A certain commenter said that it doesn’t matter who appoints Supreme Court Justices because the current Supreme Court hasn’t declared Obamacare to be unconstitutional and they haven’t overruled Roe v. Wade, so it doesn’t matter.
This viewpoint is incredibly wrong. And based on a misunderstanding of the philosophy of the conservative justices, which is basically: (1) uphold stare decisis (in other words, previous Supreme Court precedent); (2) enforce the original intent of the Constitution, unless that conflicts with stare decisis, and (3) enforce statutory intent, unless of course that conflicts with the first two. And you now what? The conservative Supreme Court has done this for the last three decades!
Do you know what happened before we had a conservative Supreme Court? We had a liberal supreme court which ignored precedents, ignored the Constitution, and ignored statutory intent, in order to implement their liberal vision. Liberal control of the Supreme Court meant that the Court could move society to the left even though there was not enough support to get laws passed that would do that.
The Supreme Court decided that segregated schools were unconstitutional and then they mandated bussing to desegregate them. They used the Civil Rights act to make IQ testing illegal (the famous Griggs v. Duke Power Co. case often cited here, but which got codified under the first George Bush). They discovered a constitutional right to contraception. And then a constitutional right to abortion.
It’s foolish to think that if liberals get control of the Supreme Court, they won’t revert to their earlier ways and use that power to do liberal things that can’t get done though the regular political process. What is likely to happen?
1. Racial quotas for all desirable jobs, based on loose interpretation of existing civil rights statutes. This is not just supposition, that would have been the effect of Ginsburg’s dissent in Ricci, and she implied that as soon as they get one more liberal on the court, the case would be overturned. “The Court’s order and opinion, I anticipate, will not have staying power.” Her words, not mine.
2. The EPA can create any regulation it wants so long as it has a rational basis for preventing climate change.
3. It’s unconstitutional to deny resident aliens, even if they reside here illegally, a path to citizenship, and just as they ordered bussing to desegregate the schools they will order some method which the federal government must follow to give away citizenship.
4. It’s unconstitutional to deny gays the right to marry.
5. Constitutional right to healthcare, a living wage, free college and graduate school education, anything else you can think of.
6. First Amendment protection doesn’t apply to “hate speech.” And then this blog gets outlawed. The end.