Monday, October 12, 2020

The turning of the Supreme Court into an ideologically lopsided institution

 Elections have consequences. The turning of the Supreme Court into a politically ideologically lopsided institution with the GOP ramming through Trump's third nomination, Amy Coney Barrett, will also have consequences that on critical issues the majority of that body will represent the views of only a third of the American people.  What is left for Democrats is to make the GOP Senators pay. If the Senate turns blue, and Biden is elected, there is a chance that some of the damage can be undone. Roe v Wade could become a law legislated by Congress. The state legislatures and state courts also play a role in righting this ship. This November 3 election is more than about just the election of the president. It is about the entire ballot, national, state, and local.

 The Supreme Court could become more ideologically balanced by expansion. However, the chances of issues of interest to Democrats reaching the Supreme Court will be less since the lower courts have also become much more conservative due to the singled mindedness of the GOP dominated Senate to stack it with ideologues screened specifically for their views on issues, not for their devotion to jurisprudence or precedence. This nomination was not screened by a religious group. It was not a religious test in spite of the GOP attempt to turn this into an anti-religious issue. . It was screened by a political and ideological think tank, The Heritage Foundation, who listed Amy Coney Barrett as one of their choices for the Supreme Court and had also had a list of recommendations for lower court positions, as well. The advantage Democrats will have lies in hands of the voters who two to one oppose overturning Roe v Wade and two to one support the provisions of the ACA (Obamacare), as well two to one supporting the rights of gay marriage. In short, the issues the GOP senators support represent one-third of the opinions of the American public on critical issues..  In reality, the damage done to the courts is to make it an institution that is so out of step with the public, it will lose credibility and respect. What is needed is not to turn the Court blue, but to have judges on it who are not hidebound ideologues who passed the litmus tests of ideological think tanks, but who would rule on the basis of the law and observe judicial precedent instead of turning back the clock to the 1950s or even to the end of the 18th century. 

Colorado can do its part by voting to defeat Cory Gardner. I noticed in a Gardner ad that he opposes government-run health care. That means ending Obamacare (ACA) since his voting record reflects this, but it also could apply to publicly run Medicare and Medicaid and let the private for-profit sector again gouge those who need those services into the realm of unaffordability.  Remember, too if the GOP has its way, Social Security will be subject to the mercy of the casino of Wall Street. The protection or repair of the damage to these popular government-run services will depend upon the outcome of the election of senators and the White House.    see  chart 3

1 comment:

  1. I kept on wondering what would emerge if these folks could all see each other's ideas)
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