The Greatest Threat to America

They have caused disruption to and destroyed American democracy and our fundamental freedoms more than any terrorist group in the world.

They have sanctioned the murders of more Americans than any terrorist group in the world.

They punish the innocent, but take extraordinary measures to protect the guilty.

They operate in shadowy black disguises.

They are known to the FBI, the CIA, the NSA and the Department of Homeland Security, yet none of these agencies have made the slightest effort to stop them.

They are Antonin Scalia, John Roberts, Anthony Kennedy, Samuel Alito and Clarence Thomas, who currently comprise the “conservative” majority on the United States Supreme Court.

Before readers dismiss these opening paragraphs as mere hyperbole, they should examine some of the Supreme Court’s more egregious rulings.

This court endorsed the random drug testing of public school students who are not even suspected of abusing drugs, which means that thousands of innocent children across America are dragged from their classrooms everyday, ordered to reveal personal medical information, and forced to urinate as strangers listen to them doing so—intrusions into personal dignity and privacy that Scalia has described as “minimal.”

In addition, people arrested for certain crimes can be compelled to provide a sample of their DNA to government authorities, even though they have not been tried or convicted. Yet, in the case of District Attorney’s Office v. Osborne, the Supreme Court ruled that persons convicted of crimes have “no constitutional right to obtain post conviction access to the State’s evidence for DNA testing,” even though that testing could establish their innocence.

In other words, a system that claims people are “innocent until proven guilty” now requires people to provide DNA and/or other bodily fluids to prove their innocence, yet does not require the government to provide DNA evidence that could exonerate a wrongfully convicted person, even though a wrongful conviction means that the real perpetrator is free and potentially committing more crimes.

This is “judicial hypocrisy” and it’s tragic that karma isn’t more rapid and righteous, because nothing would be more beneficial than seeing Scalia, Roberts, Kennedy, Alito and Thomas entombed in the worst of America’s prisons, begging their attorneys to obtain the DNA evidence that could free them, only to be told that the “State” has refused to provide it.

The racism of the Supreme Court has been apparent throughout its history, from the now infamous Dred Scott decision, which threatened to expand slavery throughout the United States, to Plessy v. Ferguson, which gave constitutional blessing to the segregationist doctrine of “separate but equal.” And Scalia, Roberts, Kennedy, Alito and Thomas have continued this shameful tradition, in the cases of Parents Involved in Community Schools v. Seattle and Meredith v. Jefferson County Board of Education, by endorsing the racial re-segregation of public schools. And, in an act of judicial callousness that insulted the memory of those who struggled and died during America’s civil rights movement, some of these so-called “justices” even defended their “racist opinion” by citing Brown v. Topeka, the landmark 1954 case that endorsed the desegregation of public schools.

Also, by upholding racial segregation in Plessy, the court essentially declared that African-Americans were second-class citizens. What followed from 1896, when Plessy was decided, until the civil rights era of the 1960s was a sordid history of lynching, beatings and other injustices directed primarily against African-Americans, as well as the denial of their most fundamental rights, including the right to vote, which supposedly had been guaranteed with the passage of the Fifteenth Amendment in 1870.

In Employment Division v. Smith freedom of religion came under attack when the court ruled that the government no longer had to prove it had a “compelling reason” to interfere with one’s religious practices. When the United States Congress attempted to restore this “compelling reason” requirement via the Religious Freedom Restoration Act (RFRA), the court voided much of it on the grounds that Congress had exceeded its authority.

Three current members of the court - Scalia, Kennedy and Thomas - and two former members - O’Conner and Rehnquist - bloodied their hands, and (if there is such a thing as justice) damned themselves for all time, when they supported the coup of 2000 in the case of Bush v. Gore. Thanks to this corrupt decision, which illegally placed a sadistic, inept, venal and mendacious cabal of war criminals in the White House, thousands of Americans, and tens of thousands of Iraqis, have died in a war that was based upon nothing but lies. And in violation of UN resolution 1441, which DID not authorize war with Iraq.

But Scalia, Kennedy and Thomas were not satisfied with the partial destruction of democracy wrought by Bush v. Gore, particularly since democracy appeared to be restored during the 2008 presidential election. So, joining with Alito and Roberts, they decided to destroy it completely, along with most of the Bill of Rights, in the recent case of Citizens United v. Federal Election Commission by striking down laws that once limited the amount of money corporations could contribute to political campaigns.

Now corporations are free to buy and sell politicians like trading cards, and, since they control the bulk of the “mainstream” media, they can also ensure that any political messages contrary to theirs are unheard.

In other words, freedom now only belongs to those wealthy enough to afford it. This imposing body has determined that corporations were equal to natural citizens, and are entitled to the protections of the Bill of Rights. Overruling centuries of good law.

Although the Citizens United ruling is deplorable and deserving of contempt, it is not surprising. The unified Republican opposition to health care reform has already demonstrated how the bulk of America’s politicians are controlled by special interest groups. The fact that many Democrats refused to endorse any health care reform proposal that included a “public option” for people unable to purchase health insurance in the private sector further illustrates how corporate influence has already transcended party lines.

What Scalia, Roberts, Kennedy, Alito and Thomas undoubtedly hope to accomplish by Citizens United is to purge the few politicians actually devoted to serving the public interest. Now these politicians will either succumb to the whims of their corporate masters, or find limitless amounts of money being provided to their political opponents.

In a nation of millions, it seems almost obscene that five biased, bigoted, corrupt, unethical and agenda driven individuals in black robes can destroy an entire system of government. And it is certainly contrary to what the Supreme Court was intended to be.

When the federal court system was created, a debate ensued over whether federal judges should be elected or appointed. It was ultimately decided that they would be appointed to lifetime tenures, removable only through death, retirement or impeachment. The hope was that federal judges would be immune from political party influences, act in accordance with the law, and protect the rights of racial, religious and political minorities, since they did not have to raise money in election campaigns or appease the majority in order to win the popular vote.

Unfortunately this hope was quixotic. The five so-called “justices” who weakened democracy in Bush v. Gore, and the five who destroyed it in Citizens United were all appointed by Republican presidents. In fact, Bush’s vice-president Dick Cheney was even Scalia’s “hunting buddy.” So it was not surprising when they ignored legal precedent and common sense to ensure that corporate rights and profits supplanted individual rights and needs.

Even conservative columnist David Broder acknowledged that the Citizens United ruling “extended itself far beyond what was necessary” and “may well be the best news Republicans have received since the 2000 ruling in Bush v. Gore.”

In law schools throughout America, Supreme Court opinions are dissected and analyzed as though they were commandments from Mount Sinai.

Attorneys, after all, are supposed to deal in facts, not in suppositions. But, given the cases I have cited in this article, the harm they have caused, and the harm they will cause, I believe there is enough evidence to conclude that Scalia, Roberts, Kennedy, Alito and Thomas are perhaps the most dangerous, despicable, conscienceless and evil individuals to ever disgrace the United States Supreme Court, and the biggest threat to democracy and the Bill of Rights in the history of the United States.

James Madison, one of America’s founding fathers, once said, “We are free today substantially, but the day will come when our Republic will be an impossibility . . . because wealth will be concentrated in the hands of a few. And when the day comes, when the wealth of the nation will be in the hands of the few, then we must rely on the best elements in the country to readjust the laws of the nation to the changed conditions.”

Some of the best elements in America did try to readjust the laws to minimize the potential for corporations to use their vast financial resources to purchase political influence. Unfortunately five of the worst elements in America - Scalia, Roberts, Kennedy, Alito and Thomas—have ensured (with apologies to Abraham Lincoln) that the government of the corporations, by the corporations, and for the corporations will cause the government of the people, by the people and for the people to perish from the earth.

This article was in part borrowed from an article by David R. Hoffman, an attorney and with which this author fully agrees.

American’s have lost those rights intended by and incorporated in our Constitution, exemplifying the basic traditions of our republic. We have lost those rights not by accident, but by design of evil men, and a court system that has floundered in inadequacy. The US Supreme court is an antiquated concept, controlled by politicians, who bestow the favors of unbridled terms of office to secure that which they support.