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Bruce Bialosky

Mr. Roberts, Where Are You?

Chief Justice John Roberts has expressed that he feels compelled to protect the image of the Supreme Court since he was sworn in as the leader. That is why we have been told he conceived of the Obamacare Individual Mandate as being a tax. That is after the President and the supporters of Obamacare stated repeatedly it was not a tax, thus saving Obamacare in the ruling on National Federation of Independent Business et al vs. Sebelius. Why at this critical juncture is he not vociferously defending the court?

Let us begin by defining the fact that I am wholly in favor of the divide we currently have in this country between what has been characterized as “Red” and “Blue” states. The states are designed as incubators of public policy. In a society where we have significant choices, people make decisions which states have not only the best climate and best jobs for them, but the best public policy that aligns with their views.

There have been many discussions regarding people relocating to red states during COVID. A few years only tells part of the story. The three most populated blue states are New York, Illinois, and California. I looked at their population this century (2000 vs 2022). US population increased by 17.7% during that period (332 million vs 282 million). Population for the state of Illinois increased 2 % (12,671,000 vs 12,419,000). The state of New York grew 6% (20,115,000 vs 18,976,000). The state of California did better at 15.8% (39,240,000 vs. 33.870,000). Collectively, however, these states lost population compared to the rest of the country.

All three of these states lost an electoral vote this past year because people are either not moving to these states or are leaving them. In a time in history where many people can work at their jobs wherever they choose to live, they are no longer relocating for jobs. They are moving for other factors, such as the cost of living or invasive governments that restrict housing development.

The Supreme Court at the end of their term made some major rulings that effected people’s lives. The essence of those rulings was stating more boldly and strongly than they have recently that they are not going to be making laws. Rather, they are returning to the time where their job, as written in our Constitution, is to interpret whether the laws written by Congress and enforced by the Executive branch are allowed within the framework of our Constitution as written.

All this garbage about being “originalists” or venerating dead white men is exactly that – garbage. The Justices are doing exactly what their mission is. This is although their predecessors often strayed by taking the law in their own hands. That is largely coming to a halt. Some people are upset, having thought they ran the country by having Justices do their work for them. Now they must do their own work. Armageddon did not happen. What happened is if you are an elected official, you now must do your job because the nine robed people are not going to. There are still three who want to write laws. One only need to read their dissents in the three most notable recent cases, and it is impossible to come to any other conclusion.

So where is John Roberts laying this out and telling the other branches pointing fingers at the Court to do their job? He needs to give a forceful speech defending the Constitution and the actions of his fellow Justices. He needs to say to the members of Congress “if you don’t like the fact that the EPA or any other agency can no longer go cowboy on us and make up rules then do what you were elected to do.” If Congress wants federal agencies to accomplish something, write a law, and get it passed and signed. Read the Constitution. It is your job. If legislators do not like the abortion related laws in their states – pass new ones. You were elected to do that, not just give speeches, or send out tweets.

And if residents do not like abortion restrictions in their state, they can pick up and move. The protests that have gone on are almost exclusively in states where abortion is already legal after Dobbs. What are they protesting? Two-thirds of abortions are already performed in blue states. If a woman who is pro-choice from Missouri must relocate to Illinois, I for one do not feel sorry for her. If that is such a burning issue to her then she has the freedom in our country to do as she chooses. And those who do not like my attitude are welcome to look at my database of all my like-minded friends who have relocated to Tennessee, Nevada, Texas, Florida, and other states.

Justice Roberts should make clear the Justices are only doing their job. And he should call the President and the AG and tell them to stop the misbehavior of the protestors who live in jurisdictions where abortion is legal. Members of the Supreme Court and/or any other elected official should not have the privacy of their homes or their neighbors’ homes disrupted. People should be allowed to eat in restaurants without protestors disturbing everyone on the premises. Roberts should call Pelosi and suggest to her to rein in her unruly members who suggest hunting down Supreme Court members is a civic duty.

These actions by the protesters may or may not be legal. That is not the point. The actions are not civil, and we have a civil society. To pay a bounty for a spotting of Justices outside their homes so they can be confronted is despicable. Who is funding this? What kind of morals do they have? To access a restaurant’s reservation system and make false bookings is childish behavior and uncivil. Because a restaurant does not want its patrons disturbed no matter what the issue, they should not be confronted by “children.” (That’s an insult to well-behaved children). That is what they are. I did things like that when I was thirteen. I grew up. Do these protesters believe they are really making a difference?

We have laws and we should all be delighted when the laws are being followed. We should vote out anyone who is not administering those laws. And Justice Roberts should defend his court which has done nothing other than tell people the Court is now doing its job.