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  • Writer's picturePhilip Drucker

Communique "Imagine There's No SCOTUS" 5-26-2021

Have you ever wondered what would happen if the American public completely lost faith in the US Supreme Court? Seriously, what if after one of those this is the “last straw” activist and highly partisan court decisions, chucking 50 years of settled precedent, common sense and untenable to the great majority of Americans, the President and the sane members of Congress (Democrats) we as a nation based upon democratic principles and mindful of our right to demand our rights of representation, just refused to comply?

With what’s left of John Roberts’ reputation (not much mind you) on the line, and with the addition of two grossly unfit from the word go corrupted justices sitting on the SCOTUS, Beer Brett and Amy the Anti-RGB chomping at the bit to return us to the days of forced marriages and pregnancy as a matter akin to a sectarian glory hole, not to mention that it would be funny except he is still there as compromised and conflicted as they come.

His marriage to conspiracy addled Koch Bros. loving wife Ginny alone should be enough to disqualify his bitch @ss from service but that would require some sort of ethical standards and acknowledgment of potential bias and conflict of interests but, when it comes to Justice Thomas, that ship sailed long ago.

It has been many years since former Justice Antonia "Little Tony" Scalia’s water carrying lap dog and useless second groin appendage has shown even lip service that he was interested in the truth, justice, equality, or following precedent. You know, doing his job?

Yet, still he squats upon his drone throne, famous for asking a question every so often like Moses coming down from the Mount, while we the sane majority, wait for every conservative’s ultimate wet dream activist stooge, willing to vote however he is told, who for many years claimed the title of “most likely to get away with lying during his confirmation” finally slinks away hopefully with his pubic hair still between his legs.

What if I told you the day of such a wrong-headed decision overturning established precedent from which there may be no return from these three incompetent imbeciles plus two more alt right religious judicial “champions” (Brett and Alito come to mind Roberts still being a toss-up) is on the judicial calendar for later this year?

There are six justices who have shown a willingness, if not an eagerness to “cancel culture” for religious reasons in violation of the 1st Amendment your rights to practice the religion of your choice without undue burden, in favor of playing up to the crazy whack jobs out there who have bought the best SCOTUS money can buy and with payback from the Courts humongous tax breaks and virtual fiats of religious intolerance disguised as faith.

This greatest hits list of quid pro quos past and all violative of the separation of church and state, includes big ticket high priority societal issues such as a sectarian baker (is there such a thing?) not having to bake a wedding cake as part of a gay wedding ceremony and perhaps a bit more on the serious side, allowing employers an “opt-out” from paying for contraception as part of their employment benefits package, aka “family friendly” health insurance, although the recipients may not share the same religious views on the subject.

Last time I looked it was also unconstitutional to favor the establishment or endorsement of one religion over another, you know, that pesky Establishment Clause thingy that Justice Thomas continues to express lingering doubts about concerning two and a half centuries of settled precedent, the scope and effect of the 1st Amendment upon the different governmental entities, states included, all of whom are under our current law equally subject to abide within the constraints of our Constitution? Wow. Just wow.

And so, against this somewhat bleak background, this stellar group of jerk circle jurists, will decide whether Mississippi’s latest set-up case limiting and controlling a woman’s right to make decisions regarding her body will be before arguably the most corrupted SCOTUS in recent history. - Dobbs v. Jackson Women’s Health Organization

Oh, you say, it’s only another how many weeks before, after and in-between blah blah blah case sure to be rejected or minimized to a “narrow” in certain cases ruling not applicable to anti-abortion laws in general. But I am afraid this will not be the case.

For this is the Roberts Court and as evinced by the completely wrong-headed and quite frankly cringe worthy, embarrassing decision in Citizens’ United, who is more than willing to take a case under the guise of deciding a targeted issue and expand its jurisdiction to entertain and decide issues no one has asked them to.

Citizens’ United was originally a case about corporations, a silly video tape and existing election law. What ended up happening was a complete and unwarranted overhaul of anti-corruption laws that had been on the books since the time of Teddy Roosevelt and, yes, they worked. Now, as a direct result of judicial conservative activism and overreach, we? will all have an almost unlimited right to pour as many millions in dark money to the campaign of our choice.

Prior to Citizens’ United, this was called, bribery, corruption, pay-to-play and illegal. Now? Justice, including enormous tax breaks for the wealthiest among us is on sale to the highest bidder, consequences to the general public be damned.

With this precedent, as well as a similar attack upon the Voter Rights Act of 1968 gutting another program that was working, this time regarding suspect racist voter suppression laws, would it truly be a stretch for this Court to take it upon themselves to decide whether life begins at conception, and in the process vacate the key ruling in Roe v. Wade, and as a practical matter eliminate any federal protection for what is at the moment a woman’s fundamental right to have an abortion?

Of course, they will. Think about it, what is the downside? More mortgages and country club fees? The various religious lunatics and members of Congress along with most rich folk will find a way to get an abortion if necessary. The only persons who will suffer, and not just physical pain, but die from unsafe procedures will be the politically powerless and poor folk who if we use history as our guide, will do what they need to do, clothes hangers being relatively inexpensive, you know pregnant children can get them for free with the dry cleaning they don’t do for washing work clothes they down own for the job they don’t have, and widely available.

Do not be fooled. If the Court strikes down Roe, the number of abortions will not be automatically lower. The number of safe abortions? That’s another matter entirely. Teens won’t magically tame their hormones and adoptions will not miraculously skyrocket.

Meanwhile, sex education, freely available contraception and financial assistance when appropriate, stuff that would lower the unwanted birth rate in the USA will get swept back under the we’d rather the patriarchy make the decisions for you regarding your body and future in harmony with God’s wishes and yes, they do think that way.

The good news is the world is changing. The bad news is the religious right in tandem with racists and the rich are doing everything to stop the cancelling of religious intolerance, racism, misogyny, homophobia as if they are part of the “culture” that made America great.

Another titty-bit of backfire or backlash good news might be ethically and morally challenged members of the Federalist Society (the Handmaiden’s Tale goons), know their window in time is growing short. Indeed, at any moment President Biden, possibly by Executive Order or by working with Congress to install Federal legislation and/or laws to protect a woman’s right to choose. This singular step would move us past the see-saw stalemate we find ourselves in and unable to move forward.

The don’t try to reason with me you are a baby murderer game would not be over. No likely chance of that seeing as abortion is the alt right culture war obsession and “wedge issue” of this century, the gift to help conservatives continue to divide us and to cynically fund raise over.

No, that may take a bit more work to ween these baby zealots bastards off the generous teat of “pre/post, something or other full, partial, whatever, during the 9th Inning of the 7th game of the World Series’” lying, fear mongering and fund raising.

Problem is the nefarious “they” in this saga know the jig is almost up and we, the Resistance are committed to positive, forward-looking, kind, decent, and humane changes including freeing women's bodies and souls from what I would posit amounts to little more than a form involuntary servitude, even in cases involving rapists and incest. We all know that is sick, right?

They know, We, the People are tired of the deceit, cheating and selfish, self-serving, power mad and greed driven “agenda” (I guess having no agenda is an agenda?) pushing us to “look over here” issues, so we don’t see them ripping us off blind.

But the shades have come off, we are blind no more making it the perfect time for us to take off the kid gloves and take it to the next bare knuckle all-out winner take all brawl? I say it is. Add in our opponent, the GQP Insurrection Party is presently eating itself alive and no, Orange Dumb as a Dorknob (and I do mean Knob) Menace is not coming back to save the day.

I would also like to mention does anyone but me think it is funny that Liz Cheney fancies her the “democratic” something or other savior of the GOP? Imagine her and Romney running for P and VP, or vice-versa? Here we go back to takers and makers, with 47% of Americans out in the cold not because they have worked hard all their lives, but because they won’t vote for these two often careless and always uncaring party of “fiscal responsibility”.

The only true question is how much damage will the right wing narcissists still trying to buffalo us wing nuts cause on their way out the door, and back to hiding beneath the nearest slimy swamp rock they can find, until next time. The time frame for something again wicked coming our way being 35-50 years away if we play our cards right.

In politics, that’s how the pendulum swings, and make no mistake Mr. soon to be dissolved if you don’t watch it GOP. And yes, major political parties have and will continue to outlive their usefulness and pass into the oblivion of what I call “Gee, maybe we didn’t quite get it right after all did we?”

In our current situation the GQP/Insurrection/QAnon coalition of truth deniers who actually believe frickin' panda bears with laser beams have removed "real" ballots with "fake" bamboo laced paper ballots during the last election and remember, still have the blood of 500,000 Americans who died for no reason except for the uncaring and incompetence of their fattened golden but more like stinky ocre Cheatos cheese colored calf cult leader45 to which these perennial lemmings had no problem pushing over the cliff.

In conclusion, one of the more interesting Con Law debates involves the necessity of having a third branch of government at all. The Founding Fathers were very suspicious of installing a “Kings Court” and indeed went with two “full” branches and one “administrative” and not to be consulted often, judicial branch. In the good old days, some branches of the Federal Government we’re quite so even at all.

As the years went forward, and for better or worse, depends who at the cocktail party you ask, with the acquisition of “judicial review” as though not specifically mentioned in Article III of the Constitution, an innate power of all judicial branches, with the nascent SCOTUS the main beneficiary of these new powers.

What did Uncle Ben in Spiderman say? With great power comes great responsibility? Has the SCOTUS live up to it’s duties and obligations to administer justice fairly and equally to to all?

If you are having trouble answering my question, consider the following, carefully. If the Roberts’ Court of Unearthly Delights overturns Roe v. Wade, ending federal protection for abortion rights, will you simply comply? Or fight? Will you take the battle to the very steps (not inside, please) of the Courthouse, the Capitol Building, the White House?

Or, will you resist, as is your God given right as an American not to be told by a banana republic bunch of tainted, corrupted and wholly partisan puppets of those who would condemn young women and even children to a continued life of patrimony under which a gaggle of white, old men waaaaay past their usefulness have no problem controlling women through the economics and false perceptions of procreation?

I say we make good, necessary trouble and lots of it. This must end. We must fight and we must win. Who’s in?

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