Supreme Court Decisions – 3 Down and one biggie to go.

“These horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives. We need more Justices or we will lose our 2nd. Amendment & everything else. Vote Trump 2020!”    Trump’s tweets, June 18, 2020.   (Referencing the court’s decision in favor of the DREAMers, see last link)

The reference to Second Amendment rights is really pretty weird, because the Supreme Court refused to hear 10 petitions regarding gun rights, letting these issues be resolved in the lower courts. In the current term, due to expire very soon, there are no gun rights cases.

Trump has lost 3 cases in a row.  He loves to brag on how he’s backed the courts with conservative judges,  but in these cases, at least one has sided with the liberals on  the court.   The cases that were decided against Trump were:  (1) The Louisiana abortion restrictions case (2)  DACA legality case and (3) LGBQT discrimination case.   You can’t win a case in the Supreme Court unless a Supreme Court Justice nominated by a Republican president joins with the liberals.  If Biden wins,  I suspect Ginsburg will retire, so we will still be 5 conservatives and 4 liberals.

The most recent decision, the Louisiana abortion limitations case,  was decided in favor of the liberal minority, because John Roberts, normally a conservative, decided to join them.   Roberts concurred with the decision, but wrote a separate opinion, defending the decision based on the “Texas Case.”     Simply put, like cases should have like outcomes.   It is called “stare decisis.”

The Supreme Court made its interpretation of the Second Amendment in the District of Columbia v. Heller case.   Based on Heller, any  town, city or state  which passes a rule or law, which renders a gun not readily usable for the owners protection in their home has violated the Second Amendment, and judges must declare these rules to be unconstitutional.   For those who own guns and want to keep them in their homes for protection,  the Supreme Court ruled on this more than a decade ago and the doctrine of “stare decisis” will ensure that these rights are preserved.    Voting for Biden or Trump won’t change a thing.   The liberals on the court  believe strongly in stare decisis, because without this, the conservative majority could undo many decisions, including gay marriage, the right to an abortion and desegregation of schools, to name a few.

The big ones, coming any day now, are 3 lawsuits aimed at release of Trump’s taxes (Trump v. Deutsche Bank,  Trump v. Mazars, USA,  Trump v. Vance).    I think at least one of these, is going to succeed.  From what I understand it, the DOJ has opined that a sitting president can not be indicted,  and the extension of this, is that a sitting president may not be investigated for criminal actions.   Sort of blanket immunity.   We will see soon enough how far this blanket will stretch,

So in advance, let me re-tweet Donald:

“These horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of me.”

If he’s got to give up his taxes, he will not exactly go gently into the night.

Stay tuned,

Dave

Wikipedia:  2019 to 2020:  Supreme Court Pending Cases

NPR:  Supreme Court Hands Abortion-Rights Advocates A Victory In Louisiana Case

NPR: Supreme Court Delivers Major Victory To LGBTQ Employees

NPR:  Supreme Court Rules For DREAMers, Against Trump

CNBC:  Supreme Court decides not to hear big gun-rights cases, dealing blow to Second Amendment activists

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s