“Supreme Court Disasters” *Open Thread*


The venerable Thomas Sowell had an excellent piece in Towhnall about the recent court decisions as the title indicates, Supreme Court Disasters. His focus wasn’t so much the decisions themselves, but what they mean for our country and the way in which we are governed.

You may be interested to know that CNN/PRC has done a poll to take the pulse of how Americans feel about the two major decisions last week, Obamacare and same sex marriage (h/t Allahpundit at HotAir). From CNN:

According to a new CNN/ORC poll, 63% support the Court’s ruling upholding government assistance for lower-income Americans buying health insurance through both state-operated and federally-run health insurance exchanges. Slightly fewer, 59%, say they back the ruling which made same-sex marriages legal in all 50 states.

Support for each ruling is sharply divided by party, with most Democrats and independents behind both, and most Republicans opposed to both.

Of course, one can never just take these things at face value. To begin with, consider the percentages of people surveyed: 28% were Democrats, 23% were Republicans, and 49% claimed to be in some other party (?) or Independents (p 6). Oh, and then there is the little +/- 3.5% margin of error thing. And it is from CNN. So there is that.

Regardless of where one stands on these decisions, the point Sowell makes is the crux of the matter. So let’s get to his point in Supreme Court Disasters:

[…] But there is a deeper and more long-lasting impact of these decisions that raise the question whether we are still living in America, where “we the people” are supposed to decide what kind of society we want, not have our betters impose their notions on us.

The Constitution of the United States says that the federal government has only those powers specifically granted to it by the Constitution — and that all other powers belong either to the states or to the people themselves.

That is the foundation of our freedom, and that is what is being dismantled by both this year’s Obamacare decision and last year’s ObamaCare decision, as well as by the Supreme Court’s decision imposing a redefinition of marriage.

Last year’s Supreme Court decision declaring ObamaCare constitutional says that the federal government can order individual citizens to buy the kind of insurance the government wants them to buy, regardless of what the citizens themselves prefer.

The Constitution gave the federal government no such power, but the Supreme Court did. It did so by citing the government’s power to tax, even though the ObamaCare law did not claim to be taxing.

Exactly. As I recall, the Obama Administration went out of its WAY to claim this was NOT a tax. Now, I can appreciate that Chief Roberts, et. al, came to that conclusion. I mean, “if it walks like a duck and quacks like a duck,” as the saying goes, it was a de facto tax – but not on all Americans. Just some. And that alone should have been enough to have the law thrown out. But no, they let it ride, making yet another LEGISLATIVE change in a law that had been passed. By only one side and by changing the Senate rules, which alone should have given pause to the Court. Oh well.

And that is the problem. The Supreme Court overstepping its powers. Back to Sowell’s piece in Townhall:

[…] When any branch of government can exercise powers not authorized by either statutes or the Constitution, “we the people” are no longer free citizens but subjects, and our “public servants” are really our public masters. And America is no longer America. The freedom for which whole generations of Americans have fought and died is gradually but increasingly being taken away from us with smooth and slippery words.

This decision makes next year’s choice of the next President of the United States more crucial than ever, because with that office goes the power to nominate justices of the Supreme Court. Democrats have consistently nominated people who shared their social vision and imposed their policy preferences, too often in disregard of the Constitution.

He ain’t only kidding about who will be elected next year. But even more is that the Supreme Court, by its actions, has changed the way Americans are governed. To say this is huge is an understatement.

Sowell goes on to highlight how some of the choices Republican presidents have made for the highest court in the land have fared. I have to say, not too well:

[…] Chief Justices appointed by Republican presidents have made landmark decisions for which there was neither Constitutional authority nor either evidence or logic. The first was Earl Warren.

When Chief Justice Warren said that “separate educational facilities are inherently unequal,” he was within walking distance of an all-black public high school that sent a higher percentage of its graduates on to college than any white public high school in Washington. As far back as 1899, that school’s students scored higher on tests than two of the city’s three white academic public high schools.

Nevertheless, Chief Justice Warren’s unsubstantiated assumption led to years of school busing across the country that was as racially divisive as it was educationally futile.


And now Chief Justice John Roberts, appointed by George W. Bush, gives the federal government the power to order us to buy whatever insurance they want us to buy. With that entering wedge, is there anything they cannot force us to do, regardless of the Constitution? […] (Click here to read the rest.)

That is the question, isn’t it: is there anything they cannot force us to do, regardless of the Constitution?

At this point, I am leaning towards, NO. And that is a frightening place to be indeed. At least for those of us who value this country, our democracy, and our Constitution.

How about you?

This is an Open Thread.


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39 Responses to ““Supreme Court Disasters” *Open Thread*”

  1. kenoshamarge Says:

    “Is there anything they cannot force us to do, regardless of the Constitution?”

    My answer is a loud and outraged: NO!

    We have been shown over and over again that we have a government completely out of control. It does as it pleases when it pleases and to hell with the people. The mediocrity in the White House is the worst president in my memory and I can remember back quite a ways.

    Part of the problem is an ignorant and lazy citizenry. There have always been people like that but I think there are more of them now. Ironic in a day and age when there is so much information available and easier to access than ever before that so many have chosen to be ignorant. And it is in many/most cases a choice.

    Who in government can we trust? Certainly not the institution as a whole. Some few, some very few people in government who are actually honest and hard working. But mostly we have the self-serving, greedy, dishonest politicians who only care about the “people” when they need our vote. Then they lie to us and count on most to pay no attention when they keep no promises.

    I am beyond disgusted and way beyond discouraged. I can usually dig deep enough to find some optimism or something to be optimistic about. Not here and not now. Maybe it’s just because I have a miserable cold. But I don’t think so. http://images.zaazu.com/img/Fever-fever-flu-cold-smiley-emoticon-000551-facebook.gif

    • Rabble Rouser Reverend Amy Says:

      You know, Marge, as great as all the new technology is, many people seem to use it not to learn more, research more, know more, but to become more self-centered and absorbed. For instance, I had a young man beside me on the flight from Charlotte to Charleston who texted throughout the ENTIRE flight and after he got off the plane, too. It was all texting all the time except when he changed his movie selection (and no, people are not supposed to be texting during flights, but he didn’t care).

      So yeah – we have more at our fingertips, but too often, our fingertips are busy taking selfies and chatting.

      You raise excellent points, too. There seem to be very few people in government whom we can trust now. The vast majority of them are duplicitous liars (more on this tomorrow) who say one thing then another, and rarely is either one the TRUTH.

      I am disgusted and discouraged, too. When the SCOTUS took over the task of writing or re-writing laws, I knew we were in a heap of trouble…

    • foxyladi14 Says:


  2. helenk3 Says:

    political discussion is frowned upon today. No one wants an open discussion on the pros and cons of any government decision. That is one of the biggest losses of all in this country.
    before backtrack was inflicted upon us, political discussion was a given thing now everything is considered racist or sexist. We all lose with that.
    If we do not talk to each other, and listen to other ideas, how can we fight the loss of freedoms in this country?

    • Rabble Rouser Reverend Amy Says:

      You said it, Helen. Between “microagressions,” political correctness, and more, it is hard to say ANYTHING, much less engage in real debate.

      Yep, the Left has made sure we can’t talk to one another so they can continue to railroad the rest of the country into their way of thinking…

    • kenoshamarge Says:

      When the left shuts down all discussion before it can even start by labeling people racist if they disagree with Obama and sexist if they disagree with Hillary, there is no chance for people to talk to each other let alone have a “discussion”.

    • foxyladi14 Says:

      Sad too.

  3. helenk3 Says:

    • kenoshamarge Says:

      Good one Helen. But you don’t really expect these “activists” to know the difference between Colonel Sanders and someone like Colonel John S. Mosby aka “The Grey Ghost”.

      John Singleton Mosby (December 6, 1833 – May 30, 1916), also known by his nickname, the “Gray Ghost”, was a Confederate army cavalry battalion commander in the American Civil War.

      His command, the 43rd Battalion, 1st Virginia Cavalry, known as Mosby’s Rangers or Mosby’s Raiders, was a partisan ranger unit noted for its lightning quick raids and its ability to elude Union Army pursuers and disappear, blending in with local farmers and townsmen.

      The area of northern central Virginia in which Mosby operated with impunity was known during the war and ever since as Mosby’s Confederacy.

      After the war, Mosby became a Republican and worked as an attorney and supported his former enemy’s commander, U.S. President Ulysses S. Grant, serving as the American consul to Hong Kong and in the U.S. Department of Justice.

    • Rabble Rouser Reverend Amy Says:

      Good one, Helen!

      And Marge, you are no doubt correct abt the Grey Ghost and making the distinction. Isn’t it interesting that he went on to work for Grant? Wow…

      • kenoshamarge Says:

        I was a real Civil War buff in my younger days and remember the name of Mosby although I cannot claim to have remembered much else. I just knew that both sides respected him as a great soldier.

        Much as both sides respected Baron Manfred von Richthofen as a great pilot during World War One. He was the most successful fighter pilot of World War I, with 80 official victories before he was killed in action.

        This was not the case in World War Two. Hilter’s Germany was hated and thus even though

        I’m sure there must have been decent men in the German army ‘Desert Fox’ Erwin Rommel comes to mind.

        After the fighting was over very few German officers were considered to be “decent” men. Rommel was considered both able and decent and fought rings around the allies for years.

        I think my “army brat” status is showing. I was raised on war stories and still remember some of them. My dad insisted that I get books from the library to back up any of my positions and thus I learned a lot. Didn’t retain a lot but that was 60 years ago.

        • Rabble Rouser Reverend Amy Says:

          That’s the Red Baron, right?

          And LOL abt your “Army Brat” side coming out. Too many people know our history, let alone world history, so it is a treat to have you mention it here, Marge!

          Funny that you mention this, too. I was thinking earlier today abt my Fourth of July post and thinking of my forebears who fought in that war, and who signed the first Declaration of Independence in this country (Mecklenburg, 1775). All the great people who fought for our Independence, including my cousin’s forebear, the Swamp Fox, Francis Marion. Not get ahead of myself, but I can’t help but wonder what they would think of where this country is today under Obama…

          • kenoshamarge Says:

            My point, before I got lost in the weeds was that even “enemies” can be respected and after the fighting is over interacted with.

            The problem is that anyone who disagrees with the left these days is treated worse than an honorable enemy. But why expect honorable treatment from people who have no honor?

          • Rabble Rouser Reverend Amy Says:

            I totally get your point, Marge. Now it is, “Destroy! Destroy!! Destroy!!!” No one can have a differing opinion without being eviscerated, especially for some on the Left.

            For instance, a Facebook friend put up a photo from the White House of Gay people there to celebrate the ruling and flipping off portraits of Presidents like Reagan and Bush. Classy, really classy. (Cuz’n Cindy, I was reminded of something you said recently abt winners…) And then there was the spitting upon Father Jonathan by Gay Pride members the other day as he innocently walked by. WOW.

  4. cindyindie Says:

    Great post, Cuzin…..Honestlawyer and I are going to sit down and discuss both rulings when we have a moment to spare, as I really want his input, since he was a constitutional scholar in law school (not a fake one, like “Back Nine Barry”)…Don’t have time right now because I’ve been asked to play the organ on Sunday at the Episcopal Church (haven’t played it in 48 years–HELLO!) Yes, they are down to ME on the list of who-to-call..LOL So I guess that makes me the assistant to the assistant to the assistant organist!
    Anyway….maybe hubby and I can chat after Sunday …….and then I’ll forward to you his thoughts…!

    • kenoshamarge Says:

      I used to play the organ many years ago too. Not good enough to play in public but I enjoyed playing for myself. I wonder, is it like riding a bicycle and you never quite forget? Anyway I’m sure you’ll do fine.

      I am looking forward to your report from Honestlawyer. Hearing from a “real” constitutional scholar instead of a lot of yapping from a bullshit artist will be a treat.

      • Rabble Rouser Reverend Amy Says:

        Thanks so much, Cuz. I’m with Marge – I can’t wait to hear what you and Honest Lawyer come up with abt these rulings (and LOVE the new moniker for Obama – ahahahaha!).

        Cool abt playing the organ, AND that Marge played too! I messed around with the organ Dad had at home for practice, but I didn’t know how to play it. Impressive that you two do! And yes, I want a report on how THAT goes, too! 😀

  5. Rabble Rouser Reverend Amy Says:

    Justine, if you are looking for the other post, it is supposed to go up tomorrow. Don’t know if it was user error (i.e., me) or a glitch that put it up today, but your comment will still be there! 🙂

  6. helenk3 Says:

    stolen from Ace of Spades

    Let’s sweep away the lies and just say it out loud:

    90% of the left’s attempts at social control are simply attempt to outlaw behaviors they perceived as favored or engaged in by ‘traditional” “conservative” “old-school” “white” etc. people.

    Thus, a liberal can simultaneously demand that cigarettes be outlawed but marijuana be legalized.

    Why? Because (in their conception of social reality) marijuana is a leftist intoxicant favored by the “counter-culture” while nicotine is a right-wing intoxicant favored by the “dominant culture.”

    “The Man” smokes cigars. “The Rebels” smoke weed.

    That’s all there is to it.

    …It’s absolute juvenile revenge fantasy, leftover from the ’60s. That’s all it is. The younger generation of activist are automatons acting out the revenge fantasies of their professors.
    — Zombie

  7. helenk3 Says:


    this is not going to be good. Would not want to be a cop when this happens

    • kenoshamarge Says:

      Too bad we can’t just put those two groups in a large field somewhere and let them wipe each other out. Both are a total waste of time, space and oxygen.

    • Rabble Rouser Reverend Amy Says:

      No, it’s not. The Black Panthers have been given carte blanche to do whatever they want without fear of legal reprisal. And who the hell knows from where the KKK is coming?? I saw something abt them being in a western state recently, but you sure as hell don’t hear abt them being here unless it is people just trying to stir up trouble…

  8. kenoshamarge Says:

    I agree with every word Katie Pavlich wrote in this article. But then I usually agree with her. She’s one of the “good” ones IMHO.

    Katie Pavlich: America is not racist

    America had the dignity to end slavery through a civil war and has since moved forward to correct wrongs with the civil rights movement, affirmative action, legislation, pop culture and much more. Institutional racism is no longer prevalent in the ways the left claims. Obama, elected twice by American voters, is black, as is former Attorney General Eric Holder and current Attorney General Loretta Lynch. There are a number of blacks serving in the U.S. Congress, including Republican Sen. Tim Scott (S.C.) and Congresswoman Mia Love (Utah). The likes of Oprah Winfrey and Beyoncé are business and pop culture icons.

    Look around the world and you’ll find that America is the most tolerant and open society on earth. The World Values Survey shows India, not the United States, is in fact the most racist country with a class system. The same survey has shown for years that Americans are among the least racist in the world and therefore are the most tolerant.


    • Rabble Rouser Reverend Amy Says:

      Thank you so much for this, Marge. I read it the other day and I agree with her assessment (and yours). She is definitely one of the good ones. And she is young – in her mid-20’s, so she gives me some hope!

  9. helenk3 Says:

    Last night on Hulu I was watching Midsomer Murders. It takes place in the English countryside. The story was about some murders during a wild west reenactment. I took a fit of laughing. There was the Confederate Flag waving in all its glory in the English countryside. The timing was awesome

    • kenoshamarge Says:

      I LOVE Midsomer Murders! Missed that one though and will now look for it. Thanks for sharing Helen.

  10. helenk3 Says:


    this is worrisome

    • kenoshamarge Says:

      There are so many things to worry about at this time that my head often spins like Linda Blair’s in the Exorcist.

  11. kenoshamarge Says:

    Don’t know if you all saw Britt Hume’s great commentary on the mendacity of Hillary Clinton on Special Report last night – I thought it was fantastic!


  12. Rabble Rouser Reverend Amy Says:

    As reports are coming in abt a new US Navy Yard shooter, Aaron Alexis, the man who killed 12 people less than two years ago naturally comes up.

    But here’s the thing: I don’t remember a big, huge brouhaha abt HIM killing 12 people. There were no riots, no protests, no Black Panther presence, no Al Sharpton, no NONE of that stuff. He killed 12 people. Yet there was no seething, lingering anger, no demands for gun control, or any race-baiting by the Race Baiter in Chief.

    Curious that, isn’t it?

    One of the things that has happened since then is all of the race baiting by Obama, the ginning up of anger and racial strife. But still, people NEVER talk abt this mass murderer – EVER. Hmmm.

  13. helenk3 Says:


    attempted flag burning did not turn out too well

    • Rabble Rouser Reverend Amy Says:

      OHMYGOSH – that’s AWESOME! And some of the Tweets are telling, accusing the VETS and BIKERS of being like 1930’s Germany. Wow. Just wow…

  14. helenk3 Says:

  15. helenk3 Says:


    sounds like a good idea

  16. helenk3 Says:


    this is just unbelievable only 16 people working in US government against isis radicalization

    • Rabble Rouser Reverend Amy Says:

      Are you KIDDING me with this??? You have got to be kidding. Seriously. WTH?!?!?!

      I saw a comment the other day abt how disconcerting it is that all these federal employees had their information accessed, but it was ALSO disconcerting that there are over 4 MILLION Federal employees.

      All that is to say, surely they could have just a few more of those employees dealing with this very real threat to our country and citizens.

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