Thank you!
Your support is sustaining the future of local news in our communities.

Court tests meaning of equal justice

“We want a Supreme Court which will do justice under the constitution – not over it. In our courts we want a government of laws, not of men.”
Franklin D. Roosevelt

John Roberts was nominated to replace Sandra Day O’Connor as a justice on the Supreme Court in July 2005 – three days later Rehnquist died and Roberts was nominated for Chief Justice as his replacement. The most vocal Democratic resister to Roberts’ confirmation was the new Senator Barack Obama who contested that though Roberts would be unquestionably qualified for 95 % of Supreme Court cases, he would be lacking for 5% of cases requiring depth and width of empathy – Roberts was for the strong over the weak. Roberts was confirmed 72 – 22. Four years later, January 20, 2009, Roberts bungled the Presidential oath of office at Obama’s inauguration, the oath was redone on January 21. Both men had been president of the Harvard Law Review – Roberts in 1978 and Obama in 1990.

In 2005 the Supreme Court enjoyed approval ratings over 60% - comfortable, respectable. In 2026, their approval rating is 42%, disapproval 57% - nearly a full reversal. The Court has lost the trust of a majority of the nation, 69% are in favor of term limits for Justices versus lifetime appointments. The stability of the law is in question. Many cases have been overturned, some cases have been decided with extraordinary outcomes for money in elections, for immunity from prosecution for the executive.

In 2010, the Supreme Court announced a decision, so contentious that it had to be re-argued, that overturned bans on corporate independent expenditures to favor unlimited corporate expenditures in elections. In 2016, total expenditures on Presidential and Congressional elections was up from $7 billion in 2008 to $18.3 billion boosted by super PACS and dark money whose donors were non-disclosed. Citizens United v. Federal Election Commission has transformed campaigns and impacted election outcomes. The Roberts Court ruled 5-4 with Roberts writing the opinion.

Voting rights have been struck down by three Supreme Court cases: Shelby County v. Holder (2013), Students for Fair Admissions v Harvard (2023) and Louisiana v. Callais (2026). The first decision eliminated requirements that certain states with histories of discrimination obtain federal preclearance before changing their voting laws. The Harvard case bans Affirmative Action for admissions. The final Louisiana decision limits the Voting Rights Act.

Roberts in his opinion in 2013 wrote: “The conditions that originally justified these measures no longer characterize voting in the covered jurisdictions.” The Roberts Court ruled 5-4 then 6-3.

Dobbs V Jackson Women’s Health Organization overturned Roe v Wade reaffirmed by the Supreme Court on four occasions. The Roberts Court ruled 6-3 with a scathing majority opinion written, leaked by Samuel Alito. Abortion is favored by 80% of Americans.

The nation continues to reel as the Supreme Court ruled that all former presidents possess absolute immunity for their core constitutional powers and immune from all official acts. The decision is broadly opposed as it undermines the principle that no one is above the law. The Roberts Court ruled 6-3 with the majority opinion written by Roberts.

Supreme Court overturned decisions have also impacted guns as well as the separation of church and state. An unusually high quantity of case have resulted in “shadow docket” findings which have no vote by the Justices, no explanation, no opinion. Additionally, the Supreme Court has overturned a surprising number of lower courts decisions in favor of the current administration.

The conclusion of the 2025-2026 Supreme Court season is upon us. Expected is another major decision regarding birth right citizenship now guaranteed in Section 1 of the 14th Amendment. Unexpected may be the unfurling of a gigantic Trump poster on the Supreme Court’s 92-foot “greek-temple” on First Avenue in DC. The Trump poster currently on the DOJ is 88 feet long – so a duplicate fits here even though such a Trump image would cover the west facade’s declaration of“ Equal justice under law.” Not all would be bothered or even notice.

“Members of the Supreme Court have lifetime tenure because they’re not suppose to do politics.”
Ben Sasse

Kathy Herald-Marlowe lives in Sharon.

The views expressed here are not necessarily those of The Lakeville Journal and The Journal does not support or oppose candidates for public office.

Latest News

Francis Lynehan

Francis Lynehan

DOVER PLAINS — Francis “Butch” Lynehan, 75, a twenty-year resident of Dover Plains, New York, formerly of Sharon, passed away unexpectedly on Thursday, May 7, 2026 at Vassar Bros. Medical Center in Poughkeepsie, New York.

Born Aug. 29, 1950, in Sharon, he was the son of the late William W. and Nellie (Kluun) Lynehan.

Keep ReadingShow less

Richard McGriff

Richard McGriff

TACONIC — Richard McGriff died unexpectedly on May 16, 2026. This is a collection of loving reminiscences.

With a smile like that and a laugh like that and a soul like that, how could you not love him? Macey Levin and Gloria Miller

Keep ReadingShow less
Juneteenth graduation celebrates Berkshire’s next generation of leaders

Cohort 2026 members Abigail Horace, Adam Liccardi, Adrian Lynch, Cameo Brown, Chauncey Dozier, Claudette Grant, Erline Saintilet, Harmony Edwards, Kamayue Gomes, Mackenzie Colvin, Otis West, Shadre Domingo, TJ West and Tyeesha Keele-Kedroe and Blackshires’ leadership team John Lewis, Patrick Danahey, Dubois Thomas and Julie Haagenson gather at the Blackshires City Hall Fishbowl alongside Mayor Peter Marchetti and city officials Michael Obasohan, Brandon Gill, Katherine VanBramer, Heather Brazeau, Justine Dodds and Jesse Tobin McCauley.

Provided

When designer Abigail Horace joined the Blackshires Leadership Accelerator, she was looking for support as the founder of the Black Berkshires Social Club, which creates culturally grounded social spaces for Black and BIPOC residents in the region. What she found was something deeper: a community of peers invested in one another’s success.

“Finding Blackshires has been transformative,” Horace said. “Being a BIPOC founder in this region can feel isolating, and this community has changed that. They see my work, champion my business and have opened doors I couldn’t have opened alone.”

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Forged by curiosity: Art, craftsmanship and big fun with Izzy Fitch

Izzy Fitch at Battle Hill Forge in Wassaic.

Madi Long
I’m not really inventing anything new. I just tweak it a little bit.— Izzy Fitch

A steel praying mantis stands among garden accents at Battle Hill Forge in Wassaic, its folded forelegs ready for prayer and mischief in equal measure.

“She’s very nice,” said blacksmith, sculptor and Battle Hill Forge owner Izzy Fitch, patting the giant insect affectionately. Then he added, “Just don’t go out to dinner with her.”

Keep ReadingShow less
Unexpected subjects, familiar beauty in new Kent exhibits
Millerton-based artist Alexis England with her flamingo and mandrill portraits at Peggy Mercury in Kent.
D.H. Callahan

Kent Barns was alive with art on Saturday, June 13, as three new shows opened at Peggy Mercury and Kenise Barnes Fine Art, featuring a variety of fascinating paintings and drawings from four local artists.

Peggy Mercury, which in just two years has earned a reputation for curating remarkable collections of fine beauty products and accessories, continues to find exciting art to complement its offerings. The new show, “Portraits,” features four pairs of paintings by Millerton-based artist Alexis England. The “portraits” she paints, however, feature some pretty unexpected sitters.

Keep ReadingShow less
Stonewood Farm launches chefs in residence program
Jocelyn Ueng is the first Chef in Residence at Stonewood Farm.
Provided

Stonewood Farm in Millbrook is expanding its educational and community food programs this summer with the launch of a new Chefs in Residence program, an eight-week immersion that brings culinary professionals to the nonprofit farm to live, cook, teach and work alongside farmers.

The program is led by Kristen Essig, Stonewood’s director of culinary outreach and development, an award-winning chef whose background includes work with Emeril Lagasse and multiple James Beard Award nominations.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.