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In Response to The Supreme Court uses judicial activism for conservative ends:
The Supreme Court uses judicial activism for conservative ends
We prefer to think of the Supreme Court as an institution apart from politics and above its struggles. In the wake of this week’s decision gutting the heart of the 1965 Voting Rights Act, its actions must now be viewed through the prism of the conservative movement’s five-decade-long quest for power.
Liberals will still win occasional and sometimes partial victories, as they did Wednesday on same-sex marriage. But on issues directly related to political and economic influence, the court’s conservative majority is operating as a political faction, determined to shape a future in which progressives will find themselves at a disadvantage...
...The marriage rulings, however, should not distract from the arrogance of power displayed Tuesday in Shelby County v. Holder. Chief Justice John Roberts’s opinion involved little constitutional analysis. He simply substituted the court’s judgment for Congress’s in deciding which states should be covered under Section 4 of the Voting Rights Act, which required voting rules in states with a history of discrimination to be pre-cleared by the Justice Department.
The court instructed Congress to rewrite the law, even though these sophisticated conservatives certainly know how difficult this will be in the current political climate.
Whenever conservatives on the court have had the opportunity to tilt the playing field toward their side, they have done so. And in other recent cases, the court has weakened the capacity of Americans to take on corporate power. The conservative majority seems determined to bring us back to the Gilded Age.
Posted by Centristsin2010
IMHO, the Fascist Five of SCOTUS are defiantly trying to enshrine the Corporate State in our Constitution, but Roberts and Kennedy SEEM to have realized their course will have History judge them as a gaggle of elitist buffoons. To evade History's accurate assessment, they seem willing to make the occasional rational judgement, sort of like Hitler planting apple trees along the roads so people would have something to eat if there were another World Depression like the 30's.
The only way to ensure our Freedom is to make sure there are no more Repug appointees to the SCOTUS, and to prevent the Senate GOPers from blocking appointments to the lower courts. Time to end the Sillybuster - it's an 18th century artifact that has no place in the 21st century.