Do we get what we deserve, or deserve what we get? Or neither?
The Supreme Court this week is in shambles. Yesterday, today and tomorrow we’ll know what these nine justices think of equal rights and general fairness of humankind. Two days down. Two punts. All this waiting is for what?
The first decision came yesterday with affirmative action. They did nothing, in essence allowing it to linger a bit longer by sending it back down to lower courts to adjudicate. Like some bad food, it’ll come back up, but not in a good sense. Today they punted again, sending the issue of voter fairness laws to Congress where the Republicans can’t wait to tamper with the fairness part. Look for the poll tax to return in some fashion.
By remanding the voting rights act to Congress, not the judicial branch, they avoided their responsibilities of constitutional law review and sent it to morons who think 15 year old fetuses are masturbating in the womb and that women can’t become pregnant if they are genuinely raped.
Sadly, SCOTUS “punted.” But in shirking their responsibility to take charge and make tough legal decisions, they have kicked the ball totally out of the judicial branch, and put it back in the political arena of the congress -- exactly where the voting rights bill started. That is hardly a bastion of the sane. With it goes the hope for fairness and fraud protections in future elections?
When a party that is in shambles (the GOP) with the public has nothing to lose, they will resort to desperate measures. They’ll stack the deck; they’ll play a three card Monty with our selection process and do what they can to change the rules of the game to suit them. Fairness and equal protection went out the door today.
Tomorrow gay rights and marriage equality will be impacted with the decisions forthcoming. If today’s ruling is any indication, we’re in for more “punting.” The SCOTUS is becoming the place where hopes go to die. Sadly there are more balls on the three women of SCOTUS than the men… The motto of this group used to be “Equal justice under the law.” Recently stone masons have been hired to build a new front portico to the structure with the phrase, “Indecisions R Us” engraved across it.
It will be interesting to see if gays and lesbians are going to be allowed equal rights. What we know is they are humans like all of us – but do they deserve to be treated like equals? That’s questionable with today’s voter rights setback. It’s hard to be prescient when the Supreme Court is so divided on most issues, but their conservative bend is of little doubt.
Not that it matters but my prediction is that Prop 8 will be kicked back to the lower court with no decision. That can be taken as a victory for gay rights as the lower court has already ruled against prop 8. As for DOMA, look for an unfavorable 5-4 ruling upholding the sanctity of traditional marriage over human equality rights.