U.S. Supreme Court v Common Sense

Posted on by under Bits 'n Pieces, Environmental Issues, guns, History, Law and justice, Racism & Bigotry, religion, Social commentary

Ever since the former guy got the chance to nominate a second (Brett Kavanaugh) and then a third (Amy Barrett) Justice to the U.S. Supreme Court, I have been skeptical that the Court could manage to remain fair and non-partisan.  When the preliminary decision on Dobbs v Jackson Women’s Health Organization that could overturn the 1973 ruling on Roe v Wade was leaked back in May, my worst fears were confirmed, and this week they have been confirmed yet again – twice.

Congress Shall Make No Law …

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between Church & State.”  This is the 16th Amendment to the U.S. Constitution and is known as the Establishment Clause under which the federal government and all governments under it, cities, states, territories, etc., are prohibited from establishing or sponsoring religion.  In the words of Justice Stephen Breyer …

“The very point of the Establishment Clause is to prevent the government from sponsoring religious activity itself, thereby favoring one religion over another or favoring religion over nonreligion.”

In layman’s terms, since freedom of religion is important … freedom to observe any chosen religion or no religion at all … it is unfair for government funds that come from We the People in the form of taxes be used to support any one religion.  That is the basis for the 16th Amendment.  But on Wednesday, the U.S. Supreme Court ruled on the case of Carson v Makin involving a Maine law that forbade public money to go to religious schools.  Under that law, if a town does not have a secondary school aka high school, parents may get vouchers from the state to pay for their children to attend a private school, but not a religious school.  Certain parents took umbrage, for the school that was available to them allowed LGBTQ students and these parents did not wish their children to attend school with LGBTQ kids and thus they petitioned the state for vouchers to send their children to a religious school whose entrance requirements largely eliminated the possibility of an LGBTQ child enrolling.

On Tuesday, the Court ruled in favour of the parents and in so doing, the Court in essence demolished the 16th Amendment and said that there is no longer a separation between government and religion.  This will no doubt be seen as a red-letter day for the bigots and no doubt many more will follow suit in the near future.  I wonder, though, how loud the furor will be when some parent chooses to obtain the vouchers and use them to send their kids to a Muslim or Hindu school?  Wait for it, for I’m betting money that those religious bigots will have their knickers in a knot when that happens.

That 2nd Amendment … yet again

And then yesterday, the Court made what I consider to be yet another grievous error in judgment in the case of New York State Rifle & Pistol Association v Bruen.  Quite simply, since the United States Congress has steadfastly been unable or unwilling to pass any meaningful gun legislation, the State of New York passed its own law that prohibited most people, unless they could show need, from carrying a gun in public.  Makes sense, right?  If you claim you need a gun to protect yourself and your family from a home invasion, as most gun nuts claim, then you don’t need to take it to the library, grocery store, or a restaurant.  But, the gun nuts said it violated their 2nd Amendment ‘rights’.  For the record, the Amendment in question here reads …

“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.”

Period.  There is no more.  Nothing that says all people have the right to own killing machines that are capable of killing 20-30 people within a minute or two.  Nothing says the average Joe even has a right to own a gun, let alone carry one in public. I guess that Justices Alito, Gorsuch, Kavanaugh, Thomas, Barrett, and Chief Justice John Roberts care more about pandering to the gun nuts than protecting our children.

So, to recap the results of these two Supreme Court decisions, we will now be forced to financially support religious education, even those of us who do not believe in or follow any religion, and … we and our families will continue to be in danger any time we leave our home, for we can’t be sure that dude sitting next to us in a restaurant or on the bus isn’t ‘packing heat’.  Way to go, SCOTUS.  Within the next week or so, given that the Court will be in summer recess around the first week in July, there are two more contentious cases that will be ruled on:

  • The aforementioned Dobbs v Jackson Women’s Health Organization whereby unless the Court has done a 180° reversal from May’s leaked ruling, women’s rights will be placed in the meat grinder and shredded forevermore (or until 100 years from now when the current Justices have left and some with a conscience have replaced them.)
  • West Virginia v Environmental Protection Agency where the State of West Virginia is claiming that the Environmental Protection Agency (EPA) should not be allowed to set rules and regulations around greenhouse gas emissions. Given their recent rulings, I look for them to rule in favour of West Virginia, and if they do, you will hear me ranting some more, for this is our lives and the lives of future generations that’s at stake here!

52 thoughts on “U.S. Supreme Court v Common Sense”

    • Exactly! That they even wasted their time on that case surprised me, though I guess it shouldn’t have, but the outcome was jaw-dropping … it opens so many doors that should NEVER be opened.

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  2. Pingback: U.S. SUPREME COURT V COMMON SENSE. |JILLDENNISON.COM | Ramblings of an Occupy Liberal

  3. if you’d like to know why the progressives make me so damn angry, this clip from MSNBC exemplifies the arrogance, the hautiness, the better than us mentality so many of them have. you’re even this way sometimes on your blog when you talk about inflation and I’ve even said as much.

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  4. The Supreme Court has become a political body in direct opposition to the Constitution therefore they are no longer relevant and should be abolished. In fact SC Justice Thomas should be facing impeachment.

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    • Oh, the book burning has already started! Witches are soon to come, I’m sure. And in their book, any female who claims to have ‘rights’, who doesn’t follow their way of thinking, will be dubbed a ‘witch’. Sigh. Thanks for caring, my friend … this is indeed a dark day in this nation.

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        • You are so right, Bee. We tend to think of it as only our problem, but just as some of our own have gotten their ideas from the likes of Erdoğan and Orbán, other western nations might look across the pond and start thinking about how they could replicate our example. What a world we live in, eh? Hugs, dear sweet Bee!

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            • Nor did I, my friend, but … we didn’t predict the immigration crisis that resulted from the Arab Spring movement and that is where this current populist movement began, I think. Now we must figure out how to temper it, how to push back, how to salvage the world, the planet, humanity. Sigh.

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              • I think the problem is that all these crisis have complicated reasons and need complicated solutions. But I get the feeling the human brain isn’t made for understanding complicated situations and create complicated solutions. Does that make any sense at all?

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                • It makes a great deal of sense, Bee. I would argue that some human brains are well equipped to understand the complexity of the situation, can look back at history to identify similar times, and could likely come up with some complex solutions to most of the problems. Trouble is, those deep thinkers are rarely the people at the head of our government. Annnnnnnd … the solutions would NOT be popular among the average people, for it would require them to make sacrifices that they would balk against. Just look at today, for example. War in Ukraine, women’s rights and LGBTQ rights on the chopping block, chaos in our political systems (and yours), and yet the only thing the average Joe seems to care about is the price of fuel for his gas-guzzling truck or car. This is what I’ve called a ‘me-istic’ society where people can only be rallied to do something about a situation once it directly and personally involved and inconveniences them. Sigh.

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  6. Game over…if states can still allow abortion..not for long. And gay marriage is next. And no health protection for LGBTQs. Then voting will become meaningless especially with minorities basically being cut out for good. No gun control at all..lawlessness will rule. The wealthy will be well protected, as will big oil, pharma, NRA etc. The common man is only a tool and many, a stupid one at that. Apathy, religion, bigotry, greed and racism has led us to this.
    Glad I’m old.

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    • I’m envisioning the same outcomes you are, my friend. And like you, I’m glad I’m old and if I’m lucky, won’t live to see the end of this year, but I DO worry about my daughter, granddaughter, and in fact all the people who didn’t ask for this, who have values and try to help others. Sigh.

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      • Oh Jill I certainly hope you live longer than that! but all of us need to enjoy our family and friends and other things like nature and hobbies while we can. As bad as all this is and it’s bad, it’s still only part of our lives….priorities and a little Buddhism about everything being impermanent…

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        • Thanks, Mary, but this old body has been well-used and is worn out. I do appreciate and enjoy my family and friends … more now than ever before. I just wish I could have done more to leave this world in better shape for them. 🌎

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  8. As you already know, Roe v Wade is now dead too. Donald Trump and all his MAGAts are jumping up and down with joy, while the majority of Americans are either mourning or marching. This Court has gone rogue, which is exactly what Trump wanted. And the future looks dim for America and her citizens.
    Not knowing American Law regarding the meaning of “lifetime appointment,” whether or not that means there is any way at all to recall these Justices Gone Wild, I think the Federal government will have to rewrite that law. And to do that they will need a 60% plus majority in the Senate. Go get it!
    Reforms are needed. Is Joe Biden strong enough to establish them? Is the Democratic Party committed to reversing the devolution of America? As I have been saying, the 2022 Mid-Term Election is THE MOST IMPORTANT ELECTION EVER HELD IN THE HISTORY OF THE UNITED STATES. If the Dems do not sweep the Repugs, Democracy dies!

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    • Gov Newsome of California has announced that regardless of the Roe v Wade ruling, he will continue to allow abortion and become a sanctuary state. He even promised to fly women in need at California’s expense. I suspect most blue states would follow suit and do the right thing. So the poor in red states must take matters into their own hands.

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    • Yes, some are dancing in the streets, others are protesting. I am trying to envision a) what comes next (see my latest post), and b) if this nation can be salvaged, and if so, how? I’m sure I’ll have a different perspective in a day or so, but for today, I see this as a death knell for the country formerly known as the United States and sometimes (inappropriately) called ‘America’.

      A Justice can be removed for misconduct, but not for ruling in an unpopular manner. The only way to rectify the current Court would be to expand the Court to 13 justices, but President Biden cannot do it alone, and in fact seems unwilling to even try. Justices do not serve at the will of the people as elected officials do, so once they’re in, they’re pretty much set for life.

      Sadly, as I was just telling David, I don’t look for a solution in the 2022 mid-terms because … half the people are too lazy to even bother to vote, and half of the other half are too stupid to understand the ramifications, the cruciality of this election. SIGH.

      Liked by 1 person

      • It is the duty for every concerned American to make every other American realize the importance of this vote. When I, a confirmed non-voter, believes this election is important enough for everyone to vote, you know that i realize what is going on. Everyone needs to realize what is at stake! Push. Push. Push!

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  9. All of this, along with the overturn of Roe vs Wade, has driven the last nail in the coffin of the country I once loved and trusted. The rise of European Male White Supremacy is the disease that will end the world, for it encompasses all that is dis-eased within existence.

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  13. Your rants will be well timed and on the ball as usual. Looks like SCOTUS are after nothing less that total deconstruction of Government or what Republicans refer to as BIG GOVERNMENT. They are going to make sure that it’s the States that set the laws individually, especially Republican led states. Unless there;s a massive slide to Democrats in November giving them a majority in the Senate, I can see your Constitution being changed forever leaving individual freedoms in the hands of a group of Religious Bigots who believe in male superiority, white Superiority and will b safe i he knowledge that as once before a Minority, rule the roost. The South rises again.

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    • Thanks for your faith in me! Ranting seems to be the thing I do most these days, doesn’t it? As we now know, the Court did as we expected and dissembled Roe v Wade. I’ve been in something of a fury today, so I tried to bite my tongue for a while, but finally had to give in and convey my opinion on the matter this evening. I think they are seeking to return this nation to a time when women, Black people, and LGBTQ people were lower-class citizens with no rights of their own. I fear there will be no massive slide to Democrats in November because half the people in this nation are too lazy to even vote, and half of the other half are too stupid to realize what’s at stake. The religious fanatics will govern before much longer and this nation as we once knew it will be gone. I hope they rename it, for it is no longer the ‘United’ States of anything. Sigh.
      Cwtch

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