June 20, 2020

In one week, the Supreme Court has managed to douse the Constitution with gasoline and light it on fire with two separate outrageous decisions. In the first, by declaring that “sex discrimination” in the 1964 Civil Rights Act also means “gender identity,” they affirmed that the plain words of laws don’t mean what Congress intended but whatever judges want them to mean, rendering the concept of laws written by elected representatives of the people to be meaningless. In the second, they ruled that President Trump cannot use an executive order to undo a previous President’s illegal and unconstitutional executive order unless the Court approves his reasons for doing so, which eviscerates the separation of powers, usurping for the Court a power reserved exclusively to the Chief Executive. And in both of these dangerous and destructive rulings, the key vote was that of Chief Justice John Roberts, who sided with the liberals.

Yesterday in the Senate, Constitutional scholar Sen. Ted Cruz took to the podium and spent about 10 minutes dismantling Roberts’ “legal reasoning,” in which he concedes that something is, of course, obviously what we all know it is, then yanks some rationale out of the ether for ruling the other way. It’s a must-see or must-read for anyone who cares about preserving – or more accurately now, reviving - the Constitution and the rule of law:

None of this is surprising since Roberts has made it clear from his writings and interviews that he doesn’t see his job as ruling on whether an issue before him is Constitutional or not – which is actually his ONLY job. He erroneously sees his job as being to look at something before him that he assumes the people want, like Obamacare, same-sex marriage, gender identity protections, DACA or keeping a citizenship question out of the Census and then work backward to try to find some legal mumbo-jumbo to justify it. He’s now done this so many times that he’s left the Constitution as full of holes as Swiss cheese.

(Incidentally, for Justice Roberts’ enlightenment, here are 10 instances where Obama himself admitted that he had no Constitutional authority to create DACA):

Since there are no elections for Supreme Court Justices, and impeachment is a longshot, there’s only one way to counter this. That is to ensure that President Trump is reelected and the GOP holds the Senate, so that Trump can continue appointing conservative, constructionist judges who can rise to the level of SCOTUS appointments, and we can all pray that he appoints enough of them so that if one or two decide, like Roberts, to go, rogue, they won’t be “swing” votes.

Of course, there is one other solution, but it’s not very likely. As Arkansas Sen. Tom Cotton suggested, if John Roberts “believes his political judgment is so exquisite,” “I invite him to resign, travel to Iowa, and get elected. I suspect voters will find his strange views no more compelling than do the principled justices on the Court.”

Leave a Comment

Note: Fields marked with an * are required.

Your Information
Your Comment
BBML accepted!

Comments 1-3 of 3

  • Robert Berger

    06/20/2020 08:28 PM

    Governor Huckabee, religious freedom does NOT include the alleged "right" of Christians to discriminate against LGBT people . here is no such right, any more than there is a right for people to discriminate against black people and others . If it should be legal for Christians to discriminate against gay people, it should also be legal for non-christians to discriminate against Christians, and fire them from their jobs if they happen to be Christians . Discrimination is discrimination. Bigotry is bigotry . Either LGBT people should be free from discrimination and have equal rights or NO ONE in America should have rights of any kind .
    Of course, I do NOT advocate employers firing people for being Christian, but I also do not condone firing people merely for being gay . You cannot say, "All men are created equal, except for homosexuals . "

  • james randolph

    06/20/2020 03:52 PM

    NOTICE - - A SCOTUS justice, including the CHIEF JUSTICE, is NOT a lifetime appointment.
    The Constitution states that Justices "shall hold their Offices during good Behavior." This means that the Justices hold office as long as they choose and can only be removed from office by impeachment. The term "good behavior" is understood to mean justices may serve for the remainder of their lives, unless they are impeached and convicted by Congress, resign, or retire.
    The HOUSE of REPRESENTATIVES may vote to impeach a justice, followed by trail and removal by the SENATE ... not easy, until 2021. A majority of real conservatives in Congress (house & Senate) can stop this abuse by SCOTUS.
    IMPORTANT - VOTE to remove DEMOCRATS in November, and take back our nation.

  • Kenneth Brack

    06/20/2020 02:28 PM

    Here is a simple solution to the problem of the Supreme Court. Re-elect President Trump. Keep the Senate controlled by Republicans. With two more appointments, we will have a 5-4 majority on the Court. Neil Gorsuch proved unreliable. Judge Kavanaugh has proven trustworthy. This is the way with Trump appointments. He doesn't know for sure who can be trusted until they are tested. With each appointment, he gains experience and knowledge.