25 March 2012 Posted on BlackState 25 March 2012
When did the right wing dominated United States Supreme Court actually jump the shark? Was it Bush v. Gore or was it their decision in Citizens United. Where the results in this election season are already being felt. Two brothers with a fortune in the billions have pledged hundreds of millions of dollars to defeat President Obama. The previous largest expenditure one could contribute was a few thousand dollars. The fact that just a couple of billionaires with a hundreds of millions can drown the voices of millions is astounding. This is not political speech. This is simply buying elections. The Court can not pretend like they did not know this would be the outcome the four dissenters in Citizens United warned this would be the outcome. Ultimately, Citizens United will go down as one of the worst Supreme Court decisions of all time joining the likes of Dred Scott, and Plessy.
Affirmative Action Case Probably Already Decided
Speaking of Plessy. Chief Justice John Roberts would like nothing more than to revisit the holding of Plessy. Well maybe not quite but he certainly does not believe in remedies for African Americans who have been discriminated against. He ignorantly and dangerously equates a remedy for the wronged as discrimination against the wrongdoer.
So why should the Roberts Supreme Court even hear oral arguments in the affirmative action case Fisher v. University of Texas? The case is already decided before briefs are filed or oral arguments heard. Justice Sandra Day O'Connor in 2003 upheld affirmative action in the last challenge to its constitutionality stating that race could be used as a factor along with other factors to create a diverse student body. She was wrestling with the question of how do we not end up with all white institutions especially given the history of race in this country which created a caste system based on white privilege. What to do when a black applicant and a white applicant have the same qualifications (however, studies have revealed that those with “black sounding names” will face discrimination down the road in the job search). Justice O'Connor thought a limited use of race would be sufficient for about another 25 years. However, just 9 years later Justice Roberts took this case as another opportunity to once again overturn what many thought was settled law.
The Roberts Supreme Court has shown nothing but pure animist toward minority litigants and nothing but doctrinal loyalty to their right wing federalist society agenda. Can anyone think of case where the right wing controlled Supreme Court actually found that a person of color has been discriminated against which is by far the majority of incidences. Yet the Supreme Court can not find a remedy for African Americans, Latinos, or women managers at Walmart who have been discriminated against. Justice Clarence Thomas has articulated such personal hatred toward affirmative action based solely on his own experience that he should recuse himself of forced to be recused. He should also be recused from hearing the case on health care because his wife's ties to right wing groups seeking to repeal the affordable health care act. But that will not happen.
Let us not forget that it was again a 5-4 right wing Supreme Court that gave us Bush v. Gore and the horrific presidency of GeorgeW. Bush which then spawned the appointment of two right wing judges Alito and Roberts. This Supreme Court is one of the most conservative since reconstruction and its already bearing similar fruit.
The Roberts led Supreme Court is determined to be a political factor. This is why they decided to take on the Affordable Care Act Obamacare in an election year, why they decided to hear an affirmative action case during an election year, a redistricting case that favors Republican districts. Does anyone really think that Clarence Thomas whose wife has worked to overturn the Affordable Care Act is ready to hear oral arguments with an open mind. The strength of the Supreme Court is one that relies on the people recognizing its legitimacy. With each and every 5-4 right wing decision, their legitimacy decreases.
Reform of the U.S. Supreme Court needs to be an issue in this Presidential election. It has a majority of Republican appointed judges that actually do not look at the law impartially. We can not have a Supreme Court where you know the outcome of cases before briefs are filed or oral arguments.Five members of the Supreme Court have a political agenda cloaked under legal reasoning. There should be a modicum of fairness when a case is being heard. The American people should know whether their Supreme Court Justices are impartial or are they merely seek to implement a political agenda through judicial means. If this is the case all options need to be on the table including Constitutional Amendments to term limit the justices, President Obama adding an additional 2 or 4 seats, and impeachment.
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