To rework Simon and Garfunkel’s, Mrs Robinson: “a nation turns it lonely eyes to you”.
And The Supreme Court turned away and squibbed it.
What a gaggle of milquetoast mediocrities they turned out to be in this hour of greatest need in the national interest of the United States
Confronted with probably the greatest constitutional crisis since the Civil War, SCOTUS simply wasn’t up to the task and took a dive on the basis of the lame technicality of “standing”.
The damage done to their own standing and their own integrity by metaphorically hiding under their desks is incalculable.
What purpose does the Court serve if it fails to act in a constitutional crisis such as this and of this scope, dimension and magnitude?
As Hillel the Elder queried: “If not you, who? If not now, when”?
The courts own integrity aside, what does this non-decision do for certainty with the underlying facts of the case still there and unresolved?
The critical error here is that not acting at all is worse than a decision either way with the ramifications in terms of the precedent set for activist state courts and individuals to go rogue in the future and act unilaterally and unconstitutionally as they have on this occasion, will be immeasurable.
History will judge the judges harshly. The black robes are little more than Kabuki theatre and the impressive Corinthian columned portico of the Supreme Court in DC betrays little more than a flimsy Potemkin village.