The Roberts Majority: Dictators Since Day One
The Supreme Court began another term this week. Most court watchers and other analysts have been reluctant to accept the truth of something I’ve long argued: that the Roberts Court is as agenda-driven as the House or Senate Republican caucuses. They have already put their thumbs on the scale in this election and are poised to intervene again if the results don’t suit them.
We are at least a decade past the point when we should be convinced of what Abraham Lincoln stated in his first inaugural address:
"The candid citizen must confess that if the policy of the Government upon the vital questions affecting the whole people is to be irrevocably fixed by the decisions of the Supreme Court . . . the people will have ceased to be their own rulers.1 " [emphasis added]
[...] The interests behind the Federalist Society (FedSoc) – in particular the Kochs, Leonard Leo, and other plutocrats and theocrats – are the same interests who have spent the 21st century funding and organizing the MAGA takeover of the Republican Party. I’ve coined the portmanteau “plutotheocratic” as a compact way of describing this coalition of interests. (See the Appendix for a brief overview of the history and major players in the plutotheocratic coalition.) The six FedSoc justices are properly understood not as “umpires” scrupulously “calling balls and strikes,” but as politicians in robes. However, it’s important to recognize what kinds of politicians we are dealing with. The FedSoc Six are first and foremost Federalist Society operatives. That means that they usually act in the interests of the Republican Party – except when the partisan agenda of the day conflicts with the long-term plutotheocratic agenda. [...]
Creating a Death Spiral for Democracy
For about 40 years, we saw a fairly predictable ebb and flow in the federal commitment to advancing greater freedom and equality and to constraining corporate threats to consumers, working people, and the environment. Under Republicans, this commitment would ebb; under Democrats, it would flow. But beginning in 2010 with the Citizens United decision, if not a bit earlier, Roberts’s agenda-driven majority turned that ebb and flow into a death spiral for American democracy.
Decision after decision shifted more and more electoral power to the FedSoc Six’s plutotheocratic sponsors – who in turn used that power to take greater control of Red state governments and purge Republican congressional caucuses of RINOs – which in turn was used to place more and more Federalist Society true believers on the Federal bench, and eventually the Supreme Court.
[See more excerpts below the cut.]
