The intent of America’s Founding Fathers had been to establish a Supreme Court staffed by non-partisan, scrupulous judges, whose main function was (still should be) to deem laws either fair or foul. Sounds straightforward enough, huh?
To employ a baseball metaphor, that’d make each judge akin to an umpire who declares base hits / line drives EITHER fair and in play OR foul and out of bounds.
Expanding on that trope, just as umpires are not supposed to be rewriting Major League Baseball’s rule book, judges are not supposed to be rewriting laws / the U.S. Constitution.
Granted, there are times when judges must strike down foul laws. And in that sense, this is legislating from the bench. Obviously, that’s not all bad. At that juncture, it merely becomes incumbent upon the actual legislators to mitigate that judicial power; i.e., by enacting unprejudiced legislation that’ll pass subsequent Supreme sniff tests.
Let’s look at this from the fair-minded baseball fans’ perspective, too. Just as we’d never want to witness an umpire wearing a hometown baseball cap / waving a home team pennant behind home plate (or anywhere else on the damned diamond), we sure as hell would never want to see a SCOTUS judge donning a dumb-ass MAGA hat or waving a freakin’ Trump flag.
Factoring in the odious Trumpian republic, for which that flag stands, We the decent People would never want any of HIS damned judges donning brownshirted or white robed / hooded uniforms, either.
Truth be told, tyrant Trump no longer even attempts to hide his raw, rabid racism and every other nasty “ism” known to humankind. As such, not unlike his (figurative) Fascist diaper, he’s been loading up HIS Supreme Court (lower Federal courts, too), with judges who wind up forever beholden to him.
Seeing how Trump already owns HIS supreme cronies, Neil Gorsuch and Brett Kavanaugh, they’ll be doing their damnedest to pleasure him / permit him to muck up free elections with impunity. Talk about a corrupt quid pro quo, huh? So much for non-partisans, huh?
Let’s shift gears a bit. America has a wealth of racial, ethnic, gender and religious / secular diversity. Should not our Supreme Court Bench actually reflect everything positive associated with each of those qualities?
More to the point, seeing how, as of 2018, 35% of Americans describe themselves as conservative, 35% as moderate and 26% as liberal, what part of Trump stacking HIS court with a conservative 6 to 3 majority involves justice for all?
Considering that formidable 61% moderate / liberal bloc, it’s, indeed, astounding how the 35% conservative minority still dominates and debases the political playing field.
As such, it would prove difficult to usher in the much needed and long overdue Supreme Court image makeover; one which could, someday, see those 9 judges mirroring America’s robust, full-bodied diversity.
Hell, factoring in Trump’s looming Fascist overthrow, even hopes for a 3 liberal – 3 moderate – 3 conservative split would be asking for too much.
Would it shock anyone were he to fire these Supreme Court judges after the November elections?
Or, at the very least, demote them to Court Jesters?
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