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Tuesday, September 04, 2018

Make the Supreme Court Irrelevant Again

I see where the Senate will vote on confirming a Supreme Court justice next week. Paul Bedard of the Washington Examiner noted a poll that showed Americans are very interested in the Supreme Court.

That is bad news because it shows the Supreme Court has injected itself too far in our lives.

"The C-SPAN survey, which again found wide support for televised oral arguments, said that 91 percent answered Yes when asked if, 'Decisions made by the U.S. Supreme Court have an impact on my everyday life as a citizen,'" he wrote.

No. Just plain no. The Supreme Court should not be that important.

Justices should stick to mundane things such as copyright laws, bankruptcy regulations, and the constitutionality of the ban on ripping the tag off a mattress.

The last item is meant as a joke. There was never such a ban once you bought the mattress. It applied to stores.

But no. The judges have to stick their noses in everything. Consider Griswold v. Connecticut which struck down the state's ban on contraception. Justice Potter Stewart disagreed with his colleagues.

"I think this is an uncommonly silly law," he wrote in dissent.

He did what all but one other justice failed to do. He put his feelings aside.

"But we are not asked in this case to say whether we think this law is unwise, or even asinine. We are asked to hold that it violates the United States Constitution. And that I cannot do," he wrote.

Eight years later, he forgot all that and voted with six others to make abortion a right, making a decision that the 50 state legislatures should make.

On through the years, the busy bodies in the courts played social justice warrior, deciding such issues as gay marriage. Again, the regulation of marriage is a power given to the states. If there is a constitutional right to gay marriage, then is there not one for 12-year-olds, siblings, and polygamists? States ban those marriages.

Love is love, after all.

But there is hope that a conservative court will rein in the excesses and yes, abuse of power by Ruth Ginsburg and her ilk.

During his confirmation hearings, a senator should ask Judge Brett Kavanaugh what he will do to reduce the number of Supreme Court decisions -- and how he will uphold the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

As those other Supremes sang in the song "Keep Me Hangin' On":
Set me free why don't cha babe
Get out my life why don't cha babe
Get out my life, Ruth Ginsburg, Elena Kagan, Sonia Sotomayor, Stephen Breyer, and all the rest.

Griswold was judicial overreach.

One state having an uncommonly silly law affects a far smaller number of people than nine justices giving all 50 states an uncommonly bad decision.

I long for the day when a Supreme Court confirmation hearing is as important as the vote on re-naming a post office. That won't happen until the justices recognize and honor the limitations of their power.


  1. I felt like that about SCUS ever since I heard about Marbury v Madison.

    1. In Marbury v. Madison, Chief Justice John Marshall betrayed the American Revolution and unilaterally instituted governance by the oligarchic elite. (This later was echoed in how the George Bush's H.W. and W. betrayed the Reagan Revolution of the 1980s and re-instituted the supremacy of the oligarchic elite.)

  2. We should use the word Supremes only when Diana Ross is singing.

  3. Maybe my favorite example of Supreme idiocy is their take on the Bill of Right and Fourteenth Amendment. The Supreme hold that a a particular amendment from the Bill of Rights is only applicable to the several state is the Supremes deem to incorporate the particular amendment into the Fourteenth. Pray tell from where did the Supremes concoct their exclusive power of incorporation?

  4. congress and the Exceutive both allow the SC to make the decisons tha they do not want to toutch.-gives them cover.
    BTW the Kavenaugh Hearing has turned into a Charlie Foxtrot.. the Dems are making ares out of themselves..TG

  5. Nice thoughts from Don, but never ever going to happen. America is the most litigeous society in the world because of its wealth. Will that ever change? No. So the courts will always be open day and night so to speak. But probably the main reason we are as strong as we are, aside from our military, is the percived fairness of the American court system in the eyes of the world. To me the immutable voting block the Ginzbergites have created in SC is a great evil because its presence states that since reasoned equity will not be a demanded of all members of the Highest court there is no reason why it should be expected from any member of the lowest. It is a call to wear the bandarilla rosa of Latina Gorda, who said about herself and judges in general, "We make the laws".
    Hopefully it's leader will join McCain in Hell soon and DT will restore what was always great about the USA, its basic fairness in the application of law. Perhaps he can even get Congress to step up to its own responsibility to make some good ones, another miracle on his watch.

    1. Well said, Pmd!

      The Notorious RBG herself said that she preferred the constitution of South Africa to our own.

      I think it would be fitting for her to go to South Africa; their famous "necklacing" would improve her judgements wonderfully well, and I doubt she'd sleep through the ceremony!

  6. SCOTUS after SCOTUS has used the 14th Amendment to nullify the 10th. The High Court gets too much deference from the other two branches of the Federal government. Despite the weasel words of that failure of a CJ, John Roberts, the Court (along with, and especially by, the lower courts) continues to intrude into the legitimate authority of Congress and of the President. Congress needs to do the "unthinkable" and fire a shot across the bow of our activist courts. Once before in our nation's history, Congress abolished all of the lower courts and started anew. I am unlikely to live long enough to see a repeat of that, but I can hope.

  7. But the good thing is if so many people are interested, then they'll see the bleep show the Dems have already made of the hearings this morning.

  8. The SC is one of the main reasons that Christians were well able to hold their nose over the social NON-conservative Trump and vote for him.

    He promised conservative judges. He even had a list of 25 candidates, which he followed / is following.

    Trump is keeping his political promises far more than any other President since WW II, including Reagan. (Also not so good on the deficit).

    Trump picking conservatives for SC is a huge win for America -- one of the key reasons the DC elite hate him.

  9. Well blast, I'm 76 and NOW I find out that there are no mattress police...

  10. The #FakeNews is flying fast and thick, by omission and commission.

    Of course they won't mention Ted Cruz's point; that these documents cannot be produced any more than the copies of Obama's and McCain's birth certificates that Brennan stole from the State Department.

    They call it "chaos" when Linda Sarsour screams, but it was all carefully planned. Democrats had to invite her. You don't just wander in from the street. And they do this at every confirmation, unlike Republicans, who never do this. But Trump.

    Nor did they mention her penchant for flashing the ISIS sign.

    It's kinda' weird when you think about it; they're mad because they think Kavanaugh won't tyrannically impose his values on others. Of course, it's really their values they want tyrannically imposed on us.

    Above all, the #HospiceMedia will never ask the real question; Why?

    Why do they need Hawaii judges to scribble on the Constitution, inventing law and imposing their views on everyone in the first place?

    A: Because their values are unpopular, perverse, treasonous, dangerous, stupid and counter-productive and they can't pass them honestly so they prefer to hide behind judges.

    Like the Deep State Coup and Shadow-Ban Censors, it's all about Raw Power.

    1. I agree with this. One is reminded of a famous image in a famous book: "a boot stamping on a human face- forever". It is their rage at grievance that fills them with joy and they love it to the exclusion of everything else. Like a rat pressing a lever to excite an elactode inserted into its brain's pleasure center they will keep pressing until they die of starvation.

  11. Don,
    Think what you will,but thank God POTUS Trump is making the selections for SC.You would have a different view of the SC if the hag was in power.

  12. Actually Don, in my view Congress, by ceding more and more power to the Executive and Judicial branches, is to blame for SCOTUS being so important to so many. If they would get off their dead asses and do their freaking job legislatively they could restore the balance of powers the Founders foresaw. Instead they spend all their time preening, posturing, and campaigning.