Tag: SCOTUS

Rot at the Supreme Court

W.J. Astore

Injustices, Not Justice

A big part of the American experiment is the idea we are a nation of laws as defined by the U.S. Constitution. The law is supposed to apply equally to all, and disinterested, impartial, justices are supposed to make rulings that are unaffected by money or race or religion or any other factor other than the law itself and what’s right and what isn’t.

That doesn’t describe today’s Supreme Court of the U.S. (SCOTUS).

It’s nice to see Justice Thomas smiling so broadly

Justice Clarence Thomas has accepted all kinds of undeclared gifts from a billionaire supporter, including tuition for his great-nephew at private boarding schools. Justice Neil Gorsuch profited from a real estate transaction with a rich law firm CEO with extensive business before the court. Apparently, SCOTUS polices itself here, and so far the SCOTUS cop on watch is asleep.

Justice Brett Kavanaugh gained his seat under a storm of controversy. I wrote in September 2018 that he should withdraw his name from consideration, based on the demeanor he showed at his Senate hearing, but of course he didn’t. Justice Amy Coney Barrett was specifically “saved” by President Trump to replace Ruth Bader Ginsburg; everyone knew she was a conservative Catholic opposed to abortion with a clear record of being pro-business to boot.

You’d think the #1 criterion for a SCOTUS justice would be unassailable integrity, but today it seems to be predictable partisan positions (both political parties are guilty here, though Republicans are more blatant). Allegiance to moneyed interests is a big plus. The latter point is why these justices see no problem with accepting “gifts,” otherwise known as bribes (for that is what they are, in plain speak).

SCOTUS, in short, is becoming a tinier version of Congress, featuring partisan hacks serving elite interests. Of course, not all SCOTUS justices are equally guilty here, but if the court fails to police itself, they are all accessories to the actions of Thomas, Gorsuch, et al.

If we had the best legal minds of unassailable integrity on SCOTUS, a layman like me would have little chance of predicting how the court would rule. Yet we generally know ahead of time the decision SCOTUS will reach and even how the justices will vote.

Sadly, partisan predictability and allegiance to powerful interests rule. And so we have a SCOTUS featuring an increasing number of injustices in place of justice.

SCOTUS Overturns Roe v Wade

W.J. Astore

So much for the idea of “settled law” and judicial precedent. The Supreme Court of the U.S. (SCOTUS) has overturned Roe v Wade by a 6-3 majority vote. For nearly 50 years, abortion was legal in America if not always cheap or readily accessible. Now roughly half the states in America are poised to make it illegal, a major setback for women’s rights and bodily autonomy.

Many things will be written about this decision, and in fact I’ve already written about it. But one thing is glaringly obvious: this is a thoroughly politicized court of justices, several of whom perjured themselves before the Senate during their confirmation hearings.

Oh sure, they all talked carefully, saying neither “yes” nor “no” when it came to Roe v Wade. But the new justices all made noises about respecting previous court decisions, like Roe v Wade, suggesting that they wouldn’t reach a sweeping decision to overturn it. Of course, it was all BS, and many people knew it at the time. Speaking of “grooming,” recent SCOTUS justices have been groomed for decades to ensure they are against abortion and for business and corporations.

We now have a thoroughly partisan and mean-spirited court majority that will always side with business and corporations against the individual and who apparently believe that guns have far more rights to privacy and autonomy than women do.

A 6-3 majority court that embraces and advances gun rights while denying privacy and bodily autonomy to women is truly an American court.

A small coda: Shame on the Democrats for not codifying Roe v Wade into law. Even when Obama had a super-majority and promised abortion rights would be his first priority, he waffled because he just didn’t care. Now Democrats will cynically use this SCOTUS decision to raise funds. It’s just my opinion, but they’ve proved by their gutless inaction that they deserve none of your money.

The clock is spinning backwards, America. Will it stop in the 1950s — or the 1850s? And don’t forget that the 1850s were both bloody and led directly into the U.S. Civil War (1861-65).

Another small coda: I hate the calculated cowardice of these decisions that are announced on Fridays as a way of trying to limit controversy and outrage, as people’s attention is distracted by weekend plans. Dropping the bad news late on a Friday — it’s a tired approach by cowardly institutions.

One final saying: I think an anonymous female taxi driver had it right: If men could get pregnant, abortion would be a sacrament.