Supreme Court – worth fighting and fussing about?

By Nathan Barton

Eric Holder, that wonderful paragon of government service “to the people” and incredible example of strict adherent of the rule of law, has condemned the Nazgul, questioning the body’s legitimacy in the wake of adding Kavenaugh to its august membership. His attack is echoed by thousands of other talking heads. Among other things, it seems the first bill which will be introduced by the inevitably Democratic-majority House of Representatives will be to impeach the man. Based on what might, by then, be all of twelve or thirteen weeks of work.  Work which is unlikely to have resulted in a single SCOTUS decision, based on their usual schedule.

Others have declared the “death” of American democracy, the demise of the Supremes as a viable institution, and worse.  Mobs continue to roam the halls and streets of DC, seeking victims for their ire.  Once again, it seems that the world is doomed.

(To listen to the screams of protest, I wonder if progressive women are not hurriedly getting pregnant so that they can enjoy another cycle of rite by getting an abortion before he locks up their uterus.)

Brett has major problems, but so does every Nazgul appointed in the last fifty or so years.  Exactly what we would expect from this institution.  And indeed, little different from their history all the way back to the original appointments by G. Washington way back in 1789.

But he certainly cannot single-handedly destroy our “democracy” (which we never really have had).  Or the Republic. (Because it has already been destroyed, if for no other reason.)

Enter Garrett Epps, who writes for the Atlantic. The Nazgul-in-Chief, as a body, are dead and rotting. He writes their requiem. He says that he “loved” this now-dead “independent arbiter of the rule of law.”

I call a foul on that.

The Nazgul, and all their lower-level minions, have ALWAYS been political, always been partisan.  No matter what image they strove to present to the world, and especially to the other parts of government and the supposedly free people of the former American Republic.

He admits it in the very article: the Supremes rule by fear – they force American society (not just the South) to change, willy-nilly, how we live and work and deal with one another.  Not on the basis of constitutional law, or the laws of nature and nature’s God. Rather, on their whims, and thanks to “democracy” (in the form of five beats four). They ultimately depend on the rest of the government of which they are a part, to enforce those whims. They are no more independent than anyone who depends on a paycheck.

Which means that they rule by fear – and are ruled by fear. The current group, and most of the courts clear back to John Jay, constantly demonstrate their lack of moral courage, their lack of understanding of liberty and law, and more. Including their arrogance and disdain for lesser beings.  (It is more than their black robes that associate them in my mind with Nazgul.)

They are, of course, at the peak (or nadir) of their chosen profession: that of lawyers who always long to graduate from chasing ambulances and fleecing clients to the dignity of ever more power to ruin some people’s lives while benefiting the elite to which they belong. And the prestige (dubious, I reckon) of being able to override the decisions and beliefs of millions and millions of people: forcing them to change.

Epps is right, in a way: the impartial arbiter and guardian of liberty and freedom is gone forever.  Because it never existed. There is no corpse to fight over, because what is left is a stumbling zombie. Indeed, that is all it ever was.

What can we do?  There are calls for term limits.  There are calls for “reforming” the Senate’s process of advising and consenting to the White House’s appointments.  But I’ve seen a few people who have a serious grasp of the problem.

It is, simply, too much power – not just “centralized power” held by the FedGov, including all three branches. But too much power held by ALL government agencies, including courts starting with a local town or village justice of the peace right up to the State and Federal Supreme Courts.  And by the last remnants of an official nobility here in the Fifty States: the thugs in suits who has “esquire” after their name.

Until we refuse to accept their power over us, there will be no improvement in the courts.  We will continue (as we have for my entire life) to see the courts take away our liberties nibble-by-nibble. We will see the “justice system” continue to deal out more and more injustice to more and more people with less and less justification other than “we can do what we want to.”

 

About TPOL Nathan

Follower of Christ Jesus (christian), Pahasapan, Westerner, Lover of Liberty, Free-Market Anarchist, Engineer, Army Officer, Husband, Father, Historian, Writer.
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2 Responses to Supreme Court – worth fighting and fussing about?

  1. Bricky says:

    Want to solve the SCOTUS impasse? Make state courts great again
    https://www.conservativereview.com/news/want-to-solve-the-scotus-impasse-make-state-courts-great-again/
    Can we all agree NOW that the Supreme Court has too much power?
    https://www.conservativereview.com/news/can-we-all-agree-now-that-the-supreme-court-has-too-much-power/
    State Constitutions and the Protection of Individual Rights
    https://www.jstor.org/stable/1340334?seq=1#page_scan_tab_contents

    Like

    • TPOL Nathan says:

      Certainly this would be far, far better than the current situation. But do not most state’s courts have the same problems as the federal courts? Their supreme tribunals have the same basic organization and methods as SCOTUS, I think. (Though as I recall, at least some states do have procedures whereby the electors of the state can deny a sitting justice continuing to be seated.) But virtually anything of this nature would be an improvement.

      Like

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