This is what came to mind for me when the ruling of Trump versus Colorado on whether Trump could remain on the Colorado Ballot came down on March 4, 2024. Just like each time that Donald Trump has gotten away with thumbing his nose at the American people and every American institution in the land he has become bolder, the Supreme Court of the United States (SCOTUS) has decided to emulate him. They have watched Trump and the Trump-led Republican congress say the quiet things out loud and make a mockery of justice and get away with it so they, too, have decided to say the quiet things out loud. They too have decided to thumb their nose at the American people and, at least, the other courts that constitute the judicial system; after all, these courts are not “supreme.”
How did I come to this conclusion? Well, first, let’s start with the definition of supreme. According to Merriam-Webster, supreme means highest in rank or authority. Especially: in a position of unquestioned authority, dominance, or influence. The SCOTUS certainly seems to believe that they fit this definition by virtue of their behavior lately. After all, they agree that all courts in America should have and abide by a code of ethics; that is, all courts except the Supreme Court. This must be the case because the Supreme Court certainly does not lead by example. They have refused to have and abide by a code of ethics: at least one that has meaningful rules and a way to enforce them.
Instead, the SCOTUS has decided that it can police itself and they leave this policing up to each member to do for himself/herself. Each can decide when he/she is being unethical or if something that he/she is doing or has done has the appearance of being unethical. Surely, he/she can and will determine this and handle it properly. Surely, he/she can and will determine whether he/she should recuse, and will recuse when he/she should. There is no question that he/she will handle these things correctly anytime they arise; after all, these court justices are “supreme.” Since other courts in the land cannot legitimately claim this title, that is why they need a code of ethics, right? This includes state supreme courts because they are not the “ultimate supreme” like the SCOTUS is, right?
If this sounds ridiculous, it is because it is ridiculous. Justices in the John Roberts court have done and continue to do so many unethical things or things that appear to be unethical that it has dragged the SCOTUS to the lowest level of public confidence in it in the history of the SCOTUS. I cannot think of any reason why Chief Justice John Roberts is not super concerned about this. And if he is, he certainly is not expressing that concern publicly. Perhaps he just feels strongly that the SCOTUS dirty laundry should not be aired publicly and he is extremely good at hiding his super concern. Because he sided with five other justices, all of whom are a part of the conservative supermajority, in going further than the SCOTUS was required to go in the March 4, 2024 Colorado versus Trump ruling, it appears that he and the rest of the supermajority did it to help Trump. And when other rulings that the SCOTUS has made or, not made, are considered, it makes things look even more like they are putting their thump on the scale for Trump.
A key part of the rationale that the SCOTUS used in ruling against the Colorado Supreme Court involved this question that they put to themselves: Why should one state decide who should be the president? This is a reasonable question. The question that the SCOTUS did not ask, which is just as reasonable for the American people to ask is, why should six politicians in black robes decide who should be the president? A reasonable answer cannot be that we did it in Bush v Gore. As an aside I might add, they did it very quickly. And that is not the case with the SCOTUS review of the Trump request for total presidential immunity to defend himself against the four cases and 91 counts that he has been charged with since he left office. This request for review by the SCOTUS and the Colorado versus Trump case it ruled on March 4, 2024 came at nearly the same time. That just adds more questions as regards the behavior and questionable rulings of the SCOTUS and further implies that they, like Trump, are thumbing their nose at the American people and American institutions.
As an optimist, I would like to believe that I am being overly cynical but as a realist, I do not believe that is the case. Perhaps there was a time when the courts, especially the SCOTUS, were apolitical, at least they talked a good game and made a real effort to appear to be so, but times have changed. They are now saying the quiet things out loud. Trump makes no effort to hide that he is pressing judges, including the justices of the SCOTUS, to rule in his favor because they owe him. He is not shy about letting them know that he got them appointed. And he is calling upon them to be loyal and answer his call. Unfortunately, too many of those that he is calling on and requesting loyalty from are, or at least appear to be, answering his call.
With polls showing that President Biden and Trump, even with the 4 charges and 91 counts that he is faced with, are running in a virtual tie, it is hard to be certain which direction America is headed in. If those Americans who are addicted to Trump’s lies and hooked on political soundbites do not somehow come to their senses, educate themselves on the issues, focus, and realize that the American democracy is at stake and will be on the ballot in November this year, all of us could be in deep trouble. We can take positive steps to mitigate the damage that has already been done and continues to be done by Trump and all the politicians like him; including those in the SCOTUS. But we can only do it if me make sure that neither Trump nor any of his sycophants are elected president.
As I have said many times before, I disagree with almost all of Liz Cheney’s politics. However, she is the only Republican that has proven that she has principles and will abide by them at all costs. That means that she can be trusted and that when she gives her word on something, she can be counted on to keep it. At this point, she is the only Republican that can be trusted by the American people. No other Republican, perhaps apart from Adam Kinzinger can be looked upon with this same trust and confidence, including Nikki Haley.
This means that Liz Cheney is a reasonable person with whom Democrats can hold meaningful discourse and that can be reasonably negotiated with. Under these current and messy evolving circumstances, if Democrats in the final stretch, to save democracy, find themselves in an impossible situation where the options are infinitesimal and it is virtually certain that their nominee cannot win, they can confidently seek input from Liz Cheney as to whether Nikki Haley, barring any other possible choice, would be a candidate worthy of Democratic voters’ support. Of course, the best option would be Liz Cheney herself. But Nikki Haley would likely be better than Trump. Almost anybody would be better than Trump. I say “almost anybody” because if the other choice thinks like Trump, it would be a hard choice between going with that person or the devil you know.
This might seem like an impossible scenario that would be all but impossible to occur, but if it did, Liz Cheney would be America’s best option lifeline to retaining our democracy. The other two choices, who knows? Regardless, no one is coming to rescue us so it is on American voters now to save the American democracy.
So always remember, whether you are a Democrat, Republican or Independent, your vote is the most important one of all… unless you don’t use it!
Eulus Dennis – author, M2: Street Cop To Top Cop, Operation Rubik’s Cube, and Living Between The Line