Let’s Not Lose Faith In The Value Of Our Legal System!

By Donald A. Collins | 24 December 2023
Church and State

The front façade of the Supreme Court of the US. (Photo by Ian Hutchinson on Unsplash)

Remember all Judges are humans and subject to errors at every level of judicial standing, certainly and, as current evidence makes painfully clear, even the Supreme Court.

One can quote historic examples of their decisions in many cases have had profoundly negative consequences on our society.

Certainly, one of its worst was the Plessy vs Ferguson decision by the Supreme Court in 1896 allowing states to provide so called separate but equal schools so white children did not have to go to school with black children. This insured that the whites got far better schools and absent financial equity for better head starts in life.

This outrageously racist situation prevailed despite several cases against Plessy until 1954 when Thurgood Marshall successfully argued in Brown vs the Maryland Board of Education to recind Plessy which no means quickly changed decades of disparity.

Read the whole Plessy history here.

Now the US Justice Department’s Special Prosecutor Jack Smith asked the Supreme Court to rule on an accelerated basis whether Trump while President was immune to prosecution.

The Supreme Court with 3 Trump appointed Justices that theoretically made 6 of 9 likely have denied a rapid response to Smith’s request. This amounted to a huge win for Trump as it insured that the scheduled March trial date will be deferred and give Trump the delay he sought until he is nominated as the GOP candidate at its convention in July 2024 or perhaps even until the November election!

Never in our history has a President been indicted for attempting a coup! And now Trump has a more likely chance to win and hence self-exonerate himself and all his coconspirators of this ultimate felony against our country!

Read the 12/23/23 NY Times story here.

Or another 12/23/23 Washington Post story by Robert Barnes here.

Or the Wall Street Journal story with its headlines “Supreme Court Declines to Fast-Track Trump Immunity Case, as Jan. 6 Looms Over 2024 Election”; Sub Title: “Trump is trying to mitigate the damage from his legal woes by arguing he’s a proxy for his supporters”.

It joined others in this narrative:

The high court’s denial of a request from special counsel Jack Smith—announced in a one-sentence order—that it bypass a lower appeals court increases the chances that the former president’s trial on charges that he interfered in the election will be delayed beyond its scheduled March 4 start date. Trump’s lawyers have been seeking to push back the trial, so far without success.

The justices’ move leaves the issue in the hands of the U.S. Court of Appeals for the District of Columbia Circuit, which has scheduled expedited proceedings. Trump’s appeals brief is due Saturday, and the government will have until Dec. 30 to file a response. Arguments before the circuit court are set for Jan. 9, and the losing party will likely appeal to the Supreme Court.

Trump’s effort to stay in the White House after losing the 2020 election will continue to cast a long shadow over his effort to win in 2024 as his various cases unfold. Meanwhile, his campaign is trying to mitigate any damage by playing down the importance of the Jan. 6 riot at the Capitol and arguing that he is under attack because he’s standing up for his supporters.

Trump’s maneuvering has placed him in line to replicate President Gover Cleveland (First 1885-1889 then 1893-1897) as the only President to serve 2 noncontiguous terms, but the first who could succeed in destroying our fragile democracy.

So how does this latest delay decision by this right-wing majority of ideological Justices support my advice to you for maintaining faith in our laws?

First, by admitting that democracies can only survive if laws which apply to all its citizens underpin its basic beliefs.

Second, by understanding that patience permits substantive change for the better as Plessy proved so many years later when Thurgood Marshal, the Brown vs Ferguson prosecutor, become a Justice, even though Plessy’s injustice still affects education.

Three, members of the tainted and ideological majority treating in this unique and special case in our republic’s history, will not be there forever.

Four, we always must keep hope for our nation as its survivability is tested at the ballot box, not in the courts, and hopefully voters will prove again that most Americans want freedom not authoritarianism or worse.

Fortunately, although now too blatantly, the evidence of Roe’s murder on June 22, 2022, is piling up as proof of the intended GOP plan to make abortion increasingly unavailable for women.

This possibility of more dangerous decisions comes with the Supreme Court’s willingness to hear a case which would ban the use of Mifepristone, the FDA drug FDA approved in 2000.

This Church and State web site quotes about the danger and absurdity of even hearing this case referencing in an excellent 12/13/23 Common Dreams article entitled “SCOTUS Agrees to Hear Case That Could Limit Abortion Pill Access” by Jessica Corbett.

Since the Court overturned Roe, it has been increasingly difficult for people to get an abortion if they need one, and the court’s decision in this case could make it even more difficult for people to access abortion and could force some people to remain pregnant against their will,” warned Jennifer Dalven, director of the ACLU Reproductive Freedom Project.

“Let’s be clear: This case is the next step in the extremists’ plan to prevent anyone in the country from being able to get an abortion no matter where they live,” she added. “In addition to its devastating effect on people’s ability to get an abortion, a decision siding with anti-abortion groups would severely undermine drug innovation and threaten the development and approval of lifesaving medicines, jeopardizing patients’ access to other critical medications they rely on today.”

Sarah Dohl, Indivisible’s chief campaigns officer, agreed that “the Supreme Court’s decision to review mifepristone access is another glaring example of how far the MAGA extremists are willing to go in their crusade against our rights.”

“They’re not just challenging a medication, but our very autonomy and freedom,” Dohl declared. “Mifepristone’s safety and efficacy aren’t on trial here—our rights are. This is another brazen attempt to control and dictate our personal health decisions and take away the liberty we all deserve. Voters won’t forget.”

Read the full article here.

The warnings from Trump himself about his 2nd term intentions which even have been echoed widely by numerous GOP veterans, but the elected and unelected MAGA Trump faithful in battleground states make the urgency of getting out the vote there pivotal. You know which stated are razor margin close, Arizona, Georgia, Michigan Pennsylvania, and Wisconsin.

As the prospect of an authoritarian noose tightens around the unwary necks of too many voters, the enormity of their indifference could result in Trump’s reelection.

Former US Navy officer, banker and venture capitalist, Donald A. Collins, a free lance writer living in Washington, DC, has spent over 50 years working for women’s reproductive health as a board member and/or officer of numerous family planning organizations including Planned Parenthood Federation of America, Guttmacher Institute, Family Health International and Ipas. Yale under graduate, NYU MBA. He is the author of “From the Dissident Left: A Collection of Essays 2004-2013”, “Trump Becoming Macbeth: Will our democracy survive?”, “We Humans Overwhelm Our Earth: 11 or 2 Billion by 2100?”, “What Can Be Done Now to Save Habitable Life on Planet Earth?”, “Vote”, “Can Homo Sapiens Survive?”, “Will Choice and Democracy Win?”, “Can Our U.S. Survive 8 Plus Billion of Us”, “Economic Growth: A Cancer on all Earthly Life” and “On the Precipice of Political Disaster in 2024”.

Plessy v Ferguson and Segregation: Crash Course Black American History #21

Jack Smith asks Supreme Court for ‘immediate, definitive’ answer on Trump immunity claim

SCOTUS case on mifepristone access ‘could have devastating consequences for the entire country’

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