One of the North Carolina senators has finally emerged from the witness protection program to comment on the Department of Justice’s assault on his home state. It would have been better had he remained in hiding.
In case you doubted whether Republicans are amenable to the courts deciding every political and social question of our time, think again. Sen. Burr, instead of defending his state from the most pernicious and lawless social transformation at the hands of the unelected DOJ and the courts, wants Congress to butt out of “judicial matters.”
According to The Hill.
‘When things get into the courts system, that’s how it has to play out,’ Burr told The Hill when asked about the dueling lawsuits over the law, which requires transgender people to use the bathroom corresponding to their biological sex.
‘I would have loved to see them work out an agreement that both sides were happy with. They either chose not to do it or couldn’t,’ Burr said.
Here is more from CQ news alerts:
North Carolina Sen. Richard M. Burr said Gov. Pat McCrory is ‘off base’ in calling for Congress to intervene in the dispute about transgender people and their access to bathrooms in his state. ‘I’ve never seen Congress get involved in judicial matters and this is turned over to the court system now,’ Burr said.
Every word in Sen. Burr’s statement reeks of constitutional illiteracy, personal diffidence on the most foundational truths, and cowardice to represent his own people.
As I noted earlier today in my post detailing what Congress must do to protect North Carolina, the entire purpose of the federal union was to protect individual liberty and the integrity of state sovereignty. Our Founders made Congress the “predominate” branch of government so that the people and the states would have representatives defending their rights. At the same time, the judiciary was to have “neither force nor will” concerning major political issues. Yet, we now have a state under assault by the unelected bureaucrats and the legal profession, which seeks to redefine human sex itself, and Sen. Burr is not only unwilling to defend his state, he is suggesting that such social transformation is inherently the domain of the judiciary.
In the world of Sen. Burr, the Left could bastardize any statue and even compare civil rights for African-Americans to the eradication of all sex differences, and Congress must submit to the courts to decide whether a man is indeed a man. “Prove us wrong that the 1964 Civil Rights Act wasn’t intended to allow men access to private space for women,” say the radical sexual identity jihadists. “Let’s have the courts decide this very deep and complex question,” retorts Richard Burr.
Burr’s comments demonstrate mind-boggling ignorance and cowardice rolled into one incoherent statement.
Here we have one state party that is finally standing up to the most egregious assault on state sovereignty, the civil society, safety, and privacy, and yet Sen. Burr is attacking Governor McCrory and throwing him at the mercy of the two unelected branches of government, which created this problem in the first place. The courts are very close to declaring all recognition of inherent differences between men and women to be discriminatory. This is not just about bathrooms; any man could eventually demand that universities house him in a female dormitory, lest that institution be subject to endless lawsuits. It’s time for the people, through their elected representatives, to take back our society and Constitution from the legal oligarchy, not legitimize their usurpation of power.
Our Founders never envisioned the more powerful legislature submitting its will to the judiciary and surrendering state sovereignty at the altar of the licentious legal profession. James Madison wrote:
It is not probable that the Supreme Court would long be indulged in a career of usurpation opposed to the decided opinions & policy of the Legislature. Nor do I think that Congress, even seconded by the Judicial Power, can, without some change in the character of the nation, succeed in durable violations of the rights & authorities of the States. 
Sadly, Madison never imagined such cowardice from the legislators and the radical “change in the character of the nation.”
Sen. Burr is up for reelection this year. If he feels no need to represent his state against the assault on the most bedrock self-evident truth imaginable, opting instead to submit his manliness quite literally to the unconstitutionally-anointed judicial oligarchy, he should resign.
Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.