THE CALIFORNIA SUPREME COURT DECISION

I was reading the AOL opinion board about the Court's striking down the ban on gay marriage and one of the commenters claimed that the Court was wrong simply because it's decision went against the wishes of the majority. I tried to convince him otherwise but I'm not sure I had any effect. In the end, I just thought he didn't know much about our system of government.

(Via Atrios) Glenn Greenwald finds that someone who should certainly know better, Ben Wittes - a scholar at the Brookings Institution, makes the identical argument in the pages of The New Republic. Glenn links to Wittes page at Brookings and this is under the "Expertise" tab:

The Supreme Court; Federal courts; the Justice Department; Federal law; Judicial nominations and confirmations; and the Legal architecture of the War on Terror

The "Background" tab shows that Wittes is definitely part of the media elite:

Current Positions
Columnist, The New Republic Online; Contributing Editor, The Atlantic Monthly
Past Positions
Editorial Writer, The Washington Post; Reporter and News Editor, Legal Times

The question I have is why does this guy even have a job at Brookings instead of the Heritage Foundation?