The DC Voice

The Supreme Court: Who’s in for Justice?

How often do you use your smartphone to search the 27 Amendment’s to the United States Constitution?  Chances are if you’re not concentrating on passing the bar, or becoming a paralegal, or a political science college major, Civics class is probably where you stopped reading the US Constitution.

Now is a fine time to pick up where you left off!  Starting with the 1st Amendment – Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceable to assemble, and to petition the Government for a redress of grievances.  It has been a challenging year for the 1st Amendment of the US Constitution.  Not sure if its safe to say that the 1st Amendment has suffered some abuse of use or fair use.

 

Looking back, Justice Anthony M. Kennedy has been at the forefront for exercising the 1st Amendment with helping to identify “what it means to be LGBT.”  These contributions have allowed further examination of sexual orientation along with gender identity, however those factors weren’t apart of the ingredients for a celebratory cake.  Masterpiece Cakeshop was the blockbuster case of 2018.  This case involved a same-sex couple who identifies as gay, wanting to celebrate their union with a cake.  Like many celebrations across the world, a dessert is served as a sweet momentum to the experience, sort of like adding the icing on the cake!  The Supreme Court ruled in favor of the cakeshop, citing the shop had a refusal about artistry, according to Ria Tabacco Mar, Senior Staff Attorney, ACLU’s Lesbian Gay Bisexual Transgender & HIV Project.  The protections were granted under the conditions that Art has coverage under the US Constitution.  Perhaps the next creative cakes composed center may cave in- from not having any consideration for the celebratory moment of a same-sex couple.

Not sure if it was that ruling which had any impact on Justice Kennedy rush to hang up his robe during this term.  Could it be the recent ruling on the travel ban or Immigration?  Nonetheless, he expressed in his resignation letter he will be gone from the bench.  Back home where he can just relax from his years of service by July 31.  According to IIya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute, the Obama Administration was responsible for identifying countries which pose a National Security threat.  Suppose it was the Trump Administration’s idea not to reinvent the wheel, by identifying any more countries, considering being in office less than two years.

Moving right along.  Maybe not as fast as Justice Kennedy, but giving much consideration for what role does the US Constitution play regarding the recent Immigration issues?  Are their rights more secure than the American citizens?  Who is really protected and who is fighting for the protections of Americans under the US Constitution?  Did the Democrats lead any legislation down this now catastrophic road?  Or did the Republicans rear end the Democrats on the road to a solution?  Maybe they ended in a bipartisan HOV lane, beyond the stop of waiting on a phone call from Washington.  What were the solutions to Immigration issues before the Trump Administration arrived on Pennsylvania Ave?  Separation of family occurs at a more rapid rate for a certain segment of the population probably before Immigration generated such buzz.  In fact, if certain families receive government assistance a male is subject to removal from dwelling.  So as you can see, this scenario of separation has been a familiar scene for blacks in America.  Not only that, furthermore where is the fight from the people to ensure their protections under the US Constitution?  Temporary fixes for permanent solutions sort of stagnant any sensible streamline solutions.

Taking into consideration that the Supreme Court is moving more swiftly in a tech savy world says much about statute of limitations on progression.  That maybe pushing it a bit, but justices did rule in 5-4 that police need a warrant to access data from mobile service providers that shows where an individual has traveled over weeks, months or even years.  This measure is great for now, and can present the future possibility of being ratified with a resolution of how Cambridge Analytica will restore users trust, confidence and most importantly use of data.  The data has been used without the consent or knowledge of the account user.  Certainty every customer would opt-out of a third-party collecting their data, and the user is still responsible for paying a service plan.  Sure Cambridge will send a partial payment for over 80 million cell phone users, it would then be viewed as mutually beneficial since they have already cashed in on the data, and are now closed, so not sure many will ever find out “what’s happening?”

Who’s in? With less than 32 days, Anthony M. Kennedy will release his reign as US Supreme Court Justice with his replacement being sought after immediately.  His replacement will be someone who is just as outstanding as Justice Kennedy, according to the President.  From the White House, President Trump spoke very remarkable of Justice Kennedy, “he’s a man I’ve respected for a long time, and he has displayed tremendous art and vision.”

Mindy Hill

Mindy Hill

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