Dysfunctional Supreme Court May Void the Constitution

SCOTUS (2)

Although I may not always agree with Supreme Court decisions, I am more afraid that important issues may receive a four-to-four vote, and a lower court’s decision would become the law. The refusal to hold hearings for Scalia’s replacement is another poor decision by Senate Majority Leader Mitch McConnell.

Soon to be heard cases have serious repercussions, and I fear the worst for some Americans who could lose their Constitutional rights.

A case originating in Orange County, California, involves unions. The question is whether or not all members of the teacher’s union must pay union dues. Some of those dues are used for political support. The fear is that the right wing continues its attempts to weaken unions, and Chief Justice John Roberts has consistently displayed his disdain for unions and union leaders.

Higher education for all Americans will be addressed by the Court. At stake is the University of Texas’ affirmative action program. This is the second time the Court will hear this case. The first time it was returned to a lower court to solve the situation. This case could affect diversity in our institutions of higher learning for generations.

Another case involves the precept of “one person, one vote.” Texas seeks to diminish the value of the Hispanic vote by moving voting power to the suburbs and more rural areas rather than larger cities. Desperate Republicans are making another effort to secure elections through questionable tactics designed to keep Democratic-leaning voters away from the polls.

Christianity will raise its ugly head once again in a case involving the Affordable Care Act. Why one religion has been allowed to influence our government, I do not understand; this alone is unconstitutional. The case involves a requirement that employers provide birth control for their female employees. Those who claim religious bias can opt out, but a petition must be delivered to the federal government. Once again the Christian religious right is controlling the right wing, and opposes the Constitutional rights of all Americans.

Another Texas case which may be heard by the Court involves abortion laws. Texas has added requirements for legal abortion clinics which offer services to lower income women; mostly minorities. The stringent rules have forced most of the clinics to close. The question is whether or not the law supports discrimination.

The abortion issue is a travesty. Once again religion has taken precedence over the Constitutional rights of all women. Laws executed by several states which are similar to Texas,’ allow women of substantial income to receive an abortion if they choose, but denies low income women, and those living in poverty to receive the same health care.

The worst scenario is that all of these cases will result in a tie and reveal the Court as a dysfunctional branch of our federal government.

There is no question that the Court has become more politicized than at any other time in our history. With the passing of Antonin Scalia, the most extreme right wing justice has been removed from the equation. Alito and Thomas remain staunch supporters of the Republican Party. While Roberts is a conservative, he occasionally sides with the Constitutional rights of the petitioner.

It’s time for McConnell to work for his wages. He must be forced to hold hearings for Merrick Garland. Sadly, Congress has been dysfunctional for years under the poor leadership of Boehner and McConnell; we cannot allow the Court to suffer the same terminal condition.

Op-Ed

By James Turnage

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