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A Tale Of Two Decisions

The Supreme Court had an eventful week. First they overturned a New York law that made gun owners justify why they should be given a concealed carry permit with the majority saying it was unconstitutional. Then this morning the same Conservative majority decided that the 50 year old Roe V. Wade Supreme Court decision was not a Constitutional issue and that it should be up to individual states to decide.

These decisions make it obvious at least to me that a 233 year document written by wooden teeth wearing slave owners with wigs whose most dangerous weapon was a single shot flint lock rifle hurling round balls at you is hardly something to base your modern societies laws on. In fact our founding fathers thought the same thing when they wrote into that document a procedure to update it, something that has been done 33 times.

Admit it or not, the Supreme Court has become a legislative body interpreting issues that they somehow twist and turn into fitting some obscure writing usually with a partisan bend setting precedents on issues that our founders could have never considered and we are left with the results.

The problems in our society today can not longer be solved referring back to a piece of paper so old that it cannot be handled without falling apart.

Since it is obvious that a rewrite will never happen it is time for us to start taking our political system more seriously. The fringes of our society have shown more energy and willingness to put people like Donald Trump, Bernie Sanders, Andrea Ocasio Cortez, Majorie Taylor Greene, and Lauren Boebert into office not only making us a laughing stock but also giving the lunatic fringe a voice.

Democrats and others upset at Roe V Wade being overturned should first look at their legislators. Constitutionality aside, the pro-choice supporters had 50 years to codify Roe which would have made this court decision moot. That did not happen and a new plan now needs to be formulated.

To prevent this in the future we need to recruit and find honorable, intelligent people willing to work with everyone to legislate our future. People willing to put the country ahead of their party and who are willing to listen to their constituents and stop listening to those that have the most money. This needs to happen at the local, state and national level and needs to start now!

If it doesn’t happen you need look no farther than in the mirror.

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The Supreme Court’s Image Problem

Chief Justice John Roberts recently complained that the leaked draft opinion that would overturn Roe V Wade had tarnished the image of the court. He is so incensed, he has taken to starting an invasive investigation of the clerks and others working in the court in an effort to find the leaker.

Now I would certainly agree with Justice Robert’s view that the courts image is damaged, I would suggest though that it has been going down hill for years and the leak is just the latest in a string of issues

Growing up I always looked at the Supreme Court as a non-partisan institution that was beyond reproach. To me they were 9 individuals that looked beyond partisan politics and interpreted the law based strictly on the Constitution. As the years went by it became more and more obvious to me that the Supreme Court was just another partisan organization who decisions revolved not on the law but on which party had been able to load the court with their judges.

Anyone who still believed that the court was non-partisan even after watching the majority of decisions being made along the lines of which President had nominated the judge, could no longer deny this after President Obama nominated Merrick Garland for the Supreme Court in early 2016.

Soon after Garland was nominated, the Senate led by Mitch McConnell announced that they were not going to consider Garland’s nomination and would instead wait for after the election 8 month’s later in hopes that a Republican would win and therefore be able to choose his nominee. Of course this happened and Donald Trump selected Neil Gorsuch and the rest is Supreme Court packing partisan history.

So Justice Roberts, yes your court has an image problem but no, finding the leaker will do absolutely nothing to fix it. If and until the court actually rises above partisanship, it will continue to be looked at no better than the rest of our political system. If you don’t like a decision, just work to stack the court in your favor and eventually you’ll get the decision you want regardless of its Constitutionality.