Judicial Review

Juneteenth is the oldest nationally celebrated commemoration of the ending of slavery in the United States. From its Galveston, Texas, origin in 1865, the observance of June 19th as the African American Emancipation Day has spread across the United States and beyond.

Juneteenth commemorates African American freedom and emphasizes education and achievement. It is a day, a week, and in some areas, a month marked with celebrations, guest speakers, picnics and family gatherings. It is a time for reflection and rejoicing, a time for assessment, self-improvement, and for planning the future. Its growing popularity signifies a level of maturity and dignity in America long overdue. In cities across the country, people of all races, nationalities and religions are joining hands to truthfully acknowledge a period in our history that shaped and continues to influence our society.

Yet it must also be a time of self-reflection and social responsibility.

Remember the story in the Book of Exodus? Time and again, despite disasters and disease, Pharaoh refused to “let my people go!” The Israelites were seeking more than liberty and freedom; they were clamoring for freedom from bondage.

In the wake of the nationwide protests against police brutality in 2020, the push for federal recognition of Juneteenth gained new momentum, and Congress quickly pushed through legislation in. On June 17, 2021, President Biden signed the bill into law, making Juneteenth the 11th holiday recognized by the federal government.

While celebrations in 2020 and 2021 were largely subdued by fear of contagion of the coronavirus pandemic, this year Juneteenth was observed by nationwide celebrations.

Could we do any less to honor the lives of George Floyd, Rodney King, Breonna Taylor, Ahmaud Arbery, Eric Garner, Michael Brown, Tamir Rice, Freddie Gray, Sandra Bland, Philandro Castle, and others? All African Americans offed by white police officers. Let’s not forget others, like Trayvon Martin, murdered by self-appointed racist vigilantes. Each was a human whose life was taken prematurely and unjustly by powerful foes and opportunists.

But, behind the scenes, a group of powerful people plotted to keep black and brown skinned people — mainly the poor and the marginalized in conservative, duplicitous states — the freedom from bondage they had suffered and worked so hard to achieve.

While Americans of color celebrated Juneteenth, the US Supreme Court handed down a bevy of decisions that will affect Americans across the country. But mostly black and brown Americans who, historically, have been the subjects of hatred, prejudice, social injustice, and inequality because certain people need to feel superior and deny the rights promised to all U.S. citizens by the country’s Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

That’s never been the case for the poor and the marginalized, no matter how indigent they may be, as declared by the “justices” of the Supreme Court.

Recent rulings from the nation’s highest court range from topics such as gun rights to Miranda rights. The most notable ruling overturned Roe v. Wade and upended constitutional protections on abortion. In a 5-4 ruling, the Supreme Court, struck down the landmark 1973 Roe v. Wade decision that federally protected a woman’s right to have an abortion. The court’s ruling leaves abortion rights to be determined at the state level. Several GOP-led states moved immediately to enact statewide bans.

Guess which states and their demographics?

“Pro-life politics in the United States used to be mostly posturing and positioning, the taking of extreme rhetorical positions at no real-world cost,” writes David Frum in The Atlantic. “Republicans in red states could enact bills that burdened women who sought abortions, knowing that many voters shrugged off these statutes and counted on the courts to protect women’s rights. Now the highest court has abdicated its protective role, and those voters will have to either submit to their legislature’s burdens or replace the legislators.”

Comparing the history, sociology, and politics of Roe v. Wade to Prohibition in this country, Frum reflects that, “many of the men and women poised to cast Republican ballots in 2022 and 2024 to protest inflation and COVID-19 school closures may be surprised to discover that anti-abortion laws they had assumed were intended only to prohibit others also apply to them. They may be surprised to discover that they could unwittingly put out of business in vitro–fertilization clinics, because in vitro fertilization can involve intentionally destroying fertilized embryos. They may be surprised to discover that a miscarriage can lead to a police investigation. They may be surprised that their employer could face retaliation from lawmakers if it covers the costs of traveling out of state for an abortion. The concept of fetal personhood could, if made axiomatic, impose all kinds of government-enforced limits and restrictions on pregnant women.”

Frum’s conclusions, however, apply to rich, white, mainly Republican women.

I’m talking about the discrimination, harm, and deaths that surely will be borne by others. Because, at the same time people were commemorating Juneteenth, the US Supreme Court was adding insult to injury for them …

By hook or by crook, on TV and in the movies, almost all Americans have heard of the Miranda Rule. The Supreme Court now ruled that suspects may not sue officers who fail to inform them of their right to remain silent or to have a lawyer present. That means the failure to administer the warning will not expose a law enforcement officer to potential damages in a civil lawsuit. It will not affect, however, the exclusion of such evidence at a criminal trial.

Given the preponderance of media coverage focused on Roe v. Wade, you needed to Google this and other rulings made by SCOTUS before adjourning.

The Supreme Court also struck down a New York gun law enacted more than a century ago that placed restrictions on carrying a concealed handgun outside the home. Believe it or not, the Second Amendment refers to state militias–no longer active because we now have the National Guard, US Army, Navy, Marines, Airforce, and Coast Guard. The New York law in question was written when every male citizen was subject to being called into a militia and required to provide his own firearms, which otherwise must be kept inside his home. Justice Clarence Thomas wrote in his 6-3 majority opinion that the Constitution protects the right to carry a gun outside the home. His opinion changes the framework that lower courts will use going forward as they analyze other gun restrictions, such as weapons bans in California or the gun safety bill President Joe Biden signed into law after approval by both political parties and both houses of Congress.

Republican leaders of the North Carolina legislature could step in to defend the state’s voter ID law, even though the state’s attorney general, a Democrat, is already doing so, decreed the Supreme Court. The opinion will make it easier for other state officials to intervene (in some instances) in lawsuits when the state government is divided.

The Supreme Court also said that Maine cannot exclude religious schools from a tuition assistance program that allows parents to use vouchers to send their children either to public or private schools. The 6-3 ruling is the latest move by the conservative court to expand religious rights and bring more religion into public life, a trend bolstered by the addition to the bench of three of former President Donald Trump‘s nominees.

Remember: Current U.S. Attorney General Merrick Garland was denied even a hearing by Mitch McConnell and Senate Republicans when nominated to the bench by Barack Obama. Yet two U.S. presidents who lost the popular vote in recent elections — Donald Trump and George W. Bush — were responsible for loading the Court with four of its nine justices.

With their lifetime “super majority” on the bench , we now welcome to their club the Supreme Court of the United States and its (inj)ustice system.

Except for the utterly transparent and crystal clear plotting of former president Donald Trump exposed in minute detail by the Select Committee, the new normal has abdicated reality in favor of lies and deception spread by the executive and legislative branches of government.

It’s time to include the Supreme Court in their political posturing and pressure campaigns.

Justice Ruth Bader Ginsburg is probably rolling over in her grave.

Bruce Joffe is publisher and creative director of Portugal Living Magazine. You are invited to read our current and past issues on this page of its website. For those who prefer the feel of paper pages, paperback editions of the magazine are available at all Amazon sites.

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