That is rejecting the authority of Article III, Marty.
no, it isn't. its saying that they are overreaching their article III powers by legislating from the bench.
Legislating from the bench" Just words that both sides use to decry decisions that they don't like. Call it what you want .The fact is that what is also called case law or court made law is an important and rcognized part of constitutional law .
Courts make decisions on matters of law, and on finding of facts.Higher courts uphold or overturn lowe cour decisions. Is every case in which they overturn a decision legislating from the bench and is it always wrong to do so? If not when may they legitimatly overturn a decision?
If the appeals court had ruled that the ban on same sex marriage was
unconstitutional, and SCOTUS upheld that ruling, would that have been legislating from the bench too? Maybe not since you would have approved.
What if SCOTUS ruled that marriage was a matter for the states to decied and turned it back to them? In each of these senerios , case law-or binding precidents are being set that carry the force of law . Again call it what you like, but if you are going to rail against legislating from the bench, consider this- what-exactly- can the court do that effects the way the constitution and the law is applied that is not legislating from the bench.
I believe that you said awhile back that you were "thrilled" when New Yourk state legislated same sex marriage. Thrilled? Really? Would you have us believe that you care so much as to be thrilled, but at the same time, be willing to let gays in many other states wait decades longer for equality, if it fact it would ever happen ? SCOTUS has a role in upholding the constitution and when states violate it, SCOTUS must step in.