I actually have felt this way for a long time. This past week convinced me I am not crazy. I know what I see.
I know the Court serves no useful purpose for people anymore. It is there to protect the wealth of a tiny minority and the backward views of fanatics.
Lets start with the two big cases (issues) this week — on guns and abortion.
The Second Amendment states the following:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
For the record, I think Americans love guns and if they want them, they should have them.
Yet, for those originalists on the Supreme Court, and those textualists, they need to explain where it says in the Constitution that you can carry any type of gun anywhere, anytime, open, or concealed in the U.S.
It is not written there; yet, they found it somehow or at least six justices on the Supreme Court did. I am using their rules, their crazy structuralism.
This is the level of craziness we have reached on the Supreme Court. I am not saying that the government (or the state) should come for people’s guns. However, that constitutional language above has been pimped and bastardized at this point.
The decision was political. Just like Bush v. Gore in 2000 was political. Just admit that. There is no absolute right to bear arms.
The U.S. Supreme Court took away the right of privacy this week. Most people think it took away abortion rights, the constitutional right to abortion. Yes, it did. But it also torched a right to privacy, especially for women. Women lost control of their bodies.
That’s because once the abortion bans occur, the states passing the bans will have to try to enforce the bans. They have a right to enforce their laws which means to enforce the laws, they will have the right to violate personal freedoms, and basic human rights and the Bill of Rights.
In the case that established the right of privacy, the vote was 7–2. It is a case called Griswold v. Connecticut from 1965.
A husband and wife wanted access to contraceptives for birth control. A Connecticut law, a holdover from the 19th century, prohibited the use of contraceptives. That sounds wild I know. Why is the state in the business of stopping people from family planning? What state interest is possibly at stake? The answer: None.
As a point of emphasis. the two justices who dissented from the 7–2 opinion wrote this in their dissent:
“Since 1879, Connecticut has had on its books a law which forbids the use of contraceptives by anyone. I think this is an uncommonly silly law. As a practical matter, the law is obviously unenforceable…”
Even the two justices who opposed tossing the Connecticut law and establishing a right to privacy, said the law was lunacy. It is.
The important thing is, Griswold is what helps establish the right to an abortion. There is no Roe without Griswold first. It is the same legal concept. Everyone minds their business and the woman can make her decision in private with a doctor.
The right of privacy, control over one’s body, is what establises the right to abortion. This is how crazy the decision is yesterday by the Supreme Court. It is one of the craziest decisions ever. It is the writings of religious fanatics and people who live in a state of fear and superstition. It is exactly why the Court needs to go.
There has never been anything impressive about the U.S. Supreme Court. It is an abomination.
If the Court is going to be this political and let corporate and state power control lives, it should go. Even its good moments are weak.
Here are two examples:
Brown v. Board of Education came after Black Americans were treated like trash for decades. Yes, it integrated society but the goal of Brown was equal education. That did not happen. That still has not happened. The decision was a compromise. It has proven to be a disaster.
Shelley v. Kramer (racial covenants) was handed down far too late. Black people had been plundered for housing wealth for decades by the time of it and that left them in an unequal and unjust position in society. People are usually not told that 22 years earlier the Court upheld racially restrictive covenants allowing the plundering to accelerate.
Most of the crud of the Court we never hear about. It operates quietly and justifies death and destruction. The Discovery Doctrine, the doctrine the Court came up with justifying the strong arming of Indigenous land, is still law. The so called great Ruth Bader Ginsburg voted to uphold that doctrine.
The Court has also supported eugenics (forced sterilizations of women). The Court always sides with the corporate superstructure. Like I said, get rid of it.
In a 2021 survey, only 38 percent of the respondents thought the Court should be abolished. I suspect that will increase now. The Supreme Court is stuck in the 17th century or even earlier.
It is astonishing that people (the justices who are voting for these crazy opinions from a bygone human era) who are allegedly educated think this is the medieval age in their legal thinking.
One thing for sure, they are part of the death spiral of America.
This post was previously published on MEDIUM.COM.
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