Tag: Supreme Court

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crime and punishment ideological culture

Pushing Past Protest

Jane's Revenge, abortion, Supreme Court

A group called Jane’s Revenge is on a rampage against organizations known to oppose abortion.

“We promised to take increasingly drastic measures against oppressive infrastructures,” the manifesto declares. “Rest assured that we will, and those measures may not come in the form of something so easily cleaned up as fire and graffiti. From here forward, any anti-​choice group who closes their doors, and stops operating will no longer be a target. But until you do, it’s open season.”

We don’t know how Jane’s Revenge is constituted. Maybe it will turn out to be just one woman with a keyboard. Whatever its form, though, it has acolytes, persons willing to damage the property of churches, anti-​abortion pregnancy centers, and other anti-​abortion organizations.

Jane’s Revenge has claimed responsibility for vandalizing the Agape Pregnancy Center in Des Moines this month. In Olympia, St. Michael Parish was spray-​painted with the words “abort the church.” Dozens of similar incidents began in early May, when Wisconsin Family Action was damaged by arson and vandalism. (Family Research Center maintains a list of the attacks; Wikipedia curates a page about those attributed specifically to Jane’s Revenge.)

The Biden administration has finally made a pro forma objection to the violence being perpetrated by pro-​abortion protesters. Too often, though, government officials and others have been conspicuously silent. Could it possibly be the case that they’re OK with violence as a means because they agree about abortion as an end?

This is tantamount to encouraging violence by the angry left — and not just when it comes to this particular controversial issue.

Thankfully, though there have been protests nationwide against the Supreme Court’s overthrowal, last week, of Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), there has so far been no “Night of Rage.”

This is Common Sense. I’m Paul Jacob.

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media and media people national politics & policies

Shut Up, Spouse

Virginia "Ginny" Thomas, Justice Clarence Thomas, Supreme Court

“Stand down and let your better half do the job,” was the specific advice syndicated-​columnist Kathleen Parker recently offered a woman, explaining that this woman’s “biggest mistake is that she thinks she’s important.”

Adding for emphasis: “She is not.”

Parker is not writing about Hillary Clinton, Michelle Obama, or Dr. Jill Biden. Her subject? Virginia “Ginni” Thomas, the wife of Supreme Court Justice Clarence Thomas.

Recollecting Ginni attending her writing seminar decades ago, Parker describes Ginni then as a “sweet, eager-​to-​learn 40-​something,” who was “quite likable.”  

“But,” claimed Parker, “something has happened to the Ginni Thomas whom I knew then.”

What exactly? 

“Today,” we are told, “she’s entrenched with various hard-​right conservative groups” and is “anti-​feminist, anti-​affirmative action, and, perhaps worst of all to her critics, pro-​Donald Trump.”

Lions and tigers and bears, oh my! … seems Ginni Thomas dares to hold opinions with which Parker disagrees.

Moreover, explained the columnist, Ginni “has not been idle in politics, advocating for issues that, importantly, could come before the court on which her husband serves” — as virtually any issue under the sun could. Parker connected Ginni’s political participation to calls “on Clarence Thomas to recuse himself from cases in which his wife has been active.”

Every spouse of a Supreme Court justice has (or arguably should have) political views of his or her own. And the right — and propriety — to act on them. 

Though Parker’s whole column is rich, the cream of the irony has to be first listing Ginni Thomas as an “anti-​feminist” and then suggesting she shut up and leave politics to her husband.

This is Common Sense. I’m Paul Jacob.

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ideological culture judiciary national politics & policies U.S. Constitution

Packing Unpacked

Supreme Court, Justice, court packing

The “court packing” notion that progressives itch to implement has obvious flaws — which have been addressed (but not settled) in the recent report of the Presidential Commission on the Supreme Court of the United States, initiated by the Biden Administration last April. 

The report, just out, did not give progressives what they want. “Opponents contend that expanding — or ‘packing’ — the Court would significantly diminish its independence and legitimacy and establish a dangerous precedent that could be used by any future political force as a means of pressuring or intimidating the Court. The Commission takes no position on the validity or strength of these claims.” 

Not a few Democrats wanted the Commission to take a very negative position on those claims. Democrats currently maintain a shaky hold on power in the Legislative and Executive branches. Had the Commission given them the green-​light to push progressives onto the Court — to overwhelm the current “conservative” majority — they might have consolidated power.

The report is inconvenient for that political move — as is Associate Justice Stephen Breyer’s opposition. Damon Root, at Reason, summarizes Breyer’s case: “It is a tit-​for-​tat race to the bottom. One party expands the size of the bench for nakedly partisan purposes, so the other party does the same (or worse) as soon as it gets the chance.” Breyer fears that court-​packing would undermine Court authority, and liberalism itself would suffer.

By “liberalism” I take Breyer to mean the order that is defined by the Constitution itself: separation of powers, basic rights, citizen control of government. And there is a way to save this kind of “liberalism”: fix the size of the Supreme Court in the Constitution.

The very opposite of court packing.

This is Common Sense. I’m Paul Jacob.

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judiciary property rights

Landlords Defended, Sorta

Supreme Court, property rights, rent

In late June, the Supreme Court declined to end an unlawful CDC-​enacted national moratorium on evictions.

Things have apparently changed. The court just ruled — in a 6 – 3 decision — that the “balance of equities” has tilted in favor of qualified deference to property rights and letting landlords try to financially survive.

Now it will be easier, or possible, for many beleaguered property owners to maintain properties — on which they depend for their livelihoods and tenants depend for things like heat as well as their residencies.

The three dissenters on the high court say that the “balance of equities” still tilts the other way, in favor of violating the property rights of landlords to help tenants unable or unwilling to pay the rent.

The court’s decision does not mention property rights. It does cite a 1972 precedent that cites other precedents “[requiring] Congress to enact exceedingly clear language if it wishes to significantly alter the balance between federal and state power and the power of the Government over private property.”

Of course, the U.S. Constitution gives Congress no authority to violate individual rights at will — even if it uses exceedingly clear language to do so. The Constitution does not say it’s OK to violate the Constitution.

What now? 

Many landlords are still subject to state or municipal restrictions on evictions that this decision does not overturn. But the ruling may help them press for relief.

And we must hope that the U.S. Congress doesn’t get around to intelligibly re-​revoking the rights of property owners.

This is Common Sense. I’m Paul Jacob.

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judiciary term limits

Term Limits or Death?

Supreme Court, packing

“The only responsible choice for Justice Breyer is to immediately announce his retirement,” contends Brian Fallon, executive director of Demand Justice, “so President Biden can quickly nominate the first-​ever Black woman Supreme Court justice.”

Not merely pushing identity politics, Fallon is warning of the risk of “Democrats losing control of the Senate before a Biden nominee can be confirmed.” 

No retirement announcement yet from 82-​year-​old Stephen Breyer, who recently advised Democrats against court-​packing. Having served on the High Court for the last 27 years, he is the oldest justice and second-​longest serving.* 

“Democrats’ fears about Breyer come after [Justice Ruth Bader] Ginsburg refused to heed calls from liberals and former President Barack Obama to step down,” notes Forbes, “which ultimately resulted in Trump appointing conservative-​leaning Justice Amy Coney Barrett to succeed her when Ginsburg died in September.” 

It is painfully obvious: life terms at the highest court have produced gamesmanship — not on the Court, mind you, but in Congress, that cesspool of even longer tenure where our supposed representatives do anything but.

And why allow personal circumstances or the vagaries of death to decide such potentially critical matters in our republic? 

To prevent politicians from politicizing the Supreme Court of the United States, put the number of justices (9) into the Constitution and term-​limit those justices to a single 18-​year term. No renomination. With nine justices, cycle one out and a new one in every two years. 

There are other matters to consider and settle. Do so in constitutional form, so the whole country is engaged and the Court is hereafter more secure and independent of that branch most in need of term limits.

This is Common Sense. I’m Paul Jacob.

 * On the all-​time Supreme Court longevity list, Breyer thus lags ten places behind Justice Clarence Thomas, who has served 10,767 days on the court and currently ranks 16th.

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judiciary national politics & policies

Constitutionalize the Court

Supreme Court, court packing

“To undo the damage Republicans did by stealing multiple Supreme Court seats,” argues Demand Justice, “we should immediately add seats to the Supreme Court and appoint justices who will restore balance.”

“Stealing”? That’s hyperbolic, to say the least. The Senate used its constitutional prerogative by refusing to approve President Obama’s nomination of Merrick Garland in 2016 and four years later by swiftly voting to confirm Justice Amy Coney Barrett.

The group’s proposal? Add four new justices. 

Facing a 3 to 6 justice deficit (Dem-​nominated vs. GOP-​nominated), many Democrats and groups like this one have settled on adding four.

For “balance.” 

Which means, to them, going from the minority to the majority.

And you thought Democrats weren’t good at math!

Last week, President Biden announced a commission to look into this “court packing” notion, as well as other possible changes to the High Court, including term limits. 

“My colleagues and I need not wait for the findings of a commission,” offered Rep. Mondaire Jones (D‑N.Y.). It is “obvious,” he added, “we must expand the Supreme Court, before it’s too late.”

That is, before the next election or a resignation or tragic death of a single D‑Senator might flip the Senate to Republican control. 

“Adding seats is straight-​forward and easy,” reminds Demand Justice, correctly explaining that the Constitution specifies no number, “so Congress can change it at any time.”

Yes, even with the slimmest of congressional majorities Democrats could completely re-​make the High Court. Without a single Republican vote. 

A partisan takeover of the Supreme Court is way too “easy” — until we place the number of justices firmly in the Constitution, away from poisonous partisan politicians. 

It’s the most urgent reform of all.

This is Common Sense. I’m Paul Jacob.

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