As D-Day is June 6 of each year, maybe from now on June 26-27 will be known as the C-Days for these were the days that the Supreme Court announced two of this year’s decisions in favor of conservatives – much to the dismay of the Democrats.
First, in a 5-4 decision the Court ruled in favor of the President in Trump vs. Hawaii.
Here Chief Justice John Roberts wrote for the majority that admission and exclusion of foreign nationals is a “fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control,” quoting from an earlier case, and that the president has extraordinarily broad discretion under 8 U.S.C. § 1182(f) to exclude aliens when he believes doing so is in the nation’s interests.
Even though Democratic President Jimmy Carter did a similar thing in 1980, the Democrats cried foul. Were they impugning the integrity of Chief Justice Roberts? As I recall it was Justice Roberts who cast the deciding vote on the legality of Obamacare. In that case he sided with the more liberal justices in a 5-4 decision. Can anybody recall when Justice Ginsberg sided with the four conservative Justices in a 5-4 decision?
Second, the Court dealt a severe blow to the labor unions, ruling that public employees cannot be forced to pay dues or fees to support their unions in a 5-4 vote. The Court ruled that the First Amendment protects these employees from being forced to support a group whose views are different from theirs. Justice Alito wrote for the majority, which based its ruling on the First Amendment, saying that requiring payments to unions that negotiate with the government forces workers to endorse political messages that they do not agree with. The Democrats cried foul with some calling the ruling an attack on workers and their communities! (That is an interesting take as the ruling appears to be exactly the opposite, i.e. something in favor of workers!) What’s astonishing is the Justice Kagan in her dissent stated the majority of the court “ is weaponizing the First Amendment”! Excuse me, but isn’t it the role of the court to preserve and stand behind the First Amendment?
And in that same week, if things weren’t bad enough for the Democrats, Justice Kennedy announced that he is retiring from the Supreme Court. Fasten your seat belts, as President Trump will nominate his second Supreme Court Justice on Monday, July 9th!
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