The Cultural Bias of the Supreme Court
by James A. Bridge
Bias always brings a backlash.
Bias against Italian immigrants to the United States helped bring mafia clout to a high water mark in the early to mid 1900s..
Bias against Blacks led to political movements that upset the status quo in America, from the 1950s through the 1970s, even, Eric Holder and Barack Hussein Obama would say, to the present day.
Well worth discussing today is the possible cultural bias of minority culture values from the Supreme Court bench.
There is something that is plainly true in American politics today: the self-proclaimed "ruling class" is biased against the majority culture's norms in America, no branch more so than the judiciary.
And there is going to be a backlash in November 2012 like this country has NEVER before seen.
No Fly-Over Zone in Judiciary?
The broad American middle, termed "fly-over country" by urban coastal culture snobs and media/entertainment gatekeepers, is up in arms about the course of American legislation and judicial review that has greatly undermined the rights of State governments and of the Individual. Have you heard of the Tea Party?
In the Aftermath of Supreme Court rulings on such cases as Kennedy v. Louisiana 554 U.S.2008 , Arizona et. al. v. U.S. 2012, and the ObamaCARE National Federation of Independent Businesses et. al. v. Sibelius 2012, many Americans are wondering, "Where the hell is my protection against government?"
In Kennedy v. Louisiana, that state's death penalty for child rapists was struck down as "cruel and unusual." WHAT? A man raping a child, and thereby destroying a childhood, that person would suffer unusual cruelty in being put to death? Opinion polls in America would NOT reflect that view. Every scholar knows that our Constitution expressly gives the right to set punishments to the state governments.
But our Supreme Court says no, you have to take a life to lose a life, says constant statist Anthony Kennedy in his majority opinion, a doctrine that is written NOWHERE in our Constitution. ( Is spying punishable by death? YES. Hmm. Not if it gets to the Supreme Court.)
In Arizona, Justice Anthony Kennedy writing for the majority, asserts that "illegal aliens" may not even be ARRESTED for being illegal aliens, per se! SAY WHAT again? Read the June 25, 2012 opinions. You won't believe it.
In ObamaCARE, can it be that a Chief Justice Roberts might glibly assert that the national government has the right to intrude itself into your doctor's examination room, to terminate care to your Grandma, and to tax you for something you don't have?
So it happened on June 28th, 2012.
What the hell is going on here, you might fairly wonder.
Harvard Grads Dominate Court
Some Supreme Court facts: SIX of NINE attended or graduated from Harvard Law: Scalia, Kennedy, Ginsburg, Breyer, Roberts and Kagan; THREE graduated from Yale Law: Thomas, Sotomayor, and Alito. That's it? No one is fit to parse court rulings but scions of the Ivy League? That's interesting to ponder. For good, or for bad? Who can say?
How about states? Four New Yorkers: Kagan, Sotomayor, Roberts, and Ginsburg. New York is not known for Conservative values; California: Kennedy and Breyer. New Jersey, two: Scalia and Alito. Now, while Salia and Alito are both bona fide Conservative Constitutionalists, let's face it: Where is the rest of America? Clarence Thomas is from Georgia - the lone not-so-lib state.
Bottom line here is that the religious affiliation of most Americans is Protestant, and the political leaning of the class is Conservative. This is the broad American middle, and that class of American isn't here represented. Seventy 70% + of our population is NOT represented on the bench of the nation's highest court.
Two-thirds of our Supreme Court are Roman Catholic; and one third, Jewish. Catholics make up 26% of Americans, and Jews, 2%. Even though Catholics poll very close to the rest of Americans on average, their voice is almost FOUR times louder at the Supreme Court level, and the Court's Jewish contingent has FIFTEEN times the clout American Jewish voters have.
No Supreme Court Protestant Voice
A Pew forum poll shows that Catholics overwhelmingly describe themselves as Moderate (39%) and Liberal (19%), or more than half. Our Supreme Court is roughly that, particularly with the recent court machinations of Chief Justice John Woolsey - pardon, John Roberts. Ginsberg, Breyer and Kagan? Well, the (excellent} web resource Jewish Virtually Library finds that Jews label themselves as Democrat or Liberal by about 68%. Heck, 77% went for Obama in 2008, according to the Daily Beast!
What that means is that in a nation where the majority culture where 65+ percent of the people are opposed to big government policy, support states' rights and throwing illegal aliens out of our country, it's Supreme Court is skewed to the opposite side, from between 54% to 66%.
Can you really then debunk the cultural bias of these jurists?
Now, let's look who put them there: Our past presidents, and legislature, have not found ONE American Protestant - forget skin color - not one Protestant who could have been deemed fit to serve on our Supreme Court.
Not one. That fact is a PROBLEM.
Protestants deserve the same proportionate voice in government as any other segment. The Supreme Court, as constituted today, is woefully unbalanced as to representation by religious faith.
Perhaps the High Court's decisions over the last several decades are resultant of that disparity.
We think it is well worth a look, and well worth discussing.
image above thanks to ExposeObama.com