Once Again

SCOTUS Strikes Precedent

I haven’t fully digested some of the decisions handed down yesterday. But once again the court has made a mockery of Anglo-American jurisprudence. Overturning precedents on such a mass scale has created not only legal confusion, but is the prime motivator in allowing for the growing angst that is encouraging the government power grab by certain segments. Heller has led to the proliferation of increased violence by an increasingly insecure public that has lost faith in our institutions. Dobbs has seen ridiculous consequences of totalitarian control. But other decisions of the last three years, including the disembowelment of Miranda in Vega v, Tekoh which states mirandizing suspects is merely “prophylactic” and has gone largely unnoticed. Shinn v. Kayer almost reverses Gideon by eliminating most avenues to review decisions once they have been decided and overrules almost all avenues to granting habeas corpus for ineffective counsel, saying that a defendant has a right to participate in his own defense and if he fails to do so there can be no claim of ineffective counsel. In Trump v. Hawaii, the court overturned the long-standing Korematsu decision on freedom to travel and put into question birthright citizenship.

And then of course Citizen’s United reversed not only Austin v. Michigan Chamber of Commerce but other long-standing precedents on corporate personhood and preservation of election integrity. Thomas’ concurrence in Dobbs was not at all judicial, but a come-bring-us wishlist to overturn almost all precedent and indicating a willingness to reverse course on all rights granted by the incorporation theory of interpreting the fourteenth amendment.

And all of the decisions that have been granting religious indoctrination to return to public and civic society.

All of this has allowed tyrannical legislatures hell-bent on creating as much chaos within the society. These decisions have no solid grounds for denying precedent except that the precedents they are overturning are “bad”. Well how so? How did those precedents limit rights, or why do those precedents no longer meet our needs?

There is growing evidence of corruption on the court. And there is law on recusal, and that law does not exempt the supreme court. I published that law recently, but it is 28 U.S. Code § 455 and can be accessed at https://www.law.cornell.edu/uscode/text/28/455

It states quite clearly that justices must not only recuse themselves when they might have had any interest prior to the case being brought, not just direct interest, an that also includes interests of their spouses and offspring. They do not have a”choice” of recusal, the law establishes they must do so.

I suggest Joe Biden grow a set of balls, and set aside these decisions and direct Merrick Garland to set up an investigation into all of the current members of the court (to avoid appearance of partisanship.) Or better, Garland establish a special prosecutor. (How about Jack Smith, I think he could handle another investigation?)

Any evidence of actual bribery or corruption should be prosecuted, but all decisions that might have been made by any outside influence by either the justices or their spouses must be set aside. In the meantime the court should be temporarily suspended until it can be determined if any decisions had been corruptly influenced, leaving it temporarily to the circuits to make the final determinations on issues brought.

These decisions are not in anyway judicial, either by common or civil jurisprudence, but are merely an attempt by a handful of judicial oligarchs making all of the political decisions that have no right to be making.

Recent jury decisions illustrate that the people are not fond of the chaotic climate in our country. Recent court decisions encourage chaos and tyranny, and thus others who wish to destroy all harmony. The more disharmonious the nation, the greater the likelihood it falls. We all want a semblance of stability, and all nations that fall always fall when chaos rules and stability becomes unbalanced.