Obama’s Judicial Manipulation: The Windsor Deception
Barack Obama, once hailed as a constitutional law expert, quietly rewrote the rules of democracy through judicial deception — most notably in United States v. Windsor (2013). The Supreme Court’s decision in Windsor dismantled Section 3 of the Defense of Marriage Act (DOMA), setting the stage for the Obergefell v. Hodges ruling that forced same-sex marriage nationwide.
But Justice Antonin Scalia’s blistering dissent revealed the ugly truth: Windsor was never a real legal battle. It was a coordinated political maneuver—Obama’s Justice Department agreed with the plaintiff, Edith Windsor, while pretending to oppose her, ensuring the case reached a sympathetic Court to achieve a desired political outcome.
Scalia saw it for what it was: a direct assault on self-governance and a dangerous precedent that could ultimately dismantle American democracy.
Scalia’s Warning: A Judicial Coup
In his fiery dissent, Justice Scalia sounded the alarm:
“This case is about power… the power of our people to govern themselves, and the power of this Court to pronounce the law. Today’s opinion aggrandizes the latter, with the predictable consequence of diminishing the former.”
(Windsor, 570 U.S. at 2699-2700)
Obama’s Justice Department’s refusal to defend DOMA, while quietly aiding Windsor, undermined the very adversarial nature of the judicial process. Scalia warned that the Executive colluding with a plaintiff — and relying on an activist court — hands unchecked power to the President, bypassing Congress, the people, and the Constitution itself.
This wasn’t just about marriage. Scalia foresaw that once this tactic was normalized, any law could be rewritten through courtroom collusion, turning courts into political weapons and elections into meaningless spectacles.
The Dangerous Precedent Windsor Created
Scalia predicted precisely what followed:
-
Obergefell v. Hodges (2015) used Windsor’s logic to override state marriage laws and voter referenda.
-
Federal courts increasingly became arenas for political activism, rather than neutral arbiters of the law.
Scalia’s deeper fear was that any President, left or right, could now nullify laws they disliked simply by orchestrating a lawsuit and ensuring a favorable ruling.
This system would:
-
Undermine the will of the voters
-
Destroy the balance of powers
-
Replace democracy with a form of judicial dictatorship
If weaponized fully, every law — from gun rights to tax codes to voter ID laws — could be erased by a President using Windsor-style collusion.
Trump’s Dilemma: Wield or Dismantle the Weapon?
Today, President Donald Trump faces the same system Obama corrupted. Left-wing lawfare groups and partisan judges are using the courts to sabotage Trump’s agenda and entangle his campaign.
Trump stands at a crossroads:
-
Option 1: Wield the Windsor tactic, using strategic lawsuits to expose the deep state, the Kennedy files, Epstein’s network, January 6 abuses, and FBI misconduct.
-
Option 2: Follow Scalia’s higher call — dismantle the tactic, restore the rule of law, and reassert that laws must be made by Congress and approved by voters.
Both paths carry enormous risks and consequences.
If Trump chooses to fight fire with fire:
-
DOJ could coordinate with friendly plaintiffs to sue for transparency and accountability.
-
FOIA lawsuits could force disclosure of hidden government secrets.
-
Civil rights cases could expose censorship collusion between Big Tech and federal agencies.
If he chooses to dismantle the tactic:
-
He must push Congress to pass laws requiring the Executive to defend all duly enacted statutes.
-
Courts must be restrained from hearing cases where no true adversarial conflict exists.
-
Judicial neutrality must be restored before the system collapses under the weight of its own corruption.
The Final Battle: Restore Democracy or Lose It Forever
Justice Scalia’s closing warning was simple but dire:
“We might have covered ourselves with honor today, by promising all sides of this debate that it was theirs to settle and that we would respect their resolution.” (Windsor, 570 U.S. at 2711)
Trump has the opportunity to do what Obama would not:
-
Respect the voice of the American people
-
Restore constitutional checks and balances
-
Ensure that courts are courts again — not political battlegrounds
The future of American democracy hinges on whether Trump heeds Scalia’s call — and acts before the Windsor tactic is used to permanently destroy the republic.
