Injustice For All

I strongly disagree with the people who call Justice Kennedy a Moderate, and I am not the only one voicing this objection. As Amelia Thompson Deveaux said:

“Although he was appointed by a Republican president, Kennedy earned a reputation as a moderate thanks to his willingness to join the court’s liberal wing in important rulings on gay rights, abortion, affirmative action and some criminal-justice issues...[But an] analysis of Kennedy’s voting record during his three decades on the court shows that he voted with the court’s right wing in the majority of cases — including controversial, closely decided cases — throughout his career. And although he was likelier to side with the liberals once he became the court’s swing vote, legal experts say that he occupied the ideological middle ground on relatively few issues.”

Indeed, as Steven Rosenfeld warned on June 24, 2013, “corporations are getting whatever they want.” And this was in no small part thanks to Justice Kennedy acting like one of the tools of the oligopoly by joining the so called “conservative” justices or injustices in decisions such as Citizens United! Now as if the stolen seat Gorsuch is squatting on is not bad enough, Kennedy has decided to give Donald Trump another Supreme Court appointment, but not before upholding Trump's latest Muslim ban. Atta boy Kennedy! Give 'em a head start on lamenting the loss of your moderation!

Giving Trump another Supreme Court appointment is bad news for any individual or entity legally defined as a person, unless that person's name ends with “Inc.” or that person is at least close to being included on Forbe's list of wealthiest people. According to the New Yorker the addition of another Trump appointee, vetted by the Federalist Society or some other right wing organization, means the court:

“... will overrule Roe v. Wade, allowing states to ban abortions and to criminally prosecute any physicians and nurses who perform them. It will allow shopkeepers, restaurateurs, and hotel owners to refuse service to gay customers on religious grounds. It will guarantee that fewer African-American and Latino students attend élite universities. It will approve laws designed to hinder voting rights. It will sanction execution by grotesque means. It will invoke the Second Amendment to prohibit states from engaging in gun control, including the regulation of machine guns and bump stocks.”

And, as the New Yorker points out, “these are just the issues that draw the most attention. In many respects, the most important right-wing agenda item for the judiciary is the undermining of the regulatory state.” And judging by Janus v. Afscme, in which “a 5–4 majority (including Kennedy) said that public employees who receive the benefits of union-negotiated contracts can excuse themselves from paying union dues” I am sure we can count on more decisions that are adverse to labor.

Any hope that Trump will appoint anyone who even resembles a moderate is delusional. He, Trump, is Putin's man, and kleptocracy is his plan! He is rapidly turning the swamp into a cesspool.