Last week, the Supreme Court eviscerated a woman’s right to abortion, undermined Miranda rights, expanded gun rights and allowed border patrol agents to operate with even further impunity. Today, it ruled that a former Washington state high school football coach can pray on the field immediately after games—regardless of the religious backgrounds of the students.
The mostly conservative justices are using the Constitution as a smoke screen for their rulings—which will continue to demolish even more human rights. The governing document was constructed during the Constitutional Convention that occurred in Philadelphia from May 5, 1787 to September 17, 1787.
The primary authors consisted of: John Adams, Thomas Paine, Thomas Jefferson, and James Madison. The last two men on that list owned slaves. How can this set of laws still guide a nation when it was concocted by white men who looked at Black people as property and not as human?
The fact that a Black man—Justice Clarence Thomas—is working to erode the rights of millions of people is more than ironic: it’s downright pathetic. In a concurring opinion Thomas wrote Friday, he claimed that the Supreme Court’s controversial June decisions aimed to weaken substantive due process which protects certain rights even if they’re not listed in the Constitution.
“As I have previously explained, ‘substantive due process’ is an oxymoron that ‘lack[s] any basis in the Constitution,’” he wrote. He also said that it’s “legal fiction” that is “particularly dangerous.” Even more ironically, how is it up to the states to decide a woman’s right to abortion yet not interfere with a person’s right to carry a concealed firearm?
In Justice Samuel Alito’s concurrence, he stated:
“Does the dissent think that laws like New York’s prevent or deter such atrocities? How does the dissent account for the fact that one of the mass shootings near the top of its list took place in Buffalo? The New York law at issue in this case obviously did not stop the perpetrator.”
Does Alito realize that by that line of reasoning, abortion laws won’t stop abortions from happening?
Seven of the nine Supreme Court justices were put there by presidents from a party who haven’t won a popular vote more than once in three decades. Shouldn’t the Twelfth Amendment, which established the electoral college, be revisited?
The Fifteenth Amendment gave Black people the right to vote. However, last year nineteen states passed laws that restricted access to voting. The Thirteenth Amendment outlawed slavery and involuntary servitude, but America’s mass incarceration problem proves this as untrue.
Why isn’t the Supreme Court clamoring to restore these rights or rectify systems that fail the people?
It’s clear that the right will continue to twist and contort anything they can to carry out their agenda—an agenda that has and will always harm this country’s most marginalized and vulnerable populations. And honestly, the Constitution will always be a hell of an excuse to oppress Black folks on behalf of white supremacy.