That’s what I’m going to call the new iteration of the Supreme Court with Gorsuch on it and I encourage all to do so. Those citizens still participating in the ‘Marketplace of Ideas’ need to publicly rebuke this Court. It’s legitimacy needs to be undermined for the good of the nation. Future rulings against individuals and for corporations or against any progressive issue under consideration from this right wing Court must be decried as coming from a Supremely Illegitimate Court.
The Republican controlled Senate violated their constitutional oath when their failed their duty of advice and consent on the last Supreme Court nomination of President Obama. As Senator Merkley has said, ‘They stole the seat.’
Gorsuch was nominated by a Joke of a President who is in the office only because of Russian intervention in our election. The Joke of a President chose Gorsch from a list of candidates provided by the extremist Heritage Foundation. No one extremist group should hold sway over who is nominated to the Court.
Now the Republican controlled Senate has stripped the minority of its right to filibuster, so Gorsuch gets his lifetime appointment thanks to the phoney legitimacy of the President and the Republican Senate. Political legitimacy ain’t what it use to be in the American Republic. The rule of law under the Constitution is severely damaged by the actions leading to this appointment and most probably by future decisions from Gorsuch.
The legitimacy of the Supreme Court has been eroding for decades. Over that time period conservative court rulings have eroded the rights of the individuals guaranteed in the Bill of Rights. Big corporations and big government more often than not win over individuals in cases brought before the Court.
A Republican Court installed George W. Bush as President in a 5-4 vote. Dissenting in that case moderate Republican Justice John Paul Stevens wrote, “One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's presidential election (2000), the identity of the loser is perfectly clear. It is the nation's confidence in the judge as an impartial guardian of the rule of law.”
From that decision to insert Bush as president came two conservative Court nominations Roberts and Alito. Imagine if Al Gore had picked two people to the Court? In his nomination hearing John Roberts perjured himself when he compared himself in his opening statement to an umpire, “I will remember that it's my job to call balls and strikes and not to pitch or bat.” Once one the Court he took a bat to campaign finance laws a century old when he was in the majority in the Citizens United case.
Since that ruling, unlimited amounts of money have flooded into political elections allowing, (as Teddy Roosevelt said) “the malefactors of great wealth,” to buy elections so bought off politicians can do their bidding and install a right wing extremist like Neil Gorsuch on the Supremely Illegitimate Court. Expect decades of rulings that will threaten to destroy the foundation of the American Republic. Can the Republic survive a Supremely Illegitimate Court?