(extracted from the rambling version that includes “how we play chess”)
Justice and the Course of History
And so now I will attempt to briefly set down my idea that could practically be accomplished right at this moment – depending on whether the U.S. Supreme Court could be persuaded to address the issue, which I believe they very well could be persuaded to do – of how we go about altering the course of human history.
Making a fairly simple change in argument via the lawsuit brought by appellees Sarsour, et. al. on the lawfulness of Trump’s “Muslim Ban” and seeking leave of the court to address a broader question of whether or not the courts should take international law more into account, something they actually already do – and how much they should take international law into account – including treaties and conventions of long standing recognition in the U.S. courts, up to and including the United States Supreme Court, we who believe in justice and humanity have a path available to us that could very well alter the course of humanity.
If there is anyone out there besides me and the set of lawyers who appear in front of SCOTUS in a near continual loop who still watch the Supreme Court and its jurists on a regular basis they will understand immediately why this is, quite truly and without hyperbole, a very, very real opportunity to alter everything. To change the future of the world.
And for those who do not watch these justices and want a head start, hint: his name is Justice Breyer.
But not only Justice Breyer. This court, as now comprised, despite the usual “liberal”/”conservative” labels, has quietly been doing some truly extraordinary things in the past 11 months. This court has surprisingly coalesced in ways I never thought possible. Hell, Justice Thomas read two opinions from the bench a few months back, and to be honest, I was not at all sure that Justice Thomas even had use of his voice box anymore. But the women up there are insanely brilliant, and both Justice Alito and Chief Justice Roberts have surprised me not only in many rulings of late, but perhaps more importantly, in many of the questions they’ve asked from the bench; questions that demonstrate beyond all doubt that in issues of human rights, both at home and internationally, they care deeply about justice and fairness and rule of law and that they understand the gravity of this moment in history and their place in it.
In fact, I say here now that everyone out there working on outdated assumptions about these justices need to come full stop and give these men and women a fresh start. We expect them to be fair minded and I am saying, as a vulgar, shock-loving heretic of all things, that it is our burden – BURDEN – as people of conscience, to now give the same measure of justice, fairness, and humanity we wish to receive to those from whom we fervently hope to receive it. I do not say that we should do it uncritically or that we might not, after an unprejudiced look, decide that they have not done their duty as arbiters of justice. All I say is that, not from some delusional wish or blind faith, but instead a wealth of experience in the weeds of this court – and not just as it is now comprised but historically as well – that these justices look poised to take on the most important issues that have ever faced that court, issues that will surpass the importance of everything else they have ever considered, because they will not only effect human and civil rights here but also internationally.
I hope that faith is not in vain.
Now, go play chess.
Just P.S., I want David C. Frederick to argue this. And my reasoning is simple: he rocks. My new favorite SCOTUS case, feat. David C. Frederick, is UNIVERSAL HEALTH SERVICES, INC., Petitioner v. UNITED STATES AND MASSACHUSETTS, EX REL. JULIO ESCOBAR AND CARMEN CORREA, Respondents – the link contains both the original oral argument and the unanimous opinion read from the bench by Justice Thomas (!!!)
Over the past five days things have progressed, as I expected, quite rapidly. It was inevitable that this would go before SCOTUS.
I have some really excellent crowdsourcing ideas that I will delineate later.
There is work to be done.