We Are On The Way To The Most Reactionary Right Wing Supreme Court Since The 1930s

In the 1930’s, Franklin D. Roosevelt had the most reactionary right wing Supreme Court, working to undermine the New Deal.

This led him to promote the so called “Court Packing Plan” in 1937, to add six new Justices for each one over 70, but the Congress, controlled by his own party, but having a strong Southern conservative contingent, promoted its defeat.

Now, eight decades later, America is on the brink of having the most reactionary right wing Court since then, with the nomination of Amy Coney Barrett by President Donald Trump.

Already, the Supreme Court has four Justices appointed by Presidents who lost the popular vote, and now they will have a majority, if Barrett is approved, which is likely.

And Barrett does not believe in the doctrine of “Stare Decisis”, the legal principle of determining points in litigation based upon earlier precedents.

Instead, she has very strong personally held beliefs, tied to her strong Catholic faith, and her involvement in a religious charismatic Christian group called “People of Praise”, which preaches that the man is the leader of the family over the wife.

This is very concerning, because she seems likely to wish to overturn many precedents and laws that have been upheld, in unison with others on the Court who have right wing views, including Clarence Thomas, Samuel Alito, and Brett Kavanaugh.

The reliability of Chief Justice John Roberts and Associate Justice Neil Gorsuch is uncertain, as both, and particularly, Roberts have surprised on some decisions.

So a potential 6-3 Court on many cases could end up 5-4 in favor of the right wing, or possibly 5-4 with the three liberal appointments on the Court, but it seems more likely that the possible so called “best” outcome is at least 5-4 conservative.

So that means the Affordable Care Act, coming up for review in November after the election, could be gutted.

Also in danger are cases involving women’s rights, abortion rights, gay rights, labor rights, religious issues favored by conservatives, voting rights, Presidential authority, environmental laws, consumer laws, and the overall regulatory state promoted since the New Deal of FDR and the Great Society of Lyndon B. Johnson, as well as agencies formed under Richard Nixon and later Presidents through Barack Obama.

So we are involved in a crisis constitutionally which could destroy much of what the federal government has done in the past century of American history, and all brought about by Justices appointed under questionable circumstances by Republicans who do not follow rules except when it favors them, and by Republican Presidents George W. Bush and Donald Trump, who failed to win the national popular vote, and by Justices who, in the case of Thomas and Kavanaugh had major issues with private behavior with women.

And with Justice Stephen Breyer being 82, and Justice Sonia Sotomayor having issues with her health (diabetes), two of the three liberals on the Court could be replaced if Donald Trump or a future Republican President gains the opportunity!