An Extended Prologue from my book
This is an extended prologue from my book, A New Democracy, prior to it getting trimmed down for the final version.
High School History Essay, Yorktown High School.
Imani Jones, 2040.
The Decade of Judicial Betrayal: Reflecting on a Dark Era (2012-2024)
This was a period marked by a series of appalling rulings that brazenly eroded labor rights, environmental protections, voting rights, gun control, affirmative action, LGBTQ rights, and women’s rights. The Supreme Court’s actions during this time can only be described as a decade of judicial betrayal—a time when the highest court in the land consistently aligned itself against the marginalized, the vulnerable, and the disenfranchised. Everyone of these decisions were unanimously opposed by the liberal block of 4 or 3 justices, who were reduced to passive observers. And only later did it dawn on them that they were mere pawns, providing a sheen of legitimacy to this brazen attack. The extent of this scheme’s systematic and comprehensive nature was not realized until years later.
Labor Rights: A Savage Assault
The Court's relentless assault on labor rights was nothing short of a travesty.
Wal-Mart Stores, Inc. v. Dukes (2011): This ruling slammed the door on countless women seeking justice for gender discrimination, raising insurmountable barriers for class-action lawsuits. The Court held that the plaintiffs did not demonstrate sufficient commonality among their claims, effectively making it nearly impossible for large groups of employees to band together and challenge discriminatory practices at their workplace.
Harris v. Quinn (2014): By crippling the financial strength of public-sector unions, the Court left home healthcare workers more vulnerable and less represented. The ruling specifically stated that these workers, although benefiting from union negotiations, could not be compelled to pay union dues if they were not union members, thereby undercutting the financial stability of the unions representing them.
Epic Systems Corp. v. Lewis (2018): This decision shamelessly favored corporate interests, forcing workers into arbitration and stripping them of their right to collective legal action. The Court upheld that employers could enforce arbitration agreements that prevent workers from pursuing collective or class-action lawsuits, severely limiting workers' ability to address widespread labor abuses.
Janus v. AFSCME (2018): The Court delivered a devastating blow to public-sector unions, denying them the crucial financial support needed to advocate for workers. By ruling that non-union public employees could not be required to pay agency fees, the Court undermined unions' ability to effectively represent and bargain for all employees, weakening their negotiating power.
These rulings collectively stripped workers of their power, their voice, and their rights, reflecting a Court that placed corporate greed above human dignity.
Environmental Protections: Sabotaging the Planet
The Supreme Court’s contempt for the Environmental Protection Agency (EPA) and its mission to protect our planet was laid bare:
Michigan v. EPA (2015): Forcing the EPA to prioritize costs over environmental and public health benefits, the Court shackled the agency's ability to enforce meaningful protections. The decision argued that the EPA had unreasonably failed to consider the financial costs to power plants in its regulation of hazardous air pollutants, setting a precedent that financial burdens should be weighed more heavily than health benefits.
West Virginia v. EPA (2022): This ruling gutted the EPA's authority to regulate carbon emissions, sabotaging critical efforts to combat climate change. The Court determined that the EPA had overstepped its regulatory authority by attempting to shift electricity generation away from coal to cleaner energy sources without clear congressional authorization.
Loper Bright Enterprises v. Raimondo (2024): By potentially overturning Chevron deference, the Court aimed a dagger at the heart of effective environmental regulation. The Chevron deference allowed agencies like the EPA to interpret ambiguous statutory mandates; its removal would mean courts, rather than experts, decide on technical environmental regulations.
These rulings laid waste to decades of environmental progress, prioritizing corporate profits over the very air we breathe and the water we drink.
Voting Rights: An Affront to Democracy
The Court’s relentless campaign against voting rights protections was nothing short of an affront to democracy itself:
Citizens United v. FEC (2010): By unleashing unlimited corporate spending in elections, the Court sold our democracy to the highest bidder. The ruling argued that corporate funding of independent political broadcasts in candidate elections cannot be limited, as such expenditures are protected under the First Amendment.
Shelby County v. Holder (2013): Striking down vital protections of the Voting Rights Act, the Court enabled a resurgence of voter suppression tactics. The decision invalidated the formula used to determine which jurisdictions required federal preclearance before changing voting laws, arguing that it was based on outdated data and thus unconstitutional.
McCutcheon v. FEC (2014): This ruling further entrenched the power of the wealthy, allowing even greater financial influence over our elections. The Court struck down the aggregate limits on individual contributions to federal candidates and political parties, arguing that these limits violated the First Amendment.
Rucho v. Common Cause (2019): Declaring partisan gerrymandering beyond judicial reach, the Court sanctioned the manipulation of electoral districts for political gain. The majority opinion held that claims of partisan gerrymandering presented political questions that could not be adjudicated by federal courts, effectively allowing states to draw districts to their political advantage.
Brnovich v. DNC (2021): Upholding Arizona’s restrictive voting laws, the Court made it nearly impossible to challenge discriminatory practices. The ruling determined that Arizona’s laws, which included restrictions on ballot collection and out-of-precinct voting, did not violate the Voting Rights Act, setting a high bar for proving discriminatory intent.
These decisions eviscerated federal protections, empowering states to disenfranchise voters and pervert the democratic process.
LGBTQ Rights and Abortion: A Relentless Attack
The Court’s weaponization of the First Amendment to justify discrimination against LGBTQ individuals and roll back reproductive rights was appalling:
Burwell v. Hobby Lobby Stores, Inc. (2014): Allowing businesses to deny services based on religious objections set a dangerous precedent for LGBTQ discrimination. The ruling allowed closely-held corporations to refuse to provide contraception coverage to employees, citing religious beliefs, and laid the groundwork for broader religious exemptions.
Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018): The Court’s ruling favored bigotry under the guise of religious freedom. The decision held that the Colorado Civil Rights Commission had shown bias against the baker’s religious beliefs, allowing him to refuse service to a same-sex couple.
303 Creative LLC v. Elenis (2023): This decision further entrenched the right to discriminate against same-sex couples on religious grounds. The Court ruled in favor of a website designer who refused to create wedding websites for same-sex couples, citing her religious beliefs.
Dobbs v. Jackson Women's Health Organization (2022): By overturning Roe v. Wade, the Court dealt a catastrophic blow to women's reproductive rights, allowing states to impose draconian abortion bans. This decision ended nearly 50 years of federal protection for abortion rights, leading to immediate and severe restrictions in many states.
These rulings enshrined discrimination and stripped away fundamental rights, inflicting untold suffering on LGBTQ individuals and women.
Looking back from 2040, it is painfully clear that the Decade of Judicial Betrayal marked a dark chapter in American history. The Supreme Court’s rulings from 2012 to 2022 consistently favored the powerful over the powerless, dismantling hard-won protections and rights. This period will be remembered as a time when the Court abandoned its duty to uphold justice and equality, instead aligning itself with forces of oppression and discrimination. The consequences of these decisions continue to reverberate in many states of the USA, serving as a stark reminder of the critical importance of a judiciary committed to protecting the rights and dignity of all people.