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.”