Friday, September 25, 2020
Where Is There Balance on the Supreme Court? by Dr. Ada M Fisher
The
most real issue to be considered by a conservative majority court will again be
that of the legality of abortions. If
precedent is followed, it is doubtful whether the allowance for abortions will
be overturned. What likely may happen is that
an appreciation for the fact that legally such procedures may be allowed as
necessary within the purview of medicine, but the government is under no
obligation nor are health insurance companies to pay for elective
procedures.
An
underlying question for the court is one regarding the lack of diversity on the
bench. The majority of its members are from the
Ivy League educational bastions. If another
Catholic is appointed to SCOTUS, a religious’ majority will truly exist whose
inherent teachings are at times at odds with the US Constitution. This issue came to the fore when John F. Kennedy
sought the presidency and now raises its head in a different manner. If a woman is appointed, the makeup of the court
will remain 3 women and 6 men when the population is approximately 50:50. If a black person is chosen, though it might be
wonderful to have a black female voice, the fact that the Hispanic population
now theoretically exceeds Blacks as a group. And if qualifications alone are an issue, the
reported discrimination against Asian Americans in admission to Ivy League
schools and other prestigious universities smacks of discrimination against
possibly some of our best judicial minds.
Though
it might be nice in the minds of some to cater to the needs for representation
from all segments of our population, Aristotle noted “The law is reason free
from passion…Man, when perfected, is the best of animals, but when separated
from law and justice, he is the worst of all.” Ideally in this nation, the law should be equal for
all and must be free from bias while following the US
Constitution.
The
rules of engagement give the President the right to appoint who he may like as a
Justice of SCOTUS with the advice and consent of the US Senate. The time frame
is of his choosing and should not be based on political considerations, which
will not likely happen.
The
Senate should judge the appointees based on qualifications to render an opinion
of our adherence to the constitution not legislate from the bench. The exegesis of the world with a technology which
exceeds the concepts in the law says it might also not be unrealistic to seat a
philosopher, scientist, engineer or other purveyor of this very real world as
well as that which may lie beyond under consideration. There is no law stating that a Justice has to be a
lawyer and given the law clerk system of the court, any range of people should
be able to competently serve at that level.
The
notorious Ruth Bader Ginsburg is the second woman to lie in state at the Capitol
Rotunda thereby following the legacy of the infamous Rosa Parks in 2005. In sitting for just causes, they have stood up for
justice and equality at its best.
What
the court looks like is a viable consideration in election politics but such
should not hinder moving forward with the process of filling judicial seats once
they become vacant.
Ada M.
Fisher, MD, MPH is a former Medical Director in a Fortune 500 company, licensed
teacher, retired physician, former county school board member, speaker, author
of Common Sense Conservative Prescriptions Good for What Ails Us Book 1
(available through Amazon. Com) and was the NC Republican National
Committeewoman (2008-2020).
