THE SUPREME COURT'S CONSERVATIVE BRANCH

by Ruth A. Sheets

Since Neal Gorsuch entered the ranks of Supreme Court justices, I have been thinking about his role and the expectations his people have of him.  I say "his people" because all Americans are not his people.  Nor are the majority of Americans the people of any of the conservative justices.

It is rare to see any of the conservative 4 take a position on any case that does not help their constituents:  business, White males, the wealthy (particularly the very wealthy), Evangelical and fundamentalist Christians.  They also do their best to support Republicans in any way they can.

The Senate will be helping them out too.  When Mitch McConnell refused to even hold hearings for President Obama's nominee, Merrick Garland last year, he ignored proper protocol and respect for a sitting president.  He bet on Mr. Trump becoming president, knowing the most conservative person available could be nominated and pretty easily approved by his Senate.  Republicans seldom stand up to Mr. McConnell or, as it turns out, Mr. Trump.  Their vindictiveness against those who try independence is legendary.

So, we have Mr. Gorsuch, a rubber stamp of Justices Thomas and the late Justice Scalia.  These men are supposed to be "brilliant jurists," but in reality, it doesn't matter how brilliant they are.  They know what is expected of them and they dutifully do it, no matter the human cost.  There is no personal cost to any of them.  There is no intellectual stretch except in the way they justify the often destructive rulings handed down.  For example, they ruled that corporations are persons (Citizens United).  These conservative justices don't have to be elected or approved of in any way, so the amount of money spend in political campaigns by persons and organizations that don't even need to be identified never touches them.

Courage on their part is rarely visible and certainly not necessary.  Justice Roberts allowed a critical part of the Affordable Care Act pass on taxation grounds, but not because it was the right thing to do to help citizens get health care.  So, perhaps, a bit of courage was on display, but really, just a bit.

I keep wondering what conservatives are trying to conserve.  Is it some kind of way of life that was so wonderful it must be brought back?  Is it a sense that America is a Christian country even though it never was that?  Is it to keep White rich people in power?  Is it to blame poor people for their poverty by making it harder for them to be heard?  Is it to pretend that LGBTQ people don't exist, so giving them the same rights as everyone else is not necessary because they don't exist, so don't need any extra protections? 

I also often wonder why conservatives are so obsessed with women's reproductive organs.  They don't seem as worried about male reproductive parts.  If they cared at all about women and women's rights, they would once and for all strike down all the state laws that get between a woman and her doctor in her reproductive decisions.  Why don't they do this -- because their constituents don't like letting women act as full adults.  Men might have to share some power.

And, what is it with the conservatives and guns?  Of course, when the conservatives on the Court say states and communities can't make certain laws to restrict guns, they really mean guns owned by White people, particularly White men.  They can't state it that way in their decisions, but we see the results when a Black driver is murdered after he tells police officers he has a permit to carry.  Those officers, of course are not convicted of anything. 

What can we expect this coming year from the conservative 4, perhaps 5 if Justice Kennedy is in his conservative mood?  I suspect if they can get to it, they will end or severely damage Roe v. Wade, strengthen Citizens United, end the right to marry for LGBTQ couples, allow disenfranchisement of more and more citizens who just don't fit what conservatives see as "real Americans."  They may allow Mr. Trump's travel and refugee bans as everyone who is not Northern European is a terrorist.  The one guarantee, their 4 basic constituencies will be well served and everyone else will be left to pick up the pieces and go on the best they can.  One would think we could do better.