Tuesday :: Jun 26, 2018

John Roberts’ “Speak No Evil, Hear No Evil” Doctrine

by Deacon Blues

In a partisanly-divided court decision today, the SCOTUS ruled that Trump’s travel ban was a constitutional exercise of his authority to keep aliens out of the country, regardless of the documented record that it was designed based on racial and ethnic discrimination. The court majority, led by Roberts, decided that what the government says or does in practice is not as important as what the action or law said, and ruled that demonstrated behavior or intent is not a bar to the law or action going ahead.

This explains why Neal Gorsuch and Sam Alito so easily turned aside the gerrymandering lawsuits this week about Texas and North Carolina. To these conservative justices, if the state legislature has the constitutional authority to redraw lines, their eventual discriminatory disenfranchisement of minority voters and trashing of the Voting Rights Act are irrelevant, because the gerrymandering authority itself didn’t say it was about race.

Amazing. Well, remember this the next time a Democratic president tries to put in place a law that the NRA claims is a backdoor effort at firearms restrictions. Roberts and the GOP majority just said that if the law or action itself doesn’t plainly raise constitutional grounds, it doesn’t matter what the proponents really want or will do with that authority.

And as for those allegedly progressive legal scholars who told us not to worry about a Neal Gorsuch on the Supreme Court, your fifteen minutes are up. Now go away and never be heard from again.

Deacon Blues :: 9:08 AM :: Comments (1) :: TrackBack (0) :: Digg It!