If neither dominant party represents you, consider the
Libertarian Party.
SCOTUS
In the wake of Dobbs and the cancellation of Affirmative Action in college admissions (July 2023), it is time to comment on
the Supreme Court of the United States (SCOTUS).
First off, I HATE the references to a Liberal or a Conservative court. SCOTUS is to defend The Constitution of the United States
without prejudice and interpret legislation passed by Congress against provisions set forth in the The Constitution of the United States.
It is to do so based on Law, NOT politics.
Yet, since The New Deal, SCOTUS has been politicized. Sadly FDR influenced SCOTUS to the left to advance his New Deal scheme. Since then,
there have been legal pendulums to both right and left.
Prior to President Trump appointing three Supreme Court Justices the court was 5–4, left leaning. With Gorsuch, Kavanaugh, and Barrett
the court has allegedly swung far right.
Originalism and Textualism
The truth is
President Trump gave SCOTUS a shot of originalism and textualism.
This is most refreshing versus a blatantly political court.
Many on the left are now crying foul because they have lost their influence on the court. And the truth be told, the right is also NOT happy with the
Chief Justice and Justice Kavanaugh. Their judicial "conservatism" is NOT aligned with the GOP's right leaning platform.
I like most SCOTUS decisions since the addition of the three Trump appointees. Again, the focus has been The Law. Today SCOTUS is critical of Congress
for NOT doing its job, for NOT legislating what it ought. SCOTUS will NOT support Executive Orders that are clear overreach of
duties given to the legislative department.
Federalism
Originalism and Textualism do NOT align with Progressivism. Hence, Ds/liberals are now frustrated. In several decisions
Federalism has been reintroduced into our civics. We are (finally) leaning toward Life, Liberty, and legally obtained Property
and away from BIG federal gov't
nudge thanks to SCOTUS.
Recent Decisions
Trump v US
Presidents (and other federal offiicals?) have full sovereign immunnity for
official acts. Personal acts are still under the scrutiny of
the law. IMO, this means actions taken to discharge duties prescribed by
The Constitution of the United States allow officials to
get 'er done. This decision re–emphasizes current practices and customs of federal service. However, it may now define punishable
personal acts done during public service … like,
Insider Trading maybe?
Loper Bright Enterprises v Raimondo (2024)
Reversed the "Chevron doctrine". Administrative agencies can NO longer interpret their (own)
poorly worded regulations. Executive agencies can NO longer also be judge and jury. This is a YUGE win for US business and citizens.
Let's take a further step to reverse the Reorganization Act of 1939.
Fischer v US (2024)
Jan 6 protesters cannot be indicted under Sarbanes–Oxley (SOX)
obstruction provisions. The court's Originalist ethic dismissed
these creative charges.
Grants Pass, Oregon v Gloria Johnson (2024)
Municipal
camping in public spaces bans can be enforced. SCOTUS reaffirmed communities have authority
to address local/social issues. This is an especially good decision … it aligns with Amendment IX.
It rightly brings the problem of homelessness to
municipal leaders. I wait for a community to find
"the solution" and have other municipalities adopt that workable solution.
Trump v Anderson (2024)
Shelby County v Holder (2013) asserted that sovereign states
control their voting processes. The Trump decision
that states cannot determine eligibility of federal offices seems counter intuitive.
Do the sovereign states "own" the voting process for their state? I lean towards YES.
However, a mere handful of state citizens do NOT establish legal standing. Hence, the complaint is denied.
This will "let" the voters decide.
Dobbs v Jackson (2022)
Governance over abortion was wrestled from the federal gov't and given back to the sovereign states.
Since social issues belong to the sovereign states this is a particularly good decision.
Besides there is NO right to privacy listed in The Constitution of the United States. Amendment XIV's equal protection clause
does NOT include, nor infer a "right" to privacy. The current court has reassessed some creative interpretation circa 1973.
Originalists do NOT operate in such creativity.
Biden v Nebraska (2022)
Executive orders cannot appropriate $ 430,000,000,000. That level of spending must be done legislatively.
And then that program must benefit ALL US citizens and residents; it cannot be another instance of
Legal Plunder.
Students for Fair Admissions, Inc. v President and Fellows of Harvard College (2022)
Affirmative Action programs for college admission are illegal. By favoring some, others are discriminated against. Laws MUST apply to everyone.
Discrimination in any form is repugnant. Public accommodations cannot discriminate; they use public funds and/or public facilities.
Yet, Harvard is a private institution.
A side note – Harvard's YUGE endowment may raise public ire.
Creative LLC et al. v Elenis et al. (2022)
Private businesses are NOT public accommodations. A business will either succeed or fail based on its business decisions.
Controversial business practices can lose customers and cause the business to fail.
Besides, there are ample graphic designers in the open market.
Life, Liberty!, Property
Web Author - Mike Kolls