If you believe in the America in which I was raised; a nation offering freedom and justice for all, and protection of equal treatment under the law, you celebrated the Supreme Court’s decision which struck down Texas’ prejudiced abortion law. You are also pleased that Antonin Scalia is no longer on the Court. His extremist views harmed underprivileged Americans for decades.
Although it is likely that yesterday’s vote would have been 5-4, instead of 5-3 with his presence on the Court, his influence would have affected other cases which would leaned to the right.
Because of Senate Majority Leader Mitch McConnell’s refusal to hold hearings for a ninth Supreme Court Justice, several cases have received a 4-4 tie during the now completed session. A tie forces the case to revert to a lower court’s decision, resulting in a dysfunctional Supreme Court.
United States v. Texas, Rebecca Friedrichs v. California Teachers Association, Valerie J. Hawkins and Janice A. Patterson v. Community Bank of Raymore, and Dollar General Corporation v. Mississippi Band of Choctaw Indians were all cases resulting in a 4-4 tie. It is highly likely that if Scalia had remained on the Court, most of these cases would have been decided in favor of the conservative point of view.
McConnell is making a serious mistake, and his refusal to perform the job for which he was elected will add to the low opinion history will have of his failed leadership.
President Obama’s nominee, Merrick Garland, is considered a moderate and an excellent jurist by both parties. If Hillary Clinton wins the November election, she is likely to nominate a far more liberal individual for the Court. In addition, there are rumors that Clarence Thomas is considering retirement. Thomas was Scalia’s “marionette,” and replacing him will likely move the Court farther to the left.
The media praised Scalia for his service and judicial expertise. They ignored the fact that his decisions frequently caused harm to the majority of the American people, and were questionable in relation to the Constitution.
His demise will likely allow the Court to be more objective in future decisions when nine justices are present. The most controversial decision led by Scalia was in 2010. Citizens United was declared legal because he and other right wing justices claimed that ‘corporations are people.’ It led the way for unlimited ‘dark money’ contributions to political campaigns.
Those of us who despised Scalia will not miss him. He crushed the hopes of millions of Americans as his biased decisions supported the concerns of the Republican Party.
It appears that the future of the Court is bright. There is a distinct possibility that Democrats will regain control of the Senate, and McConnell will be removed as the Majority Leader. That, combined with a Democratic presidency, will guarantee a court which is no longer slanted to the extreme right.
For now, Justice Anthony Kennedy is the most powerful justice on the Court. His ‘swing’ vote often decides the outcome of cases accepted by the Court.
Op-Ed
By James Turnage
Photo Courtesy of DonkeyHotey
The Truth With No Restrictions 