Monday, the Supreme Court not only rewrote the 1964 Civil Rights Act to redefine the ban on job discrimination by sex to include “gender identity” (setting the stage for endless nuisance lawsuits targeted at religious institutions), but they also rejected a number of cases in which citizens were appealing government interference with their Second Amendment rights.
For instance, the SCOTUS rejected an appeal by a New Jersey man who services ATMs and carries a lot of cash who understandably wants to carry a gun, but the local government requires that he name a specific threat to justify his need for one (as if he knows the name of the person who will eventually pop up and try to rob and likely kill him.) If you read the Second Amendment, you’ll notice that nothing in it says that citizens must justify their specific need for a gun to the government before they’re allowed to keep and bear one.
As the (sadly only) three Justices who dissented from the gay rights ruling noted, this Court is only too ready to pull new rights out of the ether when they involve abortion or LGBTQ issues, but they refuse to defend the clearly-enumerated Constitutional right that the Founders listed second in the Bill of Rights. It’s especially disappointing that alleged “conservative” Justices such as John Roberts and even Trump nominee Neil Gorsuch went along with the liberals in these activist rulings.
Why is it that so many so-called “conservative” Justices morph into liberals after just a short time on the SCOTUS (or as the media call it when a judge goes from respecting the text of the Constitution to rewriting laws from the bench, they "evolve”)? Some of it might be peer pressure, or just living inside the upper-crust liberal DC bubble. Some of it might also stem from the fact that ALL of our Supreme Court Justices attended the same handful of Northeastern Ivy League colleges (every one of them spent time at either Harvard or Yale) and were taught by the same liberal professors. While a few were able to resist the indoctrination, there is no real “diversity” on the Court. For instance, there’s not a single Justice who was schooled in the South or West, and can understand the needs of farmers or ranchers who bring cases to the Court.
Law Prof. Glenn Reynolds of Instapundit sums up the problem in a recent book called “The Judiciary’s Class War.”
Reynolds argues that the problem with the judiciary isn’t political but a class divide. Since the judiciary is the only branch of government that requires members to attain elite schooling, it’s dominated by people from upper middle class, elite backgrounds. Once they’re on the bench, they tend to favor things that people of their class embrace (abortion, gay rights, birth control, open borders, etc.) and even invent new “rights” to promote them, while marginalizing the real rights that working class Americans care about, such as freedom of religion, property rights, gun rights and honest apportionment of legislators to represent legal citizens.
Victor Davis Hanson also has some related thoughts about how “class, not race, divides America”…
SCOTUS decisions like Monday’s will make many conservatives despair of ever being able to get America back on the right track of respecting the Constitution and laws as written by elected Representatives of the people. But if you give up and stop voting, then you’ll guarantee the election of people like Joe Biden and Nancy Pelosi, who will put their lead feet on the accelerator to take America over the cliff.
A Republican majority in both Houses and the reelection of President Trump would at least set the stage for passing legislation to replace the legislation concocted by the courts, and to keep allowing Trump to nominate conservative judges to lower courts who might someday be on the Supreme Court. And of course, to nominate SCOTUS judges who will actually defend the Constitution. So far, he’s batting .500 on that, which is .500 more than we’d ever get under Joe Biden.