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Mat Staver: Appoint Conservatives To Supreme Court and Gay Marriage Will Fall, Just Like Dred Scott Ruling

By Michael W. Chapman | November 17, 2016 | 11:39am EST

Liberty Counsel Chairman Mat

Staver.  (AP) 

Commenting on President-elect Donald Trump's promise to appoint justices to the Supreme Court like former Justice Antonin Scalia, a Constitutionalist or Originalist and not a liberal activist, Liberty Counsel Chairman Mat Staver said if Trump appoints just two justices, then eventually the ruling to legalize gay marriage would fall, just like the Dred Scott decision fell.

Druing a Nov. 14 interview on WND's Radio America, Staver, an attorney, said, "[I]f you nominate someone to the Supreme Court that has a judicial philosophy, not that they’re political pro-life vs. pro-abortion, but they’re pro-life in the sense of they know that the Constitution has no basis for abortion. That means that someone’s viewing the Constitution based upon the written text. They’re not activists."

"So, if you have a person who is a pro-life justice, that’s a person who’s not going to be an activist justice or judge," he said.  "If they’re not going to be activists on pro-life, then they’re not going to be activist on the issue of same-sex marriage because that’s even a further deviation from the Constitution beyond belief."

"So, if you put someone in there to fill Scalia’s spot, we’re still at 5-4, right?" said Staver.  "So, we still have the same terrible decision on marriage. But it’s likely that one more, two more, three more possibilities will come open in the next four years. And all he [Trump] has to do is appoint another Scalia, another Justice Thomas, someone who will respect the Constitution and, therefore, guess what happens?  5-4, 6-3, depending on how many he appoints, the other way."

Staver continued, “Just give the opportunity to fill those seats with someone who respects the Constitution and this razor-thin 5-4 decision on same-sex marriage, I think, will be in the same trash bin of history that Dred Scott found itself to be in when people began to wake up and have some common sense."

In the Obergefell v. Hodges decision in June 2015, the Supreme Court ruled (5-4) that state bans on homosexual marriage were unconstitutional, which effectively legalized gay marriage in the United States. 

Back in 1857 in the Dred Scott v. Sanford case, the Supreme Court ruled (7-2) ruled that blacks, such as Dred Scott, brought into the United States as slaves could not be U.S. citizens and therefore had no standing to sue in federal court. That notorious ruling was essentially eradicated by the Civil Rights Act of 1866 and the 14th Amendmet, which gave black Americans full citizenship. 

Republican President-elect Donald J. Trump. (AP) 

There currently is one opening on the Supreme Court, which Trump can fill with an appointee. It's also possible that Justice Ruth Bader Ginsburg, 87, Justice Stephen Breyer, 78, or Justice Anthony Kennedy, 80, could retire at some point over the next four years, providing one to three more openings for Trump to name appointees.

Although Trump has said he believes the gay marriage ruling is "settled law," he also has said he will appoint pro-life justices in the vein of Justice Antonin Scalia, who died in February 2016. Scalia voted against the gay marriage case (Obergefell v. Hodges) in 2015. 

Former Supreme Court Associate Justice Antonin Scalia (d. Feb. 13, 2016). (AP)

 

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