Thursday, December 28, 2023

SCOTUS Tested

And now Maine joins Colorado in perpetuating the myth that Donald Trump is an insurrectionist and, therefore, ineligible to be on the 2024 ballot. When this case finally makes its way to the Supreme Court, where many pundits claim it will be defeated 9-0, we will get an accurate measure of our state of division. Ketanji Brown-Jackson is surprisingly considered to be the most moderate of the liberal justices, but as a recent appointee of Joe Biden, it will be interesting to see if she rewards his confidence with a vote to remove his chief political opponent. Elena Kagan, a former Harvard Law faculty member, is purported to be farther left in ideology than Brown-Jackson. Still, given her past performances, she appears to skew towards progressive causes over the application of constitutional law, surprising in that a former academic wouldn’t tend to be more impartial as her colleague Dershowitz has been. Sotomayor, an Obama appointee and former activist for Puerto Rican causes, is considered to be the most liberal-leaning member of the court by far, never failing to bend any decision into a racist narrative. It is with her that Americans should have the least confidence, as she rarely breaks with liberal doctrine regardless of the application of the law. The decision should be a 9-0 “slam dunk” based on constitutional law. But this case will offer a rare glimpse into whether the members of the Supreme Court have become partisan representatives of the liberal presidents who appointed them or justices sworn to uphold the Constitution. If the liberal justices fail this test, it is a frightening foreboding of the power a stacked court, long a dream of progressive activists, could wield in this age of judicial activism. 

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