I HOPE YOU ARE reading the link to the dissent from the Dred Scott decision by "justice" Curtis linked to yesterday because it was more than just a dissent, it was a demolition of the claims Taney based the Dred Scott decision on. The vile claim that under the Constitution that Black People could not be citizens of the United States when the States that united in it had a long history of Black People being citizens of them, in the colonial period and even after the United States first formed under the Articles of Confederation - if anyone thinks the "founders" the "framers" were geniuses whose wisdom is safe in a fixed form, consider how fast they found their first try to be dangerously inadequate. Nothing in the Constitution can be rationally divorced from the Articles of Confederation or the States' Constitutions that it took on in so far as it didn't explicitly overturn it. I will write about the higher moral obligation to include the Declaration of Independence in that record because it was, as Martin Luther King jr. called it a "promissory note" that has continually, for People of Color, for Women and others repeatedly had bad checks issued to cover. But that's a post in itself.
As impressive is Curtis' demolition of the Court created power to amend the Constitution by judicial fiat, doing so to create a power for them to overturn duly adopted laws such as the Missouri Compromise then and the Voting Rights Act now. And to the same end, enforcing the inequality for Black People held in bondage, like the Roberts Court extending that from those held in slavery to those who were "free" and to always be held to be unequal before the law. That his reasoning didn't win the day only goes to prove how dishonestly the Supreme Court acts, in full face of evidence and reasoning that obliterates the majority opinion, it's the corrupt and dishonest opinion that is given the full weight of the legal apparatus. The pretenses of the Court, of the legal system, that it is based in evidence and reasonableness is clearly a very much sometimes thing. That mixed with the idiocy of lifetime appointment and the impossible to achieve mechanism of removal by impeachment makes the unelected Court extremely dangerous.
The slave-power that has blighted the history of the United States, that has oppressed and corrupted our history is continued today in the Republican-fascist voting suppression laws that the Republican-fascist dominated Roberts Court is enabling with its demolition of the Voting Rights Act and civil rights laws and regulations. As I noted the racists, the power that the businessmen, the money interests, the financiers and bankers and their media sought to harness and control as a means of domination and profit for themselves has gotten the upper hand on them - not that most of them, white, affluent, self-centered, much care how they profit. And there are People of Color among them, as I said when noting that Clarence Thomas and Amy Coney Barrett were enthusiastically making Black People and Women 3/5ths persons, there to be counted for assigning congressional representatives and to be taxed but kept from full person-hood and prevented from voting white men on the Court have done that to other white men as well as Black People and Women for the entire history of the court. Though if most of them were to show any tender regard for rights, they would have mostly cared about other white men for the entire history of the Court.
So, going over where the Court grabbed the power, in the worst decision that Court ever issued, and which, unlike Roe vs. Wade and a number of civil rights rulings of previous Courts the Court has never sought fit to repeal, outright, these issues are not ancient history. Even with the brilliant demolition of Curtis staring them in the face since 1857, even with the vile use of the power their spiritual ancestors on the Taney Court used for other vile purposes, overturning campaign finance reform laws, the Civil Rights Act, etc. the Court is not going to give up its self-created power for them to override the elected legislature and the elected president, not even if it is to prevent another Trump gaining power through media spread lies, not to repeal Citizens United AFTER THE WARNING THAT IT OPENED UP OUR ELECTIONS TO FOREIGN INTERFERENCE WAS HORRIFICALLY PROVED TO BE RIGHT.
The Court needs to have that power stripped from it and our elections have to be protected from the corruption of big money and democracy has to be protected from big lies. Lies like the ones Taney et al told as Supreme Court made law which those elite lawyers have never seen fit to reject and repeal as they have the Voting Rights Act and Roe vs. Wade.
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