Wednesday, June 17, 2020

Courting the Court, In Vain

THE SUPREME COURT'S six three decision that an employer cannot fire an employee for the horrible crime of being gay or transgender clearly illustrates what the court demonstrated five years ago when it legalized gay marriage: that packing the high court with conservative justices merely because they are conservative rather than qualified in the hope of obtaining conservative decisions and establishing a conservative legal culture through judicial renderings, a favorite Republican ploy, doesn't work, at least not always. This decision is more important than legalizing gay marriage because people do not have to get married, but, for the most part, they have to work. Sometimes, incredibly, a decision favoring liberal ideology is the correct one, sometimes not. Good judges do not care about that, and shouldn't. the constitutional merits of the case, not the politics, are what count. Hence the folly of appointing people to the court predicated on their perceived political ideology, which should never be done, but, tragically, always is, by conservative presidents and Senators. In the midst of all this, the fly in the ointment is the U.S. constitution, and its poorly written vagueness of law and language, its regrettable omissions and needless inclusions. Brace yourself for a liberal opinion. We the American people badly need a new constitution, one better suited to our modern needs and circumstances, as Jefferson predicted would be the case. There is nothing stone carved sacred about any words on any paper, constitutional, or biblical. Anything man made under the sun can and should be improved upon from time to time. We also need a new version of the supreme Court, with more members and term limits, to keep 'em rotating in office. Guaranteed ideological balance should be accomplished through testing. And that's just the beginning of the legal overhauling we need, but its a start. And, as an aside, we also need a new improved version of the Bible, a kinder gentler one, one which reflects a deity without the burden of mental illness, one who isn't a genocidal mass murderer, a petty vain  tyrant, who often behaves like a spoiled third grader. Thank goodness the American legal system is not, unlike what poorly educated conservatives choose to believe, based on the current, outdated one.

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