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Commentary
It is argued by those who support the decision that courts must be able to remedy violations of constitutional rights. I agree. But American courts carried out this responsibility for 200 years without wielding the power of taxation. They ordered actions to correct violations. They ordered remedies that required the spending of money. They enforced orders with the power of contempt. Courts desegregated school systems for more than 30 years without judicial taxation.
The issue isn’t civil rights, nor the power of courts to right what is wrong. The issue is judicial taxation. If judges can tax, then I believe there is no meaningful limit to the power of the unelected branch of government.
The April 18 decision (in Missouri versus Jenkins, the Kansas City, Missouri, school desegregation case) is an engraved invitation to every Federal judge in the country to make policy decisions about schools, hospitals, prisons and whatever else a judge chooses — and then to finace the decisions by ordering that t^xes be increased. In this instance, the judge ordered hundreds of millions
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