Andrew Jackson: “I am of the opinion that a good judiciary lends much to the dignity of a state and the happiness of the people..On the Contrary a bad judiciary involved i. party business is the greatest Curse that can befall a Country.”
I. The Roberts “court” violates the property of “descriptive representation.” This concept dates to classical Athens and their lottery machine, the kleroterion. [Scientific American,; November, 2022; “A More Perfect Algorithm”}. It was designed to give citizens the feeling their assembly was a legitimate body [a LEGITIMATE BODY] that truly represented ALL citizens. The Roberts-McConnell-Leo-Trump “court” most certainly DOES NOT represent America – a realization of such is at the heart of rapidly increasing distrust of this “supreme court.”
The current 6 Republican appointees DO NOT represent America in virtually ANY way: demographically, legally, Constitutionally, Amerficanly. This is well known by documented Republican selection methods for the judiciary.
Republican judicial nominees at ALL levels carefully screened by two groups – themselves NOT representative of America: social conservatives for “correct” religious and other beliefs, Federalist Society network members for “correct” legal and Constitutional beliefs. Republican president, George W. Bush was deemed careless, resulting in a public right-wing rebellion against his first choice. He was forced to substitute Samuel Alito.
There are about l.35 million American lawyers. About 70-75,000 of these belong to the Federalist Society network. Republican judicial nominees are most likely to to be chosen from that Society. The Federalist Society began because “conservative” legal activists believed the American Bar Association was “too liberal” [news to most Americans!!!]
The Roberts-McConnell-Leo-Trump “court” rated, before 2022, THE most “business-friendly” supreme Court since at least 1945. Corporate activists before this “supreme court” prior to 2022 [another win] had a 70% “win” rate
Distinguished law professor and legal scholar Erwin Chemerinsky, in “Closing the Courthouse Door…How Your Constitutional Rights Became Unenforceable<” discusses how, case by case, ordinary Americans have/are losing access to courts. Much of this would have been lawsuits against corporations.
***Justice Black: “Power corrupts, and unrestricted power will tempt Supreme court justices just as history tells us it has tempted other judges. For unfortunately, judges have not been immune to the seductive influences of power, and given absolute or near absolute power, judges may exercise it to bring about changes that are inimical to freedom and good government.”
In June, 2008, 7 of the 9 sitting justices were millionaires. Currently it is known Roberts, Alito and Gorsuch are millionaires. Only the sole Hispanic, Sonia Sotomayor, is said to have been from a “lower class” background.
Senator Sheldon Whitehouse, [3/27/2019]: “Within the Federalist Society, is an operation funded by dark money and designed to remake the judiciary on behalf of a distinct group of very wealthy anonymous funders..90% of Trump’s appellate judges and both supreme court justices are members..there are three Federalist Societies”.. the third Federalist Society “is the vehicle for powerful interests..to acquire control of the judiciary to benefit their interests.”
All 6 current Republican “justices were raised Roman Catholic. 5 are males. All but one Republican Supreme Court nominee since 1982 were raised Catholic. And this man was later ostracized with the mantra “No more Souters.”
In 2007, law school professor Jeffrey Rosen: “..right now we have a Supreme Court that religiously at least, by no means looks like America.”
***Double Standard Warning: much more in a later post on Article Vi violations. Repubs/right-wingers can select “conservative” religious nominees, even ones with documented hostility to the religious rights of other Americans. BUT – Nobody, including YOU, and especially me, is allowed to question this – as it would be “unfair” or deemed bigoted for any of US to call the Repubs/right wingers on THEIR own bigotry. See the attacks on Senator Feinstein!!!! And then – for perspective, see “Justice on the Brink,” pgs XXII-XXIII for a response by Catholic theologian Cathleen Kavery.!!!!!!
November, 2022, Pew Poll: “Do you think supreme court justices should or should not bring their own religious views into how they decide major cases? U.S. adults: should NOT – 83%
October, 2021 Pew Poll: The federal government should enforce separation of church and state – 54%, should stop enforcing it – 19%
October, 2021: the federal government should never declare any religion official – 69%, declare the U.S. a Christian nation – 15%.
Prior to the notorious 20231-22 “supreme court” session, religious activists [usually “conservative”] had an 85% “win” record with the Roberts “court.” They were 3 for 3 in 2021-22.
PERSPECTIVE!!!: “Every other Supreme Court, religious “rights’ won 44% of cases.”
*****”The Deal”: “Christian nationalist preacher and Trump acolyte Robert Jeffress discussed the case [Roe] on Fox News, explaining “the deal”; “We’re gonna see now what the justices do and if they uphold their part of the deal.” Trump and McConnell put Barrett on the court, and the court finally ends Roe. That was the deal.” [“American Crusade’]
A 9/9/22 article discussing a combined poll revealed “Citizens are united in more ways than you might think” [Steve Corbin], on more than 150 issues, including abortion, gender issues, gun control, immigration, voting, overturing “Citizens United,” rolling back 2017 tax cuts.
The McConnell-Leo-Trump-Roberts “court” has ALREADY issued decisions against what the American public said they wanted done, on what is “justice.”
***”It is a misfortune if a judge reads his conscious or unconscious sympathy with one side of the other prematurely into the law, and forgets that what may seem to him to be first principles are believed by half of his fellow men to be wrong.” [Supreme Court Chief Justice Oliver Wendell Holmes, Jr]
Winter, 2022, S.P.L.C. Report, Margaret Huang: “Today, extremists are using our statehouses to incubate shameful copycat laws that seek to control our bodies, whitewash our history in the schools and criminalize LGBTQ+ children. And rather than end discrimination here in the South, a majority of justices on the Supreme Court seem intent on making it the law of the land.”
Within the overall PATTERN of questionable Roberts “court” opinions, can be found the following:
– embarrassing: “Shelby County” – the “court” claimed “the South has changed,” with regard to restricting voting,
especially by Black Americans. Within hours [!!!!!] of this decision, Texas reinstated a restrictive
voting law previously declared unconstitutional; quickly followed by other Confederate states
and Republican dominated legislatures!!!!!!!!!!!!!!!!!!!!
– destructive: “Citizens United” – based on a unique “free speech” interpretation, which one legal analyst said amounted
to laundering money through a lobbyist. Statistics show the amount of money spent influencing political
decisions has DOUBLED. The American political system is inundated by floods of money, much of it
“Dark Money” of unknown origins. Ordinary Americans recognize the danger to democracy, and
decisively want “Citizens United” overturned.
– ahistorical: “Dobbs”, infamous and divisive; written in similar terms to infamous “Dred Scott” opinion – claimed
FALSELY abortion was not in American tradition or history. For 2,000 years, most civilizations had
contraception and abortion practiced. English immigrants brought English abortion law. Textbooks
were written with abortion. Midwives and doctors performed American abortions. No state criminalized
abortion until 1821. Alito”s “not in the Constitution ignores Amendments I, III, IV, IX.
– unConstitutional: “Espinoza”: 5 Republican “justices” said Montana taxpayers must subsidize a religious school; also
claimed Montana guilty of anti-Catholic bias, dating from 19th century. “Facts” WRONG!!! Bias by
whom in the decisions??? 5 “justices,” the products of Catholic schools/churches? 1776 era state
constitutions – New Jersey, Article XVIII: “nor shall any person..ever be obliged to pay tithes, taxes,
or other rates, for the building or repairing any church..or for the maintenance of any minister..
contrary to what he believes to be right..” This was NOT directed at Catholics.
– laughable: “Hobby Lobby” – Andrew Seidel, “American Crusade,” Chapter 10, DESTROYS the Republican men”s
argument, pointing to “five major failings”: religion trumps reality, Hobby Lobby’s
hypocrisy, when ‘choice’ matters, there was no burden on the Green’s religion, Alito
rewrote the lines. Dissenting justices laid bare the “startling breadth” of the decision.
A state Supreme Court Chief Justice: Hobby Lobby violates corporate law principles.
All the above, a mere sample, illustrate how FAR OUT OF TOUCH WITH AMERICA this “court: is. Equally important, OUT OF TOUCH WITH 1789-2005 AMERICAN LEGAL TRADITION. They claim to be :originalists” – interpreting the Constitution as the Framers wrote it. Leaving aside for now the questionable wisdom of THIS – in case after case – the FACTS show THEY ARE MAKING THIS UP!!!!!!!!!!!!!!!! In explicit quotes, documents, constitutions, the Founding generations, 1776-1800, OPPOSED much of what the McConnell-Leo-Trump-Roberts “court” has done. Legal papers and books have been written on how their “Originalism” is BIG LIE, a big covering excuse, a JOKE.
As many books and papers have said, the principles behind this “court”s” decisions are often, NOT the Constitution, but are Republican and/or right wing nut political ideas. Many parts of the Constitution and Amendments are in direct OPPOSITION to this “court.” This isn’t rocket science!!!!!!!!!!!!!!!!!! You can research this for the truth – real past American history and legal work. Simply find real, honest, truthful scholarship. WARNING : the forces behind the coup are VERY good at making up junk history and “opinion.” Their “think tanks” are well funded. Their stuff gets into mainstream press. They’re definitely among the internet idiots. This misinfo is a BIG reason we have a divided America.
Go back to the principles of the Declaration and Constitution’s Preamble. Find the 1776 state constitutions. Look at what was discussed in the 1787-89 debates on the Constitution. Find documents like the Virginia Declaration of Rights. Research the Founders’ 4 major fears: corruption, slavery, religion, mobs. See how their fears still exist. What did they mean by a “virtuous republic”? Find out WHY “God,” “corporations” are NOT in the Constitution. Find out WHY the “Bill of Rights” HAD to be added. Find out what Chief Justice John Marshall said about general principles in the Constitution – and WHY the Constitution does NOT tread like a math textbook.
When you have done some of this – THEN – it will become obvious to YOU – WHY the Roberts “court” is Illegitimate, unConstitutional, unAmerican, Destructive, Ahistorical.
With Justice For All 