Features
The Worst Rulings of the Supreme Court in the History of the USA
by Vijaya Chandrasoma
The Supreme Court of the United States of America is the highest court in the land, entrusted with ensuring that legislation is faithfully interpreted and enacted according to the Constitution, in word and in spirit.
The Court is presently comprised of nine Justices, nominated by presidents of the United States. As presidents are assumed to be elected by a majority of the nation, it is assumed that the Court also represents the will of that majority.
Unfortunately, that is not the case with the current Supreme Court. Five of its Justices were appointed by two presidents who won the presidency with a minority of the electorate.
George W. Bush won the presidency in 2000 with a majority in the antiquated Electoral College but a minority popular vote of over 500,000. Trump also won the presidency in 2016 with a majority in the Electoral College, but a minority popular vote of over three million. In any other election in the world, and in any other election in the USA, from dog-catcher upwards, Al Gore and Hillary Clinton would have been declared the winners of the presidency in 2000 and 2016, respectively.
Bush appointed two Justices to the present Court. Justice John Roberts in July, 2005 on the retirement of Sandra Day O’Connor. Roberts was subsequently appointed Chief Justice on the death Chief Justice William Rehnquist, who was replaced in January, 2006 by Justice Samuel Alito. Predictably, these new Justices were members of the Republican Party, with opinions tempered with traditional conservative values.
Trump appointed Neil Gorsuch to replace Antonin Scalia in 2017, Brett Kavanaugh on the retirement of Justice Kennedy in 2018 and Amy Coney Barrett on the death of Justice Ruth Bader Ginsburg in September 2020. All these Justices are light on judiciary qualifications and experience, but espouse the new, hardly traditional, radical right, Evangelical opinions of Trump’s Republican Party.
The sixth Republican Justice of the Court, African American Clarence Thomas, was appointed by the older Bush in 1991.
The Supreme Court has made several rulings in its history, based on politics, against the Constitution and the will of the people. The most egregious of these rulings are:
The Dred Scott ruling of 1857
The Dred Scott decision in 1857 was the Supreme Court ruling that “African Americans could not be citizens of the United States, and therefore, had no standing in the US legal system, and the federal government had no authority to regulate slavery”. Chief Justice Roger Brooke Taney’s ruling “ignored precedent, distorted history, imposed a rigid rather than a flexible construction of the Constitution, ignored specific grants of power in the Constitution, and tortured meanings out of other, more obscure clauses”.A description which perfectly defines the recent decision of today’s radical right, Evangelical Supreme Court, overturning the rights of reproductive freedom granted to all women.
President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, as the nation approached its third year of bloody civil war. The Proclamation essentially declared that “all persons held as slaves” within the rebellious states “are, and henceforward shall be free”.
The civil war ended in 1865 with the victory of the Union forces, at an estimated cost of 620,000 lives. Although four million Black slaves were granted their freedom, the Proclamation did not end slavery, but it “captured the hearts and imagination of millions of Americans and fundamentally transformed the character of the civil war”.
The hard-fought freedom achieved by the Union victory was freedom in name only, devoid of any vestige of equality. From 1865, “freedom” was subject to the racial ravages of Reconstruction, with restrictive laws designed to limit the freedom of the slaves. Reconstruction was followed by nearly a century of Jim Crow laws, which mandated legal segregation of the races.
Martin Luther King’s 1963 dream that the “momentous decree” of the Emancipation Proclamation “came as a great light of hope to millions of Negro slaves who had been seared under the flames of withering injustice. It came as a joyous daybreak to end the long night of their captivity”. However, that “joyous daybreak” took over 100 years to see the light of day, in the form of the Civil Rights Act of 1964.
His dream of “the day my four little children will one day live in a nation where they will not be judged by the colour of their skin but by the content of their character”, has only dawned in the legal sense. The “flames of withering injustice” of racism remain unfettered in the hearts and minds of a significant section of white America.
The Anti New Deal Laws (specifically the Social Security Act) of 1937
Franklin Delano Roosevelt won his second term in 1936 with, according to the New York Times “the most overwhelming testimonial of approval ever received by a national candidate in the history of the nation”. However, the election victory was tempered with a great fear that a hostile Supreme Court would vote to invalidate Roosevelt’s New Deal – a set of progressive programs designed to provide a safety net to those adversely affected by the Great Depression, and to initiate progressive legislation to improve the national economy. Specifically, the Supreme Court declared that the Social Security Act was “unconstitutional”.
Roosevelt decided not to undertake the arduous task of a constitutional amendment to pass his programs, which would have been possible given his vast popularity in Congress and the nation. In his opinion, it was not the Constitution that needed change; it was the Composition of the Supreme Court which would best allow him to continue the programs of the New Deal.
In February, 1937, Roosevelt asked Congress to empower him to appoint up to six more Supreme Court Justices, ostensibly to strengthen an aging Supreme Court. “Life tenure” argued Roosevelt, “was not intended to create a static judiciary. A constant and systematic addition of younger blood will vitalize the courts”.
Roosevelt’s plan touched off a grim struggle among the three branches of government. “If Roosevelt won”, opponents warned, “he would destroy the independence of the judiciary and create an evil precedent for successors who wished to ‘pack’ the Court”. If Roosevelt lost, his supporters countered, “a few judges appointed for life would be able to ignore the popular will, destroy programs vital to the welfare of the people, and deny the president and Congress the powers exercised by every other government in the world”. Both opinions have been proved to be valid, even complementary.
However, the latter opinion is particularly relevant to the current Supreme Court, which aims to “destroy programs vital to the welfare of the people” and so deny President Biden his powers to carry out his programs of progressive legislation. These include repairing of crumbling physical infrastructure of the nation, taking necessary steps to combat climate change, and enhancing the social safety net of those Americans who are most vulnerable.
Although the composition of the Supreme Court has been preserved, Roosevelt’s veiled threats to pack the Court staved off the invalidation of the Social Services Act and other progressive reforms. Roosevelt claimed that he “may have lost the battle, but he had won the war”.
That he did. His “socialist” programs continue to provide a limited social safety net to all Americans today.
The Overturning of Roe v. Wade in 2022
The current Supreme Court, with its 6/3 radical right majority, overturned Roe v. Wade, the 1973 ruling granting reproductive freedom without government restrictions to all women. Roe v. Wade has been reconfirmed in the last 50 years by numerous subsequent Supreme Court rulings, and was considered to be the law of the land, popular with over 80% of all Americans.
The present Court threatens to make even more inroads to recently passed progressive legislation. Justice Clarence Thomas recently stated that the Court is taking a second look aimed at scrapping rulings that protect contraception, same-sex marriage and same-sex sexual activity. Even the Voting Rights Act of 1965 and the Civil Rights Act of 1964 are on the list of endangered legislation.
President Biden does not enjoy the popularity FDR enjoyed in the 1930s, although he did inherit an economy approaching recession caused by the Covid epidemic, which had been criminally mismanaged by the Trump administration. The economy has also been hit by the military assistance given to Ukraine to help a sovereign nation combat illegal invasion by Putin’s Russia, now globally described as a “terrorist government”.
The economy of United States is going through a period of near recession and unprecedented inflation, global problems which will be solved in the fullness of time. Biden’s presidency has brought fresh air of decency and integrity to the White House, compared to the stench of vulgarity, corruption and treason of the previous administration. Biden’s previously low popularity ratings have shown significant increases in the past few weeks. If the midterms were held today, most polls indicate that the Democrats lead the Republicans by seven to ten percentage points.
There are a couple of silver linings in these very dark clouds. Recent events indicate that Trump may be losing his stranglehold on the Republican party. His erratic, often maniacal behaviour and the irrefutable evidence emerging of his complicity in the January 6 coup, have the majority of the party questioning if his involvement in the November midterms would not be a liability. As Deputy Chairperson of the January 6 Committee, Liz Cheney said, “it is impossible to support both Donald Trump and the Constitution”.
A viable alternative for Republican leadership, of similar radical right persuasion but more educated and presentable, also seems to be emerging in the persona of Florida Governor, Ron de Santis.
The unpopular reversal of Roe v. Wade, which guaranteed reproductive freedom to all women in America, will take millions of votes away from the Republican Party in the midterm elections in November.As will the Independence Day mass shooting in Highland Park, Illinois, where seven people were killed and over 30 wounded by a 22-year-old white shooter armed with an AR 15 automatic rifle. The killer is in custody and faces seven murder and numerous other charges which will keep him prison for life. This tragedy marks the 314th mass shooting in the USA for this year alone.
Republicans keep blocking meaningful gun control regulations, including a total ban on military style assault rifles. Controls favoured by over 80% of the American people.These two factors – anti-abortion laws and the refusal to enact stringent gun control laws – may help Democrats get the majority they need in Congress in the midterms to address the real problems facing the nation. If the Republicans gain control of Congress, they will surely resume their down-slide on the slippery slope to a Theocratic Autocracy.
Proving the age-old platitude: Nations get the leaders they deserve.Of course, before, during and after the midterms, Trump and his hard-core cult will never give up on their aspirations for the perpetuation of white privilege. Nor will they tolerate the imminent arrest of Trump and/or his enablers, even in the face of undeniable evidence of their complicity in the January 6 coup. These thugs will “not go gentle into that good night”.
The USA may see violence surpassing that suffered during the civil war, in the next few months, until and unless the epidemic of Trumpism is finally stamped out. And this time, these home-made, white supremacist terrorists will be armed not with muskets and bayonets, but with military style killing machines.
by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka
When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.
Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.
Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.
Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.
The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.
This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.
Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.
This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.
Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.
by Fr. Emmanuel Fernando, OMI
Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.
It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.
Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.
Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.
Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.
Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.
Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.
Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.
In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.
Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.
Sri Lanka-Singapore Free Trade Agreement
By Gomi Senadhira
senadhiragomi@gmail.com
“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech
Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).
It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.
Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.
However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.
1. The revenue loss
During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.
The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”
I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.
As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!
Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”
If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.
Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.
Investment from Singapore
In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.
And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.
I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”
According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!
What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).
However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.
Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.
That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.
The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?
It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.
As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.
(The writer, a specialist and an activist on trade and development issues . )
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