Justice Anthony Kennedy announced his retirement from the Supreme Court today. A lot has been said about his moderate record and many celebrate his decision to make marriage equality nationwide.
He made some reasonable votes during his tenure. He also made a lot of typical Republican votes: stripping rights from those who need them most and gifting them to those who need them least.
But now that trump will appoint a hard right conservative, the right will have a strong and young quintet of pure jurisprudential evil.
All of the progressive decisions that were made in the modern era are now unsettled law. Think I’m being hyperbolic?
What do you think all the right wing special interest groups like the Pro Life theocrats, the American Taliban, and the NRA, the mass murderer lobby, are going to do now?
They’re going to find a way to get the laws they hate most, which coincidentally protect those who have the least power, and they are going to file lawsuits and appeal their way to the Supreme Court. And, despite the law being “settled”, the new conservative majority will suddenly find the issue, whether it be marriage equality or abortion rights or any other progressive value, needs review.
And once that progressive achievement is brought before this new MS-5 animal pack, they will listen dutifully to the oral arguments and, regardless of whether or not the arguments to preserve these progressive rights are valid and superior, they will concoct a 5-4 decision dismantling them. One of the liberal justices will write a scathing dissent that is lauded by the liberal echo chamber. But it will not matter.
These 5 monsters will be tearing down the rights of the powerless at the behest of their reactionary masters. They will be championed by racists and cowards and jingoists and the most evil segments of this already dark grey electorate.
And the much ballyhooed blue wave can not do a thing about this.
I’m glad there are fighters and optimists our there. I’ve never been one. I’m just a critic. I just step on the battlefield after the battle and kill the wounded, as the great quip goes.
Be unlike me, passionate progressives of our distressed republic. I will do my best to walk beside you.
But today I need to sit down and sigh and breathe in deeply and breathe out deeply and absorb the dark night that set on our land today.
Today was most definitely not a good day.
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