Jul 1 2024
02:35 pm

The Supreme Court session has just ended with very bad decisions that endanger law, common sense, democracy, the republic itself, and faith in the Court and the rule of law.

There were several bad decisions, but three stand out:

* The Court overruled 40 years of precedent that courts should defer to administrative expertise when specific interpretations of murky law are needed. Polluters, monopolists, and other nefarious interests had been pushing for this change. Justice Gorsuch in a related opinion accidentally demonstrated how ill-prepared courts are for this new role by several times confusing nitrogen oxide (smog) with nitrous oxide (laughing gas).

* The Court decided a bribe is not a bribe if it is given after the official action sought, only before. So if mega-corporation gives a "gratuity" to a mayor for a new policy, or a legislator with a wink and a nod about a vote, or even a judge for a favorable ruling, no problem. Perhaps some of our Supreme Court "justices" already are on their way to luxurious summer vacations thanks to benefactor gratuities.

* Three days before we celebrate our declaring independence from a king, the Court effectively gave monarchical powers to presidents--immunity for any broadly defined extension of their official powers even if done clearly as a criminal act. No previous presidents have been extended this nonsensical claim, and none has needed it so badly as Donald Trump. The three justices appointed by him did not recuse, neither did the two justices whose spouses took acts in support of insurrectionists who attacked our Capitol.

The Chief Justice wonders why public support for the Court has dropped to very low levels. It may require looking in the mirror to answer that question.

bizgrrl's picture

Exactly. I'm still trying to

Exactly. I'm still trying to comprehend. The Supreme Court is becoming the leader of the government instead of being "charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution." They are making law without representation from the people.

yellowdog's picture

The Republicans are showing clearly who and what they are.

Maybe the Democrats can do the same?

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