Justice Kennedy Compares Supreme Court to Nazis

Throughout the twentieth and into the twenty-first century, hundreds of people, if not more, have used the horrors of Nazi tyranny to defame their opponents. The GOP compares the overreach of Democratic politicians to the Nazis. Liberals compare the laws according to morals of the Republicans to the Nazis. But there has been no one that I know of that has purposely framed themselves or the group to which they belong to the Nazis…that is, until now.

Christian News reports:

During a recent talk at Harvard Law School, U.S. Supreme Court Justice Anthony Kennedy said that while there are sometimes “difficult moral questions” surrounding whether or not to follow Supreme Court opinion, civil magistrates must enforce the law, noting that only three German judges resigned rather than follow Nazi directives.

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It can be difficult to tell someone that they should simply resign. It is even more difficult to do so without being mean or controversial, so we know what Kennedy was trying to say. Even in the face of the tyranny of Nazi Germany, most just went along. Those who could not go along resigned. But it is still a bad comparison.

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Kennedy was asked a difficult question. What about those who think that laws or rulings are evil? What should those do who feel it wrong to obey the law? It is a tight spot. So, seeking to encourage the dissenters that there is no shame in simply walking away, he compared himself and the rest of the court system to Nazi tyranny.

Christina News continued:

“Would you say that there are any state or federal officials with authority to act according to their own judgment of the truth of new insights or of the soundness of the court’s constitutional interpretation,” the student continued, “or would it be illegal for any federal official or state official to enforce or to act according to the old understanding of life and the Constitution that she still judges to be the truth of the matter?”

Kennedy replied by noting that there were very few who resigned in Germany rather than obey Nazi directives, stating that he respects the few who follow their convictions.

“How many judges do you think resigned in the Third Reich? Three,” he stated. “Great respect, it seems to me, has to be given to people who resign rather than do something they think is morally wrong, in order to make a point.”

Besides the fact that Kennedy compared himself to the Nazis, there is something else revealed to us in his comments. Kennedy, for all his education and legal experience, has shown himself not to have fully grasped the problem Christians have with the Supreme Court ruling.

What Kennedy thinks is that Christians want to prove the decision wrong, as if to tell the courts that they made a mistake, but this is not even near being the truth. Rather, what Christian magistrates are saying is much easier to understand. They are saying that the courts do not make law, but not because the Constitution says that this power is given to a different branch of the government. No, the Supreme Court cannot make law because no man can make law. This is not denied us by the Constitution; it is denied us by God.

William Blackstone wrote:

No enactment of man can be considered law unless it conforms to the law of God.

This truth is the only hope for man to govern himself in a free society because, as long as man can make law by simply enacting, then liberty can be legislated away. And Kennedy has come closer in his comparison to the truth than he would care to know.

The difference that they had better learn, and fast, is that this is not Germany–unarmed, starving, and desperate. This is America–armed, determined, and mad!


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