Five thoughts about a conservative court

The President’s selection of Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy is getting the expected party line reactions this morning. Conservatives think it’s great. Liberals think it sucks, and so it goes. As one of the insiders who helped Pat Robertson shape his presentation of right wing news, I know well not only the religious zeal behind the conservative perspective but also what will come next. As usual, I have a few opinions.

One, the conservative majority that a Kavanaugh approval will make is built on an immoral and unethical foundation, and it will have consequences. Life will tolerate cultural manipulation only so long. This is not the will of the people, although that’s how it’s going to be presented. It’s the will of those who blocked the nomination of Merrick Garland by Barack Obama in 2016, those who also represent the 1%. Christian conservatives think it’s all about moral issues like abortion, the Ten Commandments, and school prayer, but a conservative court is more so a pro-corporation court. Folks, it’s always and always about the money.

Two, as a consequence of number one above, the kerfuffle about possibly overturning Roe v Wade is a productive sideshow for those occupying 1% status. Everything that the World War II generation and before fought to accomplish in the work force and socially will be shoved aside, in effect, granting license to corporations to do as they please in the generation of profit. How easily people forget, for example, that the entitlement of weekends is a gift of U.S. labor efforts in Congress and the White House. “Oh, Terry, they’ll never do away with weekends.” Really? Where’s the governor that will prevent it?

Three, assuming the sideshow produces fruit for Christian conservatives, Roe v Wade is only the beginning. There’s also pornography, school prayer and display of the Ten Commandments that need, um, “correcting” in the establishment of a Christian nation. And, let’s not be fools. Abortion isn’t about innocent babies losing their lives anyway; it’s about the act that created the unwanted baby in the first place. In this area, there is no end to the mischief that can be generated by a 5-4 or 6-3 conservative court.

Four, as a consequence to numbers two and three, the court will have to invade the institution of MEDICINE in order to make illegal what is at core a MEDICAL decision between doctor and patient. This precedent would have profound implications for the future, especially in the area of genetics and even its study. Think it can’t happen? We’ve already had the government take pain relief out of the hands of doctors and put it into the law and order category. A conservative court would also most certainly put caps on lawsuits against doctors were it not for the fact that our legislative branch is filled with trial lawyers.

Five, conservatives are all about order and the ability to manage it. It’s the top personality trait of conservatives, so look for a series of cases that present opposition as chaotic or without order. The arts, for example, will always lose out to law enforcement or the military in a zero sum, order-dominant atmosphere.

As I wrote earlier, the fascinating thing about this to me is the misuse of the “strict Constitutionalist” litmus test for conservative nominees, which is based on the view that the Constitution never considered laws being created by Supreme Court rulings. This is the judicial branch’s method of creating law, which according to the Constitution, is reserved for the legislative branch. It’s the result of judicial precedent, something we hear about all the time in our crime dramas on TV. In the conservative legal hierarchy, judges are supposed to decide the merits of individual cases, not actually make law that will impact decisions in subsequent cases. Pat Robertson hammered this concept home in program after program in attempts to help God fix what was wrong with the Supreme Court. However, this, it turns out, is not the case when it comes to decisions that leave conservative results, for then it’s all right for judges to “legislate from the bench.” Who knew?

If all this continues, one day we’re going to have to look at how the Supreme Court is formed. If it is the political instrument that both sides seem to think it is, that’s going to have to be changed. Perhaps we should elect four liberals, four conservatives, and one swing vote. That would require a Constitutional Amendment, so the likelihood is not good.

Sigh.

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