Has the Supreme Court noticed that we’ve crossed a legal Rubicon? The Constitution — that thing the Court is supposed to defend — is becoming less relevant by the day because the left has decided that our mutual pact of self-governance doesn’t apply to leftists. They have weaponized our government against us — using it to surveil, silence, harass, and steal from us. Our own government is even arguing that the Constitution should not be a constraint on its operations — which is precisely what its purpose is.
Are the Supreme Court Justices beginning to realize that we are in crisis? Two recent cases indicate that they are awakening to that reality.
In Fischer v. United States, the court is considering the validity of using a financial statute to charge January 6 trespassers with obstruction of an official proceeding. During questioning, Justice Gorsuch asked, “Would pulling a fire alarm before a vote qualify for 20 years in federal prison?” He was referring to Democrat Jamaal Bowman, who pulled a fire alarm to prevent a congressional vote yet was not charged with “obstructing an official proceeding.” That was Gorsuch’s way of asking if something other than party affiliation determines who will face the greater jeopardy of obstruction charges. It was a sarcastic illustration of the decidedly unequal system of justice the DoJ is currently practicing.
In Trump v. United States, the Court is considering whether Donald Trump has immunity for actions taken while he was president. The DoJ argued that the motive for presidential actions should determine whether immunity applies and that the discretion and good motivations of DoJ attorneys should be trusted to make that determination (try not to laugh). Justice Alito questioned the wisdom of that argument, asking if the DoJ should be trusted, “given its history of abusive partisan prosecution.” That is about as close as a Supreme Court justice will ever come to telling a government solicitor general that the latter has squandered his last ounce of credibility.
It appears that the Supreme Court justices are becoming aware that our justice system is now a tangle of broken constitutional promises and inconsistent legal decisions. But do they realize that they helped create this mess?
When pundits complained about inconsistent decisions from the courts, and the obvious political biases at play, Chief Justice Roberts responded,
We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.