How Can SCOTUS Be Judicially-Supreme, When Many Justices Seem To Lack The Integrity, Ethics, & Attitude To Decide In A Fair & Independent Manner?

Many believe the current US Supreme Court, often referred to as the Roberts’ Court, often appears to be one of the least fair and independent, especially since so many of these Justices appear to have a strong-personal agenda (which often seems to determine their decisions, rather than a judicial one). There have been so many reports and apparent incidents where many of them have refused to recuse themselves when it seems to be indicated, and their personal preferences (regarding politics/conservative vs progressive), religion (including how it impacts rulings which seem to perceive Separation of Church & State, women’s rights to choose, educational policies and directions, etc.), and rulings regarding voting rights and how to interpret Civil Rights protections, etc. When it has been reported that the wife of one senior SCOTUS was involved in the run-up, etc., to the events of January 6th 2021, and that Justice still wouldn’t recuse himself, it seems pretty clear unless/until stricter measures and enforcements and a well-considered Code of Ethics is beyond-necessary at this point! Since the US Founders seemed to believe a fair and independent Judiciary branch of government would serve as an essential and necessary component of our so-called checks-and-balances, we appear to be at a precarious-point where the USA and its 250-year old experiment in Constitutional democracy, may not persevere and persist into the future. With that in mind, this article will attempt to briefly consider, examine, review and discuss, how today’s SCOTUS seems to be failing in its apparent original role, and the potential ramifications, going-forward.

Chief Justice Roberts has often seemed to try to protect his reputation and legacy, while reports indicate on several occasions, especially behind-the-scenes, he also has a somewhat-extreme judicial philosophy! Currently, there are reports of several potential cases against this Chief Justice, including cases asking for his disbarment on charges including both ethical and integrity based matter, especially regarding what many consider his less-than-transparent, and far-less than fair and independent overuse of what is often referred to as the interim relief docket, emergency docket, or shadow docket, etc. Some claim SCOTUS is using this approach as a reaction to DC’s dysfunction, and claim the Supreme Court is merely issuing temporary, emergency rulings, to address so-called urgent needs, while the cases wind through the lower courts. On the other hand, many concerned about the apparent overuse of this approach, is merely a way the court can fundamentally tinker-with people’s rights under the law, with little briefing or in-depth considerations. Unlike the traditional “merits-based” cases. using emergency docket mechanisms, decisions are made without oral arguments, with abbreviated written briefings, and result in orders which are usually short, often unsigned, and with little to no details about the reasoning which is done with conventional rulings. Although these emergency orders are supposed to function as temporary relief in so-called extraordinary cases, in many cases, they end-up being the last word in some key disputes, especially ones with a timely action schedule. Proponents of using these emergency dockets state it is unfair for lower court judges to make decisions which bind so-broadly, but Kate Shaw, a professor at the Penn Carey Law School at UPenn, expressed her concerns, especially considering the actions and agendas of this current Presidential administration, “ Since Donald Trump took office for the second time, the Supreme Court’s work on the shadow docket has virtually eclipsed its work on the merits docket, if not yet in volume, then arguably in impact.”

During Trump’s first-term, he nominated three SCOTUS Justices, each of which was asked in their Senatorial nominating hearings/interviews about their positions and opinions regarding Roe v Wade. Each of these three claimed and stated their attitude was Roe was so-called stated-law, and they would consider it as such, in any case brought before them. While they didn’t directly say they would protect the Roe legislation, etc., when the Dodd case came before them, all three agreed to the 5–4 majority position which directly reversed most Roe protections, which created a situation where, for the first-time in US history, today’s generation of women have fewer rights than their mothers and grandmothers. Therefore, it shouldn’t be surprising so many Americans seem to have lost much of their confidence about SCOTUS protecting and preserving rights and privileges. When this is combined with President Trump’s constant negative narratives and statements about the Court, whenever he doesn’t get his way, and subsequently invited only the 6 far-right Justices to the King Charles reception (excluding the other 3 liberal Justices), it seems the line between the judiciary and the Executive Branch seems to be getting increasingly-blurred.

Is it a mere-coincidence that Justice Clarence Thomas’ wife has been implicated in the planning for January 6th, and then when Trump was returned to office, he pardoned all J-6 criminals? As NCIS’ Leroy Jethro Gibbs often stated, “I don’t believe in coincidence.”

In ruling after ruling, from those about gun regulations, to school prayer, to church involvement in politics, to the powers of the Executive Branch, etc., this SCOTUS has often seemed more like Trump’s puppet than a supreme court! How often have we heard several of these Justices refer to themselves as so-called Strict Constitutionalists when it serves their agendas, yet proceed with a considerably different perspective and/or justification when it does not?

From the time SCOTUS issued its controversial, unsupported opinion regarding the key, hanging chads, in the 2020 Bush/Gore election, to the many decisions since Trump stacked-the-court with his 3 nominees, the USA’s key protections from a true Balance of Powers, and the perception the judiciary would protect us, has been gradually being lost! Growing up, I believed SCOTUS Justices should be superior Constitutional scholars, and their interpretations would be based on legal principles (instead of political ones). In the past less-than-a decade, and before that, especially when you consider the ethical, integrity, and fairness challenges, especially exhibited by Roberts, Thomas, and Alito, our view on the entire concept of checks and balances has been altered severely!

Why is the Supreme Court the only court where there is no enforceable, applied Code of Ethics, for these 9 Justices, when in every other court, Judges are held to a clear, enforceable code? When we witness the current President seem as if he has been enabled because the Court has granted him questionable, extreme, near-total immunity, and he thus often seems to act as if he is entitled to proceed as if he is above-the-law! Most Americans for generations believed No one is above the law, but not any more! How could that possibly be good for the USA?

Democracy, especially this nation’s, is based on expectations that the law would fairly treat everyone mostly-equally! In our current Trump-dominant government, we are experiencing all three branches (Executive, Legislative and Judiciary) largely-controlled and dominated by the Party of Trump, and unfortunately, in many ways, many of these individuals seem to put some combination of their loyalty to Trump and/or fear of him, their personal/political agenda, and/or perceived self-interests ahead of the greater good, and loyalty to the USA’s democracy, and especially, the Constitution!

This untenable situation certainly has significant ramifications at-present, but if we let it proceed as-is, into the future, the American Dream and its 250 year experiment in our unique Constitutional democracy, risks being lost forever. While many dislike politics and politicians, and have cause, the reality is, now more than ever, we must proactively make meaningful changes for the better, and resist, persist, and follow the Golden Rule! Wake up America and Don’t be fooled again. It’s up to each of us!