HARDLY A COURT AND CERTAINLY NOT SUPREME

The Supreme Court is not a Court. It’s the Politburo. The Constitution says what they want it to say. It’s the same ritual as the Athenian who spoke to the Delphic Oracle and came back with the advice as they interpreted it, and it was accepted as writ. The Court has always been political but paid more than lip service to the Constitution and the law. If today’s Court were deciding Brown, there is no way it would have validated a federal presence in education policy at the local level. This cynicism is also found in the sanctimonious hypocrisy of strict construction and original intent. The malign robed wizards pretend that the language of a document conceived in compromise and dedicated to the proposition that ambiguity supports flexibility meant one thing and one thing only so that we could look back 250 years and figure out how it applied to the Internet. SCOTUS is a spent and failed institution. It was betrayed by the appointment process which devolved into appointing lawyers and not judges. If you listen to Thomas or Alito what you hear is ideology first, the constitution its hand maiden. There’s reasoning and there’s rationalization. Reasoning is forward-directed process which moves from premise or assumption to analysis and valid conclusion. Rationalization is the purposeful retrospection required to piece together justification for a forgone conclusion. The Court needs term limits, a better process for selection and a framework that addresses what current interpretation of 1789 actually involves.