Chief Justice John Roberts cited two cases from early constitutional law with a dire warning as the U.S. Supreme Court on Friday delivered a ruling on the near-total ban on abortion passed by Republicans in Texas.The Chief Justice gets it right, but the decision is not the only problem. The fundamental problem is court-packing, which lends overwhelming credence to the perception that justice is not impartial in the US but rather political. Liberals are suffering the brunt of this now but it was conservatives under the Roosevelt court. As result, conservatives now feel justified in taking their turn. Many conservatives probably view Roe v. Wade as payback for Brown v. Board of Education (1954).
In an opinion where he concurred in part and dissented in part, Roberts was joined by Justices Sonia Sotamayor and Elena Kagan.
"The clear purpose and actual effect of S. B. 8 has been to nullify this Court’s rulings," Roberts wrote, listing the legislative name of the Texas bill.
"It is, however, a basic principle that the Constitution is the 'fundamental and paramount law of the nation,' and '[i]t is emphatically the province and duty of the judicial department to say what the law is,'" Roberts said, citing the landmark 1803 Supreme Court case Marbury v. Madison that established the principle of judicial review.
"Indeed, '[i]f the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery,'" he continued, citing United States v. Peterson from 1809 that determined state legislatures can't overrule federal courts.
"The nature of the federal right infringed does not matter; it is the role of the Supreme Court in our constitutional system that is at stake," Roberts wrote.
The end-result is, however, weakening of the American legal and political systems. The country is already dangerously divided, not only politically, but also with respect to perception of reality. These world views are incompatible, minds are made up, and therefore something has to give to prevent a downward spiral. The court system is the last bastion of constitutional liberties and justice.
Raw Story
https://www.alternet.org/2021/12/john-roberts-texas-aboriton/
9 comments:
The Supremes are a collection of political appointments.
I should probably read the article but I don't want to. My understanding is that the court when FDR was President was quite conservative. And I really don't think anyone with any credibility (even right wingers) would argue against the Brown vs Board of education or whatever that is called anymore.
It has been clear for a long time that the Supreme Court has been a political and partisan institution. It is not a good thing but that is reality. It is interesting that Roberts does attempt to be a moderating influence. Unfortunately, that isn't going to work very often any more with the current makeup of the court.
For some reason, I do feel I owe the guy something for not striking down Obamacare for some legal mumbo-jumbo reasons. Access to that probably helped save my life. Stupid such a decision by one man could have had that effect. But now it won't.
LOL they are arguing in THE SAME COURT…
That SAME COURT is going to rule then THAT ruling becomes the law…
How hard is this to understand?
Usual you left wing Art Degree morons can’t make a decision… or respect a decision…
What do you do when you come to a T in the road? Drive straight into the corn field?
Have to make sure you have AAA towing?
Sorry.
Just go get a constitutional amendment guaranteeing the specific right for abortion then all this goes away…
Short of that it’s up to the courts to interpret constitutionality… and you have to respect the courts decision…
iirc in the US human chattel slavery was once deemed constitutional by the Supreme Court….
So abolitionists went out and got the 13th amendment passed to put you Art degree Darwin lovers back in your place…
https://constitutioncenter.org/interactive-constitution/amendment/amendment-xiii
Just go do the same thing for your abortion thing … no one is stopping you…
So abolitionists went out and got the 13th amendment passed
Well, you left out a rather important condition — the Civil War and the Emancipation Proclamation.
The 13th Amendment was passed on January 31, 1865 and ratified on December 6, 1865, at the beginning of Reconstruction (1865-1877). Women did not get the vote until the ratification of the 19th Amendment on August 26, 1920.
Now people are talking seriously about Civil War 2.0 and the spilt of the US. It doesn't really matter which way SCOTUS goes on this, since the divisiveness involved is not limited to a single issue. Abortion is not the driving force, which is broader. It encompasses many issues in conflicting world views with different value systems, paralyzing the US politically.
you have to respect the courts decision
The rule of law depends on most of the people agreeing to follow it. The US is at the point again of large numbers of people unwilling to follow the law. This sunk Prohibition and the "war on drugs," for example.
The US is at the point of being divided almost equally on major issues, which means that up to 50% of the population doesn't agree to follow laws that are regarded as illegitimate. This issue of legitimacy also applies for some to the sitting government itself and the president in particular.
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