Artwork © Richard Spisak

 

Is It Supreme Court Justice or Is It Just Cowardice?

Several states have removed Donald Trump for the Presidential primary ballot per Section 3 of the 14th Amendment, i.e. that oath-breaking insurrectionists may not hold public office. On Monday, March 4, the US Supreme Court unanimously overturned Colorado’s actions on this matter [1]. Five of the nine Justices went further, stating that it is the US Congress that has the power to enforce the Amendment. Four of the nine disagreed with this uncharacteristic and needless departure from judicial restraint by the Court to speak to a matter which is not before it. Justices Sotomayor, Kagan, and Jackson state: “They [the majority] decide novel constitutional questions to insulate this Court and petitioner from future controversy.” I personally wonder to what extent that insulation for the petitioner, Donald Trump, is corruption. I also wonder to what extent that insulation for the Court is cowardice.

The minority elaborates with simple and undeniable reasoning that Section 3 of Amendment 14 is “self executing, meaning that they do not depend on legislation.” (page 18). The majority responds in the penultimate paragraph of the unanimous opinion (page 13): “So far as we can tell, they object …” The uncharacteristically petulant phrase, “So far as we can tell,” can only be understood to mean that what the minority states makes no sense, even though the minority’s arguments are both compelling and uncontested. The majority’s statement can only be understood as a personal attack of the type which is made so commonly by men against women that it’s a cliche. Coincidentally in this case, the minority is all women and the majority is all men.

Everyone is watching our justice system, both here in America and worldwide. Donald Trump faces trial for multiple crimes in both federal and state courts. Tens of millions are convinced that he is a great leader who has been targeted by corrupt prosecutors and politicians. Tens of millions more are convinced that he is a dangerous criminal who must be stopped. The Supreme Court will hear oral arguments the week of April 22 “Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.” [2] The Court has chosen to delay that hearing nearly two months, perhaps to support Donald Trump’s interest in delaying the criminal trials he faces, but I think there is a more likely reason.

The Constitution says nothing whatever regarding the President’s criminal liability for his actions while in office. The absence of any guidance from our Constitution on how criminal acts by our President will be handled is a fundamental flaw in our nations’ greatest legal authority. That buck stops with the Supreme Court, and it’s an extraordinarily weighty and difficult one.

I don’t think it’s reasonable to fault the Court for giving themselves time to thoroughly consider the issue, the existing body of law and judiciary opinion, the petitioner’s briefs due March 19, and the briefs in support due April 8. If President Trump committed the criminal acts of which he is accused, and that two month and more delay in justice proves to be justice denied, I think we must accept that as a price we pay for a profoundly flawed Constitution. The simple fact is that the only path to a peaceful resolution of the divisions in America surrounding Donald Trump is the 2024 Presidential election. The margin of victory must be clear, one way or the other, and the integrity of the election must be clear too.

[1] Supreme Court Unanimous Opinion, Donald J Trump v Norma Anderson et. al.

[2] Certiorari Granted, Supreme Court, 28Feb2024.

 

Don Krieger is a biomedical researcher whose focus is the electric activity within the brain. Don is author of the hybrid collections Discovery (Cyberwit, 2020) and When Danger Is Past, Who Remembers? (Milk and Cake Press, 2022), a 2020 Pushcart nominee, and a 2020 Creative Nonfiction Foundation Science-as-Story Fellow. Don’s work has appeared in Seneca Review, The Asahi Shimbun, Beltway Quarterly, The Pittsburgh Post-Gazette, The Tallahassee Democrat, American Journal of Nursing, Neurology, and others. His work has also been translated into Farsi, Greek, Italian, German, Turkish, Romanian, and Portuguese.

Richard Spisak began his artistic career as a light artist in the Lumonics Studios of Mel Tanner, a legendary Light Artist. After serving under Jack Horkheimer as a planetarium operator at the Miami Space-Transit Planetarium, he left to begin traveling with Lumist Kenvin Lyman, whose show Dazzleland Studios traveled across America. Richard later worked as a Laserist with LASERIUM and Laser Productions, served as a technical producer for the festival company PACE Concerts, and later as operations Manager and Senior Producer at WWHP and WTCN-TV in Stuart Florida.

Richard writes for Theatre, TV, radio, and the web. He published two short story collections, Two Small Windows, in a Pair of Mirror Doors, and Between the Silences. Followed by his poetry collection 7370 Allen Drive and the recently released STONE POETRY. Richard also produces “POETS of the East,” a televised webcast featuring poets from across the globe.