The radically reactionary McConnell/Trump/Roberts “court” has finished its demolition of the Constitution and traditional American legal standards, norms, interpretations – for now.
this “court” has now, perhaps forever, discredited what Americans, 1789-2000, had understood to be an “independent’ body. The far-right’s 1968 – planning has now proved successful. They’ve created perhaps an almost perfect “kangaroo court.”. A “court” like ones in Putin’s Russia, communist China, Nazi Germany, that reach predetermined decisions.
As JohnDean predicted [2007], they’ve dressed it up in mumbo jumbo “making it all seem very logical, reasonable, consistent.” A BIG. SNOW. JOB.
Every patriotic American should read John Dean’s “Broken Government How Republican Rule Destroyed the Legislative, Executive, and Judicial Branches.” On the Supreme Court, don’t just read pages 119-174, MEMORIZE THEM. Why? Because Dean’s and others predictions have become true.
Begin with this: “..if you show me an appellate judge who says he or she never lets his or her politics or personal beliefs influence their decision making, I will show you a judge who is either a liar or without sufficient intelligence to be on a higher bench.” [120]
Chief Justice C.E. Hughes: “90% of judicial decisions are based on bias, prejudices, and personal and political motivations, and the other 10% is based on the law.” [123]
Page 126: “Nixon’s Politicalization of Supreme Court Appointees”
Page 130: “Reagan further politicized the third branch by seeking to place solid conservatives throughout the federal judiciary, in courts high and low, in an effort to tilt the entire federal judiciary to the hard right.”
Pages 134-37: “It has remained a disquieting fact that Rehnquist perjured himself to become chief justice, not once but several times…There were other matters he clearly lied about as well..”
Pages 137-43: Robert Bork: “Bork, whom Reagan’s own staff had described as a “right -wing zealot,” was chosen to please the right-wing base…Conservatives who share Bork’s views do not want to see themselves as extremists, so they need a good tribal myth to explain his rejection.”
Pages 146-53: Clarence Thomas: “Lee Lieberman..a cofounder of the Federalist Society..believed with Thomas they had a “Black Bork.”
“..because he was consistently untruthful. Most memorable..because it was so unbelievable – was his claim to Senator Patrick Leahy..that he had no position on Roe v. Wade..and that. he had never discussed the case with anyone..So unbelievable was Thomas’ position about Roe that even his foremost supporter was ready to abandon him. Paul Weyrich..”remembered that Thomas had expressed an opinion on..abortion in prior meetings with him. He found Thomas’s lack of candor “disingenuous’ and “nauseating’…Weyrich seriously considered withdrawing his support of Thomas.” Pages 149-53 corroboration of Anita Hill, by 4 witnesses going back to l981-82.
Pages 160-61: Roberts and Alito: “..a former Supreme Court law clerk…Which leaves our friends Roberts and Alito. I am quite torn on them. There is a strong argument that both of these guys are ‘closet fundamentalists’ who use the rhetoric of conservative minimalism..my gut tells me both of them are closer to Scalia and Thomas than we may think..I fear they are fundamentalist true believers who have behaved s moderates to move up the ladder…four fundamentalists..almost always reaching the same results but dressing their decisions up in the language of conservative minimalism.”
Pages 160-61: quoting Martin Garbus.. a chilling picture f where he believes the current conservative justices will take the law: “Imagine the effect on our lives if workplace standards for health and safety were severely cut back. If abortions were banned, no exceptions; if minimum-hour and wage laws were so reduced as to be meaningless; if child labor laws were abolished or weakened; if there were no gun control at all..if the law abolished equal rights..if the state took money from public schools and gave it to parochial schools; if regulatory agencies..were so gutted or handcuffed..if Congress’ ability to pass needed social legislation ended. All this and more are the declared goals of the Radical Right who now dominate the Republican Party on matters related to the judiciary.”
This statement was made in 2007 – look how much the M-T-R “court” has already done!!!!!
Dean’s predictions, 2007, pages 163-74, if American law was radicalized by a fundamentalist Supreme Court. “Judicial fundamentalists are more likely to effect changes in the law by selecting and resolving particular cases and controversies and working slowly and steadily to implement their radical transformation of existing jurisprudence, making it all seem very logical, reasonable, and consistent.”
Dean’s specific areas of what the McConnell/Trump/Roberts “court would likely do:
1]. unilateral and unitary presidentialism – few restrictions on presidential powers
2] elimination of campaign finance restrictions – CHECKED OFF!!!
3]. restricting congressional powers. – started under Rehnquist [“the least deferential of any in the history of the U.S.
Supreme Court”]
4] business will have a friendly court – CHECKED OFF!!! [most business-friendly since 1945!!!]
5]. direct impact of judicial fundamentalism on individuals”
a] abortion – “either overturned or so limited as to be meaningless” – CHECKED OFF
b] affirmative action – on the M-T-R docket for 2023
c] Bill of Rights – “Thomas, Scalia, Roberts, and Alito are dead set against the application of many Bill of Rights
amendments against the states.”
d] civil rights – “Civil rights are not favored by judicial fundamentalists..do not believe that equal protection of the
14th Amendment even applies to women, so gov’t can discriminate women as it sees fit.”
e]. cruel and unusual punishment – “Fundamentalists fully embrace the death penalty.”
f] environmental protection – “Fundamentalists believe there is no constitutional foundation for a federal E.P.A.”
partially done in 2022!!!!!
g] free speech – far less protection for free speech [unless you claim “religious rights” – see 2022]
h]. gay rights – Scalia fumed at “Lawrence” promoting “immoral and destructive’ conduct
i]. guns – fundamentalists believe gun control is unConstitutional – partially CHECKED OFF
j] habeas corpus – fundamentalists want to restrict this – already partially done
k]. religion – fundamentalists want to destroy the “wall of separation of church & state” – largely CHECKED OFF
l]. sex – judicial fundamentalists want to reverse “permissiveness that has been tolerated. “Under a fundamentalist ..
Court there will be substantially more prosecutions..for sex-related offenses, even..consenting adults.”
m]. standing to sue – fundamentalists “have consistently refined such procedural matters to make it increasingly
difficult for plaintiffs to use federal courts..” – already begun!!!
n]. voting – “Judge Bork..has called the one-person, one-vote doctrine a “fiasco.” The M-T-R “court” has already
declined to stop gerrymandering
Page 173, paraphrasing Sunstein: “Fundamentalists read the Constitution not to fit original understanding [the doctrine they claim to embrace] but the views of the extreme wing of the Republican Party.”
After the May, 2022, lea of Alito’s draft overturning “Roe”, a law professor said virtually the same thing. At least one book [Marcosson’s “OriginalSin”] has been written documenting how Scalia and Thomas were “originalists” when it suited, not when it didn’t. A 2022 Supreme Court dissent said similar things.
All the above is just the BEGINNING. A book shelf has been written DOCUMENTING how, since 1968, Republicans and their right-wing funders have been shifting American “law’ to the right. that the M-T-R “court” is THE most “business-friendly” since 1945 is NOT an accident. The complete plan is to bring America back to pre-1933 in everything, if not to pre-1900.
The Founders had 4 major fears: corruption, slavery, religion, mobs. 1980-2022 America has now revealed their fears to be very real. the Republican destruction of American government is part of the plan – is OCCURRING RIGHT IN. FRONT. OF. YOU. This too is documented [MacLean’s “Democracy in chains”]
The sensational part of the far right plan to create PLUTOCRATIC THEOCRACY is dramatized by the 4th investigation of the monumentally CORRUPT Trump regime. The much quieter, much longer, much more successful, plan to CHANGE THE RULES OF AMERICA has been going on for 50 years – in the Supreme Court.
JohnDean predicted almost all of this- in 2007.
“The Ship of Democracy, which has weathered all storms. may sink through the mutiny of those on board.”
[President Grover Cleveland. 1894]
“Deliver my soul, O Lord, from lying lips, and from a deceitful tongue” [Psalm 12:02] o
With Justice For All 