Category Archives: Supreme Court

Supreme Court Refused to Rig Election for Trump
Trump seemed to think “HIS” Supreme Court would overturn the 2020 election results. SCOTUS Tells Trump He’s A Loser!
Cuomo reacts to Trump’s tweet about Supreme Court justice
CNN’s Chris Cuomo discusses President Trump’s tweet about Justice Amy Coney Barrett after the Supreme Court denied a request from Pennsylvania Republicans to block certification of the commonwealth’s election results, delivering a near fatal blow to the GOP’s long-shot bid to invalidate President-elect Joe Biden’s victory.
Liberals Laughing at Trump!
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Term Limits for Federal Judges and Supreme Court Justices
- The MAJORITY voted for Al Gore in 2000 by over 500,000 votes yet George W. Bush was crammed down the American Majority’s Throats. The election was STOLEN by the Electoral College, PLUS Florida Republicans illegally purged thousands of minorities off voters rolls and vote counting was stopped by the Republican Majority Supreme Court. The installation of George W. Bush caused the deaths of thousands of Americans and Iraqis due to the misguided and unjustified war with Iraq. Trillions was added to the National Debt due to George W. Bush’s incompetence.
- Bush appointed 2 Justices against the will of the MAJORITY = 2 Supreme Court Seats Stolen
- Republicans STOLE a 3rd Supreme Court Seat from the American Majority by blocking President Obama’s Supreme Court appointment stating “The people should decide” during an election year.
- The MAJORITY voted for Hillary Clinton in 2016 by over 2.89 Million votes yet Donald Trump was crammed down the American Majority’s Throats. The election was once again STOLEN by the Electoral College which made the LOSER the “winner”.
- Trump filled Obama’s Supreme Court Seat, plus a 4th Supreme Court Seat against the Will of the Majority
- After Ruth Ginsburg died Republicans proved to be PARTISAN HYPOCRITES by committing to fill her seat weeks before the 2020 election with Conservative Supreme Court nominee Amy Barrett who is being appointed SOLELY because she’s expected to rule on issues like Roe V. Wade & “Affordable Healthcare” a certain way
- Appointing & confirming “Justices” because they are expected to rule on issues a particular way is not justice
- The MAJORITY is NOT Conservative and does not support BACKWARD, REPRESSIVE, CONSERVATIVE, 1800’s ideologies and values
- The Senate is RIGGED for Republicans and doesn’t represent the MAJORITY. Half of the US population lives in just nine states yet is only represented by 18 Senators. Democrats led Republicans by more than 12 million votes in Senate races in the 2018 election, yet suffered losses due to our UN-Democratic Rigged-for-Republicans Government
- The Supreme Court is now Rigged for Republicans and doesn’t represent the MAJORITY. It’s become another tool to cram unpopular conservative ideologies down the Majority’s Throats.
- Republicans are behaving like Fascist Authoritarians, who only care about power and cramming what they want down citizens throats, lacking decency, fairness, ethics and integrity
- The President SHOULD be elected by the MAJORITY
- Federal Judges and the Supreme Court SHOULD represent the values and will of the MAJORITY.
It’s Time to Retire Lifetime Appointments for Supreme Court Justices
When Supreme Court justices enter a room, you can feel the air change. I first noticed this two years ago at the State of the Union address from my perch in the elbow-to-elbow press balcony above the House gallery.
As stated in the above article, there’s nothing in the Constitution that explicitly promises federal judges “lifetime appointments.” The language of Article III says justices “shall hold their Offices during good Behavior,”.
The Constitution was written at a time when it was inconceivable that someone would live long enough be a Supreme Court Justice for 30-plus years.
“The people who created the Constitution of the United States in the 18th century lived in a very different world than we live in,” said Michael Sappol, a historian and author of A Traffic of Dead Bodies, a book about death and social identity. “The idea that judges would get life appointments had a different kind of meaning then than it does now.”
As more Americans live longer, institutions like the Supreme Court are undergoing profound change. In other words, a lifetime isn’t what it used to be. And plenty of people have argued that the highest court in the land ought to be subject to some of the restrictions that lower-level U.S. courts and top courts in other countries already have in place. “Every place else in the world they have age limits or term limits,” says Paul Carrington, a law professor at Duke University.
The five most recently retired Supreme Court justices averaged more than 25 years apiece on the bench. That’s nearly triple the nine-year average tenure of the court’s first five justices.
A Supreme Court Justice term should be for no longer than 12 years. Anyone appointed should be non-political and not affiliated with any political party.
Democrats prepare bill limiting U.S. Supreme Court justice terms to 18 years
Democrats in of the House of Representatives will introduce a bill next week to limit the tenure of U.S. Supreme Court justices to 18 years from current lifetime appointments, in a bid to reduce partisan warring over vacancies and preserve the court’s legitimacy.
Per the above article; “Democrats in of the House of Representatives will introduce a bill next week to limit the tenure of U.S. Supreme Court justices to 18 years from current lifetime appointments, in a bid to reduce partisan warring over vacancies and preserve the court’s legitimacy.
The new bill, seen by Reuters, would allow every president to nominate two justices per four-year term and comes amid heightened political tensions as Republican President Donald Trump prepares to announce his third pick for the Supreme Court after the death on Sept. 18 of Justice Ruth Bader Ginsburg, with just 40 days to go until the Nov. 3 election.
“It would save the country a lot of agony and help lower the temperature over fights for the court that go to the fault lines of cultural issues and is one of the primary things tearing at our social fabric,” said California U.S. Representative Ro Khanna, who plans to introduce the legislation on Tuesday, along with Representatives Joe Kennedy III of Massachusetts and Don Beyer of Virginia.
Term limits for high court justices have for years had support from a number of legal scholars on both the right and the left. Several polls in recent years have also shown large majorities of the American public support term limits.
The bill – the Supreme Court Term Limits and Regular Appointments Act – is the first to try to set Supreme Court term limits by statute, according to Gabe Roth, the executive director of Fix the Court, a judicial transparency group whose campaign for high court term limits has been gaining attention”.
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Brett Kavanaugh & Clarence Thomas Should Be Removed from Supreme Court
Numerous articles claim Brett Kavanaugh and Clarence Thomas lied under Oath in their confirmation hearings so both should be removed as Justices from the Supreme Court.
In the above video, Ex-Federal Prosecutor Glenn Kushner explains how when Democrats take over the White House, the new head of the DOJ could order the FBI to review the confirmation hearings of Kavanaugh, Thomas and every Trump appointment and check for false statements. Anyone who lied under oath could be charged with perjury, arrested, removed as a judge and disbarred. Each could face years behind bars. They could be given a choice to resign when confronted with evidence of perjury in exchange for dismissal of prosecution.
This would help balance Stolen Seats by Republicans… 2 from the 2000 Election which was stolen / rigged for George W. Bush and Obama’s stolen Supreme Court appointment in 2016.
Two Ways Democrats Can Remove Kavanaugh – Without Impeaching Him
Two ways Democrats can remove Kavanaugh – without impeaching him
Before Supreme Court Justice Brett Kavanaugh was sworn in, critics were calling for his impeachment. The political polarization over allegations that he had assaulted Christine Blasey Ford when they were teenagers doesn’t show much sign of abating. Impeachment is a polarizing process itself, though, one that even many Democrats appear uneasy about pursuing if they win control of Congress in next month’s elections.
Per the above article: “A Democratic Congress and a future Democratic president could remove Kavanaugh from the Supreme Court if they wanted without needing to impeach him. There are two other ways to kick a sitting justice off the court – neither of which requires a supermajority.
In the first, a new president would nominate and the Senate would confirm by majority vote a justice – in this case Kavanaugh – to a different post on an intermediate court of appeals (say the D.C. Circuit, where Kavanaugh formerly served). The justice would, in effect, be demoted.
It finds support in an 1803 Supreme Court case called Stuart v. Laird. The fading Federalist Party of John Adams had created 16 new federal judgeships in 1801 – in part to spare Supreme Court justices from having to “ride the circuit” and hear regional appellate cases. Thomas Jefferson’s Democratic-Republicans triumphed at the polls and abolished the new positions in 1802.
The second alternative method of relieving a justice of his or her duties. In a 2006 article in the Yale Law Journal, two scholars (conservatives, as it happens), Saikrishna Prakash and Steven D. Smith, amassed historical evidence that the Framers understood the “good behavior” standard to be judicially, rather than just politically, enforceable.
They pointed out that judicial removal proceedings were used in English law in the 1780s, and were included in the New York, South Carolina and Massachusetts pre-1787 constitutions. Moreover, they noted, “good behavior” was included by the Continental Congress as a standard in the 1787 Northwest Ordinance for courts in the territories – before there were a separate House and Senate to conduct an impeachment.
As (roughly) proposed in the Yale article, Congress could pass a statute authorizing a specially constituted bench of federal judges – say, five randomly drawn judges – to determine whether a particular judge (here, Kavanaugh) had violated the “good behavior” standard. That special bench could hold a hearing and, if convinced by the evidence, make the requisite finding to trigger exit from the bench. This approach wouldn’t require a congressional supermajority. It would need a presidential signature.
Current federal law contains a trace of this mechanism. When a judge is convicted of a felony, whether in state or federal court, the law now states that he or she “shall not hear or decide cases” unless a council of judges decides otherwise. To be sure, the judge keeps a salary in the interim. But the judge is effectively sidelined – as completely as if he or she were impeached.
The creation of a new vehicle for judicial peer review seems to be the optimal option, as it would create a nonpartisan, procedurally robust device for disciplining judges.
Supreme Court justices right now have no real supervisors when it comes to ethics, and impeachment has come to seem excessively partisan. A standing body, available for all cases of misconduct – not just a ticket for one ride only – would resolve that problem, no matter who the appointing president.
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Clarence Thomas Should Be Impeached and Removed
The Case for Impeaching Clarence Thomas
On the same fall night in 2016 that the infamous Access Hollywood tape featuring Donald Trump bragging about sexual assault was made public by the Washington Post and dominated the news, an Alaska attorney, Moira Smith, wrote on Facebook about her own experiences as a victim of sexual misconduct in 1999.
Opinion | Clarence Thomas Sexually Harassed Me. Yes, He Should Be Impeached.
The impeachment of Clarence Thomas is a pipe dream. In this fantasy, Justice Thomas is actually brought to justice, removed for lying under oath during his Senate confirmation hearing. The pipe dream, which is gathering steam thanks to Jill Abramson’s exploration of Thomas’ lies in New York Magazine this week, is as realistic as the one where President Trump is impeached for bragging about sexually assaulting women.
Per the above article; “In 1991, I was a metro editor at The Charlotte Observer, lobbying to become a columnist, when I was subpoenaed to testify at Thomas’ confirmation hearings after a colleague leaked word to Sen. Joe Biden that I was writing a column about my experiences working with Thomas. The column, though not intended for publication at the time, expressed my conviction that Anita Hill was telling the truth about Thomas — who, as Hill’s boss, allegedly tried to date her and engage in lengthy conversations about sex and pornography. I believed Hill because I had experienced similar behavior from him: He had repeatedly pressured me to date him and inquired about my breast size.
Members of the Senate confirmation committee immediately went on the attack after learning of me and my willingness to testify. I was characterized as a revengeful, foul-mouthed incompetent seizing an opportunity to strike back at the boss who had fired her. Never mind that I was happily ensconced as an editor at the Observer, a job for which Thomas himself had provided a recommendation. He had praised my performance as director of Public Affairs at the Equal Employment Opportunity Commission, and admitted that he “owed me an apology.”
None of that mattered: The wagons had circled. It was obvious that nothing that I had to say would matter to the men on the Senate confirmation panel. I long ago lost real hope for justice and vindication. All those men were white, and the women who accused Thomas were all African-American. It’s easy to imagine the hearings ending in a very different outcome if the accusers had been white”.
Lillian McEwen breaks her 19-year silence about Justice Clarence Thomas
The Daily Caller is a 24-hour news publication providing its audience with original reporting, thought-provoking commentary and breaking news.
Lillian McEwen breaks her 19-year silence about Justice Clarence Thomas
In the above article, ex girlfriend Lillian McEwen stated “He was obsessed with porn.” “He would talk about what he had seen in magazines and films, if there was something worth noting.”
McEwen also said that the conservative Thomas was constantly on the make at work. “He was always actively watching the women he worked with to see if they could be potential partners,” said McEwen. “It was a hobby of his.” She added that he once told her he had asked a woman at work what her bra size was.
If McEwen’s accusations are true, that would collaborate Anita Hill’s testimony and prove that Clarence Thomas lied to the Senate, committed perjury and should be removed as a Justice of the Supreme Court.
What They Didn’t Tell You About Anita Hill and Clarence Thomas
It’s been more than 20 years since Anita Hill took the stand in Clarence Thomas’ Senate Judiciary Committee’s Supreme Court nomination confirmation hearings, electrifying the nation. While Hill’s allegations of Thomas’ sexual misconduct didn’t stop Thomas’ appointment to the Supreme Court, her testimony unexpectedly sparked a continuing national conversation on sexual harassment.
Lying Under Oath Could be used as grounds for Removal from Office
Alaska lawyer says Justice Clarence Thomas groped her at a party in 1999, according to report
The 25th anniversary of Justice Clarence Thomas’s confirmation to the Supreme Court has featured testimonials from his supporters, a symposium on his jurisprudence and tributes from conservative legal scholars about his influence on the court.
More Accusations of Sexual Abuse by Clarence Thomas
Supreme Court Justice Failed To Disclose His Wife’s $700,000 Income
WASHINGTON — Democratic lawmakers on Thursday called for a federal investigation into Supreme Court Justice Clarence Thomas’ failure to report hundreds of thousands of dollars on annual financial disclosure forms. Led by House Rules Committee ranking member Rep.
Democratic lawmakers have called for a federal investigation into Supreme Court Justice Clarence Thomas’ failure to report hundreds of thousands of dollars on annual financial disclosure forms.
Clarence Thomas vote caused worst president ever, George W. Bush to be installed as President.
Clarence Thomas’s vote caused a Key Provision Of Voting Rights Law to be struck down.
Clarence Thomas cast the key fifth vote enabling corporations to spend unlimited money influencing U.S. elections. As a result of this vote, outside groups spent nearly $300 million influencing the 2010 elections — much of which would have been illegal before Justice Thomas approved this spending.
Here Are 5 of Clarence Thomas’ Worst Decisions – And Proof Judge Brett Kavanaugh Is Cut from the Same Cloth
When Justice Clarence Thomas replaced Thurgood Marshall on the U.S. Supreme Court in 1991, it was obvious that philosophically, the two of them were diametrically opposed. Marshall, appointed by President Lyndon B. Johnson and sworn in by Chief Justice Earl Warren in 1967, was the High Court’s first African-American justice-and he was a liberal.
Is Ginni Thomas Getting Rich Off Clarence Thomas’ Supreme Court Decisions?
Supreme Court spouse Ginni Thomas has a new job - as the head of a Tea Party lobbying firm called “Liberty Consulting.”
Justice Thomas Breaks 7-Year Silence
On Monday morning, Justice Clarence Thomas broke nearly seven years of silence at Supreme Court oral arguments. Problem is, what he said was apparently so funny that you had to be there. Really — the court’s official transcript didn’t catch his words.
Justice Clarence Thomas’ head-scratching, jaw-dropping dissents
Just because Justice Clarence Thomas has a reputation for staying silent on the bench, doesn’t mean the polarizing conservative didn’t apply his own brand of knotty logic in his written dissent of the court’s rulings.
Here are two head-scratching, jaw-dropping examples of Thomas’ recent logical gymnastics at work.
Discrimination exists, we just have to live with it
In the case dealing with the Fair Housing Act, the Supreme Court ruled that the law constitutionally protects against actions that lead to discriminatory results — known as disparate impact — in addition to implicit discrimination. Here’s a nugget from Thomas’ dissent.
“Racial imbalances do not always disfavor minorities … [I]n our own country, for roughly a quarter-century now, over 70 percent of National Basketball Association players have been black. To presume that these and all other measurable disparities are products of racial discrimination is to ignore the complexities of human existence.”
Thomas appears to be saying that, sure, there’s plenty of discrimination floating around but it’d be unfair to chalk it all up to racism. Just look at the NBA. They’re fine, even though most players are black.
In making that point, Thomas fails to acknowledge the actual application of disparate impact claims. Just because the NBA employs a majority of black players doesn’t mean that there is discrimination at work — or that a white player would file a suit to claim as much. Even if that were to happen, the courts would then still have to determine whether the claims of disparate impact discrimination were valid and violated the law. So merely claiming that, in some industries, for instance, minorities have a majority stake apparently does nothing to address the actual application of the law.
But there is one aspect of Thomas’ argument that is indisputable: A majority of NBA players are black.
Your dignity is not the government’s problem
In a win for marriage equality advocates around the country, the court ruled that all states must license and recognize same-sex marriage — regardless of state laws or where the marriages were performed. Justice Anthony Kennedy notably used the word “dignity” nine times in his 34-page opinion. Thomas had a different take on the issue of dignity.
“The corollary of that principle is that human dignity cannot be taken away by the government. Slaves did not lose their dignity (any more than they lost their humanity) because the government allowed them to be enslaved. Those held in internment camps did not lose their dignity because the government confined them. And those denied governmental benefits certainly do not lose their dignity because the government denies them those benefits. The government cannot bestow dignity, and it cannot take it away.”
Despite being beaten, raped, and treated as subhuman property — all while living under a government that ostensibly permitted such treatment — slaves either did not lose their dignity at all or, in a broader reading, they can’t blame the government for any loss of dignity. Basically, not the government’s fault, Thomas appears to be saying.
By that application, Thomas’ point seems to be that same-sex couples should just buck up and recognize that it’s the not the government’s role to “bestow dignity.” Article source: msnbc.com/msnbc/justice-clarence-thomas-head-scratching-jaw-dropping-dissents
The US Supreme Court has proven that it is not just. Proof is how they almost always vote down part lines. This underscores how flawed our justice system is in general.
The US Supreme Court has become nothing more than a political tool to force political policy of the prevailing majority of justices beliefs upon the American people.
No one should be appointed to a position for life. These people should be given term limits.
Hits: 269
Clarence Thomas Worst Supreme Court Justice
Supreme Court rejects Trump claim of ‘absolute immunity’ from grand jury subpoena for tax returns
In a history-making decision on Thursday, the Supreme Court ruled President Donald Trump cannot claim “absolute immunity” from criminal investigation while in office and may need to comply with a New York grand jury subpoena seeking his personal financial records. “The court found that the president is not above the law.
7/9/2020 UPDATE: A 7 to 2 Supreme Court decision rejected Trump claim of ‘absolute immunity’ from grand jury subpoena for tax returns.
And who were the IDIOTS who felt Trump should be treated like a dictator and have ‘absolute immunity’?
Clarence Thomas and Samuel A. Alito Jr.!
More proof of what an UNQUALIFIED IDIOT Clarence Thomas is and why he should be removed as a Judge.
In the above video Anita Hill stated in her Senate testimony on 10/12/91 about Clarence Thomas;
“He would turn the conversation to a discussion of sexual matters. His conversations were very vivid. He spoke about acts that he had seen in pornographic films involving such matters as women having sex with animals and films showing group sex or rape scenes. He talked about pornographic materials depicting individuals with large penises or large breasts involving various sex acts. On several occasions, Thomas told me graphically of his own sexual prowess. Because I was extremely uncomfortable talking about sex with him at all, and particularly in such a graphic way, I told him that I did not want to talk about this subject. I would also try to change the subject to education matters or to non-sexual personal matters, such as his background or his beliefs.” Hill also claimed Thomas stated “there is a pubic hair in my Coke” and that he spoke of “Long Dong Silver“.
Republican Senator Orrin Hatch was one of Clarence Thomas’s biggest supporters and defenders as shown in the above video.
The Case for Impeaching Clarence Thomas
On the same fall night in 2016 that the infamous Access Hollywood tape featuring Donald Trump bragging about sexual assault was made public by the Washington Post and dominated the news, an Alaska attorney, Moira Smith, wrote on Facebook about her own experiences as a victim of sexual misconduct in 1999.
Lillian McEwen breaks her 19-year silence about Justice Clarence Thomas
The Daily Caller is a 24-hour news publication providing its audience with original reporting, thought-provoking commentary and breaking news.
Lillian McEwen breaks her 19-year silence about Justice Clarence Thomas
In the above article, ex girlfriend Lillian McEwen stated “He was obsessed with porn.” “He would talk about what he had seen in magazines and films, if there was something worth noting.”
McEwen also said that the conservative Thomas was constantly on the make at work. “He was always actively watching the women he worked with to see if they could be potential partners,” said McEwen. “It was a hobby of his.” She added that he once told her he had asked a woman at work what her bra size was.
If McEwen’s accusations are true, that would collaborate Anita Hill’s testimony and prove that Clarence Thomas lied to the Senate, committed perjury and should be removed as a Justice of the Supreme Court.
What They Didn’t Tell You About Anita Hill and Clarence Thomas
It’s been more than 20 years since Anita Hill took the stand in Clarence Thomas’ Senate Judiciary Committee’s Supreme Court nomination confirmation hearings, electrifying the nation. While Hill’s allegations of Thomas’ sexual misconduct didn’t stop Thomas’ appointment to the Supreme Court, her testimony unexpectedly sparked a continuing national conversation on sexual harassment.
Lying Under Oath Could be used as grounds for Removal from Office
Alaska lawyer says Justice Clarence Thomas groped her at a party in 1999, according to report
The 25th anniversary of Justice Clarence Thomas’s confirmation to the Supreme Court has featured testimonials from his supporters, a symposium on his jurisprudence and tributes from conservative legal scholars about his influence on the court.
More Accusations of Sexual Abuse by Clarence Thomas
Supreme Court Justice Failed To Disclose His Wife’s $700,000 Income
WASHINGTON — Democratic lawmakers on Thursday called for a federal investigation into Supreme Court Justice Clarence Thomas’ failure to report hundreds of thousands of dollars on annual financial disclosure forms. Led by House Rules Committee ranking member Rep.
Democratic lawmakers have called for a federal investigation into Supreme Court Justice Clarence Thomas’ failure to report hundreds of thousands of dollars on annual financial disclosure forms.
Clarence Thomas vote caused worst president ever, George W. Bush to be installed as President.
Clarence Thomas’s vote caused a Key Provision Of Voting Rights Law to be struck down.
Clarence Thomas cast the key fifth vote enabling corporations to spend unlimited money influencing U.S. elections. As a result of this vote, outside groups spent nearly $300 million influencing the 2010 elections — much of which would have been illegal before Justice Thomas approved this spending.
An array of extraordinary opinions
In Thomas’ most eye-catching separate decisions, he only occasionally attracted the vote of even one other justice. Here’s a selection:
- He dissented when the court invalidated the conviction of a black man tried six times for the same crime by the same prosecutor with juries that were either all white or nearly all white.
- He once again wrote that the constitution’s ban on government establishment of religion does not apply to the states — in other words, that states are free to prefer or endorse one religion over another.
- He twice called on the court to reverse its abortion decisions, in one case going further to link birth control and Planned Parenthood to the eugenics movement of a century ago.
- For the first time, he called for overturning Gideon v. Wainwright, the 1963 landmark decision requiring that criminal defendants too poor to pay for a lawyer be provided an attorney paid for by the government.
- In another first, he called for overturning the 1964 landmark freedom-of-the-press decision New York Times v. Sullivan, which set in place standards to make it more difficult for public figures to sue for libel without proof that falsehoods were knowingly published.
Here Are 5 of Clarence Thomas’ Worst Decisions – And Proof Judge Brett Kavanaugh Is Cut from the Same Cloth
When Justice Clarence Thomas replaced Thurgood Marshall on the U.S. Supreme Court in 1991, it was obvious that philosophically, the two of them were diametrically opposed. Marshall, appointed by President Lyndon B. Johnson and sworn in by Chief Justice Earl Warren in 1967, was the High Court’s first African-American justice-and he was a liberal.
Is Ginni Thomas Getting Rich Off Clarence Thomas’ Supreme Court Decisions?
Supreme Court spouse Ginni Thomas has a new job - as the head of a Tea Party lobbying firm called “Liberty Consulting.”
Justice Thomas Breaks 7-Year Silence
On Monday morning, Justice Clarence Thomas broke nearly seven years of silence at Supreme Court oral arguments. Problem is, what he said was apparently so funny that you had to be there. Really — the court’s official transcript didn’t catch his words.
Justice Clarence Thomas’ head-scratching, jaw-dropping dissents
Just because Justice Clarence Thomas has a reputation for staying silent on the bench, doesn’t mean the polarizing conservative didn’t apply his own brand of knotty logic in his written dissent of the court’s rulings.
Here are two head-scratching, jaw-dropping examples of Thomas’ recent logical gymnastics at work.
Discrimination exists, we just have to live with it
In the case dealing with the Fair Housing Act, the Supreme Court ruled that the law constitutionally protects against actions that lead to discriminatory results — known as disparate impact — in addition to implicit discrimination. Here’s a nugget from Thomas’ dissent.
“Racial imbalances do not always disfavor minorities … [I]n our own country, for roughly a quarter-century now, over 70 percent of National Basketball Association players have been black. To presume that these and all other measurable disparities are products of racial discrimination is to ignore the complexities of human existence.”
Thomas appears to be saying that, sure, there’s plenty of discrimination floating around but it’d be unfair to chalk it all up to racism. Just look at the NBA. They’re fine, even though most players are black.
In making that point, Thomas fails to acknowledge the actual application of disparate impact claims. Just because the NBA employs a majority of black players doesn’t mean that there is discrimination at work — or that a white player would file a suit to claim as much. Even if that were to happen, the courts would then still have to determine whether the claims of disparate impact discrimination were valid and violated the law. So merely claiming that, in some industries, for instance, minorities have a majority stake apparently does nothing to address the actual application of the law.
But there is one aspect of Thomas’ argument that is indisputable: A majority of NBA players are black.
Your dignity is not the government’s problem
In a win for marriage equality advocates around the country, the court ruled that all states must license and recognize same-sex marriage — regardless of state laws or where the marriages were performed. Justice Anthony Kennedy notably used the word “dignity” nine times in his 34-page opinion. Thomas had a different take on the issue of dignity.
“The corollary of that principle is that human dignity cannot be taken away by the government. Slaves did not lose their dignity (any more than they lost their humanity) because the government allowed them to be enslaved. Those held in internment camps did not lose their dignity because the government confined them. And those denied governmental benefits certainly do not lose their dignity because the government denies them those benefits. The government cannot bestow dignity, and it cannot take it away.”
Despite being beaten, raped, and treated as subhuman property — all while living under a government that ostensibly permitted such treatment — slaves either did not lose their dignity at all or, in a broader reading, they can’t blame the government for any loss of dignity. Basically, not the government’s fault, Thomas appears to be saying.
By that application, Thomas’ point seems to be that same-sex couples should just buck up and recognize that it’s the not the government’s role to “bestow dignity.” Article source: msnbc.com/msnbc/justice-clarence-thomas-head-scratching-jaw-dropping-dissents
The US Supreme Court has proven that it is not just. Proof is how they almost always vote down part lines. This underscores how flawed our justice system is in general.
The US Supreme Court has become nothing more than a political tool to force political policy of the prevailing majority of justices beliefs upon the American people.
No one should be appointed to a position for life. These people should be given term limits.
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