Lynne Stevens
The Supreme Court is starting to affect our lives in ways we have never predicted – and this seems to be only the beginning.
Some like the direction, but public opinion polls are overwhelmingly showing we are not happy with relinquishing freedoms we have had for decades. The reputation of the Supreme Court is at an all-time low among the American public and the integrity and impartiality of the court is questioned.
Supreme Court Chief Justice Roberts has allowed his court to stray from the use of a legal basis for decisions, leaving legal scholars and federal courts wondering how they arrived at some of their decisions.
The term “stare decisis” is a Latin term used in law to mean “let the decision stand” with higher court decisions taking precedent over lower courts.
Using previous court decisions to form the basis of law helps to maintain stability and some degree of predictability in our lives.
According to the American Bar Association, some decisions are entrenched, are called “super precedents” and become a part of American life.
This stability is changing.
Corporate rights are being expanded and we the people are systematically having the door shut when we seek justice. If a product is defective and many customers suffered a similar loss, it was cheaper to ban together and share the costs to sue through a class action suit. Corporations hate class actions.
To the rescue, the Supreme Court has made it more difficult and expensive to file a class action and predictably far to many give up seeking justice. In another case, the Supreme Court allowed a Corporation (Hobby Lobby) to defy the Affordable Care Act. The ruling denied all female employees birth control on religious grounds, which singled out women to lose a right all other women in the country had in the same line of work.
Do you feel corporations are people? Other than the Supreme Court and corporate beneficiaries, most people feel that is a ridiculous statement.
Yet, the court has expanded the power of corporations in political and legal life – in the name of personhood.
You don’t trust your government? Redirect your attention to the Supreme Court, who approved unlimited dark money given by special interests to those who make the rules in Congress.
Super Political Action Committees (PACs) are a by product of a Supreme Court ruling known as “Citizens United,” which ruled dark-money donors don’t need to be disclosed.
The Supreme Court did not consider national security implications of this ruling when large donors can hide their identity. That is why it is called “dark money.”
These PACs can get money from anywhere and not have to disclose it – even from Russia or China, who are our adversaries.
The risks to the country should have been obvious.
Could Russia be funneling money to turn us against Ukraine? It’s hard to tell.
Judicial balance and decisions based in law are desperately needed on this court.
Lynne Stevens writes a bi-weekly column for The Graham Star. She can be reached via email, geminga@mailfence.com.