Our Divine Tribunal

Joseph Sobran:

The Divine Tribunal — excuse me, I mean the Supreme Court of the United States, as it’s officially known — has decided, by a 5-to-4 vote, that executing criminals under the age of 18 is unconstitutional.

Where, you may ask, does the U.S. Constitution say that? Well, nowhere, actually. But the Tribunal doesn’t decide what’s constitutional by consulting the Constitution. That would cramp itsstyle.


Conservatives often accuse liberal justices of “legislating from the bench.” The charge is too kind. The problem isn’t that they legislate; it’s that they lie.