Dred Scott II: The second judicial civil war is now upon America

America has now entered the second Supreme Court judicial civil war in our history.

The Supreme Court was asked to adjudicate a momentous case from Texas, essentially a state vs. state dispute, and, so far, they took a pass. Call it a civil war.

Because the last time America went through a full on judicial civil war, it also was momentous, it was in their infamous Dred Scott decision of 1857 which led up to the horrific carnage of our real Civil War.

According to Encyclopedia Brittanica:

Dred Scott decision, formally Dred Scott v. John F.A. Sandford, legal case in which the U.S. Supreme Court on March 6, 1857, ruled (7–2) that a slave (Dred Scott) who had resided in a free state and territory (where slavery was prohibited) was not thereby entitled to his freedom; that African Americans were not and could never be citizens of the United States; and that the Missouri Compromise (1820), which had declared free all territories west of Missouri and north of latitude 36°30′, was unconstitutional. The decision added fuel to the sectional controversy and pushed the country closer to civil war.

Tragically our history shows that not only did the Dred Scott decision symbolically throw gasoline on the evolving legal and legislative fire in the run-up to the Civil War, it eventually threw gallons of gas on the camp fires of the Union Army.

 “I have seen Him in the watch-fires of a hundred circling camps,” so the Battle Hymn of the Republic lyric began in one verse.

Those Union Army watch-fires could have been avoided if wiser individuals had guided the nation’s destiny.

Now we have the current Supreme Court's peaceful “lawfare” battle lines drawn, so both sides must recognize it is a campaign and not just a single battle.

With the rejection of the Texas et al appeal, there is already an interim takeaway in that it is sad that only Justices Samuel Alito and Clarence Thomas even said something. The three justices appointed by President Trump stayed mute.

I'm a retired Marine. Once a Marine, always a Marine. 

When training as an Infantry Marine Officer at Quantico during the Vietnam War, it was drilled into us: Remember, lieutenant: No decision is always a decision.

In this ongoing campaign, all should also remember that President Trump has a legal defender that has been literally though fire, death and destruction. America’s Mayor Rudy Giuliani, I would guess, went to more individual funerals giving solace to the families of his beloved NYPD and FDNY than any other elected official in American history. He is not the type of person, nor is his client, President Trump, to walk away from a fight.

 “The case wasn’t rejected on the merits, the case was rejected on standing. So the answer to that is to bring the case now to the district court by the president, by some of the electors, alleging some of the same facts where there would be standing,” he said in a Friday interview on Newsmax.

As a proud non-lawyer I actually find both humor and pathos with the Democrat position against truth, transparency and eventual justice that, if treated fairly, can stop what President Trump correctly calls a coup.  

However Trump Nation will continue to need a sense of humor as every channel in fake news puts on pontificating bloviating legal experts. The reason I can easily use such mocking words is that no one knows what the “Supremes” will do in the future in taking the case(s) or not. Consequently, I look at today’s public legal discourse like the famous quip “give an infinite number of monkeys and infinite number of typewriters and they will eventually write the complete plays of Shakespeare.”

My humor continues because the Democrat plans, if they steal the presidency, is to actually put a number of typing monkeys on their side as Supreme Court justices.

However beyond humor is the deadly serious legacy of the Dred Scott decision. The Supremes taking a final pass on this destruction of embedded Constitutional principles is a passive-aggressive sin of omission and a direct attack on all honorable, trusting, American voters

Cue the Democrats because just like their defending slavery during the Dred Scott times when their party was fully on the side of horrific greed, the institution of slavery, their lust for power today knows no boundaries. Such morally blind behavior triggered the Civil War and it meant sacrificing their own youth. I guess having a legacy of defending slavery at all costs is still in their party’s DNA, only now modernized to defend at all costs, aided and abetted with their media enablers, the corrupted practices that were necessary for grand theft election.

Of course humility is called for in looking to the future because no one yet knows what the Supreme Court justices will ultimately do.  The danger is that in any legal matter that may help Democrats, never rule out the famous joke, remembering as Shakespeare said; many a truth is said in jest, about a Chicago court trial motion; ‘Your Honor, Motion to Fix.”

Let’s all hope unlike the Dred Scott decision this legal civil war will not lead to violence, because there is still the possibility for a day of reckoning for a fair and just outcome in calling out the cheaters and rightfully awarding President Trump his earned second term.

Image credit: Pixabay public domain