The Politics of the Supreme Court – 2012 Edition


Like it or not – proper or not – the Supreme Court of the United States has evolved into an extension of political ideology, rife with membership clearly aligned with liberal or conservative political views.  Justices “with agendas” have cleared Senate confirmation to the point where we now see either a 5 to 4 split for the conservative wing or a 5-4 liberal decision on nearly every highly controversial legal question.  One Associate Justice – Anthony Kennedy – wears the “swing vote” mantle, but even he is said to lean right most of the time.  That fact gives the current court its description as a conservative body of jurists.

The November Presidential election – to and including the election of members to serve in the United States Senate, where Supreme Court nominees are either confirmed or rejected – takes on a whole new degree of importance when you consider the makeup of the Supreme Court.

Associate Justice Ruth Bader Ginsburg – probably the most outspoken liberal on the court – is nearing retirement.  In fact, she’s been nearing retirement for several years.  It is strongly felt by many (including me) that she has remained on the court solely to assure its liberal representation versus the four conservative justices, as well as Justice Kennedy, the aforementioned conservative leaning jurist.  Should Obama win re-election, I believe Justice Ginsburg will announce her retirement very soon thereafter, knowing that Obama will nominate one liberal after another until one is confirmed to replace her.  Having a strong Democrat controlled Senate would be a great help in that process.

President Obama has already had the good fortune of appointing two associate justices (Sonia Sotomayor and Elena Kagan) to the high court and both are seen as liberal leaning, if not strongly liberal justices.  It’s generally believed that he, or the next President, will be in a position to appoint one – and perhaps two – members to that court.

Aside from Justice Ginsburg, who has a long history of cancer related problems (colon cancer in 1999 and pancreatic cancer in 2009); not to mention her age of 79, there is Justice Scalia at age 76 and Justice Stephen Breyer at age 74, who might also be seriously considering retirement from the bench.  While Scalia leans right and Breyer to the left, most assuredly both would be replaced with liberal jurists if Obama resides in the White House another four years and Democrats continue to hold a political death grip on the Senate.

In effect, when voters go to the polls this November 6th, they’ll not only be electing a President, they’ll be ushering in new members to the Senate and thus paving the way for a complete makeover of the United States Supreme Court.  A makeover that would assure liberal legislation would pretty much fly out of the Congress with a rubber stamp of approval waiting at the courtroom door.

And, if Senate Majority Leader Harry Reid succeeds in eliminating the power of the filibuster by altering the Senate rules – as he has suggested strongly he will do next January – the skids would be highly greased for a socialist based, totalitarian form of government in Washington, D.C.

We’re at a crossroads, my friends.  No one is talking about it, but the stage is set for one-party rule and that “more perfect union”, envisioned by the founders, could soon become the direct opposite.


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