Supreme Court Justice Clarence Thomas is outraged by Justice Samuel Alito’s leak of the draft opinion to overturn Roe v. Wade. He decreed that the court would not be “bullied.” He is worried that respect for institutions is eroding. Damn straight it is!

This justice knows about bullying since he was at the center of a judicial firestorm in 1991. Anita Hill testified of his sexual bullying at Thomas’ senate confirmation hearing. For me, the confirmation of Thomas was a clear indication that the characters being confirmed for the U.S. Supreme Court had little to do with ethics, justice and upholding the law. The legitimacy of that court went downhill from there.

The anonymously leaked draft is seen by many lovers of the court as an unprecedented breach of decorum. They’re more concerned about the leak than the overturning of a woman’s constitutional right to an abortion. For some, the leak went beyond a staff betrayal of trust. @SCOTUSblog tweeted the leak was a “most unforgivable sin.” I guess like a murder.

The leak to overturn a constitutional right that has been in place for fifty years was a vote of no-confidence. Someone or somebodies had no faith that the court was going to do the right thing by women.

The highest court in the land has not been setting a good example for lower courts. Instead of standing on the principles of judicial fairness and constitutional protection, the court has fallen into the swamp of bias, political partisanship and abuse of power.

Last year, a Gallop poll reported that the public has its own opinion of the nation’s top opinion-makers. The court’s approval ratings had dipped to 40 percent. The public sees the justices as interested in mainly upholding their party’s ideological views rather than being objective legal thinkers who uphold the most just parts of law that will best serve a democracy.

The public is not just disgusted with the courts. That disdain extends to all other branches of government. Our distrust and contempt is justifiable because of the regressive and reckless manner that government has operated in contemporary times. There are little checks and balances between the executive, judicial and legislative. This also includes law enforcement right down to the street cop.

The 44th president did his fair share of dragging all the branches into his swamp. The decorum of these branches has suffered seriously because of their own undoing.There is also the depth of corruption in the executive and legislative branches. We have seen our elected and appointed officials carted off to jail for offenses from bribery to child molestation to embezzlement.

It is truer than ever that there is taxation without representation. African Americans and other oppressed nationalities are forced to put our fate in the hands of the government and other racist institutions. There was a time when it was guaranteed that Black folks would not get justice in this country regardless of the brutal crimes against them. With the pretense of more diversity and more laws, our lives are still at the mercy of the capitalist system.

The high court will waste time trying to find the source of the leak when it should be discussing the motivation behind the leak. The real betrayal is at the government level - a government beholden to a corporate elite. The real question is whether this nation will ever be a government of the people, by the people. The answer is getting clearer.

BlackCommentator.com Editorial Board member and Columnist, Jamala Rogers, founder and Chair Emeritus of the Organization for Black Struggle in St. Louis. She is an organizer, trainer and speaker. She is the author of The Best of the Way I See It – A Chronicle of Struggle. Other writings by Ms. Rogers can be found on her blog jamalarogers.com. Contact Ms. Rogers and BC.

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