The supposed clash between liberal and conservative judges is largely a fiction. The judiciary, despite the Federalist Society’s high-blown rhetoric about the sanctity of individual freedom, is a naked tool of corporate oppression. The most basic constitutional rights—privacy, fair trials and elections, habeas corpus, probable-cause requirements, due process and freedom from exploitation—have been erased for many, especially the 2.3 million people in our prisons, most having been put there without ever going to trial. Constitutionally protected statements, beliefs and associations are criminalized. Our judicial system, as Ralph Nader has pointed out, has legalized secret law, secret courts, secret evidence, secret budgets and secret prisons in the name of national security.
Our constitutional rights have steadily been stripped from us by judicial fiat. The Fourth Amendment reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Yet our telephone calls and texts, emails and financial, judicial and medical records, along with every website we visit and our physical travels, can be and commonly are tracked, recorded, photographed and stored in government computer banks.
The executive branch can order the assassination of U.S. citizens without trial. It can deploy the military into the streets to quell civil unrest under Section 1021 of the National Defense Authorization Act (NDAA) and seize citizens—seizures that are in essence acts of extraordinary rendition—and hold them indefinitely in military detention centers while denying them due process.
Corporate campaign contributions, which largely determine who gets elected, are viewed by the courts as protected forms of free speech under the First Amendment. Corporate lobbying, which determines most of our legislation, is interpreted as the people’s right to petition the government. Corporations are legally treated as persons except when they carry out fraud and other crimes; the heads of corporations routinely avoid being charged and going to prison by paying fines, usually symbolic and pulled from corporate accounts, while not being forced to admit wrongdoing. And corporations have rewritten the law to orchestrate a massive tax boycott.
Many among the 1 million lawyers in the United States, the deans of our law schools and the judges in our courts, whether self-identified liberals or Federalist Society members or supporters, refuse to hold corporate power accountable to the law. They have failed us.