The Supreme who changed America

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The Supreme who changed America

The conservative majority of the Supreme Court has wasted no time shaping the country in its image and likeness

For most, it happened at night. In just two weeks, the rulings of the United States Supreme Court have radically changed the country, taking a turn so conservative that no president could have achieved it. The court has expanded the right to bear arms freely, limited the right to abortion to the point of nullifying it completely in some states, blurred the separation of church and state, strengthened police forces and prevented the government from shutting down the coal industry. to combat climate change. Happy birthday, America.

On Monday, this July 4th barbecue will be a coven where women burn their menstrual calendars, men polish their guns and evangelicals pray defiantly. On the flame, charcoal. Black, dark, very polluting. No one can prevent it. The Supreme is the last instance. Thousands, millions of Americans will laugh and dance around the bonfire that will transport the country to a past many longed for. The one Donald Trump promised them when he spoke to them in the “good old days” campaign. The one where the Black Lives Matter protesters who disrupted their gatherings were carried “on stretchers” by the police and the women followed on their heels to pick up the alpha male.

With the mass of bombshell sentences it has issued, the new Conservative force majeure has instructed all the judges in the country on how to rule: attached to the Constitution that founded the United States 234 years ago and rooted in “tradition.” Not that of half a century ago, when your ancestors approved abortion rights in Roe v. Wade, but that of 1868, when the 14th constitutional amendment was passed, which is “how the States regulated abortion,” wrote the majority opinion in last week’s bust. .

The three progressive judges were angry at all these verdicts, calling their colleagues’ “original” attachments “stiff and stiff.” The founders, they interpret, “defined rights in general terms to allow for their future evolution in scope and meaning.” The United States is no longer the Wild West country of that time, and the soldiers don’t wear carabiners either. Magna Carta can be stored in formaldehyde so it doesn’t evolve, but carabiners have become automatic assault rifles that fire a hundred rounds per minute. And those who use them are not defending themselves against British or Indian soldiers, who, by the way, also got a hit from the court this week.

By ruling on the Oklahoma case against Castro-Huerta, the conservative majority has undermined Native American sovereignty in their reservations, where they have had legal control since their inception under signed treaties. The magistrates now believe that the state of Oklahoma will be able to try those who are not Native Americans for crimes committed within the tribal reservations, where they have their own police and justice systems. “You can only hope that future political divisions and courts will keep the promises this country has made to the natives, even if we betrayed them today,” conservative judge Neil Gorsuch said.

In all these cases, judgments were made against pre-existing jurisprudence. It was Gorsuch himself who wrote the majority opinion in 2020 in favor of McGirt v. Oklahoma, denying that state the ability to arrest and try for crimes committed “within the jurisdiction of the reserve of a federally recognized court.” According to that, nearly half of Oklahoma, including part of Tulsa, would escape the power of Republican Governor Kevin Stitt, who on May 26 signed the country’s first law banning abortion entirely, with the sole exception of saving lives. . or in previously reported cases of rape or incest.

“The majority of the court struck down Roe v. Wade for one reason: because they have always held it contemptuously and can now vote to dismiss it,” judges Stephen Breyer, Sonia Sotomayor and Elena Kagan wrote in unison. That opportunity was presented by Senate Republican Party leader Mitch McConnell, who in 2016 stripped Barack Obama of the legitimate right to name the successor to Judge Antonin Scalia, who died in February 2016. McConnell abused his authority to create the Senate. agenda and declined to confirm the confirmation from Judge Merrick Garland, who had elected Obama, arguing that the election was “so close” that the nomination should be reserved for the future president. It could have been Hillary Clinton, in which case women in the US wouldn’t be on the streets right now claiming their abortion rights, but it was Donald Trump, even though he got fewer votes than her. That allowed him to appoint Judge Brett Kavanaugh, a signer of the opinion that this week stole Native American sovereignty.

The same argument failed to give Joe Biden credit for electing the successor to champion feminist judge Ruth Bader Ginsburg, who died prematurely a month and a half before the election. McConnell rushed the confirmation process for Amy Comey Barrett, who Trump swore into office six days before he lost the election. Many consider it “a coup by the pending judiciary,” denounced Congresswoman Alexandra Ocasio-Cortez. “If the president and Congress don’t stop now, the court will indicate that the next election will be the election,” he warned.

Indeed, the court announced Thursday that it will review the Moore v. Harper case, a dispute over the power of the North Carolina legislature to reshuffle electoral districts in an entirely partisan manner that electorally favors the Republican party. So much so that that state’s Supreme Court reversed the decision and is studying a revised map. If a state’s Supreme Court is prevented from curbing partisan abuses, as most conservative judges have argued, Trump supporters could have managed to, for example, not have the Pennsylvania election results approved, without which Biden would not be in the White House today. .

Paradoxically, it was the Supreme Court that intervened in the 2000 election, opposing Florida’s supreme judicial authority and forcing the end of the vote that divorced Al Gore from George W. Bush by just 537 votes. Bush, another president who failed to secure the majority of the vote, was given the opportunity to nominate two Supreme Court justices, Samuel Alito and John Roberts, who, along with the three Trump had appointed and those of his father, Judge Clarence Thomas, today they form the 6-3 supermajority that inevitably determines the direction of the sentences, even if some of them disagree.

Roberts, who tended to allow Mississippi to limit abortion to the first fifteen weeks of pregnancy but not overturn the Roe v. Wade case law, is the one who dealt the blow to the Environmental Protection Agency (EPA) this week. ). “Another devastating failure that will set the country back,” lamented President Biden, who is losing the power to lead the world in the fight against climate change. The Supreme Court has ruled that it does not have the power to regulate carbon emissions from energy companies, which its government aims to produce zero pollutants by 2035. “Few things come to my mind,” Judge Elena Kagan wrote, criticizing their peers.

There are some. The new breed of judges that the Federalist Society has placed on the highest court and influencing conservative presidents are between the ages of 50 and 57. They will spend decades transforming the lives of several generations in which, for the first time in history, women in the United States will have fewer rights than their mothers.

Source: La Verdad

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