Nel's New Day

June 26, 2018

Conservative Supremes Move U.S. to Christian-only Nation

After several mild—in fact, wishy-washy—decisions earlier this month, the Supreme Court came out today with two rulings that eradicate any hope for freedom of religion. Instead, the five conservative justices pushed its Christian message and support for an anti-freedom president.

In Trump v. Hawaii, the conservative majority ruled that Dictator Donald Trump (DDT) can ban people from majority-Muslim countries under the guise of “national security.” DDT has spent the past three years denouncing all religions except Christians and assuring people that he bill ban them from the United States. Four old white men and Clarence Thomas has given him that right to—quoting DDT—call for a “total and complete shutdown of Muslims entering the United States.” Accused of being anti-Muslim in court rulings, he said that he’ll just use territory instead of religion to accomplish his anti-Islam goals.

Chief Justice John Roberts admitted that after his inauguration, DDT “retweeted links to three anti-Muslim propaganda videos” and that he connected the content to his ban on travel.  To Roberts, however, DDT’s open anti-Muslim bias makes no difference because he doesn’t want “inhibit the flexibility to respond to changing world conditions.” Declaring that the ban was not from “animus,” Roberts wrote that authority was not undermined by “this President’s words,” ignoring that the intent to discriminate is not constitutional. After lower courts ruled against DDT’s two earlier iteration of a Muslim ban, the somewhat watered-down version doesn’t protect “national security,” but it does create a symbolic ban against Muslims.

In an ironic twist, Roberts refused to use DDT’s words to rule against a travel ban on Muslims, but he used the words of the Colorado Civil Rights Commission to permit a baker to discriminate against a gay couple trying to purchase a wedding cake. These two decisions each set precedents on the opposite sides of an issue. Lawyers can use Hawaii to argue that prior words don’t matter while others can argue the opposite position with a recent ruling of Masterpiece Cakeshop.  

In her rebuttal to Hawaii, Justice Sonia Sotomayor quoted DDT’s hateful comments and said that today’s decision “repeats the tragic mistakes of the past” and “tells members of minority religions” in the United States that “they are outsiders.” The court, she said, “blindly accepts the government’s invitation to sanction an openly discriminatory policy” and is essentially “replacing one gravely wrong decision with another.” She also compared the Hawaii decision to that of the 1944 Korematsu v. United States when the Supreme upheld the detention of Japanese Americans during World War II with no justification.  

Roberts strenuously objected and wrote, “It is wholly inapt to liken that morally repugnant order to a facially neutral policy denying certain foreign nationals the privilege of admission.” While still supporting the Muslim ban, he repudiated Korematsu by saying that it has “no place in law under the Constitution.”

In one way, Korematsu differs from Hawaii because justices didn’t realize that the lawyers arguing for the case hid evidence and lied to the court. DDT’s incessant tweets, rally speeches, and other statements clearly showed his intent to discriminate although the DOJ Solicitor General Noel Francisco, arguing for the travel ban, did lie about DDT’s statements of animus. Francisco also lied that the travel ban had a “waiver” program to show that DDT’s ban was fair. No one in charge of immigration knows anything about any program because it is a sham.

Two presidents, Gerald Ford in 1976 and Jimmy Carter in 1980, took actions to clear the interned Japanese-Americans, and U.S. District Judge Marilyn Hall Patel vacated Fred Korematsu’s conviction for evading internment. She wrote:

“The judicial process is seriously impaired when the government’s law enforcement officers violate their ethical obligations to the court. [The original Supreme Court opinion in Korematsu] stands as a caution that in times of distress the shield of military necessity and national security must not be used to protect governmental actions from close scrutiny and accountability.”

Roberts has added to his record of opposing civil rights, allowing unlimited donations to campaigns, and putting Christianity above all other beliefs in the diverse United States with this shameful decision. His court will go down in the history books for its infamy. Some day, a more rationale Supreme Court will hopefully repudiate Hawaii in the same way that Roberts tried to salvage his career by overturning Korematsu.  

In a second opinion today, this one for NIFLA v. Becerra, the same conservative majority ruled that Christian crisis pregnancy centers cannot be required to tell clients about state-offered reproductive services because it opposes the centers’ mission of not having abortions. The centers also do not have to tell clients whether the centers are licensed as medical facilities. The California law did not focus on crisis pregnancy centers: all medical facilities have the same requirements whether they are CPCs or not.

This ruling against a content-based regulation of speech comes from the same court that upholds state laws providing the text that doctors must read to women seeking abortions. Sometimes this mandated information contains lies that doctors are ordered to tell their patients in the privacy of medical counseling. Planned Parenthood v. Casey allows states to mandate that abortion providers tell patients about the age of the fetus, health risks, and the “availability of printed materials from the State” in an effort to discourage women from having abortions. Six states tell women that personhood begins at conception, and 13 states require women be told that fetuses feel pain.

Yet Thomas’ opinion stated that California’s law is unconstitutional because anti-choice advocates are required to “speak a particular message” while reiterating the ruling in Casey.

Justice Stephen Breyer pointed out that almost all disclosure laws might be considered “content based” because they all require people “to speak a particular message.” In this case, the conservatives assume that “speech about abortion is special.” Laws about this simple medical procedure, connected to religious beliefs, should apply fairly to diverse points of view. Anthony Kennedy took the position that mandated lies in warning women about the procedure are no problem, but that demanding the truth from the religious centers is authoritarianism. The ruling in Becerra gives anti-choice people First Amendment rights while abortion providers lack the right to free speech.

Imagine if other businesses–maybe contractors or taxi services–would not need to tell clients if they are licensed. Although this suggestion may sound far-fetched, so is the current government.

As the conservative court moves the United States toward a forced following of Christianity and away from individual rights, conservatives are preening themselves on the new justice who DDT appointed. Religious fundamentalist VP Mike Pence Senate takes great pride in removing all reproductive rights from girls and women, and Majority Leader Mitch McConnell (R-KY), who used to criticize DDT’s hatred for Muslims, is now in full support of the travel ban. Neil Gorsuch (center) is on the court only because McConnell held up all hearings for an appointed Supreme Court Justice for almost a year, blocking President Obama’s nominee. Until Gorsuch, presidents appointed nominees, and the Senate vetted them. Sometimes they turned them down, but never before did a Senate leader refuse to allow even a committee hearing on a president’s nominee. [Photo: Reuters/Joshua Roberts]

McConnell has set a new pattern of absolute rule in the Senate. He can push through as many conservative judicial nominees as possible until he loses the majority. If Democrats pattern themselves after Republicans, Democrats can refuse to give any conservative nominees even a hearing. The nation objects to the constant gridlock that comes from the GOP determination to block Democrats at any cost. The schism in Republicans only adds to the problem. At this point, however, the United States may be better off with gridlock than the egregious legislation that the GOP promotes.

 

1 Comment »

  1. and for dessert, a new Supreme is on the way..

    Like

    Comment by Lee Lynch — June 27, 2018 @ 5:26 PM | Reply


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