The Republican Supreme Court Gave Us The Police State

January 18, 2018

When the US Supreme Court consisted of civil libertarians such as William Douglas, William Brennan, and Thurgood Marshall, Republicans argued that the Supreme Court was coddling criminals and inventing rights. To prevent legislation from the bench, it was necessary, Republicans said, to elect Republican presidents who would appoint a different court that would respect the Constitution.

Law and Order Conservatives were particularly upset by the Miranda decision. These conservatives were too naive to realize that often police are more interested in “solving” a case than they are in justice. Coerced self-incrimination was an easy way for police to “solve” a crime. Miranda and other rulings reduced the ability of police and prosecutors to “solve” crimes at the expense of the rights of suspects. What the “liberal court” did was to hold accountable the cases brought by police and prosecutors. The liberals’ mistake was they failed to hold the police personally accountable for their misdeeds.

The Republicans did give America a different Supreme Court and also different district and appeal courts. Rulings by Republican judges have stripped the Bill of Rights out of the Constitution and made police unaccountable for murder and robbery. In effect, the Republican jurists have turned the police into a criminal organization that is above the law. John Whitehead lays it out for us here.

The Best of Paul Craig Roberts

Paul Craig Roberts was Assistant Secretary of the Treasury in the Reagan administration, associate editor and columnist for the Wall Street Journal, Business Week’s first outside columnist, columnist for the Scripps Howard News Service, contributor to the editorial page of the Los Angeles Times, and columnist for the main French and Italian newspapers, and for Creators Syndicate in Los Angeles. He served in numerous academic appointments in US universities and was  appointed to the William E. Simon Chair for Political Economy at Georgetown University’s Center for Strategic and International Studies where his colleagues were Henry Kissinger, Zbigniew Brzezinski, James R. Schlesinger (one of his former professors), and Chairman of the Joint Chiefs of Staff Adm. Thomas Moorer. His article, “How the Law Was Lost,” was published in the January 1999 Cardozo Law Review.