By Mildred Robertson
The Supreme Court is rushing toward
its final days in this term, with much left to be decided. With little more than a week to go, several
high-profile cases remain to be heard, including cases that could reshape our
nation’s laws ranging from gun control and abortion rights to social media
issues. The Court actually upheld a law that bars domestic abusers
from possessing firearms…a rare victory for gun control advocates, but
short-lived, as the Court also ruled that a bump stock does not make an AR a
machine gun, even though it can discharge as many rounds as one.
A Court that boasts
a 6-3 conservative majority has yet to issue rulings on the abortion pill and some
gun rights issues. Of course, the most high-profile case coming before them is
the Donald Trump immunity case, where Trump argues that former presidents are
immune from prosecution for official acts they took in office. They also are
considering the indictment he faces on charges of election interference. He
argues that the previous rule held that former presidents can’t be sued in
civil cases for what they did in office. But the Court has yet to weigh in on criminal
immunity. He hopes that the Court will give him a get-out-of-jail-free card. By
taking on this case, the Court gave Trump a win by making it next to impossible
for the case to be brought against him before the election, even if they ruled that
he is not immune from prosecution.
The Court has yet to
decide on whether hundreds of insurrectionists who violently attacked the U.S.
Capitol on Jan. 6, 2021, should be prosecuted and jailed for obstruction
charges related to their attempt to stop the certification of Joe Biden as the duly
elected President in the 2020 election. That is a charge also faced by Trump for
obstructing an official proceeding. The Court’s decision could invalidate more
than 330 January 6 prosecutions…including Trump’s.
An example of the type
of accused insurrectionist who might be cleared is Joseph Fischer who texted
his boss before the January 6th insurrection to tell him that he
might need to post bail. He allegedly
warned that the protest at the US Capitol “might get violent.” It is also
alleged that he said, “they should storm the capital and drag all the democrats
[sic] into the street and have a mob
trial.”
According to the
Justice Department, it was Fischer who allegedly yelled “charge,” on the day of
the insurrection before running and crashing into a line of police inside the
Capitol. Video footage cited by the Justice Department shows at least one officer
on the ground following Fischer’s assault, after which he was
forcibly removed. The FBI identified Fischer based on a Facebook post that he posted
showing him inside the Capitol on January 6.
Fischer has yet to be
tried because the criminal proceeding has been tied up in appeals after a
Trump-appointed trial judge ruled that one of the criminal laws with which he
is charged must be narrowly interrupted. The case,
Fischer v. United States, is now being reviewed by the Supreme Court. The
statute says that anyone who obstructs, influences, or impedes any official proceeding
or attempts to do so commits a serious federal crime and can be imprisoned for up
to 20 years. The Justice Department has charged approximately 330 January
6 defendants with violating this statute during the insurrection. Among the accused…Donald J. Trump.
While the Court considers
issues such as abortion rights, guns, homelessness, and environmental issues, scandal
looms over two of the Court's conservative majority members. Supreme Court
Justice Samuel Alito was caught on tape stating that he questioned whether a
compromise between the left and the right is possible. According to audio
posted by liberal filmmaker Lauren Windsor, Alito said “One side or the other
is going to win…there are differences on fundamental things that really can’t
be compromised.” This leads us to wonder whether Justice Alito can make an unbiased
decision in any controversial case. This issue is magnified when you see Alito
entangled in a community controversy over flying the American flag upside down above
at least two of his residences. Flying the flag in that manner is both disrespectful
and an indication of allegiance to the insurrectionists.
Then, there’s Clarence
Thomas who has received financial perks from billionaire Harlan Crow that he
failed to declare publicly. Now, he acknowledges he should have disclosed the
free trips. He amended his financial disclosure for 2019 stating that he “inadvertently
omitted” the trips on previous reports.
While the Court labors
under a cloud of suspicion regarding its integrity and which cases it took up
and why; America’s future hangs in the balance. This nation stands on the
precipice of disaster if the Supreme Court does not show the same kind of
strength and integrity we have witnessed across this nation, as state courts
held rioters, insurrectionists, rebels, and even would-be kings responsible for
their actions.
It is my prayer that
the Court holds the line and protects democracy. If it does not…YOU are the
last line of defense.
You must vote for this
country’s future. You must support the candidates who put country before party,
who put citizens above businesses, and who put freedom and justice above anarchy.
It is up to you…because
NO ONE IS COMING TO SAVE US.
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