May 16, 2022 – By Gregory Franklyn
Maybe Associate Justice of the Supreme Court of the United States, Clarence Thomas, is unclear on the concept. This week, he laments the leaking of the Draft Decision overturning Roe v Wade on May 2. He says the SCOTUS is being fundamentally changed by the scrutiny. Justices are being forced into the position to have to look over their shoulders every time they issue a decision on a hot button issue of law.
I think he believes that rulings by the Supreme Court are the final word on Constitutional Law, and in one important way, he’s correct. However, in standard Authoritarian Conservative Republican fashion, he ignores consideration of the balance of powers laid out in the US Constitution. The Legislative, Judicial and Executive branches of the US Government are designed to provide checks and balances against one another, so that no single branch of Government can obliterate the will of another or the consent of the governed, for that matter.
The Public’s response was to protest. Protests at the homes of specific conservative justices. I don’t agree with how the public responded, but I’m not surprised. The public has considered the right to an abortion settled law, for the last 50 years, by a 2 to 1 margin. Justice Thomas reports that Republicans don’t protest like that. The evidence would suggest that the good Justice doesn’t spend much time around Clinics that provide that service, or for that matter, the funerals of Doctors who once performed them before being murdered for doing so.
So do these same conservative justices if you believed them when they testified to the Senate during their respective confirmation hearings. Of course, they lied. They lied to get their jobs. One by one, each by each, they all lied! In this day and age, Republican Supreme Court Judges are nominated for their willingness to overturn Roe v Wade and Casey v Planned Parenthood, among other Conservative hot button issues. Like Gay Marriage, for example. It’s coming, dear reader, buckle up!
This radical activist Conservative Republican Supreme Court, including specifically, Associate Justice Thomas, also doesn’t understand the concept of “Conflict of Interest”. I point to the Partnership Justice Thomas has with his Republican Activist wife Ginni Thomas. He has routinely ruled on cases congruent with the very subjects of his wife’s activism.
I never liked Justice Thomas. He comes across to me as being kind of creepy. I can’t name a person of color that the good Justice associates himself with outside his own biological family. If YOU can, I’d be interested. He seems like he wants to be “The Black Guy” among white people.
I remember Justice Thomas’ senate confirmation hearings well. I was unemployed at the time and was able to watch the whole Dog & Pony Show. If you’re younger than me, which would be almost all of you, think about the Bret Kavanaugh hearings. Each were mirror images of the other.
Both men were slammed into confirmation by partisan conservative Republicans hell bent on ignoring the legitimate reasons, presented at their respective confirmation hearings, not to grant consent. Public opinion was against the confirmation of both, and for identical reasons. They are both misogynist authoritarians that don’t seem to have much of an objection to committing sexual assault or harassment of women.
In both shows the women testifying to being assaulted by their respective associate Judge, were vilified by one Republican committee member after another for days. Both hearings were SHOWS with “Balls to the Wall” scriptwriting worthy of the best “Sitting on the Edge of Your Seat, Biting Your Fingernails” Action Adventure movies.
Anita Hill and Christine Blasey-Ford were absolutely pilloried in public for having the courage to tell their truth. Justice Thomas had the added ammunition of being able to accuse Democrats of conducting a “Modern Day Lynching” and both men are adherents to “The best defense is a good offence”. Or, more accurately, both men were schooled by Republican public relations experts on how to effectively pull off some public shaming of people who objected to their confirmation.
Both Associate Justices went on their individual angry, screaming, crying rant of accusations against the objections to their confirmation. Democrats believed the women and Republicans believed the women were artificially planted in the hearings to block the confirmations of good Christian conservative judges that they were certain would eventually overturn Roe and Casey among other things.
Finally, on the subject of a person’s right to control over their own bodies, the 9th Amendment has something to add to the debate. “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The constitution does not prohibit abortion. That was codified as a right by Roe and Casey as decided by the same court now presided over by the current slate of Justices.
The only difference now is that the Radical Activist Conservative Republican Supreme Court of the United States has been forcibly packed pretty well with political partisans working on a specific agenda.