Should we now admit defeat? The country has to be turned over to the troglodytes who wish to institute a theocracy? It certainly appears that way with the current composition of the Supreme Court. For as long as I can remember, conservatives have wailed about legislating from the bench, in courts as long ago as the Warren court. The Miranda decision was supposed to be just one of the rulings leading to the unraveling of our national fabric. And the decision to remove prayer from school was undoubtedly the worst thing since sliced bread ruined the nation’s palate. Never mind the original sin of the courts, which was to desegregate our nation’s schools. Who’d have thought the constitution meant what it said, in all instances.
Now we have a group on the court who appear to be willing to be led by a pair of unrepentant ideologues who insist if a phrase is not explicitly in the Constitution, it must be eliminated from the nation’s list of options. Privacy is an easy target. This was something known back in the colonial days, and since it was left off of the list of enumerated rights, our founders did not consider it important. Gone! And all of the other rights that follow from a right to privacy? Just waiting now for the right Texas court case to come around to take up those nasty topics of sodomy, birth control, and miscegenation. I can’t wait to see Justice Thomas take up the case of an anti-miscegenation law an eager southern state attempts to implement as a way of overturning Loving v. Virginia. We’ll see if he really is a consistent conservative, or if he is an opportunistic hypocrite. Let me say he epitomizes the old saying of opening his mouth and confirming his stupidity. He was much better when he was the silent member of the Supreme Court. Of course, there were many of us who saw through him when his confirmation hearings showed his inability to function in a truly integrated workplace without revealing his overt misogyny. Would that we could have turned Thomas into another Bork. But no, and now thirty years after his promotion to the bench, he is spreading his poison to generations yet to be born.
We now are held hostage by a Supreme Court majority whose legitimacy is questionable. From Trump’s first appointment, who is only on the court due to a feckless Senate majority leader’s refusal to accept Obama’s nominee, to Cavanaugh, shown to be a shallow thinker who is also a liar, to Amy Cony Barrett whose nomination and confirmation were rushed through even before her predecessor was fully in her grave, these three now form the core of an unbeatable majority willing to follow whatever their predecessors on the court wish to attack. Just think, these three justices will likely be on the court long after my lifetime, and they will continue to spew their anti-democratic venom and call it judicial rectification for poor decisions of the past.
If we now must accept that even 50 years does not represent a long enough time for a decision to be fully integrated into our nation’s culture, what else can we look forward to? Certainly we’ve had segregated education for longer than we’ve had integrated education, so of course Brown must be reversed. And we must accept the principle of police infallibility (much like papal infallibility) so the last vestiges of Miranda must be erased. Of course, our founders could not consider modern communications, so we must obliterate our rights to use technology in our daily lives. That too must go! Only allowable modes of transportation were those which existed back in the late 1700’s. There’s probably some writer in the distant past who equated flying on broomsticks with true evil, so all forms of motorized transport going faster than a horse has to be made illegal. In fact, I can think of many of elements of our modern life which must be banished in favor of our constitution.
I have in the past advocated for a new national compact, which would be ratified through formation of a revised constitution. The need for such a compact, representing the social contract between individuals and the state, has never been clearer. Unfortunately, the deck is stacked against any type of modernity coming out from such an effort, due to the requirement of individual state ratification. As we now see, the number of states who wish to remain back in some ill-defined period of time when America was great, overwhelms the wishes of the majority of the population. Because of this, any product coming out from a constitutional convention will likely continue the backwards trend we’ve seen and experienced.
There are those who are rejoicing at the decision of the court, and in their mind, a great evil is being expunged from this nation. As we have seen on the discussion on guns and school shootings, the solutions being suggested from the conservatives would lead to turning schools into armed camps, and convert teachers to becoming executioners. Similarly, the solutions regarding abortion will lead to converting medical providers to becoming the eyes and ears of the prosecutors, so we can live under the fear that a simple miscarriage can be converted into a miscarriage of justice. Any solution that calls for spending real money to deal with the problems will be shelved as either being unrealistic, or viewed as an expansion of government which all can see is unjustified.
Let me speak to the unrepentant Republicans now. This nation, and indeed, the world, will not return to the quaint image of the evangelical Christians, where women and minorities knew their place, and where the sins of adultery were enabled for those in charge of their flocks. We now live in a world knitted together through commerce and through culture. Instead of retreating into the past, it is our moral duty to shape the future so it becomes more just, and true American values can be held up as examples of good for the world to emulate. As it stands right now, the rest of the world is not laughing with us. It is laughing at us.