Thoughts on the Supreme Court

As the third branch of the federal government, the Supreme Court is the bulwark of the US Judiciary. It is the highest court in the land that has one job: ensure the US Constitution is followed by all three branches of the government: Legislative, Executive and Judicial.

The legislative branch writes laws. Are they keeping with the boundaries framed by the Constitution? Lawsuits challenging such laws are adjudicated by courts at several levels. If the issue is not settled at lower courts, the suit rises as far as it needs to go before the parties are satisfied. If not satisfied, the issue comes before the Supreme Court. That is where the final test of constitutionality is settled.

The executive branch implements the laws written by the legislative branch (Congress). If the executive branch takes liberties to construct administrative process that are contrary to the Constitution, lawsuits can be brought against the executive branch to stop administration of the process in question. Courts at various levels will decide the issue. If the parties to the suit remain in disagreement and pursue a higher court, they will. The highest court is the Supreme Court where the final decision is, well, final.

The judicial branch runs the federal judiciary at all levels, prosecution, investigation, court procedures, court protocols and precedent decisions. Codification of all of this is included in the US Judicial system. This mass of judicial administration and process gives shape to the state judiciary systems throughout the nation. Some matters pertain only to the states; the rest pertain to the national interest as centered in the Constitution. 

Trusting in the federal government rests in each branch, but political conflict blurs both the legislative and executive branches. The judiciary functions well with trust at all levels. But the primary keeper of that trust is the Supreme Court.

Unfortunately, the fatal flaw of the Supreme Court is the nature of appointing judges to the Supreme Court. The process is political at its core. Getting beyond possible bias and political ideology is the job of the Chief Justice of the Supreme Court. That judge administers the court’s business in a manner that heightens public trust in the institution of the court.

That is where we are today. Public trust in the Supreme Court is greatly threatened. The public’s trust in the honor, correctness, and rule of law by the Supreme Court hangs in the balance.

The leak of a pending court decision demonstrates the fragility of the public’s trust in the institution of the judiciary itself. That is the core of the immediate issue today.

The subject case, however, is of massive interest to the public: abortion rights.

Abortion and all matters pertaining to it has been made a central point of interest by political leaders. Books have been written on this subject. It is complex and large.

At its base, however, is the religious value that questions sanctity of life, when it begins, and so forth.

Although the moral questions are enormous, what makes them so is the issue of life’s sanctity. The creedal differences are many. Churches and religious thought have raged for centuries on this matter.

And that is precisely why the Supreme Court should reject abortion legislation and judiciary procedures from the docket. Freedom of religion is guaranteed in the Constitution. That means one person’s religion should not be abridged or controlled in any matter by someone else’s religious beliefs. What has been missing is the sense of ‘freedom from religion.’

Creedal belief in religion is one thing. Differences among those creeds are another. And nonbelief is yet another, a monumental ‘other.’ If a person is not religious, he/she ought not be caught up in the strictures of someone else’s belief system.

Whether you are an atheist, Christian, Jew, Muslim or whatever, believe what you want but avoid placing your belief on someone else. If your religion dictates abortions are not allowed, fine. You have a choice to follow that dictate or not. But I do not have to do what your religious dictates require. I am under no control of your theology. That is what freedom is about, especially freedom of and FROM religion.

When life begins is a theological concept. As such it has no business being a legal matter in our court system. The Supreme Court must protect its public trust and honor by following the constitution.

It appears the Court is about to make a decision that will uphold its public trust or dash it to pieces. Possibly forever.

Whatever path will they choose?

May 9, 2022

 


   

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