Divided Government, Partisanship and Glidlock, But Otherwise "We're Number One!"

As amazing as it may sound to those who follow politics, many people in our country don't really understand the role the US Supreme Court plays. They see the fight between president Obama and Congress about nominating a new justice as another political game. Many of my students when asked how does the high court affect their lives couldn't come up with specific cases that determined the conditions and direction of our country. A few mentioned the Roe v. Wade case and then a couple others remembered the decisions about "Obama care" and same-sex marriage.

It's the same view the general public has that things will work out, more or less regardless who's on the Supreme Court, and to similar extend in Congress. Oh, yeah, there's partisanship and some hot-button issues, but most of us have picked a team (like in sports), and we hope for the best while we expect to be disappointed by the way our political system works.

I hope this issue of getting the 9th justice on the supreme court is an educational opportunity in many ways. For starters, it highlights the principle of division of power, checks and balances. Or, how the US model separates the executive (president) from the legislature (Congress) in contrast to most western countries where the executive (usually a prime minister) control the majority of seats in the legislature (parliament). 

On this topic, I wish the media asked the presidential candidates the following question, "How do you expect to do all the things you say you will do when we have a divided government, and in all probability--judging from the last many years--Congress will not go along with your plans?"   

As for the supreme court, the president gets to nominate, and eventually gets someone he chose confirmed. The Senate cannot reject or delay forever. I can see why the Democrats might have opposed a G W Bush nomination in 2008 a few months before the election, but conservative presidents choose conservative judges, like liberals choose their kind. The times of "mainstream" or truly independent candidates for the supreme court are over. The two parties are far apart, primarily because the Republican party has left the mainstream.

Also, an appointment to the high court with its eventual effect on our society is part of a president's legacy. The stakes are high, especially in a politically, and I dare say culturally, divided country. That's why presidents now look to nominate someone in their late 40s or early 50s so they can stay on the court for 30 years!  Funny, thing, I asked my students if they could imagine themselves age 50 and they almost fell off their seats. They got the point though that the next ..supreme will be on the high court making decisions affecting their lives until they reach age 50!

Heck, that's a good enough reason to register and vote!

The Year of the Monkey Ushers Fun and Games. But Who's Going to be Laughing by Year's End?

This is shaping to be a nice new year, and once again we're called to make a decision about the direction of our country. There are vast differences between the two parties' candidates, and let's not forget that elections have consequences! The Supreme Court is always at play during a presidential election.

There have been great debates about the direction of the country already, but new ideas come primarily from the left as the right wants to bring back what it has been tried before, often with dire outcomes. Yes, "the system" has a momentum that can't be easily changed given present political realities, unless, as Bernie Sanders says, public opinion and voting changes to reflect the need for change--change that will restore most benefits to the middle class.

The presidential term lasts 8 years, and Obama has over 300 days left in office. God just gave us a gift by recalling Scalia from the US Supreme Court. How can you argue with God, right? Scripture, as per St. Paul, says the people should obey those in power, because, after all, there's a divine plan in place. Therefore, Obama should nominate a replacement asap, and the president should be the communicator-in chief in order to get the new SCOTUS justice confirmed by the Senate.

Despite the nice statements about the departed justice, Scalia was a divisive figure and a conservative champion who believed in a romantic but unrealistic view of the US constitution. The conservatives have been attacking the liberal justices as "activists" who find rights in the constitution and overturn the "will of the people" and legislatures. Of course, the 2000 SCOTUS decision to essentially give G.W. Bush the presidency was an act of judicial activism by the conservatives.  

Marco Rubio put it bluntly yesterday, that the US constitution is not "a living, breathing" document but must be interpreted "as the founders intended."  This is a conservative but misguided view. The constitution was meant for a living and breathing country, not a dead one of the 18th century! A time when owning arms meant a musket and a knife!  Indeed, we tweaked it 27 times already. And, many necessary changes that promoted rights, freedom, and the quality of life came via the judiciary branch, especially when states--often representing local majorities--remained stuck in the 18th century.

There are many cases of importance the high court has to decide before it goes into recess in June, cases such for voting rights, Obamacare, union organizing, immigration, etc.  So, let the gladiatorial games begin...  Happy Chinese new year by the way.

A Landmark Supreme Court Decision on Same-sex Marriage Moves the Country in a Progressive Direction. Conservatives Fear Sodom & Gomorrah..

What a month it has been for progressive causes in the US; the latest is that people have a right to marry a person of their choice--a right that should have been recognized long time ago. It's definitely a victory for human rights as our country is inching to the 21st century while the conservatives are kicking and screaming.

A divided supreme court (5-4) finally took the reasonable path to expanding on a couple previous decisions and making same-sex marriage legal in the whole country. In the 1960s, the Loving v. Virginia case the high court established the right to interracial marriage. Virginia's Racial Integrity Act of 1924 had tried to preserve racial purity, as many states, primarily in the deep south, forbade interracial marriages.


There have been instances of horrible treatment of homosexuals in the US, but slowly a movement began to form and push on many fronts within America society. Look, LGBT people have been in every society throughout our human history; often they were oppressed into silence and denial of who they were. Societies have benefited, because such individuals contributed to arts, sciences, culture, politics, and every other domain you can think of. It was criminal to punish them for their nature and deny them their constitutional rights.

Almost to the day, 40 years ago, a police raid on a gay bar--the Stonewall Inn in the Village section of New York City--touched off days of violent clashes and riots, events that galvanized the gay community and it became clear to all progressives that this kind of treatment of the LGBT community had to change. In the 1960s and early 1970s, it was a time of rapid change when important questions about the nature of American society were seen as a big challenge. Too much too soon--beginning with women arriving in the marketplace, civil rights for blacks, sexual revolution, political instability--usually triggers a counter-reaction. And, it did. It was the conservatives who pushed back and eventually dominated the highest levels of our political system for at least 25 years, from 1980 to the dawn of the 21st century.

A Long Arduous Road

But, even if progress can be slow, painful, and challenging, it usually marches on.

In 2003, the court struck down anti-sodomy laws in Texas v. Lawrence. Justice Kennedy--a Republican-nominated judge, but with a centrist (swing vote) flair--wrong both that majority opinions, then and last Friday.  In 2012, the same court struck down the DOMA, which had passed by Congress and signed into law by president Clinton in 1996, not so long ago as far as important laws go.

So, what happened? Well, one thing is that once Hawaii and Massachusetts passed laws allowing same-sex marriage, then it became apparent--in the eyes of the conservatives, which include Democrats and traditionalists--that giving rights to those who are entitled to but denied because of religious superstition, nothing bad happens! These two states and a couple dozen more than followed created more happiness and, surprise surprise, God didn't destroy them like Sodom and Gomorrah. Who knew, right?...

But, let's not forget what happened in 2008 and 2012, that is, the election of a Democratic president. We would not have had two liberal judges, Kagan and Sotomayor on the court today if it hadn't been for president Obama! You see presidents nominate judges to the supreme court and these judges aren't all the same in that they have a particular judicial philosophy. The conservatives--Scalia, Alito, Thomas, Roberts--voted against giving people the right to marry a spouse of their choice. The liberals--Kagan, Sotomayor, Breyer--and the centrist Kennedy decided that it is a constitutional right in the US for adults to marry any person of their choice, and that every state not only has to recognize marriages from other states but every state must allow same-sex marriage!

A present for the conservatives

The conservatives, including the likes of Scalia, Thomas, Alito, and Roberts in their dissent proposed laughable arguments. It's incredible that Scalia and Roberts are considered intellectuals. If you look at their arguments they sound sophisticated bullshit, ignorant of historical framework, and the constitutional liberal democracy we're supposed to have here. 

For example, they say unelected judges shouldn't be undone the work of legislatures, referring to the state legislatures that had passed constitutional amendments prohibiting same-sex marriage. But, a liberal democracy that has enshrined rights in the federal constitution is not a pure democracy, whereas the majority can take rights from the minority. That was the old south, keeping slaves because, guess what, the majority thought it was fine and dandy! Rights are meaningful when they're given to the minority. 

Or, that activist judges [yes, them liberals.... because when conservative judges do the same activism (remember Bush v. Gore?) it's ..legal!] destroy what society wants in defining marriage! What kind of ridiculous argument is this? We've always redefined the institution of marriage. The cases listed above did just that. Oh, you mean the Biblical definition? [You didn't think religion had nothing to do with this argument, did you?] Well, the Bible sanctioned marriage between a man and several women, plus many more concubines (sex servants). Oh, and underage girls given as brides to usually much older men. We call such practice today rape and it's illegal.

In Obergefell v. Hodges [check this out, how Jim Obergefell became the face of the in front of the supreme court] the majority of the court agreed that the US constitution is a living document, applied to contemporary circumstances within the greater framework of its liberal democratic principles. The strict constructionists, like Scalia, believe it's a dead document, thus accusing activist judges of inventing stuff not explicitly stated in the constitution. This is, of course, a stinking bullcrap pile of an argument...

Article 2, Section 2, clause 1 of the US constitution: "The President shall be Commander in Chief of the Army and Navy of the United States...".   Hmm, so then who should be in charge of the US Air Force then?


Let's salute this important moment in our history for civil rights and liberties. In the words of president Obama,

“This ruling is a victory for America. This decision affirms what millions of Americans already believe in their hearts. When all Americans are truly treated as equal, we are more free.”

However, we still have a presidential race developing. This decision will further expose the bigotry and backwardness of the Republicans. Already their candidates (and not only) are talking about how to reverse this ruling. Unfortunately for them, the country has moved while their party has regressed further into the dark ages. Let's not stop pointing this out, because quality of life issues aren't only based on economics but on law and culture are well.  
 

 The Supreme Court's Opinion as Written by Justice Anthony Kennedy

"Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations."

The swinger on the high court, justice Anthony Kennedy. His vote proved crucial in the 5-4 decision

"As all parties agree, many same-sex couples provide loving and nurturing homes to their children, whether biological or adopted. ... Excluding same-sex couples from marriage thus conflicts with a central premise of the right to marry. Without the recognition, stability, and predictability marriage offers, their children suffer the stigma of knowing their families are somehow lesser. They also suffer the significant material costs of being raised by unmarried parents, relegated through no fault of their own to a more difficult and uncertain family life. 

The marriage laws at issue here thus harm and humiliate the children of same-sex couples."
"In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. 

The Constitution grants them that right."