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Supreme Court
Sunday, July 8 at 2:00 PM

Robert Porath of Boulder writes:

Despite a stated respect for “stare decisis” by Justices Allito and Roberts during their confirmation hearings, the Roberts Court is rapidly proving itself the most reactionary, activist judicial body since the New Deal, and the time machine is set firmly in reverse. In the ruling that school districts cannot use race as a factor in attempting to diversify the de facto racial segregation of schools, the groundbreaking precedent of Brown vs. the Board of Education has been completely turned on its head. Segregation is apparently again the rule of the land.
Further, the consistent line runing through the Court’s decisions on Freedom of Speech (Bong Hits For Jesus) and cases brought against corporate power shows a strict favoritism for institutional authority over the rights of the individual. The Supreme Court can no longer be looked upon to defend the powerless and underprivileged. In this, the self-proclaimed “Original Intentionist” Gang of Four plus One has conveniently overlooked the deep distrust the Founding Fathers held of the power of government (the Crown) and its exploitative corporate subsidiaries, a sentiment instrumental in the undertaking of revolution and the beginning of an independent nation. An aversion to power is as American as apple pie and is primary in the legal establishment of human rights.
None of this bodes well for the Court’s decision to hear in its next session the appeal for court rights for prisoners held a Guantanamo Bay . Will the judicial clock be set even further back to June 14, 1215, the day before habeas corpus was institutionalized in the signing of the Magna Charta? Will America turn here, 782 years later, to having a protected elite ruling, without restriction, over a New Age feudalism? or will we be governed democratically, “for the People"?

This letter has not been edited.


READER COMMENTS

Roberts and Alito lied through their teeth during their hearings. Hope you're not surprised; they are men of no integrity and a disgrace to this nation.

Posted by UYRMN on July 8, 2007 04:55 PM

Amazing, common sense and interpretation of the law is no good. If we had a couple more who were to legislate from the bench would you all be happy then?

Posted by on July 8, 2007 11:20 PM

UYRMN,

How dare they make rulings based on the spirit of the law instead of on the letter of law. Just because the letter of the law can be distorted in any way that fits your needs at the time.

Go back to you Kool-aid and Micheal Moore movies.

Posted by jgd777 on July 9, 2007 04:37 PM

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