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Mastering the Special Master & Politicalizing the Courts
Bear in mind that the courts to which she refers
include Judge Cannon's court, the Federal Court of Appeals for the Eleventh
District, where the appeals of Judge Cannon's decision would be heard, and
possibly even the Supreme Court. These courts are loaded with appointees made
by the defeated former president and it is not unlikely that they would
support him. Law school professors don't make legal decisions. Judges and justices
The Constitution's mechanism for appointing and
confirming these judges and justices does not ultimately serve the
interests of most Americans, as Dobbs vs. Jackson recently proved, when the
SCOTUS did away with the right to an abortion . This will take months, if not
years, to iron out. Meanwhile, national security and democracy will suffer.”
Please go back and read my
posting of September 10, 2022 on this blog in which I delve more deeply into
this problem tracing its trail from the Republican Party, to the Senate, and on
to the Supreme Court.
To How Many People Have YOU Forwarded This Blog Posting?
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Displeasure With SCOTUS Decisions and With the Senate
While recognizing the
Court’s deficiencies, my posting focused on the difficulty of doing anything
about them and settled on making the Court aware of the public’s displeasure
with it and showing that by voting. The last time I looked, expressing one's displeasure with our government
or a part of it was still an acceptable part of democracy and not automatically
an attack upon legitimacy. And that includes displeasure with the
Supreme Court. If my comments on the
blog attack anything, it is the way the Senate is composed and elected. Making that more democratic would remove any concern
among Americans as to the legitimacy of the Supreme Court, as well as of other
things upon which the Senate acts. My
blog posting included the following paragraph:
‘Long term solutions to
repair the Supreme Court’s undemocratic deficiencies, such as increasing its
number of Justices or removing that 'thumb from the
scale,' changing the Constitution’s ‘two seats for each State’
composition of the Senate would take years to even attempt to accomplish. For the
present, then, that leaves the American people with only one thing that they
can do about this power given by the Constitution to the Supreme Court and that
is to show their displeasure with them.’
Obviously, Justice Roberts has sensed such displeasure
and has taken a glance into a mirror.
At least that is a beginning. But
he still claims, as the attached articles quote him, that ‘you don’t want public opinion to be the
guide about what the appropriate decision is.’
But public opinion voicing
displeasure with the Court is not, I repeat, an attack on the Court’s
legitimacy. If my posting attacks legitimacy, it is that of the Senate, which is where the real problem
originates, and not the Supreme Court, although there isn’t very much that can be done about it.
Chief Justice Robert’s concern may be found by
checking out any of the articles written about it. The Washington Post article may be found at https://www.washingtonpost.com/politics/2022/09/10/supreme-court-roberts-legitimacy/ and
the Associated Press article, as it appeared in US News and World Report, may
be found at https://www.usnews.com/news/politics/articles/2022-09-09/chief-justice-john-roberts-to-speak-at-colorado-conference And my
comments are there in the September 10 posting of www.jackspotpourri.com (which may, for some of you, be tacked on at the end of today's posting.)
At another session of the same mee)ting at which
Roberts spoke, Justice Gorsuch said that ‘Improper efforts to influence
judicial decision-making, from whatever side, from whomever, are a threat to
the judicial decision-making process,’ which also makes that same point.
Do you agree
with Roberts and Gorsuch? There is a
delicate balance between our government’s legislative, executive, and judicial
branches, established by the Constitution.
Are these Justices too busy defending their own turf?
Do you feel that
the ‘thumb on the scale’ provided to the Senate by the Constitution may be giving too much
weight to the legislative branch of which the Senate of course is part,
injecting politics into their actions, upsetting this balance? The composition of the Electoral College and
the confirming of judicial appointments is where this imbalance is most clearly
visible, although it exists elsewhere as well.
Some might dream
of changing the composition of the Senate to more accurately represent the
population of the States but believe me, that will not happen. Making this kind of change would require a
Constitutional amendment and because the Constitution requires that three
fourths of the States approve it, it just will never happen. Too many States like it just the way it is,
cherishing their overrepresentation in the Senate. End of story!
Thus, reform of
the Senate would have to occur within that body itself by changes in the
rules by which it operates, such as the filibuster, which would be easier, but
still very difficult and time-consuming to bring about. So don’t hold your breath waiting for that to
And that is
where we stand today, counting on the extreme displeasure of the population
with the actions of the Supreme Court being sufficient to convince at least
three Justices to change their positions, giving more weight to the voices of
the people than Justices Roberts and Gorsuch appear to think is proper. Combatants usually don’t get to choose where they will
meet. But, inexorably, the battleground for this struggle will be Supreme Court deliberations dealing with the right
of women to have an abortion.
It is not illegal to show extreme displeasure with the acts of government, including Supreme Court decisions, and to work to defeat candidates who do not stand up for women’s abortion rights. As a reminder, here is the salvo with which the blog’s September 10 posting concluded. It is repeated here because THIS IS, in my mind, THE WAY TO GO! Day after day, advertisement after advertisement, debate after debate, this should be the message!
“. . . . IF PUSHED TO ANSWER THE QUESTION, MOST REPUBLICAN
OFFICEHOLDERS AND CANDIDATES WILL ADMIT TO SUPPORTING THE REPEAL OF ROE
vs. WADE, even if only to get the votes of the minority
who sincerely supported repeal.
THESE REPUBLICANS MUST BE DEFEATED!
They enable and represent minority rule, which must not be allowed to be dominant in a representative democracy. They must not be allowed to get away with it! IT IS AN ISSUE THAT MUST BE USED AGAINST THEM, SPEARHEADED BY ATTACKING THEIR SUPPORT OF THE REPEAL OF ROE vs WADE.
Failing to defeat them opens the door for such minority rule to
change the acceptance of same-sex marriage, contraception, LGBTQ rights, and
interracial marriage, all made possible through Supreme Court decisions that are now as vulnerable as it
turns out that Roe vs. Wade was.
A Supreme Court which treats the doctrine of ‘stare decisis’ (basing decisions on precedent) so lightly is to be feared.
You must voice your opinion on November 8. Massively!”
To How Many People Have YOU Forwarded
this Blog Posting?
1857 and 2022 - Questions of Ownership and the SCOTUS
This is not the first time that the American people expressed displeasure with a Supreme Court that felt its decisions should not be influenced by the legislative or executive branches, nor the opinion of the American people. In 1857, it ruled that an escaped slave living in Wisconsin for years was still the property of his former masters back ‘down south.’ It’s a complicated story, but the American people expressed so much displeasure with the Supreme Court’s decision that they elected Abraham Lincoln to the presidency three years later. The issue was supposedly resolved by the Thirteenth, Fourteenth, and Fifteenth Amendments and of course, the Civil War.
Current displeasure on the part of the government’s legislative and executive branches, along with that of much of the public, with the Supreme Court’s decision in Dobbs vs. Jackson Women's Health arises from another question of ownership. In 1857, it involved ownership of a person, Dred Scott. In 2022, it involves ownership, manifested by control over it, of a woman’s uterus. But clearly, however much displeasure there might be with the Supreme Court’s decision, it must be resolved peacefully this time around. The best way to do that is to defeat any candidate who supports that decision on November 8. The votes of women may just accomplish that.
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To How Many People Have YOU Forwarded this Blog Posting?
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(A poem that is always worth repeating in these blog postings. To learn more, visit this blog's posting of July 30, 2022, accessible from the Archives off to the right.) JL
The greatness of America
that it does survive
flame it keeps alive.
laws that blossom from the words
Founding Fathers wrote
serve us well today to keep
doesn’t happen by itself,
cannot wish it true,
bottom line, my friends, is that
all depends on you.
To How Many People Have You
Forwarded This Blog Posting?
That’s Not Enough!
By a Longshot