The Supreme Court of the United States, (“SCOTUS”) created, and functionally exists, as the Nation’s highest legal authority, and is taxed with the awesome responsibility, to settle and establish, the Nation’s contested legal issues, by its authoritative and binding decisions (“Judicial Review”). Accordingly, it is of functional and existential importance, that it be entirely free of partisan or ideological influence.
Notwithstanding, such consequential responsibility, it sadly appears, that after fifty years of settled and precedential law, (as enunciated in Roe v. Wade) the legal issue of the personal right of women to obtain an abortion, has been unnecessarily, revisited and callously, overturned. We have selectively employed the adverb, “callously,” since, despite one- a half-century of determined and assured legality, the right had become universally, accepted, and empirically, relied upon.
We had previously, revered, and greatly respected, this august and impartial arbitrator of the Nation’s contested laws, for the consistent justice and wisdom of its decisions; that is, until the inarguably, political case (in 2000), of Bush v. Gore. As will be shown, said case was unprecedently and unconstitutionally, accepted and determined by the High Court. Our consequent disappointment was reinforced by its later acceptance, and determination of the inarguably, political matter, the Citizens’ Union case; and now, further, muddied, by the Court’s political acceptance and determination of an abhorrent, and unusual, revisit to the settled abortion rights controversy. We will elucidate, further, in the following paragraph, but not before, observing, that the formerly revered, history of SCOTUS, had been one in which civil rights were protected, not taken away
SCOTUS is, as understood, one of three independent parts of our constitutionally, created, tripartite government, i.e., the “Judicial,” the other two, being the “Executive” (Office of the President) and the “Legislative” (Congress). The Constitutional provision mandating the “Separation of Powers,” since the inception of SCOTUS, constitutionally, mandates a special proceeding, termed the “Writ of Mandamus,” as prerequisite to the admission of a case, to successfully, demonstrate, that no “political issue,” was conceivably, impacted, directly, or indirectly, by the relevant case.
It is, distressingly disappointing, that the Gore v. Bush, election dispute and the Citizen’s Taxpayer cases, were, indisputably, “political cases and, accordingly, their acceptance and determination were inconsistent with the SCOTUS precedent. Any sophomoric observation of the 1995 Citizen’s Taxpayer case, would inarguably, lead to the (obvious) conclusion that its admission and subsequent determination, were inadmissibly, political and partisan, favoring wealthy donors to political campaigns.
The High Court’s partiality was evident, by its sophomoric and erroneous rationalization, doubtlessly deemed necessary for its partisan determination. In essence, SCOTUS held that corporations were “persons,” and therefore had the protected, Constitutional right (freedom of speech) to contribute any (unlimited) amount of money to political campaigns. It is shocking and regrettable, to observe that such reasoning appears to be abjectly, cynical; every law school freshman knows, that the corporate “person,” is merely a legally created and recognized, contractual fiction (to limit liability) and has no rights of personhood or humanity, whatsoever. Surely, SCOTUS must be apprised of this concept as well, as law school freshmen and most businesspersons; they should be ashamed of themselves for the inarguably, improper and partisan, granting of copious financial benefit for big business and its attendant damaging inequity to American, voting democracy.
If any doubt, conceivably, were possible, as to the marked decline in principle, and the improper, partisan nature, of the (majority) of SCOTUS, (three of whose justices, were appointed by Donald J. Trump, the undisputed, Olympic gold medal winner, of the title, “Worst President in American History”), every scintilla of such doubt should be dispelled, by the recent action of SCOTUS; in its, all too apparent, religiously, partisan, and improper, erasure of the compassionate, fifty-year-old precedent, assuring the personal liberty of American women, to the exercise of their natural right, to terminate their own pregnancy.
-p.
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