Thursday, June 25, 2015

SCOTUS's twofer fatal blow to the rule of law

And there will sure be more tomorrow, as more decisions are expected.

So brace yourself for more of that slugged-in-the-gut feeling.

The decision in the disparate-impact case, Texas Housing v Inclusive Communities,  renders not just the housing industry but the mortgage-lending industry as vulnerable as a mouse is to a python in lawsuits where discrimination is alleged.  Identity-politics hustlers will now have a much easier time making accusations of unfair economic practices stick, and winning big monetary awards in post-America's courts.

Can you not see this empowering those pushing to withhold block grants from communities with an "insufficient" mix of income levels in various types of communities?

So much for colorblind justice.

And then there's King v Burwell.  Let Roberts' concession that Freedom-Hater-care overall "contains more than a few examples of inartful drafting," his employment of an observation that "Congress passed [Freedom-Hater-care] to improve health insurance markets, not destroy them" to inject his concern that judicial-branch decisions could have disruptive societal consequences  - when that is completely inconsequential to the damn duty of that branch - and his acknowledgement that he and the majority on the bench had to perform contortions in order to avoid "a more natural reading" of the letter of the provision in question fully sink in.

He has publicly, and for history's record, proclaimed that there are, as far as he's concerned, matters more important than a literal reading of edicts passed by America's bicameral legislature under which we the citizenry are expected to live.

We are now in a post-Constitutional society.

If that doesn't make you afraid, the conversion process being performed upon you by the overlords is already complete.

No comments:

Post a Comment