Providing another example of why judicial review needs to be reviewed is U.S. District Court Judge James C. Fox, who just ruled that North Carolina may not offer its “Choose Life” license plates. And wait till you hear his reasoning (if you can call it that). Writes MyFox8.com:
A federal judge has ruled it is unconstitutional for North Carolina to issue pro-life license plates unless the state offers similar plates supporting abortion rights.
[…] Judge Fox concluded, “The State’s offering of a Choose Life license plate in the absence of a pro-choice plate constitutes viewpoint discrimination in violation of the First Amendment.”
Allow me to translate: “I, Caesarean Judge, don’t like pro-life messages. So I’m going to rule against the choose-life plate — because I can.”
Question: where in the Constitution is it forbidden for states — or the feds, for that matter — to engage in “viewpoint discrimination”? The Founding Fathers included no such provision, and for good reason.
They were neither on mind-altering medication nor were insane.
The fact is that the very business of governing involves “viewpoint discrimination.” After all, the state must enact laws. And a law, by definition, is the imposition of a viewpoint.
As an example, the battle over Obamacare involved many viewpoints, two of which were “The federal government has no right to force citizens to purchase a product or service” and “The federal government does have a right to force citizens to purchase a product or service.” And the feds not only discriminated between those two viewpoints, they decided to impose one at the end of a gun.
So here is what’s implicit in Judge Fox’s reasoning: if the government’s viewpoint discrimination involves the forcible imposition of the viewpoint on others, it’s acceptable. But if the government is simply offering a vehicle through which citizens can voluntarily display a viewpoint, it’s not.
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Selwyn Duke (photo)