How The Supreme Court Became A Corporate Rubber Stamp
Today's six-member supermajority on the Supreme Court has surrendered all claim to being an impartial moral force for blind justice. Instead, the GOP's small network of corporate and right-wing operatives has painstakingly fabricated and weaponized the court as its own political oligarchy. In only a couple of decades, backed by a few billionaires, these anti-democracy zealots have incrementally been imposing on America an extremist political agenda that they could not win at the ballot box.
Their "Eureka!" moment — the startling development that opened the eyes of the moneyed elites and ideologues to the raw power they could grab by politicizing the judiciary — was the Supreme Court's illegitimate Bush v. Gore ruling. In December 2000, that five-person GOP majority abruptly crashed Florida's presidential vote count, storming over both democracy and judicial propriety to install George W. in the White House. Appalled, dissenting Justice John Paul Stevens mocked the five, pointing out that while their trumped-up ruling didn't really establish whether Bush or Gore won, it did make the loser "pellucidly clear: It is the Nation's confidence in the judge as an impartial guardian of the rule of law."
One of those who helped run the court's blatant political power play over the Florida vote was an obscure corporate lawyer who had long been an aggressive, behind-the-scenes Republican monkey-wrencher pushing to restrict voting by people of color, poor people and other Democratic constituencies: John Roberts. Shortly thereafter — surprise! — Bush elevated Roberts to a top federal judgeship, and just two years later moved him on up to America's ultimate judicial power spot, chief justice of the Supremes.
From this lofty roost, Roberts has orchestrated an expansive political docket for the court, handpicking cases created and advanced by far-right interests. He then has manipulated precedents and procedures to produce convoluted decisions that impose plutocratic, autocratic and theocratic domination over the American people's democratic rights and aspirations.
To date, Chief Justice Roberts has cobbled together slim, all-Republican majorities to hand down more than 80 blatantly partisan rulings, fabricating law that We the People have never voted for and don't support.
It's bizarre to have the Supreme Court, the least democratic branch of government, professing to speak in the name of The People. Even as its right-wing core is grinding out an unprecedented level of partisan judgments that We the People clearly do not want — and will not support. Take that abortion right, for example, that the court — now freshly packed with former President Donald Trump's trio of Amy Coney Barrett, Neil Gorsuch and Brett Kavanaugh — will likely move this year to nullify. If they do, it will be a pricey "victory" for those politicos, because they are imperiously thrusting their own agenda over the overwhelming will of the people.
Helloooo, your honors: Some six in 10 Americans have consistently and passionately affirmed that these deeply personal and emotional decisions belong to the women affected, not to unelected ideologues and political opportunists. A court so far out of touch with the people is marching forth with no cloak of legitimacy, squandering its authority to be taken seriously, much less obeyed.
Not only has this band of self-righteous judges been punching their reactionary social biases into court-made law, but they've also been rubber-stamping cases to enthrone corporate supremacy over us and our environment. Throughout Roberts' reign, the court has sided with the U.S. Chamber of Commerce (the chief front group for U.S. corporate giants) a staggering 70 percent of the time! Indeed, three members — Roberts, Samuel Alito and Clarence Thomas — now rank among the five most corporate-friendly justices of the past 75 years.
This aggressive corporatization and partisanship has lifted the Supremes to a new level of public awareness — much to their chagrin. In a Quinnipiac survey last November, more than six in 10 Americans said they believe Supreme Court decisions are motivated primarily by politics, not by unbiased readings of the law. Rather than instilling a modicum of humility, however, the bad reviews have stirred embarrassing outbursts of judicial pique and vitriol. Alito, for example, whined loudly last year that critics are engaged in "unprecedented efforts to intimidate the court or damage it as an independent institution." Likewise, Barrett was so stung that she felt it necessary to go public with a strained denial, pleading for the public to believe that "this court is not comprised of a bunch of partisan hacks."
Note to petulant judges: If you don't want to be called a partisan hack, stop being one. And, Brother Alito, it's not critics who're damaging the third branch "as an independent institution," it's your obsequious fealty to corporate interests and your knee-jerk allegiance to extremist ideologues. You can wear the robe, but you can't hide in it.
Reprinted with permission from Creators.
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