Friday, June 26, 2015

The Supreme Court fails us again.

I suppose we should get used to Supreme Courts doing this sort of thing.

Our own state's Supreme Court has no legal ability to force the Legislature to do anything, any more than the Legislature can force the Supreme Court to do anything.

You wouldn't know it by the state GOP Senate's actions, though, as they go through the motions to satisfy their Supreme Court Masters by wasting additional billions on the state education plant that they do not have to spend.

At the national level, yesterday was the Supreme Court's misfeasance in acknowledging a law,
 “In this instance, the context and structure of the Act
ignoring the plan language reading of the law (See footnote Carcieri)
compel us to depart from what would otherwise be the most natural reading of the pertinent statutory phrase.”
And then legislating what they think the law SHOULD be.

In reality, the proper decision would simply be to throw the law out and to tell Congress to fix it.

That was their only job.

Instead, they ignored what was right in front of them, ignored established precedent (Plain language) and then simply made it up as they went along.

How this is supposed to inspire the American People to have any confidence in their Judicial System is beyond me.

Don't like the law?  Ignore it and turn it into whatever you want.  Yesterday, Pandora's judicial box was blown open, and now judges everywhere will be emboldened to do the exact... same... thing.

Today, we get more of the same on gay marriage.

Laws against gay marriage were never discriminatory.

I, for example, could not marry someone of the same gender.  Nor could anyone else.

That is non-discriminatory in every sense of the word.  But the socialization and politicization of gay marriage has twisted the word "discrimination" into knots.

Merriam-Webster defines discrimination thusly:
: the practice of unfairly treating a person or group of people differently from other people or groups of people
Clearly, then, if a restriction is placed on all people equally, that cannot be discrimination.  And restrictions against same-gender marriage applied to all, regardless of gender.

With equal clarity, without discrimination, there should be no judicial remedy.  That there has been is a rank bastardization of the entirety of our judicial process.

And for me, this issue does not involve morality, or biblical teachings or religion or anything else.

It involves the law.  It involves how government at all levels and in all branches ignore the law when they see fit and how they do so without being held accountable for their acts.

To suddenly discover a non-existent right that has lain dormant in the Constitution, unseen or unheard of since the 18th century when it was written, is utterly absurd... utterly disheartening... and shakes the very foundation of our government and what the concepts of freedom genuinely mean.

We are a country where, literally, up is down and down is up.  In everything from declaring women a minority for purposes of affirmative action even though they are numerically superior as a part of our population to declaring a basketball is a watermelon as the Court did yesterday on Obamacare, our government continues to fail us at every level.

We truly have the government we deserve.  And since the GOP is complicit, there really is no hope.

Carcieri
Reversed and remanded. Justice Clarence Thomas delivered the opinion of the court.[2]
Thomas determined that the authority of the BIA to take Indian land into a trust status hinged on the phrase "now under Federal jurisdiction" in 25 U.S.C. § 479. Using rules of statutory construction, he determined that this phrase limited the BIA to only take Indian Land into trust if the tribe was federally recognized in 1934 at the time of the laws enactment. This holding excluded the Narrangansett tribe from turning land over to the BIA as they were not federally recognized until 1983.[3]

1 comment:

Lew Waters said...

Maybe we should just disband the legislatures and congress an save all of that money we spend to pay for them and their perks.

Hell, they don't do anything beneficial for the country anyway. All we get is lip service from all of them.

Since they allow judicial activism to run rampant, they have given over their duties and responsibilities to the courts.

So why spend Billions every year funding congress and state legislatures?