This symposium addresses many similarly troubling judicial actions that add up to an entrenched pattern of government by judges that is nothing less than the usurpation of politics. The question here explored, in full awareness of its far-reaching consequences, is whether we have reached or are reaching the point where conscientious citizens can no longer give moral assent to the existing regime . . .
Those were opening words of "The End of Democracy? - The Judicial Usurpation of Politics: (First Things 67 November 1996: 18-20), a controversial symposium of Robert H. Bork, Russel Hittinger, Hadley Arkes, Charles Colson, and Robert P. George, in which they discussed the rise of judicial tyranny:
and the divorce of law from morality, and consequent failure of trust, that comes as a consequence:
The stated purpose of the symposium was not to advocate "noncompliance to resistance to civil disobedience to morally justified revolution," but to question the future prospects of a country host to "a growing alienation of millions of Americans from a government they do not recognize as theirs . . . an erosion of moral adherence to this political system" and "the displacement of a constitutional order by a regime that does not have, will not obtain, and cannot command the consent of the people."
Mind you, this was written in November 1996. With the life of Terri Schiavo (and others in similar circumstances) literally at the mercy of our courts, it seems fitting to consider this symposium again.
See also: The End of Democracy? A Discussion Continued, First Things 69 (January 1997): 19-24.