In an ironic miscalculation, Supreme Court justices referenced ‘nitrous oxide’ – otherwise known as laughing gas, instead of ‘nitrogen oxides’, several times during their latest ruling. This error, peppered throughout their prohibition on the Biden administration’s procedure to curb ozone pollution, was not corrected for several hours after publication online. This humorous incident, however, only scratches the surface of the larger problems afoot.
The following day, the Supreme Court subsequently overturned a crucial administrative law principle, “Chevron deference”. This legal precedent had previously allowed federal agencies interpret and implement statutes with the understanding that federal courts would yield to their reasonable interpretations of vague laws. Now, this responsibility falls squarely on the shoulders of judges, highlighting a concerning shift in the US judicial system.
This move paints a depressingly accurate picture of the Supreme Court. Essentially, the court is an extremely powerful, undemocratic institution that is not only an ironic joke, but also significantly corrupt. As Justice Elena Kagan highlighted in her opposition, “The majority disdains restraint, and grasps for power,” accusing the justices of “making a laughing-stock” of long-standing judicial concepts.
The public seems to have sensed this shift as well, with a recent Associated Press survey revealing that 70% of Americans believe that Supreme Court justices are more interested in shaping the law to reflect their individual ideologies, rather than maintaining fairness and impartiality. Only 28 percent entrust the court to remain just and unbiased. Even a majority of Republicans, the party responsible for controlling the Supreme Court, believe justices’ decisions are guided by their personal ideology.
Some of the court’s decisions this term and in recent years have an unfunny comedic element to them. There is the aforementioned comical error in the Ohio v. Environmental Protection Agency decision that startlingly belittles the alarming reality of environmental pollution. There’s the court’s decision to override its landmark Chevron decision – a major objective of the conservative legal operation in recent years.
Juxtaposing these apparently farcical decisions, the court also sanctioned Americans to append “bump stocks” to their semi-automatic rifles to increase their firing speed. The ruling states that these accessories aren’t subjected to the federal ban on fully automatic weapons. This is an extremely dangerous judgment, with potential disastrous effects for urban areas across the country.
Perhaps one of the most egregious decisions was the legal endorsement of a $13,000 payment to an Indiana mayor from a garbage truck company who was granted a government contract. While Justice Brett Kavanaugh seeks to trivialize this issue by citing examples involving gift cards and end-of-term celebrations, the corruption statute never intended these ‘gifts’ to be covered. Justice Ketanji Brown Jackson thus summarizes this in her dissent claiming, “The corruption statute was not designed to apply to teachers accepting fruit baskets, soccer coaches getting gift cards, or newspaper delivery guys who get a tip at Christmas.”
The court is yet to release its verdict on former President Donald Trump’s claims for a broad, perpetual shield from prosecution. The acceptance of this case by the court has put Trump’s federal election subversion trial on hold, ensuring it will not occur before the election.
The Supreme Court’s increasingly comedic actions and overt ideological leanings are part of a broader pattern – the court using dubious cases to impose its ideological blueprint. It may seem like a joke, but this is the highest Court in the land. Unfortunately, the joke is on the Americans and it’s anything but funny.
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