US Supreme Court Has Been On Wrong Side Of History Many Times Before

After the death of Associate supreme court jus­tice Antonin Scalia on February 13, 2016, it was up to President Barack Obama to choose a suc­ces­sor to replace the hard right, Scalia.
President Obama had almost a full year left in the white house.
It was the pre­rog­a­tive of Presidents before the 44th pres­i­dent Barack Obama to appoint can­di­dates to fill vacan­cies on the nine-mem­ber court. Obama had filled two pre­vi­ous slots with the court’s first Latino American, Sonia Sotomeyer and anoth­er woman, Elena Kagan.

It is the pre­rog­a­tive of the Senate to advise and give it’s con­sent to the choic­es a pres­i­dent puts up for con­fir­ma­tion. Through the process of open hear­ings and per­son­al meet­ings, the Senate gets to vote yea or nay on the pres­i­den­t’s pick to fill the court’s vacan­cies.
President Obama chose Merrick Garland a cen­trist jurist who should gen­er­al­ly sweep through the process to sit on the nations high­est court.
Judge Garland was appoint­ed to the United States Court of Appeals in April 1997 and became Chief Judge on February 12, 2013. He grad­u­at­ed sum­ma cum laude from Harvard College in 1974 and magna cum laude from Harvard Law School in 1977.

Following grad­u­a­tion, he served as law clerk to Judge Henry J. Friendly of the U.S. Court of Appeals for the Second Circuit and to U.S. Supreme Court Justice William J. Brennan, Jr. From 1979 to 1981, he was Special Assistant to the Attorney General of the United States. He then joined the law firm of Arnold & Porter, where he was a part­ner from 1985 to 1989 and from 1992 to 1993. He served as an Assistant U.S. Attorney for the District of Columbia from 1989 to 1992, and as Deputy Assistant Attorney General in the Criminal Division of the U.S. Department of Justice from 1993 to 1994. From 1994 until his appoint­ment as U.S. Circuit Judge, he served as Principal Associate Deputy Attorney General, where his respon­si­bil­i­ties includ­ed super­vis­ing the Oklahoma City bomb­ing and UNABOM pros­e­cu­tions. 

Chief Judge Garland has pub­lished in the Harvard Law Review and Yale Law Journal taught at Harvard Law School and served as President of the Board of Overseers of Harvard University.source(https://​www​.cadc​.uscourts​.gov/​i​n​t​e​r​n​e​t​/​h​o​m​e​.​n​s​f​/​C​o​n​t​e​n​t​/​V​L​+​-​+​J​u​d​g​e​s​+​-​+​MBG)
Judge Merrick Garland is cur­rent­ly the chief judge of the DC Circuit.

Mitch McConnell tweets pic of him and Neil Gorsuch after Supreme Court vic­to­ry.

The Republican Majority leader in the US Senate had oth­er ideas. Mitch McConnell decid­ed against all norms, that despite the fact that there was almost a full year left in President Obama’s term he would sub­vert the author­i­ty of the pres­i­dent by refus­ing to even give judge Garland a hear­ing.
This McConnell did using the spu­ri­ous argu­ment that with a pres­i­den­tial elec­tion immi­nent it makes sense to have the peo­ple decide which pres­i­dent should select a replace­ment for Scalia.

Precedent was out the door and a new prece­dent estab­lished by the hyper-par­ti­san Kentucky Republican. McConnell was reward­ed for his ghast­ly behav­ior with the ele­va­tion of Neil Gorsuch, a right-wing jurist appoint­ed by Trump.
Donald Trump, con­ver­sant of the role the courts can play in advanc­ing the poli­cies of the fun­da­men­tal­ist right, has been on a tear pack­ing the courts with right wing fun­da­men­tal­ist actors, many of whom have open­ly expressed racist views.
Many of the can­di­dates Trump placed on the fed­er­al bench have been deemed to be bla­tant­ly unqual­i­fied by the nation’s bar asso­ci­a­tion.
Mitch McConnell has crowed that the pres­i­den­cy of Donald J Trump has been the great­est peri­od for Conservatism since he has been involved in pol­i­tics.

Yesterday the US Supreme upheld Donald Trump’s Muslim ban, in a 5 – 4 deci­sion the court agreed that Donald Trump may dis­crim­i­nate against immi­grants based on their reli­gious belief.
Feeling the heat from the scathing dis­sent of Associate jus­tice Sonia Sotomayor Chief Justice John Roberts wiped away the igno­ble supreme court deci­sion which legit­imized the intern­ment of Japanese Americans dur­ing the sec­ond world war.
See Article explain­ing the berth of what hap­pened dur­ing world war11.(https://​www​.nps​.gov/​a​r​t​i​c​l​e​s​/​h​i​s​t​o​r​y​i​n​t​e​r​n​m​e​n​t​.​htm)
After the supreme court’s deci­sion uphold­ing the trav­el ban, the Senate major­i­ty leader Mitch McConnell trolled the nation by post­ing a pic­ture of his meet­ing with judge Neil Gorsuch.

The pub­li­ca­tion the [Hill​.com] a con­ser­v­a­tive pub­li­ca­tion, gush­es, quote [ Justice Neil Gorsuch’s gen­uine con­ser­vatism, his faith­ful­ness to the orig­i­nal pub­lic mean­ing of the Constitution and legal texts, is also demon­strat­ed by his join­ing with Justice Clarence Thomas in all but three of the cas­es decid­ed by the Court. That should be good news for any con­ser­v­a­tive court watch­er”.] That assess­ment ought to give every pro­gres­sive a chill down the spine.
Writing for the [dai­ly­beast] Michael Tomasky ask this per­ti­nent ques­tion.

Back in 1974, Watergate spe­cial pros­e­cu­tor Leon Jaworski issued a sub­poe­na order­ing Richard Nixon to turn over some papers and tapes rel­e­vant to the inves­ti­ga­tion. Nixon turned over some mate­r­i­al, but not all, hop­ing that would sat­is­fy Jaworski. It did not. Nixon’s lawyer, James St. Clair, went to the DC Circuit, and specif­i­cal­ly to Chief Judge John J. Sirica, who became a house­hold name in that year of 1974, to quash the sub­poe­na. Sirica refused.
Would today’s Supreme Court rule sim­i­lar­ly? We must start think­ing about this now.

Thus far the Media has held against Donald Trump’s onslaught, the courts have held to some degree, the Congress has not. During the sec­ond world war, Japanese Americans were sum­mar­i­ly round­ed up and placed in camps.
The anti-Japanese move­ment became wide­spread around 1905, due both to increas­ing immi­gra­tion and the Japanese vic­to­ry over Russia, the first defeat of a west­ern nation by an Asian nation in mod­ern times. Both the Issei and Japan began to be per­ceived as threats. Discrimination includ­ed the for­ma­tion of anti-Japanese orga­ni­za­tions, such as the Asiatic Exclusion League, attempts at school seg­re­ga­tion (which even­tu­al­ly affect­ed Nisei under the doc­trine of “sep­a­rate but equal”), and a grow­ing num­ber of vio­lent attacks upon indi­vid­u­als and busi­ness­es.source[https://​www​.nps​.gov/​a​r​t​i​c​l​e​s​/​h​i​s​t​o​r​y​i​n​t​e​r​n​m​e​n​t​.​htm]

One of the key play­ers in the con­fu­sion fol­low­ing Pearl Harbor was Lt. General John L. DeWitt, the com­man­der of the Western Defense Command and the U.S. 4th Army. DeWitt had a his­to­ry of prej­u­dice against non-Caucasian Americans, even those already in the Army, and he was eas­i­ly swayed by any rumor of sab­o­tage or immi­nent Japanese inva­sion.

The site named above, gives any­one wish­ing to have a bet­ter idea of what hap­pened in America to Japanese Americans based on big­otry, racial ani­mus, and plain igno­rance.
These events are dis­gust­ing­ly shame­ful events which still haunts America today.
Chief Justice Roberts sought to wipe away the supreme court’s deci­sion which legit­imized these atroc­i­ties, even as he vot­ed to give a racist dem­a­gog­ic pres­i­dent carte blanche to do the exact same thing as laid out in jus­tice Sotomayor’s scathing dis­sent.
Imagine how much harm can be done by a pres­i­dent with wide unchecked pow­er, then learn just how it has hap­pened time and time again right here in America.