With the riddance of Donald Trump many may think the fascist threat to America is over. Think again! It is still alive and well even in DC. My exhibit A is the current Supreme Court majority.
Trump (with the assistance of evil master of the Senate, Mitch McConnell) was able to place Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett on the Court during his single term. The net result when you combine this trio with Clarence Thomas and Samuel Alito (occasionally adding Chief Justice John Roberts) is an extreme right wing Court majority with a definite fascist streak.
Much press and attention are being given to the Court’s trampling of women’s and voters’ rights, and deservedly so. However, their evil deeds will not end there. They are well on their way to turning the police forces into a modern day American version of the Gestapo. It is getting precious little attention but left unchecked this Court will obliterate the Exclusionary Rule.
The first reaction of the majority of Americans is, “The what?”. That is the same reaction they had to the Emoluments Clause and look what Trump, America’s first wannabe fascist president, did to that. In a thumbnail the Exclusionary Clause says that evidence obtained illegally is not admissible in Court. Right wing justices have been chipping away at that for decades and with a solid radical right wing majority I expect it to fall completely. This is a complete affront to the Fourth Amendment’s guarantee against unreasonable search and seizure.
Left unchecked Americans will be left in a situation where police can simply enter any home, office, vehicle etc. without warrant or probable cause and seize anything they desire using it as evidence in court. For the non-whites with few economic resources, we are perilously close to that situation already.
Already the Court has put qualified, let alone absolute, immunity in a position over the Constitution itself. It is close to impossible to legally punish a police officer or government official for the actions they take as part of their job regardless of the legality of said actions. I thought personal responsibility was part of conservatism. Guess I’m guilty of believing the rhetoric.
I am not a lawyer. In fact, I never even attended law school. This topic is much more complex than I can cover in a short article. If you are interested in a much more in depth discussion of this and related topics I strongly recommend that you read Erwin Chemerinsky’s recent book Presumed Guilty.
Fascism is alive and well and still powerful in DC. Remember who gave it life when you vote in the future.
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