It is not entirely unheard of for Supreme Court Justices to wade into politics, it is merely very rare. Chief Justice John Roberts had proclaimed in 2014, in a more generalized fashion, that political divide and partisanship is making it difficult for the legislative branch to effectively do its job. That’s a direct punch and also entirely accurate.
Also, we should be recall Ruth Bader Ginsberg’s judgement of Donald Trump when he was the nominee for the GOP in 2016:
“He is a faker,” she said of the presumptive Republican presidential nominee, going point by point, as if presenting a legal brief. “He has no consistency about him. He says whatever comes into his head at the moment. He really has an ego. … How has he gotten away with not turning over his tax returns? The press seems to be very gentle with him on that.”
Yesterday Chief Justice Roberts released a statement via the Supreme Courts relations in regards to an inquiry by the Associated Press as to whether the court has an opinion of Donny’s assertion that the 9th Circuit was a liberal activist circuit in halting Donny’s idiot, Executive Order regarding Asylum.
I’m pointing out several things here. 1. This was not a spur-of-the-moment statement from Roberts that he just blurted out when someone shoved a microphone in his face. It was considered and allowed to be released. There was an inquiry from the AP that generated the response. 2. This is the entire statement. Most anywhere you see this quote broken into two parts, with the segue, “He went on to say…”, as if there must have been more to it. There wasn’t.
-Short and to the point without any further embellishment. We must realize, it surely was considered whether or not to even respond at all and then reasoned how little could be said and still make the courts beliefs known.
This is now an official statement from the Supreme Court to the Executive Branch. It wasn’t intended to be such, but it is. The necessity for this to be stated should make us uneasy. We absolutely do not want the Supreme Court wading into politics. We do not want this to be necessary. We certainly do not want to look to the Supreme Court for guidance of our legislative and executive branches via press statements.
Where our Supreme Court is supposed to offer guidance, is in its constitutionally focused decisions and its supporting opinions therein. Both the majority and minority opinions, where offered. That is where the court is free to wax poetic in support and defense of it’s wisdom in plurality and dissent.
Personally, I am happy Roberts issued such a statement. It kinda draws a line in the sand, doesn’t it? It was not intended to be a declaration of war but it is the opening salvo just the same, is it not? Trump has repeatedly demonized the courts for any decision that does not align with his stupidity. He is successfully diminishing the legislative branch, the judiciary and the fourth estate as “enemies of the people,” and the cult fucking loves it. They eat that shit up.
Do individuals within the Supreme Court have bias one way or the other in their political beliefs? Of course they do. Are they selected for their likelihood to lean towards more conservative or more liberal opinions? Of course they are. Our wish is their predilections are set aside in the name of what is reasonable, what is just, and what is necessary within the framework of the constitution and judicial provenance.
It is unfortunate that this official Supreme Court statement is necessary. It is necessary. Let us hope when normalcy returns, that each branch of the government can also find it’s way back to normalcy.