Here come the Judge
I have an important question for you today. What is the primary purpose of the Supreme Court? Here is the answer according to the founding fathers of our country. As the final arbiter of the law, the Court ensures the American people equal justice under law and, thereby, functions as caretaker and interpreter of the Constitution.
As a result, the chief justice, John G. Roberts, Jr. (appointed by George W. Bush), and his associate justices; Clarence Thomas (appointed by George W. Bush), Stephen G. Breyer (appointed by Bill Clinton), Samuel A. Alito (appointed by George H. W. Bush), Jr., Sonia Sotomayor (appointed by Barack Obama), Elena Kagan (appointed by Barack Obama), Neil M. Gorsuch, Brett M. Kavanaugh, and Amy Coney Barrett (the last three appointments are by Donald Trump) can interpret all cases and controversies arising under the Constitution or the laws of the United States. Their collective ruling is final; only impeachment can remove the lifetime appointment to the Supreme Court.
Over the past weeks, we have seen the Supreme Court ruling in ways we have not seen in decades. It got me thinking about the justice system in our country and why Americans fought for freedom back in 1776.
Separation from Church and State
The foundation of the declaration of independence and the United States was to separate from Great Britain and religious persecution. Furthermore, the Constitution defines the framework of the United States Federal Government.
For instance, the Bill of Rights is the first ten amendments to the Constitution. It represents citizens' and states' rights concerning the Government.
Law & Order
I've stated this before; I didn't pay attention in my high school civics class because I thought it was boring. I'm starting to see that it may have been uninteresting to the majority of this country. As a result, we now know the true power of the judicial branch of Government in action. As we approach the celebration of our country's independence, I want to go back in time and better understand what our ancestors were fighting for in the first place.
Furthermore, I'll start with a fundamental question. Who established the Supreme Court and why? For that answer, we will have to go back and re-learn our history. The Judiciary Act of 1789, officially titled "An Act to Establish the Judicial Courts of the United States," was signed into law by President George Washington on September 24, 1789. Article III of the Constitution established a Supreme Court but left Congress the authority to create lower federal courts as needed.
Primarily authored by Senator Oliver Ellsworth of Connecticut, the Judiciary Act of 1789 established the structure and jurisdiction of the federal court system and created the position of attorney general. However, it has been amended throughout the years by Congress, but the basic outline of the federal court system established by the First Congress remains today.
The A.G.
Who is the current attorney general, and what does that person do? Merrick Garland has been the United States attorney general since March 11, 2021. President Biden appointed him under the Appointments Clause of the United States Constitution. Furthermore, once established, the advice and consent of the United States Senate are needed.
The U.S. Attorney General oversees the Department of Justice, represents the United States in litigation, and advises the President and heads of federal executive departments on legal matters. Similarly, the Federal Bureau of Investigation (FBI) is the principal investigative arm of the United States Department of Justice.
In other words, Merrick Garland is the lead lawyer for the President and the United States. He is the chief law enforcement officer who leads the Justice Department's 115,000 employees across the United States and in more than 50 countries worldwide.
The United States Supreme Court decisions directly affect attorney general offices' ability to enforce state laws and defend government officials' conduct. Consequently, the AG's offices actively support the Supreme Court.
Merrick Garland current AG for the U.S.
We Disagree
Meanwhile, Attorney General Merrick Garland sharply condemned the Supreme Court's decision to overturn Roe v. Wade, stating the justices had dealt a "devastating blow to reproductive freedom in the United States" by overturning the constitutional right to an abortion.
So what happens when the U.S. AG disagrees with the Supreme Court ruling? Garland stated that the Justice Department disagreed with the decision and predicted it "will have an immediate and irreversible impact on the lives of people across the country." "And it will be greatly disproportionate in its effect – with the greatest burdens felt by people of color and those of limited financial means."
Immediately after the ruling, Democrats renewed their calls for passing legislation to list available abortion rights. Garland stated the Justice Department supports those legislative efforts and stressed that the Supreme Court's decision would not eradicate the right of states to keep abortion legal within their borders.
Free?
"We recognize that traveling to obtain reproductive care may not be feasible in many circumstances," Merrick said. "But under bedrock constitutional principles, women who reside in states that have banned access to comprehensive reproductive care must remain free to seek that care in states where it is legal."
In 2016, Merrick Garland's Supreme Court nomination by Barack Obama was blocked by Republicans who refused to hold confirmation hearings or even hold a vote. The move was unprecedented and resulted in the Democrats losing the opportunity to fill Justice Antonin Scalia's seat (nominated by Ronald Regan) on the Supreme Court.
A New World
The three Justices' who opposed the overturned ruling were Stephen Breyer (appointed by Bill Clinton), Sonia Sotomayor, and Elena Kagan (both appointed by Barack Obama). They all stated that their decision was based directly on the new majority of the Supreme Court. In addition, the justices' said: "The court reverses today for one reason and one reason only: because the composition of this court has changed." "The Court departs from its obligation to faithfully and impartially apply the law," they added. "We dissent."
The power in this and other countries is seldom where you think it should be. It is clear that we all have a voice in this and other matters of law. But, I remind you that people create rules. Remember that our forefathers wrote the first three words of the Constitution – "We The People" – to affirm that the Government of the United States exists to serve its citizens.
Happy 4th of July!
