supreme court

Eysis, Spieses a Davises

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The 2015 Davis phenomena has given us a lot to think about. On the one hand we have Huckabee who implored to put himself  in jail instead of Davis and on the other hand we have the right wing cavalcade making statements that “God’s Law supersedes the Supreme Court Laws” (Mike Huckabee Article )

Now let’s ponder on that point for a moment – “God’s law supersedes the Supreme Court Laws”. I wonder….wonder if this parallels another group in the middle east that is currently on the quest to create a Caliphate. So how is this different from the implementation of Sharia Law? (realize I am being a bit flippant with the generalization)

Ah! but I am sure I will get the “sanctity of marriage” argument. Am sure her three ex husbands agree with her on the sanctity of marriage. For Pete’s sake we let Michael Jackson get married (not to speak ill of the dead)
I love the internet meme on Kim Davis – Sorry we can’t give our marriage licenses, I used them all on myself!

But I come to a broader point..religious persecution. Christians constitute the majority of this country’s population and yet if you listen to Fox News or the right wing apparently catholisim is under attack. Further more Christmas is under attack! Marriage values are under attack! being able to practice religion is under attack!
My question is where? For a majority group why do they always feel the victim?

In a recent Real Time with Bill Maher episode Salman Rushdie nailed this as follows:

” It is the classic trope of the religious bigot.While they are denying people their rights they claim that their rights are being denied. While they are persecuting people they claim that they are being persecuted. While behaving colossally offensive they believe that they are being offended”

Rushdie continues, “But everybody does this. In India right now, which has a 85% Hindu majority, leaders are always saying Hinduism is being threatened. In the Islamic world, the paranoia is routine; ‘The world is anti-Muslim.’ and so this is a trope that they are stealing from other bigots”.

For me Rushdie summed up a feeling that I have had for years. Back to the original point how can anyone even state that God’s Law rules over Supreme Court law? The egregiousness of this argument is mind boggling.(Louie Gohmert weighs in).  One wonders if these people really believe this or is this grandstanding to pander to the base that can get them the vote.

Interestingly when the Pope weighs in on Gay Marriage; Atheism and Climate Change …that is NOT God’s Law. So at best what we have here is God’s (Selective) Law that goes something like this:

– Marriage has to be between a man and a woman (or many men and many women OR as the Bible stated one man and many women). But just not between man and man or woman and woman.
– There is no choice and abortion under any circumstance is evil
– This is a Christian Nation built on Christian values

It is very difficult to debate this. Specifically if you consider the last point. While no one can argue against the impact of Christianity in the formation and development of this country, the founding fathers went to great length to separate church from state for the very same reason.
(A great article breaking down the details of our founding documents can be found here – LINK )

Oh well…… as long as the “trope” continues to be perpetuated, the likes of Davis will have a fan club.

Separation of Church and Confused State

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On May 5th, the Supreme Court delivered a historic verdict when it upheld the right for government institutions to have Christian prayers, prior to the start of local city council sessions. The issue, originally raised in Greece NY, relied heavily on a prior 1983 decision where the court upheld the Nebraska Legislature to having prayer sessions prior to starting sessions.

Never mind that in the town of Greece NY, more than 90% of the sessions were catholic prayers and the plantiffs on this case were a Jew and an Atheist. The larger issue is how does this infringe upon the separation of church and state and the original intention of the founding fathers.

This is an interesting decision, since if you look at the religion split across the US, based on the recent Pew Poll, there is a significant increase in the “unaffiliated” group.

SCOTUS ruled 5-4 on this issue and the main reasons given were as follows: “Defending a practice used by the town of Greece, N.Y., the majority ruled that opening local government meetings with sectarian prayers doesn’t violate the Establishment Clause as long as no religion is advanced or disparaged, and residents aren’t coerced”.

In her dissent Justice Kagan wrote  – “”When the citizens of this country approach their government, they do so only as Americans, not as members of one faith or another,”

There my fine feathered friends is where the rubber hits the road. This is one where the conservative majority of SCOTUS tipped this decision. But this interpretation is just plain wrong, akin to working back to the question from an answer.

What this means now is any town council can start their session with a prayer and not just any prayer but a Christian prayer. This violates the basic constitutional rule that the government should be impartial to matters of religion and not favor one over another (even if it is as trivial as starting a session with prayer).

Town supervisor of Greece NY, whose town board meets once a month said, ” Prayer was not intended to isolate or convert anyone. If they feel comfortable with joining us in the prayer, they can have a moment of silent reflection while the prayer is offered”

Let’s take this example and work it another way. Let’s say that the city council was predominantly made of Atheists and prior to start of a session assume they had a brief discourse where they thanked science and debunked faith and god (not specifically coercing anyone as stated by SCOTUS) what do you think will be the logical outcome?

In the words of the great George Carlin – ” I’m Completely In Favor Of The Separation Of Church And State. My Idea Is That These Two Institutions Screw Us Up Enough On Their Own, So Both Of Them Together Is Certain Death ”.

Realize that SCOTUS is the law of the land but this ruling amongst a few others in the recent years makes you wonder if it is time to the conversation of “non partisan” judges or term limits for SCOTUS.

Cash Rules Everything – Dolla Dolla Bill y’all

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Yeah reminds me of the Lil Wayne/Akon/Wycleaf Jean Song – Sweetest Girl – “Cause I’mma tell you, like Wu told me, Cash Rules Everything Around Me….singing dolla dolla bill y’all”

I am not for one to take my cue from a rap song especially from one that that has a controversial subject like the “Sweetest Girl” song. But somehow this chorus line kept ringing in my head recently after the Supreme Court decision on campaign finance.has left a LOT of citizens shaking their heads.

“The government may no more restrict how many candidates or causes a donor may support than it may tell a newspaper how many candidates it may endorse,” Chief Justice John G. Roberts Jr. wrote in the majority opinionn.

This is illustrated below from the NY Daily article

So this is basically become a PAY & PLAY democracy. The Supreme Court’s decision was based on ensuring the protection of the First Amendment i.e. Free Speech. But as described by this article  there is strong reason to believe that the judges are out of touch with reality.

Even though this ruling will affect a few HNW (high net worth) donors, here are specific reasons why this is really really bad for our democratic process:

a) The Golden Rule – the man with the Gold makes the rules. Agree this is a bit of an oversimplification but as the above article quoted, the person with the most money gets to “buy the most free speech that is often enough to drown the opposition”.
Exhibit A – All GOP candidates flying to Las Vegas a few days ago to court Sheldon Addleson (including the apology of one Mr. Christie).
From Jon Stewart Friday April 04th Episode: I would respectfully like to approach the bench, and remind the Court that when the media refers to Sheldon Adelson as a super-donor, they’re not talking sperm. 

b) More money means more lengthy primary cycles. As much money can be given to campaigns that much will be taken by them. With no more limits there there is a possibility of a huge list of candidates who could all be potentially well financed and drag the primary out.

c) Refer to my previous post on One Percenters. This ruling has a lot of unintended consequences. A major one being the impact to income and wealth distribution. More money buys more speech which in turn buys more money and the wealth continues to get concentrated within a small slice of society.

It is going to be very interesting to see how the 2016 elections play out especially from a spending perspective. How much super PAC and lobbyist money will be  spent and how will that influence the electoral process remains to be seen.
Maybe the answer is with how our Supreme Court works?
– Why do Judges have to be partisan? and if that is the case why aren’t Libertarian or Progressive judges ever nominated.
– Why do we need appointments for life which results in these judges who are not in step with the times? (yeah yeah I am aware of the obvious reasons).Obviously none of that is going to change anytime soon.
As stated in the same Jon Stewart episode……..

JEFFREY TOOBIN (4/2/2014): Basically, it gives people who have a lot of money at their disposal the chance to spread their influence even more widely.  If you have a million dollars now, think how many chunks of $5,200 that makes.  It’s a lot.  You could write a lot of checks.

Yep!  Lots and lots of $5,200 checks.  The last great hope of preserving our democracy from the corrupting influence of money is carpal tunnel syndrome.

Maybe like the Legislative section our Judicial section also needs a reboot.  I for one am hoping to win the lottery cause I badly need the “speech” to stop the idiots from teaching intelligent design in our school curriculum.