William Kristol produces another fact-challenged column today. In this one he says that the California Supreme Court "made social policy from the bench" in its recent gay marriage ruling.
In 2003, the Massachusetts Supreme Judicial Court redefined marriage in that state, helping to highlight the issues of same-sex marriage and judicial activism for the 2004 presidential campaign. Now the California court has conveniently stepped up to the plate.
Except that, as Think Progress pointed out, California Supreme Court justices aren't activists at all. They're confirmed by the public at elections and also go before voters at the end of their 12-year terms. Each of the seven judges involved in the same-sex marriage ruling was confirmed by over 65% of the vote. Details, details...
--Jordan Michael Smith
