The Judiciary is Lost; the Fight Now Moves to the Political Realm

Since Brown v. Board of Education and Hernandez v. Texas citizens disadvantaged by the fear, ignorance, bigotry, and racism of the ‘will of the majority’ have been able to seek relief in the Federal courts to have laws repugnant to the Constitution invalidated in recognition of the rights and protected liberties of those disadvantaged through force of law.

With the confirmation of Kavanaugh that era will come to an end; the right to marry, the right to vote, the right to privacy, and the right to due process of the law are now all in jeopardy, the consequence of a militant social conservative Supreme Court whose majority comprised of rightist ideologues will allow the states to ignore the rights of the people and codify that fear, ignorance, bigotry, and racism.

Now that the judicial process so compromised and corrupted we must move the fight from the courtroom to the ballot box, organize at the state and local level to put elected representatives in place who will acknowledge the rights and protected liberties of the people, and repeal laws and measures hostile to those rights.

This will not be easy to do; for 64 years we liberals have depended on the Constitution and its case law – and a judicial process that respected the Constitution and its case law – to strike down laws enacted by hateful, authoritarian conservatives seeking to compel women to give birth against their will or deny gay Americans their right to access marriage law.

And this will not happen quickly, it will likely take decades to accomplish; but there is no other recourse, we have no other choice but to work to restore our Constitutional Republic and the rule of law.