Congrats on DOMA, but I am writing an obituary over the death of SCOTUS as envisioned by the US Constitution written by our founders. It was destroyed by poisoned politics and the obscene money of the wealthy that gave birth to them.
Yesterday we got the worst decision for minorities since the Dred Scott decision. Seventy-five years of struggle for equality eviscerated. The count: 5 Republican Appointees to gut the Voting Rights Act (VRA) to 4 Democratic appointees opposed. Today DOMA was defeated, the vote 5 to 4. Chief Justice Roberts changed teams on this limited victory. A vote on legal merits? I think not.
The timing of these decisions being released gives one pause. The bad reaction of the VRA was quickly moved to the back burner on the media circuit when Roberts switched teams for the DOMA vote. This alleviated some pressure on his court.
Most significant votes by Chief Justice Roberts’ court are by a 5/4 decision split along party appointment lines. The media knows that the Supreme Court is no longer a judicious body. When pending decisions are being evaluated, the pundits always talk about that possible “swing vote”. Why? The voting blocks are set in political concrete that is why. Legal merits are of little, if any, concern.
This point of view is supported by mathematics, law of average. No matter the issue, no matter the evidence, these supposedly independent thinking jurists always, with few exceptions, vote with their appointed group. Politics, poisoned politics, take precedent.
This mindset of the majority has seriously undermined the credibility of the Supreme Court and the ability of our government to function. Its decisions are now viewed as arbitrary and without conviction. That is dangerous. Decisions steeped in merit and law are no longer considered sacrosanct. That makes them technically temporary and only as enduring as the next challenge.
Under our 2008 campaign financing laws, Obama, using the internet, out-raised the wealthy contributors and corporations funding the Republicans. This was a first. It was also to be a last. A lawsuit was filed, Citizens United, and it made it to the Supreme Court.
The Roberts Supreme Court in that decision, gave corporations the status of human beings giving them free speech rights and did away with spending limits. The court totally ignored case law and precedent. That was another 5 to 4 vote. The power during elections was returned to the wealthy. The internet be dammed.
But still the voting masses were determined to have their say. Republican state houses elected in 2010 did their best to impede the masses from voting in 2012. They were not successful. One of the main reasons behind this loss was the federal government’s ability to stop abuses under the Voting Rights Act. Well another lawsuit was filed, and, once again, the Robert’s Supreme Court came to the rescue. It gutted the Voting Rights Act with yet another 5 to 4 decision. The same Republican appointee pack being victorious.
In 2006 this longstanding law was reviewed, had comprehensive hearings and passed with the entire senate voting in the affirmative. Now we know. Nothing is sacred to the Roberts Supreme Court, and all decisions are temporary, just one challenge away from reversal. R.I.P SCOTUS.