Think in terms of a coup, a slow-moving coup. think in terms of a planned counter-revolution. think in terms of murder. the current “supreme court” is NOT a “court.” It is the end station of a deliberate process to remake America, by changing the rules. tis has evolved over the last 50 somer years. It began under Nixon. the first major act was “Reaganism.” the second major act was “Bush-Gore. The third major act is the Roberts “court.” The fourth major act was January 6, 2021.
American law, American democracy, American decency, are being murdered in a “death of a thousand cuts.” This process is well organized, extremely well financed. The end object if a theocratic plutocracy. One that takes America back to 1787 – an America ruled by rich white male Christians.
Let the evidence speak for itself, 1968-2022. Let the PATTERN of “supreme court” decisions be the proof. WHO are the consistent “winners” and “losers”???
Let the major tests be the words of the Declaration of Independence, the Constitution’s Preamble, the 1776-1800 state constitutions, the Bill of Rights, the content of the Constitution’s ratification and adoption of the Bill of Rights, the words and acts of the Founders in 1776-1800; and – how these documents were seen by judges, public servants, and the American people, 1776-1968.
This first article is only a broad outline of the case against the current reactionary Republican dominated “supreme court” and Republican “justice,” l968-2022. Details will follow.
This “court” claims to be following American history; they claim to be upholding the “original intent” of the Founders. THEY. ARE. LYING. This “court” is ahistorical, illegitimate, un-Constitutional, un-American, and destructive. Their own actions refute their claims. One of the Crusaders claimed they weren’t political hacks. YOU decide. What do their own words and actions illustrate? What is their pre-“court” and “court” behavior? WHO are the “winners” and “losers” in consistent PATTERNS? Why are major decisions virtually predictable?
SOME of the charges against the ever increasingly reckless, arrogant, and destructive McConnell-Trump-Roberts “court” are listed below. Much more depth, in detail, will be forthcoming.
I. The Roberts “court” violates the property of “descriptive representation.” This concept dates back to classical Athens and their lottery machine, the kleroterion. It was designed to give the citizens the feeling their assembly was a LEGITIMATE body that truly represented ALL citizens. The McConnell-Trump-Roberts “court” most certainly does NOT represent America, which is at the heart of Americans increasingly distrusting them.
II.The current Republican appointed majority have violated their oaths of office. Each federal judge takes this oath: “..that I will administer justice without respect to persons, and do equal right to the poor and the rich..” The total PATTERN of “winners” and “losers” during the Roberts “court” tenure easily refutes they have done this requirement; let alone if their decisions have in fact defended the Constitution as it was known, 1789-2004.
III. This “supreme court” has violated the Constitution’s Preamble: the American government exists to: “..form a more perfect Union, establish Justice, insure domestic Tranquility…promote the general Welfare..” Many of their decisions have produced chaos, allowed corruption. The PATTERN of these decisions has produced “winners” and “losers” that have worked against Union, Justice, Tranquility, the general Welfare of Americans.
IV. They have violated Article VI: “..but no religious test shall ever be required as a Qualification to any Office or public Trust under the United States>”. The well known and documented process of selection by the Republican Party since at least 1980 demonstrates that they, and virtually EVERY Republican judicial nominee, WAS. subjected to TEST. of their beliefs. If not “pro-life” [the TEST] they were highly unlikely to be chosen.
V. This “supreme court” has violated Amendment IX: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” The current 6 Republican “justices” claim to be following a jurisprudence of “original intent,” which says anything not in the Constitution is not protected. A recent 2022 major decision stated a certain long-term right wasn’t protected because it wasn’t in the Constitution.
VI. This “court” has violated Article V: the process for amending the Constitution. NO Supreme Court can amend [change, alter, delete, add provisions to] the Constitution. This “court’, by its attacks on Amendments I, II, III, IV, IX has attempted to, in reality, amend the Constitution. It has by its decisions weaken3d American access to protected, and often long respected, basic Constitutional rights.
VII.The 6 Republican “justices” have violated tenets of Article III, Section I: “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior..” Consider all of the above as violations of “good Behavior.” Consider also the personal conduct of the Republican “justices” off the bench. They have become increasingly bold in their public appearances and words taking on a highly partisan flavor – raising questions about their objectivity. Consider also their Senate testimonies – many of which are now seen unfavorably in terms of truth and honesty.
VIII. This “court” has violate4d basic American principles, as understood, 1789-2004. Begin with “.. all Men are created equal..endowed with certain unalienable rights..” Go to the Bill of Rights and basic American freedoms>. How many of these rights, well documented and understood, 1789-2004, have been weakened?
IX. They have violated the basic principle of courts as neutral, fact and precedent respecting bodies. It is DOCUMENTED this “court” has IGNORED inconvenient facts, or lied about them, or twisted them. How many times have you seen this: “the expected ruling..”? Why is THAT phrasing often used? Examine the Roberts “court” track record for WHO the big “winners” have consistently been. You need not go back any further than the infamous 2022 decisions.
X. They have violated the confidence and trust of the American people – that decisions will be fair and rational, a just one. More and more, especially after 2022, the American people sees the Roberts “court” as a “kangaroo court.” There was a public process, but more and more, suspicions are this was all done for appearances.
XI. Their destructive decisions have made corruption more likely. “Citizens United” has led to American politics being inundated by floods of money, much of it ‘DARK’ from domestic and foreign sources. “Shelby County” has led to numerous state laws trying to prevent [the “wrong”] people from voting – gutting a law that worked. They have refused to end gerrymandering, which from its entire history has produced corrupted voting.
XII. Some of their decisions have resulted in cruelty. “Ledbetter” was so egregious that Congress passed relief. In another case, an innocent man was allowed to be executed. Another decisions denied military women, who it was documented, had been raped. Books have been written about “supreme court” cruelty and callousness.
XIII. Increasingly, legal commentators are edging toward this: the theme of the Roberts “court’ as a very real THREAT to American democracy. They have had chances to rule against practices such as gerrymandering, with both a Democratic and Republican case – and refused to do it. This should have been easy. This is only the beginning….
XIV. Increasingly, after Roberts “court” rulings, commentators will describe the decision as having been written “BY PEOPLE ON A MISSION.” Fellow Supreme Court justices have used similar language, such as “they did this because they wanted to.” Several of these Republican “justices” said in their Senate confirmation hearings that “they didn’t have an agenda,” that they were only umpires “calling balls and strikes.” They DIDN’T tell us where their strike zone was.
For Perspective:
1] Research the careers and background of major Republican “justices since 1970: Rehnquist, Scalia, Thomas, Roberts, Alito. What were their pre-court careers? How have they conducted themselves in public and on the bench? What has been the RESULT of their decisions? For example, one of them was proven wrong for his rationale for a 2013 decision within 24 hours!!!!! [ and many others that followed!!!]
2] Research WHY the Roberts “court” is labeled “the most business-friendly” supreme “court’ since 1945. What has THIS meant to American society and people? Before the notorious 2022 decisions, the Roberts ‘court” had given the “religious right” a “win” in 80% of their decisions! The “religious right” was 3 for 3 in 2022!
3] Research the cases the Roberts “court’ has taken since 2005. WHY did they take THESE particular cases? After changes in personnel, they accepted cases that previous Republican dominated “courts” had rejected – WHY????? The laws in question did NOT change. Research this “court”s” use of the “shadow docket”!!!!!!!
4]. The Constitution’s Framers designed a three-part American government so there would be three INDEPENDENT major branches. It is increasingly being said that the Roberts “court” no longer is an “independent” branch. WHY is THIS being said – by mainstream, informed, well respected legal experts and observers? What is the BASIS for what these people are saying?
5]. Make comparisons. Compare the “courts” of Nazi Germany, Soviet Russia, current 21st century authoritarian regimes to the Roberts “court.” These authoritarian regimes are notorious for ‘USING THE LAW’ to protect their power snd people they wanted to protect. Find some of the many media reports on the Roberts “court” “using” cases to reach a desired outcome>. Some will include fellow Supreme Court justices pointing out this fact.
6]. During the Rehnquist “court,” a group of Republican appointed justices- O’Connor, Souter, Kennedy – often restrained that “conservative court” from making bad decisions. Since then, Republican political operatives have had this mantra: “No more O’Connors.” “No more Souters.” What does THIS tell you?????
7]. Do research to find out what Senator Mitch mcConnell meant when he told an aide after the 2016 election that he was going to conduct a “conveyor belt” of “conservative” judgers to the federal bench> Research the McConnell PATTERN of behavior on getting “the proper” judges on the federal bench.
8]. Research the role of advocate groups outside of government in getting “conservative” judges on the federal bench. Research a particular legal network that has an outsized presence in this since 1982. Research the particular leader of this group who was/is prominent in judge selections – he was known as a very religious person. Research the funding of this and other groups – WHO gives them their millions?
9}. Do REAL research – minimal and JUDICIOUS internet use!!! Be careful – the political-economic-social-religious right has a very skilled, often believable propaganda network. Find mainstream studies, papers, articles, books by REAL historians [THEY have one who has written a lot of debunked junk history]. THEY have columnists submitting as blizzard of articles to papers. THEY have talking heads everywhere on media; internet idiots and media morons. i
With Justice For All 