Wednesday, July 2, 2014

Why 9-0 is a Mixed Blessing

We now have 13 unanimous Supreme Court rulings against Barack the Usurper, and conservative media outlets have been quick to emphasize the shut out in the rulings:

“Supremes Smack Down Obama Administration 9-0 For 13th TIME SINCE 2012”       ~ Daily Caller


“UNANIMOUS! Supreme Court Rules Obama’s ‘Recess’ Appointments UNCONSTITUTIONAL”     ~ Tea Party News Network

It’s not hard to understand why a 9-0 ruling would garner extra attention.  When even the liberals can’t bring themselves to vote with Obama, you know the overreach must be bad.  It’s only natural that conservatives would want to highlight that, so I apologize in advance for being a party pooper but I worry that undue celebration of these unanimous rulings gives us short-term satisfaction at the expense of nurturing the growing ignorance in this country with respect to the role of the court.   I say that because the added emphasis on the unanimous nature of these rulings unintentionally reinforces the notion that the SCOTUS decisions have greater legitimacy when everyone agrees.  While it’s easy to see how that thinking arises and there may be a certain element of truth there, the true and only test of a good decision ought to be whether or not our Constitution was upheld, regardless of the size of the majority.  Thus, conservatives should be asking themselves:  “Do we want to dilute the perceived legitimacy of correct but non-unanimous decisions by touting the vote count over the substance?”  The answer should be “No.”  If this seems like a petty criticism, consider that the headline on Huffington Post immediately following the Hobby Lobby decision screamed 5-4! In giant bold letters the other day (I can no longer find it).  What do you suppose they were saying to their readers?  What subliminal message were they trying to convey?  5-4 proves the decision was partisan and, therefore, illegitimate

Thanks to liberals the Supreme Court has progressively (pun intended!) come to be viewed in the most cynical way.  Intended by the Founders to be an integral part of our checks and balances against government abuse of power, democrats have predictably tried to turn it into a political weapon for advancing their own anti-constitution agenda.  To that end they have waged a largely successful campaign to change the way people think so that they unquestioningly accept this notion of the SCOTUS as a politicized extension of the other branches of government.  People evaluate the make-up of the court based on notions of philosophical “balance.”  They’ve been groomed to forget that the justices have a duty to uphold the law and only one side is philosophically committed to doing that.

We have a tragically precarious situation with our Supreme Court right now, that being the fact that at least four of our nine justices don’t understand or agree with the purpose of the Constitution and have repeatedly failed to uphold the oaths of their offices without consequence.  By all rights they should have been impeached long ago or better yet, never allowed on the bench to begin with.  Every conservative, particularly those with the biggest microphones, should be talking about what the Constitution says and how each ruling either upholds or undermines it, because that is the true measure of the court’s legitimacy no matter what the vote count is.



~CW


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