The Supreme Court is in Trouble – Part I

Three Supreme Court Justices lied under oath.

That oughta gripe your cookies just a tiny bit.

Gorsuch, Kavanaugh, and Coney Barrett all testified under penalty of perjury that they considered Roe v. Wade to be settled law not subject to amendment.

I guess they changed their minds.

And Ted Cruz was worried about the books at the school attended by Justice Brown Jackson’s daughters (which, incidentally, are also the shelves of the school attended by Caroline and Katherine Cruz).

Lots of people are up in arms, and they should be. Some are blaming RBG for not retiring sooner so that her replacement could have been nominated by Obama.

Well, I guess she could have. Knowing what we know now, she would have to have stepped down some time in 2015…before the election cycle had got too hot. We know that by February  2016, when Antonio Scalia died, it was already too hot, which is why Merrick Garland is now Attorney General, and not a Supreme Court Justice.

So, yes, I guess RBG should have stepped down prior to February 2016 and further tested how much of a turd bucket Mitch McConnell would turn out to be. I think that is a super great and valid argument. Of course, once Trump was elected, I think we all believed (those of use who cared about a court that did not have a conservative super majority) that RBG was hanging on for as long as she could, although when she did die, none of us who care about a court that does not have a conservative super majority ever believed that Mitch McConnell would apply the same rationale in keeping Scalia’s seat open until after the election as he would where RBG’s seat was concerned. That woman’s family hadn’t finished sitting shiva before Amy Coney Barrett was having tea at the Capitol.

You would hope that the third branch of government, which was always intended to be the “purest” and least subject to politics and back-door wheeling-dealing, would remain, despite the disgusting partisan farce that has been playing out for the last thirty years, would have tried to keep itself clean, and in some respects, it has little control how future justices are vetted and brought to the bench.

Once there, one hopes that the gravity and history and power that informs every word they write and act they take is burnished by an appreciation that they follow in the footsteps of the justices who issued landmark opinions that shaped this country for good.

But now it seems this inveterate institution that the public used to respect and revere now holds a place of respect somewhere around the National Enquirer and “Keeping up with the Kardashians.”

John Roberts, you’ve got your work cut out for you.

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