Another one from my Atlantic reading.
With the health care law being challenged currently in the U.S. Supreme Court, the topic of whether Barack Obama should run against the court is popular. “Run against”, of course, means that he would make a political issue out of the fact that certain of the justices are, themselves, really political.
Additionally, I would say, some of them have been around for too long a time. Particularly: Scalia, Thomas, and Kennedy. All three, over 20 years now. It is like the Reagan and old man Bush Administration are still calling the shots over U.S. laws, a dead hand keeping us down when reforms and progress are needed.
It’s not just that the Supreme Court sucks. A lot of our court system in America sucks. As you may know, I went to law school, and I have done my couple of small litigations. I would say that our “modern” system is about as backwards as half the state court systems of the 19th century. In states like Pennsylvania, there has been virtually no reform since the 19th century, in fact.
The focus of the so-called political conservatives is to get courts to deliver nothing to plaintiffs. Inevitably, we will then have a lords and serfs society, with them as lords. This is already done through stall and delay. But what I think the conservative element in our society want is that our fundamental laws are let rot. In some cases, substituted by corporate policies, which are whatever the big runners of things want to have at any given moment. But in other instances, no law.
When the focus is on Trayvon, not a lot of people point out that he is a victim of this slow rot of our laws. ALEC, the group that proposes these gun-law statutes and other pro-corporate legislation from the billionaire’s shadows, was the one behind this “Stand Your Ground” vigilante law, which Florida adopted. Had Trayvon’s killer been held to common law of self defense, the way it was, not only through the 20th century, but going back to the earliest of common law, the killer would be sitting in the pokey, awaiting trial.
I, of course, will have more to say about my own particular case as developments occur. But I burn out a bit from it, from time to time, and I start thinking more about how this whole political strand of (phony) conservatism is really something that’s got to be addressed out there. Barack Obama already has my vote, but I’d like to see him point out to people, as a lawyer (which he is), just how and where the various American courts really suck.