> but what it has been doing is empowering democracy, which people are nominally for.
I know what you are trying to say, but it is too narrow.
If you think broader, the above is a laughable claim. Overturning the current understanding of laws is jarring to democracy. (Sure, there are times when it is morally necessary.) Why? Previous legislatures operated under the assumption that the Clean Air Act worked in a certain manner.
The Supreme Court has effectively overturned previous democratic work knowing full well the practical implications.
Yeah supreme court is doing its job just fine. Main issue seems to be Congress peeps voting party line with omnibus bills instead of discrete policy being legislated that they can vote freely on with just their constituents in mind. And then of course the money and corporate capture. I don't think elected members even write the bills anymore.
A number of people on both sides of the issue have noted that the country was on an arc toward more liberal abortion laws before Roe. When SCOTUS steps in and decides issues without a solid Constitutional basis it interferes with the consensus process of democracy and produces division. The same is likely true with the other privacy rulings.
Have some faith in people. Inventing rights and privileges autocratically is definitely problematic in a democracy. It's better to do the work of persuasion. We all have to live together. Note as well, the number of countries who have arrived at gay marriage through legislation rather than judicial fiat. It's a more respectful way to go.
'More respectful'? What was respectful about states denying people the ability to see their partner in the hospital because they have the crime of being gay? Or being denied the ability to participate in basic rights because they're gay?
Or is it just because it doesn't inconvenience you? Like these are all things that are very fresh in the memory of anyone gay that's lived in southern or red states. It's not a democracy if you have a bunch of people you treat as second class citizens.
Majority rule literally the definition of democracy.
This is obviously in conflict with minority rights.
If you care more about minority rights than democracy, fine. Lots of governments have limits on majority rule. The USA constitution is a famous example.
But those limits are limits on democracy. Which make them anti-democratic.
The more strictly you protect minority rights the less democratic your society is.
> It's not a democracy if you have a bunch of people you treat as second class citizens.
That's the purest democracy there is. A direct democracy that let people vote on absolutely anything would always produce that result.
You want effective standards, do the work and pass a law.