With all due apologies to Redd Foxx for the title, a case is making its way to the U.S. Supreme Court that will effectively either preserve the Constitution, or kill it.
The case of “Newdow v Roberts” has been blocked in the DC Court on a “standing” issue. To ease the legalese, “standing” questions ask, “Do the people bringing the case have a pot to piss in?” The DC Circuit court said, effectively, “Not if the President is taking the action, because even if you sue the underlings implementing the action and stop THEM, the president is free to choose others willing to do his bidding.” That is, the DC Circuit Court has effectively ruled that the President is above the law.
You can read the 90 page writ of Certiorari for full details, but the challenge right now is this: Will the conservative majority admit that 200 years of precedent argue for reversing this DC Circuit ruling? One might ask, “Why in God’s name wouldn’t they?” You would have answered your own question , because it’s “God’s name” that the actual case is about… and if they reverse THIS ruling, they will open the door for a re-hearing of other similar cases recently dismissed by the Supreme Court on tortured “standing” rulings. These include cases asking if the government is in violation of the Establishment Clause of the first amendment: in using the phrase “In God We Trust” on money, “Under God” in the pledge of Allegiance, “So Help Me God” in the Presidential oath of office? Is the President violating the Establishment clause by creating The Office of Faith Based Initiatives? Is the Presidential declaration of a “National Day of Prayer” a violation (See FFRF v. Obama)?
The Supreme Court is loathe to lick the frozen flag pole that is “separation of Church and State” even when the likes of Newdow and the FFRF repeatedly triple-dog-dare them to do so. Spurned by “standing” issues repeatedly, Newdow is now going directly after this arcane bit of obfuscation and DARING the Supreme Court to ignore itself and uphold the lower court ruling.
So this gets VERY interesting: The particular ruling is about a case (Newdow v. Roberts) that just happens to be challenging the inclusion of God in American government… something the conservative majority seems to want very much, judging by its use of “standing” technicalities in so many religion based cases. However, the ramifications of upholding the DC Circuit Court’s decision is that it gives the President carte-blanche to do anything, with no right of review for the same reasons of “redressibility” brought up in Newdow v. Roberts. If not overturned, the president will have no restrictions on his actions, not even constitutional, legal precedent.
Stay tuned…America will live or die by the result… because when the President does not have to answer to anyone for his actions, we no longer have a government with checks and balances. We have a rotating King-ship.