supreme-court

Chief Justice John Roberts

/ tom0261888 / Leave a comment

OLD and QUIRKY

From Conservative Strategist to Chief Justice of a Court He Can No Longer Control

For years, Chief Justice John Roberts was hailed—mostly by Beltway moderates desperate to find a “reasonable” conservative—as the last adult in the room. The sober institutionalist. The guardian of the Court’s legitimacy. The conservative who understood that you don’t burn the house down just because you finally got the matches.

But the truth is far less flattering: John Roberts didn’t save the Court from extremism. He midwifed it. He curated it. And now, like Dr. Frankenstein watching his monster rampage through the village, he’s horrified that he’s no longer the one in charge.

Roberts’ evolution isn’t a story of a principled jurist tempering his ideology. It’s the story of a Republican operative who spent decades dismantling democratic safeguards—voting rights, campaign finance limits, corporate accountability—only to recoil when a more radical generation of conservatives used those very tools to push the country off a cliff.

The Strategist Who Mistook Himself for a Statesman

Roberts rose through the conservative legal movement carefully, methodically, strategically. He wasn’t the bomb-thrower; he was the man smoothing the shrapnel, packaging hard-right outcomes in pretty, technocratic prose. His entire judicial philosophy was camouflage: causing massive ideological shifts, but made them look modest.

His decision in Shelby County v. Holder—gutting the Voting Rights Act—was a masterpiece of this dreary craft. He pretended that racial discrimination in voting had magically evaporated, then acted shocked when states sprinted to reinstate voter suppression laws.

This was Roberts’ signature: deregulate the powerful, weaken protections for vulnerable communities, and then express mild surprise when the powerful seize even more power.

Then Came the Monster He Helped Build

For a decade, Roberts controlled the Court by managing Justice Kennedy’s ego and projecting a veneer of institutional neutrality. But once the far-right legal movement captured the Court outright—with Gorsuch, Kavanaugh, and Barrett—Roberts became irrelevant.

And nothing infuriates a man like Roberts more than being irrelevant.

Suddenly he was the “moderate,” not because he changed, but because the rest of the conservative bloc stopped pretending. They didn’t care about incrementalism. They didn’t care about public trust. They didn’t care about Roberts’ obsession with legitimacy. They wanted maximalist rulings, and they wanted them now.

Dobbs was the humiliation heard round the world. Roberts begged for a “compromise,” a middle-ground fantasy where abortion rights could be gutted but not eradicated. The new majority waved him off like an annoyed parent. They had the votes, and they were done with Roberts’ slow-drip revolution.

Roberts Wants to Save the Court From a Crisis He Caused

Roberts keeps warning that the Court risks losing the public’s trust—as if he had no role in setting the stage for its collapse. It was Roberts who weakened the Voting Rights Act. Roberts who empowered billionaire donors in Citizens United. Roberts who shielded corporate interests repeatedly. Roberts who insisted, with a straight face, that the Court is not political even as he stacked the deck for conservative victories.

And now he wants to play umpire while the game burns down.

Roberts didn’t lose control of the Court because he’s a moderate; he lost control because the right-wing legal movement he nurtured no longer needs his caution or his respectability. They have the majority. They have power. And the mask—his mask—is off.

Roberts’ Legacy Is the Court’s Crisis

History won’t remember Roberts as the savior of judicial legitimacy. It will remember him as the architect of the Court’s collapse into partisanship—a man who spent years quietly eroding the foundation of democracy only to be shocked when the roof finally caved in.

He wanted to steer a conservative revolution from the comfort of technocratic respectability. Instead, he built a machine that outran him. He fed the beast, and now it answers to someone else.

John Roberts evolved, all right—not into a moderate, but into a cautionary tale: a conservative who played with fire, insisted it was safe, and now stands in the ashes pretending not to smell the smoke.

T. Michael Smith

wwwtmichaelsmith.com

How Citizens United Broke America’s Democracy

/ tom0261888 / Leave a comment

OLD and QUIRKY

Why the Billionaires Want You to Forget It

There are a lot of villains in the slow-motion sabotage of American democracy, but few have done more damage—with such smug self-righteousness—than the Supreme Court’s conservative majority in Citizens United v. FEC. With a single ruling, they didn’t just unleash corporate money into politics. They handed the keys of American democracy to the ultra-wealthy and told the rest of us to enjoy the ride.

The right loves to blame polarization, misinformation, even “wokeness” for the chaos in politics. But let’s be honest: the rot set in when the Court declared that corporations are political actors with constitutional rights and billionaires can drown the public square in money if they call it “independent spending.”

It was the judicial equivalent of opening all the vaults on Wall Street and telling the bankers, “Go wild.” And they did.

A Democracy of Donors, Not Voters

Since the ruling, politics has become a playground for the richest Americans—a system where a handful of billionaires can bankroll entire elections, sculpt policy, and effectively decide who even gets a shot at running for office. Working people donate in $20 increments: Sheldon Adelson and Michael Bloomberg toss in $100 million like they’re tipping a bartender.

This isn’t free speech. It’s financial dominance.

The conservative justices insisted that unlimited spending would not corrupt politics because it was technically “independent.” That’s like claiming a hurricane isn’t dangerous because the wind and water don’t officially coordinate. The reality is obvious: when politicians know a super PAC can vaporize their career with a tsunami of attack ads, they behave accordingly. It’s silent extortion, baked into the system.

Dark Money: The Shadow Government

Worse still, Citizens United opened the floodgates for dark money—funds from anonymous donors funneled through nonprofits that exist solely to hide who’s really pulling the levers.

These groups bankroll everything:

  • judicial confirmation blitzes
  • anti-union campaigns
  • disinformation networks
  • climate denial operations
  • statewide ballot fights
  • and candidate-centered propaganda masquerading as “issue ads”

It’s a shadow government with no accountability and no transparency, operating because five justices thought disclosure requirements might “chill speech.” What it chills is democracy.

Policy Written for the Few, Paid for by the Few

There’s a reason Congress can’t pass wildly popular policies like taxing billionaires, raising wages, strengthening unions, or protecting abortion rights. Donors don’t want them.

There’s a reason fossil fuel companies keep winning legislative battles even as the planet burns. Donors pay handsomely for political insulation.

There’s a reason health care remains a corporate profit engine instead of a public good. Dark money groups fueled by insurance executives spend tens of millions to ensure nothing changes.

This is not dysfunction. It’s design.

Public Trust Has Collapsed—and That Was the Point

Americans know the system is rigged. They feel it every time a policy with 70–80% support dies in committee while billionaires get another round of tax cuts. They see it when candidates who appeal to grassroots voters get buried under a flood of super PAC money.

The right often accuses the left of being cynical about institutions. But cynicism didn’t break our faith in democracy. Citizens United did.

The Billionaires Don’t Want Reform—They Want Silence

Every time someone proposes overturning Citizens United, strengthening disclosure laws, or implementing public financing, the same chorus emerges: “You’re trying to limit speech.”

No. We’re trying to resurrect democracy from the ruins your “speech” left behind.

The truth is simple: the only people who benefit from Citizens United are the people with enough money to buy political power. Everyone else pays the price—in weaker protections, broken institutions, and a political system that treats citizens like spectators instead of participants.

It Has to End

A democracy cannot survive when the wealthiest Americans have more political influence than millions of voters combined. The idea that corporations are people with constitutional rights is a lie. The idea that billionaires’ spending is harmless is a fantasy. And the idea that this system is sustainable is delusional.

Citizens United must be overturned—by constitutional amendment, by new disclosure laws, or by a Court that finally remembers democracy matters more than donor privileges.

Until then, the United States will remain a country where elections are technically free, but political power is anything but.

T. Michael Smith

wwwtmichaelsmith.com

The Supreme Court’s Shadow Docket: Democracy in the Dark

/ tom0261888 / Leave a comment

The Supreme Court was once the guardian of reasoned justice — a deliberative institution where arguments were heard, opinions were written, and the public could see the logic behind the law. But that vision of the Court is fading fast. In its place stands a majority that increasingly prefers to rule from the shadows, using a secretive mechanism known as the shadow docket to impose sweeping policy decisions without explanation or accountability.

The “shadow docket” sounds mysterious because it is. It refers to the Court’s use of emergency orders — often unsigned, unexplained, and issued in the dead of night — that bypass the normal judicial process. No hearings. No briefs. No transparency. Yet these shadow rulings have decided some of the most consequential issues of our time: immigration, voting rights, reproductive freedom, and public health.

And the justices most eager to use this power sit on theCourt’s conservative wing.

Under Chief Justice John Roberts and his Trump-appointed colleagues — Gorsuch, Kavanaugh, and Barrett — the shadow docket has become a tool for ideological activism masquerading as judicial restraint. Time and again, the conservative majority has used it to quietly deliver victories for right-wing causes while avoiding the public scrutiny that comes with full opinions.

Consider how the Court let Texas’s infamous abortion law, SB 8, take effect in 2021. Without a single oral argument or written justification, the Court’s conservative bloc allowed a law that effectively banned abortions after six weeks to stand. Women’s rights were stripped away overnight — not through a landmark ruling, but through a midnight order.

Or look at voting rights. The shadow docket has been used to reinstate gerrymandered maps and restrictive election laws, often just before an election. Each time, the Court hides behind procedural language about “emergency relief,” but the effect is unmistakable: less access to the ballot for communities of color and more entrenchment for Republican-controlled legislatures.

And while conservatives decry “unelected judges” when liberal rulings displease them, they have no problem using unelected justices to reshape American life from the shadows. This is not judicial humility — it’s power politics cloaked in Latin.

The danger of the shadow docket is not only that it produces bad rulings, but that it erodes public trust in the Court itself. When the majority uses unsigned, unexplained orders to make major legal changes, it sends a clear message: the Court’s power is absolute, and the public has no right to question it. That’s not the rule of law. That’s judicial supremacy.

Democracy cannot function when the most powerful court in the country operates like a political backroom. If the conservative justices believe their decisions are justified, they should have the courage to explain them. Hiding behind the shadow docket betrays both the spirit of the Constitution and the trust of the people.

The Supreme Court’s authority depends on legitimacy — on the belief that its rulings flow from law, not ideology. But every time the conservative majority governs from the shadows, that legitimacy fades a little more. The justices may win their battles for now, but in the long run, they are burning down the very credibility that gives their power meaning.

It’s time to drag the Court back into the light.

T. Michael Smith

wwwtmichaelsmith.com

A BETRAYAL OF AMERICAN IDEALS

/ tom0261888 / Leave a comment

OLD and QUIRKY                                                                               09/12/2025

What happens when the institution meant to protect justice becomes the architect of injustice?”

The Supreme Court has at key moments in history and today, betrayed core American ideals such as equality, liberty, and democratic accountability.

 The Supreme Court and the Betrayal of American Ideals

The United States Supreme Court was envisioned as a guardian of justice, a bulwark against tyranny, and a neutral arbiter of the Constitution. Yet in recent years, its rulings have increasingly sparked outrage, confusion, and a sense of betrayal among many Americans. Far from upholding the foundational principles of democracy, equality, and transparency, the Court has issued decisions that appear to undermine them—raising the question: Has the Supreme Court betrayed American ideals?

 Undermining Democratic Accountability

One of the most troubling developments has been the Court’s growing reliance on the “shadow docket”—a process by which major decisions are made without full briefing, oral arguments, or public explanation. These emergency rulings have shaped national policy on immigration, voting rights, and public health, often with minimal transparency. This practice erodes the democratic ideal that government decisions should be made openly and with public input. When unelected justices issue sweeping rulings in the dark, the people lose their voice in the judicial process.

 Abandoning Equal Justice Under Law

The principle of equal protection is enshrined in the Fourteenth Amendment, yet recent rulings have chipped away at civil rights protections. The Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, eliminated federal protections for reproductive rights—disproportionately affecting low-income and minority communities. Similarly, the rollback of affirmative action in college admissions has been criticized for ignoring the persistent racial disparities in education. These decisions suggest a retreat from the ideal that all Americans deserve equal treatment under the law.

Below are some powerful Supreme Court decisions that are widely viewed as betrayals of American ideals, especially those of equality, liberty, and justice. The betrayal of American ideals isn’t new—it’s a recurring challenge that demands vigilance and reform. These cases aren’t just legal missteps—they’re moral failures that shaped American society in lasting ways.

 Dred Scott v. Sandford (1857)

  • Dred Scott, an enslaved man, sued for his freedom after living in free territories. The Court ruled that African Americans “had no rights which the white man was bound to respect,” denying citizenship and legal standing to all Black people—even free ones.
  • Chief Justice Roger Taney’s opinion also invalidated the Missouri Compromise, claiming Congress had no authority to ban slavery in U.S. territories.
  • Impact: This ruling emboldened pro-slavery forces, enraged abolitionists, and accelerated the path to the Civil War. It stands as a stark betrayal of liberty, equality, and the promise of citizenship.

Plessy v. Ferguson (1896)

  • Homer Plessy, a man of mixed race, deliberately violated Louisiana’s Separate Car Act to challenge segregation. The Court upheld “separate but equal” accommodations, legitimizing racial segregation nationwide.
  • Justice Harlan’s lone dissent warned that the decision would become a “badge of servitude” for Black Americans.
  • Impact: This ruling entrenched Jim Crow laws for over half a century, institutionalizing racism and denying equal access to public life. It mocked the Equal Protection Clause of the 14th Amendment.

Korematsu v. United States (1944)

  • Fred Korematsu, a U.S. citizen of Japanese descent, refused to comply with internment orders during WWII. The Court upheld his conviction, citing “military necessity” over racial discrimination6.
  • Over 120,000 Japanese Americans—most of them citizens—were forcibly relocated to internment camps without due process.
  • Impact: The ruling sanctioned racial profiling and mass incarceration. Though later denounced, it wasn’t formally overturned until 2018. It remains a chilling example of civil liberties sacrificed in the name of national security.

 Buck v. Bell (1927)

  • Carrie Buck, a young woman institutionalized in Virginia, was forcibly sterilized under a state eugenics law. The Court upheld the law, with Justice Holmes infamously declaring, “Three generations of imbeciles are enough”.
  • The decision legitimized forced sterilization of thousands deemed “unfit,” often targeting poor, disabled, and minority women.
  • Impact: This ruling violated bodily autonomy and human dignity, reflecting the darkest impulses of pseudoscience and state control. It was never formally overturned.

 Civil Rights Cases (1883)

  • The Court struck down the Civil Rights Act of 1875, which banned racial discrimination in public accommodations like hotels and theaters.
  • The majority ruled that the 14th Amendment only applied to state actions—not private discrimination—effectively legalizing segregation in private businesses.
  • Impact: This decision gutted Reconstruction-era protections and laid the groundwork for Jim Crow laws. It denied Congress the power to protect Black Americans from private racial injustice.

Concentrating Power, Weakening Checks and Balances

The American system of government is built on the separation of powers, yet the Court has increasingly deferred to executive authority. Rulings that expand presidential powers—such as allowing broad use of emergency declarations or limiting the independence of regulatory agencies—threaten the balance intended by the Founders. By weakening the ability of Congress and federal agencies to act as checks on the executive, the Court risks enabling authoritarian tendencies.  As the Court and Congress continue to cede power, the executive branch is becoming the ruling entity.

Ignoring the Will of the People

Perhaps most alarming is the Court’s apparent disregard for public consensus. Polls consistently show that most Americans support abortion rights, gun safety measures, and environmental protections—yet the Court has issued rulings that contradict these views. With several justices appointed by presidents who lost the popular vote and confirmed by a Senate representing a minority of Americans, the legitimacy of the Court’s decisions is increasingly questioned. When the judiciary becomes disconnected from the people it serves, it ceases to reflect the democratic spirit of the nation.                   

Conclusion: A Crisis of Faith

The Supreme Court was never meant to be infallible, but it was meant to be principled. Its recent trajectory suggests a departure from the ideals that define American democracy: transparency, equality, accountability, and respect for the will of the people. This is not merely a legal crisis, it is a moral one. If the Court continues down this path, it risks becoming an institution that no longer protects the Constitution but instead reshapes it to serve narrow interests. In doing so, it betrays the very ideals it was created to uphold.

T. Michael Smith

Wwwtmichaelsmith.com