Across the nation, a disturbing trend that places political affiliation above the rule of law continues to grow.
The traditional belief that justice should be blind as well as diligently and equally applied has been replaced by a pattern of sublimating Constitutional and legal principles and enforcement to political goals.
It is not only a question of singular statutes. The past several years has seen challenges to the actual structure of American government.
During the Trump Administration, a judge presumed to usurp the prerogatives of the Presidency by overturning a travel ban that restricted entry from terror-prone countries, a judicial act of defiance to the Constitutional order that was eventually overturned by the Supreme Court.
Similarly, In Wolf v. Cook County, the US Supreme Court granted a stay to the Department of Homeland Security from an order of the Seventh Circuit, which had prevented the US government from implementing a change in the “Public Charge” clause in US immigration law – that is, keeping out immigrants who may become a financial burden on the government.
Many of the partisans who vehemently cheered on these acts of overreach are now advocating that a recent decision by a Texas judge regarding a particular medication be ignored by the Food and Drug Administration, an act which could spark a Constitutional crisis. This contradictory stance demonstrates how, rather than follow a consistent pattern of legal thought and practice, the whole concept of justice is sublimated to the political goals of the moment.
Disrespect for the rule of law has included threats of violence. At a rally in Washington DC, Senator Schumer made overtly threatening remarks addressed to two members of the US Supreme Court regarding their votes in certain regulation cases – “I want to tell you Gorsuch, I want to tell you Kavanaugh: You have released the whirlwind, and you will pay the price…You won’t know what hit you if you go forward with these awful decisions.” His comments earned Schumer a rare rebuke from Chief Justice Roberts, who issued this statement; “Justices know that criticism comes with the territory, but threatening statements of this sort from the highest levels of government are not only inappropriate, they are dangerous. All Members of the Court will continue to do their job, without fear or favor, from whatever quarter.”
Increasingly, ignorance of the Constitution itself is a characteristic of candidates for judicial positions proposed by Democrats. Recently, President Biden nominated Spokane County Superior Court Judge Charnelle Bjelkengren to serve as the U.S. district judge for the Eastern District of Washington. During the Senatorial screening process, Senator John Kennedy (R-LA) asked the candidate about various Constitutional articles. Bjelkegren was ignorant of them.
For the first time in U.S. history, there is serious debate on the basic, constitutional underpinnings of the nation. In 2018, some Californians began advocating a ballot initiative to repeal the section of their state laws that recognize the U.S. Constitution as the supreme law. In an article in The Week, national correspondent Ryan Cooper wrote: “The American Constitution is an outdated, malfunctioning piece of junk — and it’s only getting worse.” Louis Seidman, in a New York Times op-ed, complained about “our insistence on obedience to the Constitution, with all its archaic, idiosyncratic and downright evil provisions… Our obsession with the Constitution has saddled us with a dysfunctional political system, kept us from debating the merits of divisive issues and inflamed our public discourse.” In 2012, U.S. Supreme Court Justice Ruth Bader Ginsberg stated during an interview on Egyptian television that she wouldn’t recommend the U.S. Constitution as a model. Another Justice, Elena Kagan, refused to acknowledge the inherent concept of inalienable rights during her 2010 confirmation hearing.
This disregard for basic Constitutional provisions and the placing of partisan interests above the rule of law is a major crisis affecting the nation.
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