The Disgusting Disgrace that is the United States Supreme Court

I’ve followed closely the composition, actions, and opinions of the US Supreme Court since the late 1960s when I took an undergraduate course that focused on the politics of the court. Never in my lifetime, and likely not since the infamous Dred Scott decision has the court disgraced itself, the US Constitution, and the American people as it has today with a decision that in effect puts the majority of US citizens back under the yolk of religious intolerance not seen since our forefathers ran from the rule of King George III and the Church of England.

There have been bigots, dunces, demagogues and swines sitting on the Court, perhaps until now the most infamous of those being Willis Van Devanter and James McReynolds,

but the sheer gaul and lack of common sense inherent in his opinions and logic make it evident that by far the least qualified justice to ever sit on the Court is Samuel Alito.

In a session that has seen the Court re-interpret powers of the President of the US that are clearly described in the Constitution in order to limit the power of the black, socialist muslim who now holds that office, though it was never a problem for that power to be exercised by two centuries of while presidents, in a session that has seen the
court give the ok to sectarian religions prayers to open government meetings, in a session that has seen the court say that a buffer zone between the entrance to medical clinics and often times violent protesters is a violation of free speech while they retain their own buffer zone that keeps protesters an even greater distance from them, today’s Supreme Court hobby lobby decision bypasses Bush v Gore and is the lowest point in American jurisprudence since 1857’s Dred Scott v Sandford.

In 2010, the most conservative court in our history declared that a corporation, a legal fiction created as a means of financing and controlling a business enterprise while at the same time limiting the personal liabilities of its investors, was a person and possesses first amendment rights of free speech that include contributing unlimited funds to election campaigns. That same court, a court that is “led” by the least intellectual majority in its


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history, has today said that such businesses may also possess religious beliefs, and that such businesses my impose those beliefs on their employees.

Justice Alito in his opinion made many totally unsupportable presumptions, including writing that
the opinion applies only to contraception and to a small number of businesses. Rubbish. The ruling can and will be extended to an unlimited number of other medical procedures, procedures that will include those of various religions seeking to limit their employees’ rights to such procedures on religious grounds, and it will be used to limit costs to businesses who suddenly feel that providing various expensive medical procedures are outside the tenants of their religion.

The facts are that 90% of US businesses fall within the purview of the type of businesses to which Alito’s opinion today gave religions rights, and 52% of the US workforce is employed by such businesses. Companies that specifically would fit into the family-held business description described by Alito would be Koch Industries and ToysRUs.

The dissent written by Justice Ruth Bader Ginsburg includes may astute points that clearly demonstrate the lunacy and danger inherent in Alito’s decision. Among her wise and revealing words, are the following:

“Although the court attempts to cabin its language to closely held corporations,… its logic extends to corporations of any size, public or private.” … Corporations could now object to “health coverage of vaccines, or paying the minimum wage, or according women equal pay for substantially similar work.”

Alito also wrote the majority opinion in today’s decision in Harris v Quinn, and on another day, it would be front and center. That decision begins the process so long sought by right

wing zealots who see nothing but evil in the concept of labor unions. Despite a long and successful history of promoting the first ever laws for workplace safety, limiting child labor, reasonable work hours, and the living wage, the right wing sees all this only with the view to how such developments in the world of labor have

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reduced and continue to reduce their holy profits. They want nothing more than to bring about the end of labor unions, and in the Harris case, a new step was taken, not as big a step as many would have hoped but a step that will take their side on a further journey to, they hope, that ultimate goal.

Today’s decision legitimized a new category of worker, the “partial public employee”, who works for a private individual but who is paid for that work by a governmental entity. The partial public employee, according to Alito, cannot be required to pay the equivalent of union dues despite receiving the same benefits union members derive from union activities, such as collective bargaining and thus increased wages and benefits. The unstated next step, in a case not yet filed but to be herded by right wing handlers to the Supreme Court, will seek to extend that ruling to all government employees. Alito cannot wait to write that opinion.

About theHoundDawg

For many years as a lawyer, I saw much of the good and bad of society, and did what I could to right many wrongs. The lack of understanding of what is good and bad, right and wrong, just and unjust, as evidenced by such events as the election of King W as president, (who as such far surpassed the evil of richard nixon but not quite that of ronald reagan) lead me in a new direction, to spend my time trying to understand what is happening to our society, to try as best I can to spread my insights to others, and along the way to maybe even eke out a living through the internet.
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One Response to The Disgusting Disgrace that is the United States Supreme Court

  1. Shahrzad Shishegar says:

    Right on, Phil. Disgusting, indeed! This country is slipping downward and it will keep doing so until there is an entire revamping of our political system specifically of our ludicrous campaign finance laws.

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