Justice is portrayed in stone on the front of the Supreme Court Building in our nation’s capital as a female with a blindfold and a scale in one hand and a sword in the other. The blindfold symbolizes objectivity and stoicism, the scales represent empiricism and enlightenment values, and, the sword appeals to enforcement and restraint. These ideals can be differently represented based on the permutations of tokens that comprise the statue. For example, some have created critiques of U.S. justice by changing the specific token that represents the ideal that corresponds with it, by making a figure of Justitia with her blindfold “slipping” to allow a watchful eye for the other, non-Stoic, means to prudent decision making that might exist in deliberations of jurisprudence.
A few days ago the institution that is supposed to represent these lofty ideals decided to rape all she stands for rather than follow the supreme law of this nation. It began with two of the Justices refusing to recuse themselves as required by law. Justice Sonia Sotomayor and Justice Elena Kagan both made their position on same sex marriage very clear by personally performing these marriages. The law requires that when a judge in a case has formed an opinion or there is reason to believe they have done so prior to the hearing of evidence they must stand aside and allow other judges to decide the case. They did not do so and voted as we knew from their history that they would vote.
Next came the blatant ignoring of the constitution in several areas. Probably the most significant of these would be the 10th amendment which specifically forbids the federal government from doing anything the states can do for themselves. In this case, it is the states via the individual counties and cities in those states, that issue marriage licenses based on the will of the people in those jurisdictions. In some cases this may be the requirement of a blood test while in others it may be the blood relation of the supplicants and in several of these United States the denial may be based on the fact that the petitioners for said license are of the same sex. It is clear that the constitution permits the states these rights.
Their are those who believe with great sincerity that such marriages are contrary to the bible and that alone is sufficient reason for said denial. Yep, they have the right to do that also under the 1rst amendment.
Then there is the case Obamacare. The law as written, states that those states that did not create their own Obamacare plan would not receive any subsidies. This was not a problem for this court. They simple decided that they had legislative powers contrary to Article I section I of the Constitution which states in plain language that the only body that may create laws for this nation is the congress. This made no difference to the Roberts Court. They just rewrote the law.
There are more constitutional issues, but why belabor an obvious point. Might be time to install term limits on all of D.C.!