Depending upon your politics, the 2021-22 term of the U.S. Supreme Court will go down in history as either one that restored American values of liberty and freedom, or one that marked the beginning of the end of democracy.
And Democrats are using that latter appraisal in a Hail Mary effort to thwart what everyone agrees will be a red tsunami that will almost certainly flip the House to the GOP, and possibly the Senate as well.
The list of major decisions are momentous and cover nearly every facet of American life, including:
- National Federation of Independent Business v. Department of Labor, decided early on in January, held that the Labor Department lacked the authority to implement the Biden administration’s COVID mandates on large employers. The court ruled that Congress did not give the department such a "significant encroachment into the lives — and health — of a vast number of employees."
- West Virginia v. Environmental Protection Agency, was a similar case, ruling that the EPA lacked express authority under the Clean Air Act to regulate the discharge of greenhouse gases emitted by coal-fired electric power plants.
- Kennedy v. Bremerton School District, which held that a high school football coach had the right under the First Amendment’s Free Speech and Free Exercise clauses to silently pray after games on the field’s 50-yard line.
- Carson v. Makin, which held that the state of Maine’s limited school choice program could not discriminate against parochial schools.
- New York State Rifle & Pistol Association Inc. v. Bruen was the court’s first major Second Amendment case in a dozen years. It established that states cannot impose arbitrary, subjective requirements on concealed carry permit applicants. In this case a state law required New Yorkers to prove a "special need" beyond mere self-defense in order to obtain a permit.
But the Big Kahuna, of course, was Dobbs v. Jackson Women’s Health Organization, which reversed the nearly 50-year Roe v. Wade decision that made abortion a federal constitutional right.
After the Dobbs decision was announced, Sen. Elizabeth Warren, D-Mass., went on the war path and told ABC News’ "This Week" that the court had lost all legitimacy.
"I believe we need to get some confidence back in our court and that means we need more justices on the United States Supreme Court," the Massachusetts Democrat told co-anchor Martha Raddatz, "We've done it before, we need to do it again."
Earlier this week, Warren even went after crisis pregnancy centers, which offer counseling to pregnant women unsure of whether to abort their child or put it up for adoption.
"We need to put a stop" to crisis pregnancy centers "right now," she said, after observing that such centers outnumber abortion clinics three to one.
Comedian Samantha Bee was even more unhinged, and suggested that Americans make the life of the author if the Dobbs decision — Justice Samuel Alito — a living hell.
"We have to raise hell in our cities, in Washington, in every restaurant Justice Alito eats at for the rest of his life,” she said. "Because if Republicans have made our lives hell, it’s time to return the favor."
And Democrats are making abortion a central campaign issue in their effort to retain control of Congress.
House Speaker Nancy Pelosi, D-Calif., called the Dobbs decision "outrageous and heart-wrenching,” then pivoted to politics by adding: “But make no mistake: The rights of women and all Americans are on the ballot this November."
However, a Monmouth University poll indicated that only 5% of respondents considered abortion a top issue, notwithstanding the enormity of the court’s decision. This possibly reflected the fact that the court didn’t ban abortion — it left the issue for the states to decide.
And guns/gun ownership was of major concern to 3% of the respondents.
Without surprise, bread and butter issues came in first, with 63% stating that either inflation, gas prices, the economy or everyday bills/groceries is their family's top concern when going to the polls this November.
And don’t expect any support from the Democratic Party’s standard-bearer. A CIVIQS rolling job-approval average found that President Biden enjoyed only an 18% approval among the all-important independent voters, as of July 3.
From the mid-1950s to the late-1960s billboards sprung up along American highways imploring Congress to "Impeach Earl Warren," the high court chief justice who led a liberal activist court from 1953 to 1969.
In contrast, NPR's Juana Summers called the current court "the most conservative Supreme Court in 90 years"
And with that we hear calls to impeach Justices Clarence Thomas, Brett Kavanaugh, and Amy Coney Barrett, along with demands that Americans make Justice Sam Alito’s life a living hell.
It all means two things: one, the current court is doing a magnificent job, and two, it should keep up the great work.
Michael Dorstewitz is a retired lawyer and has been a frequent contributor to Newsmax. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter. Read Dorstewitz's Reports — More Here.
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