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Op-Ed: There is now officially no democracy in America. Why should SCOTUS exist?

Every time America goes against Constitutional principles, it lands on its butt, deservedly so. This will be no exception.

Supporters and opponents of abortion rights gathered to demonstrate outside the US Supreme Court hours after news of the leaked opinion - Copyright AFP/File François Picard
Supporters and opponents of abortion rights gathered to demonstrate outside the US Supreme Court hours after news of the leaked opinion - Copyright AFP/File François Picard

SCOTUS has just disenfranchised every woman in America. A few political appointments by perhaps the most venal, obscene “government” in US history have made rule of law impossible.

Nobody EVER voted for this or anything like it. “We the People” have never had a voice in this issue and many others. A few religious kooks and idiotic fanatics have more rights than the rest of the country.

No elections are required, no consultation with the people. Just whenever you want a law, get a few hoes on the bench to make the decision. The only reason you need politicians is to nominate judges, right?

This is QAnon, judicial style. Ironically, I wrote an article yesterday focusing on SCOTUS and the gun lobby. It was hardly a great feat of prophecy to predict this outcome.

The net effect of the ruling will be:

  • People going to abortion-friendly states or other countries like Mexico and Canada – The bans won’t work anyway, a typical conservative outcome like the War on Drugs, Prohibition, etc.
  • Black market abortions – Keeping organized crime well supplied with money.
  • Coat hanger abortions – That IS how it was done, back when.
  • Dead women on kitchen tables like it was before. (That’s no myth. Gave the homicide guys a lot of work.)

All this decision has done is create an impossible unnecessary situation for many women. In practical terms, it has no chance at all of working.

This is “law”? Like hell it is. It’s the exact opposite of law.

The basics:

  • The Constitution empowers US governments to regulate.
  • If something is specifically non-regulatable, like free speech and belief under the First Amendment, no laws can be passed by state or Federal governments.
  • There is no mention of reproduction or any right to regulate reproduction in the US Constitution.
  • Does SCOTUS have any right to decide anything on abortion, which really IS a 100% freedom of belief issue? No, it doesn’t.

The First Amendment is the likely next SCOTUS target, entirely due to this decision.

US Supreme Court revives 'Remain in Mexico' immigration policy
The US Supreme Court. – © GETTY IMAGES NORTH AMERICA/AFP/File ALEX WONG

The right to freedom of belief underpins the First Amendment. SCOTUS has ignored that with this decision. One group’s religious views have been favored over quite literally the rest of the country’s views. The rot has begun.

 SCOTUS has also now given itself a precedent for ignoring freedom of belief:

  • Abortion is a specifically religious issue.
  • In theory, no law can be passed against freedom of belief under the First Amendment.
  • Didn’t say anything about corrupt, partisan Supreme Court decisions, did it?
  • This ruling effectively denies First Amendment rights to those whose beliefs differ. It’d be quite a class action, but does anyone have the baseballs to do it?
  • This situation is based entirely on one set of beliefs vs another set of beliefs. It is the classic anti-First Amendment ruling.

“Naïve”? Try this, geniuses.

One fact set in stone is that governments appoint people on their side to the Supreme Court. So people with a built-in bias are appointed to support the government.

That isn’t “law”. It’s bench-stacking. Every decision will be based on a preferred political outcome, not law. It’s the antithesis of democracy.

Law is supposed to be impartial. This setup can never be impartial. It can only be partisan, against any other views. The law, in fact, is barely relevant. Rulings are political in nature, by definition.

So when the next government waddles in with its lobby baggage, your rights go out the window if they’re not supported by the Supreme Court.

Naïve? Unbelievably stupid, and guaranteed to fail. This is where the Great American Political and Judicial Skateboard has gone. A ruling which can be circumvented by anyone with a phone is the great political triumph?

And, of course, it puts a lot of American women in very difficult legal situations. Another typical conservative “hate the people” result. This time, it’s a bit worse. Texan laws allow third parties, actual “vigilantes”, to literally hunt down people trying to manage abortions.

That itself is utterly anti-democracy on every level. How do third parties have any status in reproduction or any other legal matter? Thanks to SCOTUS, they now do. A lot of other states will enact remedial laws, but the Red Disaster Area won’t.

Progressive America, you are a disgrace. …Or are you? Get off your butts.

Now let’s balance this with another observation. Everyone saw this coming. While you’re watching Typo Carlson gloating over this ruling, just remember – It’s been a long time since Roe vs Wade. You’ve been in government multiple times since then. If you’d held a referendum, or enacted enough laws to block this ruling…?

The Puritans, outdated pseudo-people who wear belt buckles on their heads, which is a bit of a hint, have struck again.  This regressive force has been making life hell for Americans for decades at local state and federal levels in so many ways on so many issues, most of them directly related to the Constitution. Just about every conservative initiative targets some part of the Constitution, or hadn’t you noticed? ALEC writes virtual Nazi operas. Trump, apparently the only un-prosecutable thing in America, and the deranged QAnon circus aren’t under proper medical or veterinary supervision. It’s a very long list of issues, and people are making billions out of it.  

You do nothing much and very verbosely. The long-winded middle-class academic abstracts have yet to translate into any practical measures.

“Yes, we’re all very sincere. … We just can’t be bothered organizing, lobbying,  or getting things done,” doesn’t seem to work too well, does it?

Nor can progressivism take any credit at all for the inevitable mid-terms backlash against this atrocity. The people are extremely angry, and they WILL vote like never before. Forget voting restrictions and other legislative jerkoffs while you’re at it; postal votes can be registered, remember.  

So, “Progressive America”, what are you made of? Looks like high fructose sugar right now. A drop of water or any other form of liquidity, and it melts. SCOTUS and anything like it must go from the judicial system. Judges should have no political sponsorship, rise through the ranks, and be appointed to hearings on a standard case basis; not pet judges.

Either that or you won’t have an America in a few years. You’ll have a sort of Holy American Empire, a dysfunctional grouping of petty kingdoms with redneck overlords.

Just one more thing – Every time America goes against Constitutional principles, it lands on its butt, deservedly so. This will be no exception.

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Disclaimer
The opinions expressed in this Op-Ed are those of the author. They do not purport to reflect the opinions or views of the Digital Journal or its members.

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Editor-at-Large based in Sydney, Australia.

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