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SCOTUS, the President, and politics.

June 27, 2018

By now you’ve probably all heard that SCOTUS upheld travel ban #3, sort of. Actually, what they ruled on was the appropriateness of the injunctions issued by the appellate courts, once again reversing the most reversed appeals court in the land, the Ninth.

On the general question of presidential powers, the Court reaffirmed  the constitutional right of any president to make policy relative to the security of the United States.

On the legality of TB3, the Court specifically ruled that the ban was not a religious test applied only to Muslims. Considering that Venezuela and North Korea are not known for their preponderance of Muslims, that seems to make sense.

Philosophically, that would also seem to bolster the right of the President to defend a national border, should he find it necessary for national security reasons.

The Court majority also narrowly confined its decision to the written document.  The dissenting liberal activist minority attempted to include campaign rhetoric, presumably to divine intent and assign motive.

The trouble is that the Court is not supposed to decide cases based on personal bias, and the dissenting opinions were rife with both bias and TDS.

Of course the left vilified Justice Gorsuch, but as a whole most Americans seem to be on  board with the Court returning to its judicial roots, rather than operating as a legislative and political body.

This will become more important, given that we are seeing a strong socialist challenge to our democracy.

Even ten years ago, socialism was careful to keep its collective head down.  Now it is openly running candidates and calling for public intimidation of right-leaning voters and conservatives.

Spend a little time delving into the motivations of the 2016 Trump voters, and you find that many were as concerned about the strong grassroots support for Bernie Sanders as they were about HRC’s dubious qualifications. Those people do not find it comforting that an avowed member of the (Democratic) Socialists of America defeated a rather mainstream Democrat in New York’s 14th District.

It’s not that we haven’t had socialists for a long time.  Eugene Debs and Victor Berger founded the Social Democrat Party in 1898, and it morphed into the Socialist Party.  Debs ran for President under that banner in 1912, and reportedly received 6% of the votes cast.

Interestingly, Sanders supporters also voted for Trump, seeing him as a protest vote against the way they felt the DNC had treated their man.

Given all these cross currents, having a truly impartial Supreme Court that adjudicates according to the Constitution and existing law will be critical for the next decade or two.

From → op-ed

  1. A strong socialist challenge to our democracy? LOL.

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