A Conservative-Controlled SCOTUS Is Reversing Five Decades of Constitutional Abuse
Liberals Shredded The Constitution To Advance Their Radical Agenda - Now The Thomas Court Is Putting It Back Together
The Age of Pretending
For more than 50 years, liberals held control of the Supreme Court. And they used that control to abuse both the Constitution and the citizens who’s God-given rights that document enshrines in our nation’s laws.
The liberal judicial activist abuse of the citizenry took two main forms: the blatant denial of real constitutional rights and the invention of fictional constitutional rights.
Last week the current SCOTUS took big steps in correcting both kinds of abuses in releasing three specific opinions.
While liberals had the Court in their iron grasp, the country was forced to enter what could be termed “The Age of Pretending”.
Starting with Roe vs Wade, the Left realized that as long as they had control of the SCOTUS, they could do an end run around all state legislatures and the US Congress by simply winning a Supreme Court decision in Washington DC that took whatever current issue they wanted to win in their Culture War on America and instantly converted that issue or practice into a “constitutional right “.
Why do the hard work in 50 different states to change old laws or write new ones on this cultural issue when total victory in all 50 states was just one SCOTUS decision away?
We were all forced to pretend the Constitution directly enabled the slaughter of hundreds of millions of preborn infants while it also didn’t allow citizens to carry guns or pray in their schools.
And then in the last week a Supreme Court once again under conservative control began announcing the end to The Age of Pretending.
The country had gotten so used to the Liberal bad-faith takes on interpreting clear Constitutional amendments - when the activist judges weren’t inventing constitutional rights out of thin air - as they faithfully and relentlessly advanced the liberal cultural agenda. Because of that, it is nothing short of seismic to suddenly realize that thanks to President Donald J. Trump we now have a Supreme Court that is going to interpret the Constitution according to it’s actual language and the founding father’s intentions rather than whatever pet issue the extreme Left wants to see advanced in the current Culture War.
The first of three seismic decisions was released on the morning of Wednesday, June 22nd, and it dealt with the Second Amendment right to keep and bear arms. This was a perfect example for the Court to deal with the first kind of constitutional abuse that Liberals had enshrined in the law for going on 5 decades: how activist judges will look at a clearly written and concise amendment and claim it doesn’t say what it says.
As time marched on over the past 50 years or so this kind of underhanded chicanery on the part of the political elite class became the norm. To crudely paraphrase the great Russian novelist and dissident Aleksandr Solzhenitsyn, “We knew they were f**king with us, they knew that we knew they were f**king with us and even so they continued to f**k with us.”
That’s what happens when you have power and you are corrupt. You get to force people to say and do things that they know are not true. Enforcing blatant lies from the top down forces people at all the lower levels to participate in the lying and therefore in the corruption.
Senator Roark Speech In Sin City
That, in it’s essence, is what a corrupted Supreme Court was doing for the last five decades. And then all of a sudden…a miracle happened.
Some colorfully absurd TV celebrity billionaire with his orange hair somehow managed to interrupt Her Majesty’s Long Awaited Coronation.
And his unexpectedly winning that 2016 election - supposedly in a massive upset - put Donald J. Trump in the position of being able to appoint no less than THREE justices this present SCOTUS.
Make no mistake: it is Trump’s placement of Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney-Barrett on this Court in alliance with Justices Clarence Thomas and Samuel Alito that has shifted the power balance and the judicial philosophy of the court away from the liberal wing comprised of Justices Elena Kagan, Sonia Sotomayor, the soon-to-be-retired Stephen Breyer and Chief Justice John Roberts.
While a lot of previous American Presidents talked a good game about stopping a liberal-controlled SCOTUS from using judicial fiats to bypass lawmakers and establish social policy across the entire country from Washington DC, for some strange reason many of their picks for the Court ended up quickly joining the liberal wing rather than opposing it.
When a truly conservative judge was nominated that would shift the balance of the court in favor of the conservative wing, the entire country got the spectacle of the Robert Bork and Clarence Thomas confirmation hearings.
While Teddy Kennedy and Democrats managed to successfully derail the Bork nomination, Thomas survived one of the most corrupt and infuriating episodes in our nation’s history to take his place on the panel.
And of course, the key Democratic front man in that vicious and underhanded attempt to keep Thomas off of the Supreme Court was none other than Joseph Robinette Biden, our current White House occupant.
Three times in the past week, the de facto Chief Justice of this current Supreme Court, Clarence Thomas, and the other four Conservative Justices have suddenly turned the tables on a self-congratulating Democratic Party and it’s power brokers that had convinced themselves their Long March Through The Institutions was over and they had won total victory.
In a series of landmark rulings on guns, abortion and school prayer, the Clarence Court suddenly revealed to the tiny Progressive wing of the country that they are in fact losing this culture war, not winning it.
The Second Amendment
For more than 100 years -111 to be exact - the state of New York found a clever way to deny it’s citizens their ability to fully exercise their 2nd Amendment rights.
Government official: “Sure, you can exercise your 2nd Amendment right and carry a gun concealed,’ citizens were told. ‘Just as soon as you fill out all this paperwork and convince me that you really need to.”
As the majority noted in it’s opinion, there is no other right enumerated in the Bill of Rights section of the Constitution where a government agent’s permission must be secured first before that right can exercised by the citizen.
For instance, applying the same limitation to the First Amendment instantly demonstrates how absurd the limitation is.
‘Why sure you can publish that book/give that public speech/have that religious assembly/present your grievances to your government…just as soon as you fill out this form so I can decide if you really need to exercise that 1st Amendment right or not.”
The running joke throughout all of this controversy over the New York law, of course, was that an overwhelming majority of the people who filed for a CCW license were turned down. Having to get a government agent to agree that you “needed” to carry a handgun concealed allowed state officials to practice a de facto state-wide CCW ban without having to openly admit that was what they really doing.
Well The Thomas Court has now put an end to this long-running joke, not just in the state of New York, but throughout the country. Having found such a state law being used as a bar to citizen’s exercising a clearly enumerated constitutional right is illegal, all such laws are now rendered void in all the states. If the Supreme Court decrees it unconstitutional for New York state officials to deny CCW permits to 99% of applicants using a ‘prove you really need it!’ barrier, this means state officials in California doing essentially the exact same thing are also violating their citizens constitutional rights, and thus any laws or regulations being enforced to prohibit the issuance of CCW licenses are just as illegal in California as they now are in New York.
Then on Friday morning of June 24th, the long anticipated decision on abortion was released.
Abortion Goes Back To Where It Should Have Always Stayed - The State Legislatures
As I said on Telegram right after Roe vs. Wade’s overturning was announced:
The Left has spent 50 years litigating any state-level attempt to restrict abortion, while The Death Cult worked tirelessly and invested tons of their resources into legalizing butchering infants up to birth. And recently the more unhinged adherents to The Death Cult began sermonizing about the need to kill some babies after birth.
They could do this because Liberals controlled the court all this time.
The fact the country was forced to pretend that abortion was a constitutional right for 50 years allowed these ghouls to do this.
This is The Day The Pretending Ended.
Abortion is not a constitutional right and it never has been.
Now all the states may place their own legislated restrictions on the practice and Liberals don't get to sue people on constitutional grounds and take it to the federal courts.
You can read more on my take regarding the The Thomas Court’s abortion decision here.
And then last Monday, on the 27th of June, the Court released a decision that has major impact on yet another issue in the Long Culture War that Americans have been engaged in with the Left: school prayer.
A Bad Faith Enforced Secularism On A Religious People
The Left in this country doesn’t really fight the culture war and hasn’t for decades; instead what they focused on was taking over the country’s legal, academic, financial, entertainment and news institutions in order to “win” the fight from the top down as they enforced unpopular policies on an unwilling and an increasingly resistant population.
Abortion extremism, gun bans and outlawing God from public property in a kind of antediluvian enforced secularism were **always** unpopular positions with most Americans. As has long been observed, voters didn’t vote for these things, a detached political elite class imposed them via courts while loudly insisting it was for everyone’s own good.
While the revelation that most Americans have never shared the Democratic elite’s fervent love affair with later term abortions is fairly new, it’s long been established that most Americans never quite ‘got’ why it was important to ban God from all public property such as the schools, no matter how condescendingly the liberals explained it.
The absurd bad faith argument that one’s Second Amendment right to bear a firearm ended exactly the moment one crossed over between private and public property was no better than the bad faith argument that one’s First Amendment rights automatically went ‘poof!’ when entering a public school.
Democrats and progressives invested an awful lot of time, resources and money and anger into the utterly repellant bad faith claim that the Establishment Clause in the Constitution meant no one was allowed to be religious on state or public property.
And so for more than half a century, Americans were grudgingly forced to pretend this made even the slightest bit of sense as the public schools engaged in vigorous policing of religious speech, attire, jewelry, and activity on their property. Teachers, staff and students were told to leave their Bible at home, to remove crosses, to watch their language, and so on.
Any time or place you cannot fully exercise your citizenship is a place you are not really a citizen at all, but something else. You have surrendered both rights and citizenship to an authority making compulsory and unreasonable demands. Any ground upon which you cannot exercise any of your God-given citizenship rights in the amendments of the Constitution is anti-American ground.
A football coach was fired for leading a silent prayer on the field. The SCOTUS just held that by firing him, the school district violated his First Amendment rights. The opinion clearly eviscerates the dishonest reading of the Establishment clause that liberals have used to bludgeon all opposition to their enforced public secularism.
Justice Gorsuch writes: "Respect for religious expressions is indispensable to life in a free and diverse Republic. Here, a government entity sought to punish an individual for engaging in a personal religious observance, based on a mistaken view that it has a duty to suppress religious observances even as it allows comparable secular speech. The Constitution neither mandates nor tolerates that kind of discrimination."
As I said on Telegram the day this school prayer decision was released:
On top of what the SCOTUS did last week in reaffirming the 2nd Amendment right to carry firearms and correcting the abuse of Roe v Wade....
let's take a poll.
On a scale of 1-10, if the SCOTUS allows prayer back in the schools, how hard does the side suddenly losing the Culture War freak out?
EDIT: This is no longer a hypothetical question, as the SCOTUS has just ruled that people may now pray on public school grounds.
In a landmark case reversing almost 55 years of the public schools disallowing private prayer on school grounds because it supposedly violated the establishment clause, the SCOTUS has ruled 6-3 that a person making a prayer on school grounds does not, in fact, establish their particular religion as the official religion of the entire school district.
It is by Justice Gorsuch, and the vote is 6-3.
The Liberal reading of the establishment clause was always just as dishonest as their reading of the 2nd Amendment.
Allowing students and staff to pray on school grounds does not officially establish anyone's religion as the official faith of the school district and thereby excluding all others, which is what the incoherent policy had been.
The fear of offending the Constitution's establishment clause does not, Gorsuch writes, require the government "to single out private religious speech for special disfavor. The Constitution and the best of our traditions counsel mutual respect and tolerance, not censorship and suppression, for religious and nonreligious views alike."
The Thomas Court finds there is no actual conflict between the free speech/free exercise clauses and the establishment clause. There is only a "mere shadow" of a conflict, which Gorsuch describes as "a false choice premised on a misconstruction of the Establishment Clause. And in no world may a government entity's concerns about phantom constitutional violations justify actual violations of an individual's First Amendment rights."
It’s hard to understate just how much the Liberal reading of the Establishment clause has been done in bad faith, but I gave it a shot:
"Well ya see here, wingnut, you're praying on our precious football field might be a violation of the constitutional clause against our school district establishing an official religion. So just to be on the safe side, STFU and no you can't pray here!" was always a bad faith policy and everybody knew it.
As with suppressing CCW for decades, and as with abortion, the only way the Left and Democrats got away with enforcing all this on the rest of us was because they controlled the SCOTUS.
And now they don't control the SCOTUS.
And we all know why.
The Future of The Thomas Court
There are still several decisions waiting to be released by the SCOTUS as I write this. There are highly anticipated votes on election integrity, the scope of the EPA’s powers, and on the ‘remain in Mexico’ policy that Biden is refusing to enforce.
But beyond this current court term, heading into the Fall and the coming October session and beyond, it’s become clear in the past week that this is now Clarence Thomas’ Supreme Court, even though John Roberts has the official office of the Chief Justice.
It’s been common practice in legal writing and history to differentiate between the different court eras and philosophies by referring to name of the Chief Justice during that era; and so when Warren Burger was the Chief Justice, it was “The Burger Court”, and during the time William Renhquist was the top judge, it was noted as “The Rehnquist Court”.
However due to Robert’s own fickle gutlessness in not providing any real guidance to the court as far as it’s philosophy or direction, as he insists on a role as a strictly neutral referee, he has by default now made this The Thomas Court.
Because it is Clarence Thomas who is currently providing the court with it’s philosophical direction and guidance. Opposite Thomas the liberal wing currently has no Justice in Thomas’ league, something that will become even more apparent later this year when Justice Breyer retires and is replaced by the glaringly unqualified Ketanji Brown Jackson.
With the coming massive Red Wave building for this November, and a likely GOP control of the Congress in January 2023, Biden is not going to be getting any more nominations to this court. And waiting in the wings, Donald Trump is preparing for a triumphant return to the White House.
Before the end to the Trump Presidential Story is written, how many more appointments to the Supreme Court will he make? Should he return in 2024 [or sooner], he’ll likely get to make at least one more, as Justice Thomas is now 73, and by the end of a prospective second Trump term in January 2029 he will be pushing eighty years old and likely wanting to retire.
Whatever the future holds for The Thomas Court, the past week is incredibly encouraging for all Americans who understand what’s been happening to their country this past half-century.
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Nice article Brian,
The simple truth is that once Breyer is officially shown the door, there will be no one on the left side of the court that can make a coherent arguement about why a anti-constitution leftist policy should be the law of the land. Sotomayor and Ketanji both have IQs under 100. Kagan is smart, but can't argue for anything.
Roberts is not a liberal, but loves the technical challenge in crafting an opinion to strikes down the clearly offending part of a particulars case, but keeps the basis for the evil policy on the books: See
* Obamacare can exist ... as a tax
* racial quotas at university are unconstitutional, but racial selection on "diversity grounds" is still somehow OK
* racially approved districts based on a list made in 1966 were bad, but still keep the two horrid precedents Reynold v Sims, and Baker v Carr that led to the continual mess...
The Thomas Court has overridden wishy-washy Roberts and that is a good thing.
I hope and pray with all my heart that you’re right. Overturning the 2020 election would be the coup de grace! (Also known as F around and find out)