In 1967:
The Supreme Court created new rights with its decision in a very real sense. Prior to their it, no one was being denied their right to marriage. Blacks had the right to marry just like everybody else. A white man had the right to marry a white woman and a black man had the right to marry a black woman. On the other side of things, as a white man, I had not the right to marry a black woman. There was absolutely no discrimination here.
... or something.
Loving was discrimination on the basis of race, which violated Civil Rights Act. That's the case I'd make for Loving. This was literal creation of a new right, a special right. It was legislating from the bench. Our founders would be extremely disappointed.
THis country needs strict constructionist judges back on the bench, otherwise we will have at minimum 30 years of progressive reign.
