Death Knell for the American Republic
Overturning Roe v. Wade was only the beginning
Anti-democratic forces are at work in both Arizona and Pennsylvania. A large contingent of legislators in each state favors enabling “alternate slates of electors to Congress that would override the choices of voters in those states.” In a presidential election, these legislators wish to provide a slate of electors representative of the wishes of the members of the legislature, not the result of the popular election.
Legislation may soon appear that grants these independent state legislatures this power.
When the Supreme Court of the USA upholds the constitutionality of statutes that allow state legislatures to arbitrarily override the results of democratic elections, all is lost. The will of the citizens, embodied in the popular vote for president, will be subjugated to the will of the state legislature, which has been elected from gerrymandered districts.
Recent decisions by the Supreme Court do not provide confidence that impartial legal interpretation will trump ideology. The court willy-nilly discards 50 years of legal precedent to overturn Roe v. Wade. In Kennedy v. Bremerton, the 50-yard line becomes a haven for coercive prayer under the guise of religious freedom.
The duty of the court is to impartially interpret the language of both the Constitution and subsequent statutes, not to rationalize the wording to fit personal ideology. Years of legal precedent and the obvious intent of the founding fathers must be considered. No one should be on the court who cannot leave personal preferences at the foot of blindfolded lady justice.
From The Bench
“Legislating from the bench” has become commonplace. But this catchphrase does not adequately describe the depth of the problem. Of greater magnitude is the desire, clearly stated by Justice Clarence Thomas, to review other cases regarding freedoms based on the Due Process Clause in both the 5th and 14th amendments. “…the purported right to abortion is not a form of ‘liberty’ protected by the Due Process Clause…”
Justice Thomas invites review of other “freedoms” contingent upon this clause. How ironic that Justice Thomas is the tool of the theocratic white patriarchy that seeks to return to the mindset and practices of the 1850s.
Clearly, the Thomas household contains no mirrors.
The Supreme Court has become supremely partial. “We the people of the United States” are unable to rely on the court to prevent all manner of perversions of democracy that strip us of our rights.
…after the 2020 election, President Trump and his allies used the independent state legislature theory as part of their effort to overturn the results. For a third time, the Supreme Court declined to adopt the theory. But three sitting justices — Clarence Thomas, Samuel Alito, and Neil Gorsuch — endorsed it.
Do not allow yourself to think, “This will never happen.” The court currently has two additional far-right members. Implementation of this anti-democratic fringe theory is now quite plausible.
The court has agreed to hear Moore v. Harper in October of 2022. This North Carolina case pits the independent state legislature theory against the power of the judicial system to oversee elections. If this lower court ruling against gerrymandering is overturned, state legislatures will have “the sole power on how to conduct elections.” There will be no checks and balances.
While this case is an attempt to enforce unfairly gerrymandered districts, repugnant in and of itself, it is the harbinger of much worse. The case in favor of eliminating the oversight of the courts hinges on validation of the independent legislature theory. Once in force, this theory will be used to grant state legislatures unchecked power to alter the results of elections. The party in power will be impossible to unseat. The will of the people will be irrelevant.
There is no reason to vote when the legislature can overrule the results.
Donald Trump is the troublesome sideshow clown who has been used to install idealogues in our courts. Without question, he has been and continues to be damaging and disruptive. But his malfeasance pales in comparison to that which is to come. The administration of the coup de grace to the republic will be at the hands of the Supreme Court he has enabled. If the Supreme Court validates the independent legislature theory, the democratic American Republic will cease to exist.
Read it again. If the Supreme Court validates the independent legislature theory, the democratic American Republic will cease to exist.
“Never send to know for whom the bell tolls,” America. “It tolls for thee.”
