Because Supreme Court Justices are appointed for life, and
because the Constitution says they are the final arbitors of federal
legislative activity, the Court has long labored to APPEAR non-political or
partisan. I say appear, because the
court’s decision regularly illustrate it’s particular political leaning, which
has vascillated all over the American political landscape.
So now
comes word that the Supremes don’t want to be bothered with protestors on
their door step. Specifically:
This regulation is issued under the
authority of 40 U.S.C. § 6102 to protect the Supreme Court building and
grounds, and persons and property thereon, and to maintain suitable order and
decorum within the Supreme Court building and grounds. Any person who fails to comply with this
regulation may be subject to a fine and/or imprisonment pursuant to 40 U.S.C. §
6137. This regulation does not apply on
the perimeter sidewalks on the Supreme Court grounds. The Supreme Court may also make exceptions to
this regulation for activities related to its official functions.
No person shall engage in a
demonstration within the Supreme Court building and grounds. The term “demonstration” includes
demonstrations, picketing, speechmaking, marching, holding vigils or religious
services and all other like forms of conduct that involve the communication or
expression of views or grievances, engaged in by one or more persons, the
conduct of which is reasonably likely to draw a crowd or onlookers. The term does not include casual use by
visitors or tourists that is not reasonably likely to attract a crowd or
onlookers.
Approved and Effective June 13,
2013
Interestingly, this regulation appears to be wholely
unnecessary – Regulation 5 clearly states that noisey disturbances are prohibited,
and Regulation 6 gives a very good – if overly broad – outline of what is or
isn’t a sign and where “signs” may and may not be used on the grounds. So why bother?
My hunch is that the Supremes (and their staff) hate to be
reminded that their decisions have real world implications, and that not every
one agrees with them or what they do. It’s
got to be tough being Justice Scalia, for instance, and seeing people daily who
marriages are in shambles, or whose economic fortunes are upended by a decision
you make, not matter how well reasoned or “Originalist.”
But that doesn’t give the Chief Justice the right to throw
the bird at American citizens, who come to America’s highest court to fulfill both
their civic duties, and to receive the Rights promised under the First
Amendment (Emphasis mine):
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 peaceably to assemble, and to petition the Government
for a redress of grievances.
Given that this is an administrative action, and not congressionally
passed legislation, I can’t tell how this gets overturned. But I do know that when the NSA is getting
millions of records of cell phone and email metadata, when the CIA is running
off book prisons and manning drones used to conduct overseas assassinations of
American Citizens without trial, and when the man who disclosed the NSA spying
is called a traitor even though he’s actually upholding a long ago taken oath to
protect and defend the Constitution against all enemies foreign and domestic –
I know that when all this is occurring, the Supreme Court would be well advised
to keep appearing apolitical. Afterall, telling protesters they are not welcome on the Courthouse steps is one of the many things the British essentially did, and look where that ended up.
No comments:
Post a Comment