Friday, July 1, 2022

The SCOTUS Pandora's Box

So, what happens when a US President is so obsessed with winning votes that said president will nominate incompetent judges put forward by an evangelical, rapture-believing religious cult to the Supreme Court? And when a cult-driven congress confirms these incompetent, cult-minded, ideology laden individuals?

They begin to make decisions that will destroy the fabric of this country, that's what. And they justify these decisions based on what was reality in 1787.

Beware of the fallout from the recent SCOTUS decision banning abortion. It's tentacles can have far-reaching effects and may be responsible for new state legislation and subsequent litigation for years to come. This article about Alabama is the tip of the iceberg. It wont be long before they come after same-sex marriage, LGBT anti-discrimination laws, and who knows what else based on the fact that such laws "are not deeply rooted in our history or traditions" 

From The Advocate:

"Alabama’s attorney general’s office filed a brief Monday that made similar arguments found in the SCOUTS decision, according to the Associated Press. Namely, the state argues that gender-affirming care isn’t “deeply rooted in our history or traditions,” which is directly taken from the Dobbs v. Jackson Women’s Health Organization ruling on abortion rights.

Because it is not “rooted” in U.S. history, Alabama claims it can ban the treatments. In the brief, the state also argues for a ban not only on gender-affirming care to youth, but to transgender adults as well.

“No one — adult or child — has a right to transitioning treatments that is deeply rooted in our Nation’s history and tradition. The State can thus regulate or prohibit those interventions for children, even if an adult wants the drugs for his child,” the brief states. “The Constitution reserves to the State—not courts or medical interest groups—the authority to determine that these sterilizing interventions are too dangerous for minors.”

The brief also states, “Just as the parental relationship does not unlock a Due Process right allowing parents to obtain medical marijuana or abortions for their children, neither does it unlock a right to transitioning treatments. The Constitution reserves to the state — not courts of medical interest groups — the authority to determine that these sterilizing interventions are too dangerous for minors.”

Let's make a list of federal laws that are NOT DEEPLY ROOTED IN OUR HISTORY OR TRADITIONS, overturn all of them and leave everything to the States. It will become a hodge-podge of laws and regulations, a veritable nightmare of navigation, a chaotic mess of a country. It will turn the US into the Dis-United States of America, the Fragmented States of America, the Backward States of America.

We have become a joke of a nation.      


Bob said...

Interracial marriage isn't rooted in the Constitution as people of color weren't considered fully human.
Sorry, Clarence, maybe some on SCOTUS will come for your illegitimate marriage.

Russ Manley said...

Agree with all you said. Here's what's already brewing in Texas:

Texas Attorney General "willing and able" to defend sodomy law

Forty years ago when I was newly out, I saw a great T-shirt on a guy at the bar. over the b&w text of the Texas sodomy law was a big red stamp: GUILTY.

It was funny then. Now, not so much.

Debra She Who Seeks said...

An extreme-right majority on the Supreme Court will scar your country for decades. Especially since you have no term limits on how long your Supreme Court justices can serve. Your only hope is to consistently elect progressive governments to offset their rulings with legislation (to the extent they can) and appoint more progressive justices until 3 of the current conservatives have died/resigned, in order to eliminate that majority brick wall. That's not going to happen overnight.

Moving with Mitchell said...

SCOTUS is by far the worst damage Thing 45 has done — so far. With no end in sight. The USA has become a complete embarrassment.


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