John Whitehead saves SLL the trouble of writing about the Supreme Court selection process after the death of Justice Scalia. Constitutional jurisprudence that’s actually based on the Constitution was dealt a mortal blow during FDR’s tenure and has long since expired. Depressingly, Whitehead argues that the next justice, whether he or she is appointed by a Republican or Democrat, will be a statist apparatchik. He will undoubtedly be proved correct. From Whitehead on a guest post at theburningplatform.com:
The untimely death of Supreme Court Justice Antonin Scalia has predictably created a political firestorm over who gets to appoint the next U.S. Supreme Court justice, when, how, and where any judicial nominee will stand on the hot-button political issues of our day (same-sex marriage, Obamacare, immigration, the environment, and abortion).
This is yet another spectacle, not unlike the carnival-like antics of the presidential candidates, to create division, dissension and discord and distract the populace from the nation’s steady march towards totalitarianism.
Not to worry. This is a done deal. There are no surprises awaiting us.
The powers-that-be have already rigged the system.
They—the corporations, the military industrial complex, the surveillance state, the monied elite, etc.—will not allow anyone to be appointed to the Supreme Court who will dial back the police state. They will not tolerate anyone who will undermine their policies, threaten their profit margins, or overturn their apple cart.
Scalia’s replacement will be safe (i.e., palatable enough to withstand Congress’ partisan wrangling), reliable and most important of all, an extension of the American police state.
With the old order dying off or advancing into old age rapidly, we’ve arrived at a pivotal point in the makeup of the Supreme Court. With every vacant seat on the Court and in key judgeships around the country, we are witnessing a transformation of the courts into pallid, legalistic bureaucracies governed by a new breed of judges who have been careful to refrain from saying, doing or writing anything that might compromise their future ambitions.
Today, the judges most likely to get appointed today are well-heeled, well-educated (all of them attended either Yale or Harvard law schools) blank slates who have traveled a well-worn path from an elite law school to a prestigious judicial clerkship and then a pivotal federal judgeship.
In other words, it really doesn’t matter whether a Republican or Democratic president appoints the next Supreme Court justice, because they will all look alike (in terms of their educational and professional background) and sound alike (they are primarily advocates for the government).
Given the turbulence of our age, with its police overreach, military training drills on American soil, domestic surveillance, SWAT team raids, asset forfeiture, wrongful convictions, and corporate corruption, the need for a guardian of the people’s rights has never been greater.
Unfortunately, as I document in Battlefield America: The War on the American People, what we have been saddled with instead are government courts dominated by technicians and statists who march in lockstep with the American police state.
This is true at all levels of the judiciary.
To continue reading: The People vs. the Police State: The Struggle for Justice in the Supreme Court