whims of the unelected judges!
Of course, the NYT at base suffers from the modern delusion that the question of whether something is constitutional really asks whether it is "good" or whether we as a society (or as elites) like it. But of course, the Constitution actually only covers a few baseline issues. Everything good is not in the Constitution. To protect the NYT’s expansive panoply of rights, the Founders and the Constitution requires you to turn to the filthy masses represented in the legislatures.