Tag: SCOTUS

Will the Supreme Court Restore the Constitution?

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I read the Alito opinion.  I listened in the news to the fears of the Left about future decisions on other unconstitutional decisions.  And I think they may have a good reason to be afraid.  If this court was willing to overturn Roe v. Wade, then there isn’t any additional justification needed to overturn other unconstitutional laws.

The lack of constitutional grounds to declare gay marriage a national right is exactly the same as the problem with making abortion a right.  And some things are even easier to attack.  Affirmative action is actually prohibited by a constitutional amendment.  It was even acknowledged to be unconstitutional the last time it was allowed to stand by the Supreme Court.  Each of these examples of judicial malpractice can be addressed in exactly the same way as Roe v. Wade.  The question is will these justices continue to display the courage they seem to have right now?

I think they will.  And I think we’ll have the answer to the question in July.  That’s when the decision on Roe v. Wade is supposed to be announced.  If the five justices manage to stand up to the barrage of intimidation and character assassination that they are currently receiving then I think they’ll be hardened enough to move forward to other areas of the law where equally unconstitutional decisions have been made before.

I find this possibility exhilarating.  For my whole adult life, I have watched the Supreme Court create unjust laws and then fail to reverse those decisions when the chance to do so arose.  Justices named by Reagan, George Bush Sr. and George Bush Jr. were touted as conservatives and almost invariably turned out to be liberals.  But now, so many years later it looks like we’re there.  And half the thanks have to go to Mitch McConnell and Donald Trump, two men who cannot stand each other.  I find that highly ironic.  But I won’t look this gift horse in the mouth.  It’s too valuable.

Now, I’m fully aware that more than half of you are rolling your eyes and thinking, “What a hopeless optimist!”  And I can’t blame you.  We’ve been down this road so many times before that it’s completely understandable that most folks don’t want to get fooled again.  It’s just like that cartoon of Lucy pulling the football away from Charlie Brown just as he’s ready to kick it.  And ends up flat on his back.  For the last year I’ve been very doubtful that the Supreme Court would go all the way and overturn Roe altogether.  I figured they’d approve the fifteen-week limit in Mississippi and leave it at that.  But apparently, they’ve gotten together the backbone to admit the truth of the situation and make an honest ruling.  And that’s amazing.

So, if in July they back down and issue a watered-down decision I’ll openly admit my foolishness.  I’ll admit that we can’t “vote our way out of this.”  But if I’m right then I’ll expect the same admission from the skeptics and dissidents that say there’s no hope of turning things around.  And you know who you are out there.

Roe v. Wade Reaction

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I have friends who were terrified of this moment.  Ever since the Supreme Court agreed to take up the Mississippi case, they worried that with the Senate and House in Democrat hands that overturning Roe v. Wade would galvanize women to force through a national abortion law to replace it.

For this reason, these folks talk about finessing the Mississippi case.  “They should leave Roe v. Wade in place but allow most of the state law’s substance to remain.”  I guess the strategy they are waiting for is a time when the Presidency, Senate, House and Supreme Court are all reliably conservative to finally overturn Roe v. Wade.  Well, I guess that’s a plan of sorts.  But to me it sounds more like never.

We have been living with unconstitutional, court mandated policies like abortion, affirmative action and gay marriage for, in some cases, half a century.  At some point you either assert the right to strike down unconstitutional laws or you give up on the Constitution all together.  The Supreme Court is admitting that Roe v. Wade is unconstitutional.  Overturning it is the right thing to do.  Waiting is simply weak.  It needs to be done now.

I recognize the risk involved in allowing the Democrats to use abortion as a rallying flag.  There is an enormous base on the Left that will crank up the propaganda effort to try to frighten and anger women into going ballistic over the SCOTUS decision.  There will be marches, sit-ins, probably a few shootings and who knows, a self-immolation or two.

All of this may have the desired effect.  Senators will be swayed.  Collins and Romney are the best examples.  The Democrats may get the law they want.  A national abortion mandate written and approved by the Congress and signed into law by Joe Biden.  But the thing is, what one Congress and President can sign another one can overturn.  You don’t need the stars to align over a fifty-year period like it took to get the Supreme Court majority needed to overturn abortion.  And the way things are going the Congress component of this requirement is about to happen this year.  And the President component is looking like it will happen in 2024.  And at that point abortion will be removed again.

But finessing these things doesn’t work.  Speaking openly and honestly about what we want and why is the only way to get normal people to rally to the cause.  Currently the Democrats are immensely unpopular because of all the terrible policies they’ve espoused over the last five years.  That’s not going to change because Roe v. Wade is overturned.

People will still see that gas is double in price and food is too expensive to buy.  The cities will still be full of murderous thugs assaulting the residents undeterred by police or prosecutors.  And the federal government will still be trying to propagandize children with anti-white hate and transgender madness that puts children at risk of permanent bodily harm.  None of those things will be going away.

So, if and when the Supreme Court strikes down Roe v. Wade take it as a win and move onto the next step.  A battle to protect the filibuster or prevent the Supreme Court from being packed can be looked at when they come up.  For now, relax and don’t panic.  Let the other side panic.

Drafts of SCOTUS Opinions Leaked to Press Indicate Roe v. Wade Will Be Overturned

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Someone stole drafts of the opinions of the two sides of the SCOTUS decision on the abortion case and leaked it to Politico.  The text has Alito writing the majority opinion striking down Roe v. Wade.  If this report is true this will be a seminal moment in American Constitutional history.  This will be the first reversal of any of the non-constitutional civil rights activism from the 1960’s and 70’s.  There will surely be an initial uproar over the decision.  Then each of the states will need to craft its own solution to the question of the legality of terminating the lives of unborn human beings.

How soon we will have the answer as to whether this report is true is unknown.  It was not thought that the decision in this case was imminent.  Supreme Court rulings are very rarely leaked to the press.  How the Justices will handle this unusual situation is unknown.  Will this speed up the decision or not?

Breyer to Retire Before Republicans Can Stop His Replacement

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Supreme Court Justice Stephen Breyer will retire after the current Supreme court session ends allowing Dementia Joe to replace him before the Senate flips to Republicans at the end of the year.  I’ve heard speculation that they’ll nominate Kamala Harris and she’ll get to approve her own nominations as the tie breaking vote in the Senate.  But I doubt even the Democrats want a moron like Harris on the Supreme Court.  Although she would save Sotomayor from being the stupidest SCOTUS justice of all time by a good margin.

But I’m sure a better choice is available.  I can think of a few; Fredo Cuomo, Don Lemon and most exciting Jussie Smollett.  All would add excitement and emotion to an otherwise boring Supreme Court.

Supreme Court Strikes Down OSHA Vax Mandate

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This is fantastic news.  Unless that old psychopath wants to fly in the face of the judiciary branch of government this should be the end of his attempt to deprive people of their livelihood.

Unfortunately, they upheld the the mandate for federally funded healthcare agencies with a 5-4 vote.  But half a loaf. I have to assume this will hasten the end of a lot of this COVID fascism.  Companies that don’t want to torture their employees anymore will be able to differentiate themselves in the marketplace and that may make them more competitive.

Well anyway, baby steps here.  One small step for the Right.  One giant step for America.

Abortion Redux

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All of my adult life traditional religious Americans have been waiting for the chance to overturn Roe v. Wade.  It has taken almost fifty years to assemble a conservative majority of Supreme Court justices who might overturn the 1973 abortion decision.  Today a lot of the pundits were saying that the statements coming out of the hearings by the justices indicated that they were preparing to uphold the new law in Mississippi.  This would limit abortions to pregnancies shorter than 16 weeks.

Now enormous pressure is being put on the justices to let Roe stand.  Idiots like Senators Blumenthal and Schumer have made very ominous statements about the consequences if Roe is overturned or even if some stringent restrictions are made on abortion such as the recent Texas law.  The more measured warnings include packing the court or restricting its jurisdiction.  But Schumer actually made his warning sound like a personal threat against the justices themselves.  Personally, I’m not surprised by these threats.  The Democrats are gangsters who frequently resort to threats and violence when all else fails.  One need look no further than the George Floyd riots to see violence and intimidation being wielded by the Left’s mob du jour.

The abortion decision will not occur until next June.  This will provide proximity to the mid-term elections which will make its consequences even more interesting.  If the Court strikes down Roe or even just confirms the more stringent Mississippi law will this galvanize democratic support next November?  Or would it have the effect of encouraging voters on the Right who have been waiting all their adult lives to see the Supreme Court admit that abortion is not a constitutional right?

Speculating about something that won’t be known for another seven months seems kind of premature.  But it is fascinating to think that such a momentous change might actually happen after all these years.  And it makes me wonder what other alleged constitutional rights might be struck down in the future.  My favorite would be affirmative action.  The last time the subject came before the Supreme Court it was admitted by the Justices that it was indeed unconstitutional but that social pressures required it to be used as a stopgap method.  That was decades ago.  I think the impact from striking down all the affirmative action laws would be an order of magnitude greater than any of the other fake unconstitutional laws like same sex marriage because removing the affirmative action mechanisms would allow freedom of association to exist again.  The government would stop telling us who we had to employ.  We could once again hire people according to whether they were the best qualified candidates and not have to adhere to some kind of social grievance heat map to pick them.

The one thing I think could put the brakes on any actual decision is the fact that John Roberts might decide to vote for the conservative opinion.  By virtue of being Chief Justice that would then allow him to write the decision and he could do anything he wanted including just sending this case back down to the Appeals Court to tweak their decision.  And I wouldn’t put it past him.  He’s a spineless weasel who never misses a chance to roll over for the Left.

But the political winds are shifting in this country.  People’s eyes have been opened to how the people in Washington govern without caring what their constituencies actually elected them to do.  If voting for change doesn’t work pretty soon, they’ll stop voting.  And then they’ll look for change by other means.

The Supreme Court Gets Something Right. Reinstitute “Remain in Mexico” Policy

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Hat tip tip to the Conservative Tree House for this headline.  I can’t believe SCOTUS did anything this good.  In the words of Vizzini, “Inconceivable!”

Well however it happened a small shot of very good news for us and another thumb in the eye for Dementia Joe.  This week just keeps getting better and better.  The latest approval poll on Joe has him under water 41% to 55%.  Pretty sweet.

The ZMan Has a Post About the Upcoming SCOTUS Cases

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ZMan reviews the two rather important upcoming Supreme Court cases on abortion restrictions and gun rights that are expected to be decided this Fall.  The Mississippi case is reviewing the constitutionality of a 15 week maximum on the age of the unborn child before abortion becomes illegal.  The gun case has to do with the New York law that makes it impossible for a gun owner to transport his legal gun out side of his home.

 

https://thezman.com/wordpress/?p=23982

 

The ZMan is of the opinion that the Supreme Court will fold to left-wing pressure in both cases.  He thinks the threat of packing the court is sufficient to get the Roberts court to cringe in fear and do as they’re told by their masters.  He’s probably right.  Roberts is a coward and a fool.  He’s already proved that.

But the real question is the one that is implied by the assumed result of the decisions.  Will Mississippi or some other state that has put restrictions on abortion tell the federal government no?  It would be crossing the Rubicon.  Once a state tells the federal government, “No,” a lot of things could happen up to and including the feds arresting legislators and governors.

Will it happen?  Right now I’m not sure.  I don’t know enough about the men who run these states.  Are they ready for the eventuality?  Have they come up with another intermediate action that will provide a similar result?

Of course it’s easy for me to talk about important people throwing down against the most powerful human organization on the face of the earth as if it were just two men fighting over who gets a parking spot for his car.  Messing with Washington is very consequential.  The last time anyone tried was during the Civil Rights era and Washington came out on top.  Serious individuals would only cross the line if they had a very strong idea about how they could win that fight.

But we’ll all learn something important this Fall.  First off we’ll find out how cowardly and traitorous the Supreme Court really is when it crawls on its belly.  Next we’ll find out if any state has the strength to tell the feds to screw.  That’s something worth knowing.

First Dividend from Installing ACB on the SCOTUS

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In a 5-4 decision that saw John Roberts side with the Progs and newly appointed Justice Amy Coney Barrett casting the deciding vote the Supreme Court overturned New York State’s onerous restrictions on religious gatherings.

https://archive.fo/xcOt8#selection-2345.139-2345.163

Let’s hope that Barrett’s presence on the bench will give courage to such unreliable votes as Gorsuch and Kavanaugh.  Who knows, maybe the Supreme Court will decide that allowing thugs to run wild in the street and allowing gangsters to steal a presidential election are just a tad Un-American.