Attack On The Supreme Court

Democrats are publicly demeaning the current Supreme Court and have launched a proposal to radically change the structure of the Court that has been in place since the Original Constitution that provided for life term appointments.

The current number of Justices has been set at 9 members since The Judiciary Act of 1869.

All this has worked well, and has been popularly accepted.

So why do Democrats want to change it ?    Because they are not pleased with Court Decisions that do not agree with their policies.  Is this a valid reason to undermine a well established Third Branch of Government – the only one that seems to function ?

Here is historical background and legal analysis on Decisions that have antagonized Democrats:

Dobbs v. Jackson Women's Health Organization (The case that overturned Roe v. Wade)

The Supreme Court issued its ruling on June 24, 2022.  Roe v. Wade had legalized abortion nationwide in 1973.  The ruling in Dobbs returned the authority to regulate abortion to the individual States.

Cogport is not here to debate the religious and metaphysical issues on abortion.  As an attorney with some learning in Constitutional Law, I will stick to legal analysis.

The so-called right to abortion is nowhere enumerated in the Constitution, and was never considered as an issue of individual liberty.

The Burger Court in Roe manufactured a reason for the decision that went like this:

• The right to Due Process of Law under the 14th Amendment creates an implied “Right to Privacy.”  (That alone is debatable).

• This “Right to Privacy " is somehow broad enough to extend to a woman's decision whether or not to terminate her pregnancy.

The reasoning is a long stretch from no provision in the Constitution to creation of a Federal Power.  That got the Federal Government entangled in the abortion debate.   The Federal Government should not have been put in this position. 

The Constitution provides that all powers not specifically enumerated to the Federal Government shall be retained by the States. This a Fundamental Principle of the American Republic.

The decision in Dobbs gave this authority back to the States where it belonged.

The Democrat Party’s fears that the people of the States would ban all abortions has not come to pass.  Democrats would rather dictate from a Federal level than let the people of the States decide.

This is Democrat hypocrisy about their desire to “Protect Democracy.”

Presidential Immunity - Trump v. United States

Democrats have largely spread disinformation about this Decision.  It is not a free pass for Donald Trump. 

The case has been remanded to a lower court to distinguish between Trump's official and unofficial actions, which is a case to be presented on the evidence.

What exactly did The Supreme Court say:

• A former president has absolute immunity for actions within his "core constitutional powers" while in office.

• For other official acts, the former president is entitled to a presumption of immunity, which can be rebutted by showing that prosecuting such actions does not intrude on the executive branch's authority.

• However, there is no immunity for unofficial acts, such as personal or criminal activities not directly related to presidential duties.

The Democrats have misrepresented this finding as total immunity for Donald Trump.  That is false, and he still has a court process to go through.  Must be part of their political strategy against Trump.

However, the Democrat message fits their desire to denigrate the Court.  Their goal: change the Court more to their liking.

Another example of hypocrisy about their desire to “Protect Democracy.”

Court Findings on Executive Orders

Joe Biden has issued Executive Orders that exceed his Constitutional authority. 

The Courts have rejected these Orders as a Violation of the Separation of Powers which reserves legislation to the Congressional Branch.

One example was Biden’s Order to cancel oil and gas leases on Federal Lands.  The Supreme Court ruled against him.

These Orders have shown the autocratic nature of Democrats to control society, even if the Congress and the People do not agree.

Now they have declared vengeance on the Supreme Court.  How many Citizens can really agree with this tactic.

SUMMARY

I am not a Republican or a Democrat.  I take a cognitive approach to the issues.

But when something is not right, I am not averse to calling it out.

And something is not right with the Democratic Party.

If you are a Die-hard Democrat, I can only ask that you consider this post with an open mind.  Just what is your Party Leadership doing?

David Hollaender

Cogport.com

July 31, 2024