By James S. Kor
Re:
1) Questions about legitimacy and integrity of the Court
2) Uniformity of the Court’s position on debt relief
3) Honor, Fundamental Fairness, EQUAL JUSTICE UNDER LAW
It seems obvious that most Americans don’t know or have forgotten about your consistent history of favoring big business and the wealthy. But now, based on the direction some of you appear to be leaning on the issue of forgiving student loan debt, there is the opportunity to present and highlight a very telling contrast. So, with this petition, we question what seems to be your Orwellian, ANIMAL FARM-like idea of EQUAL JUSTICE UNDER LAW; some are “more equal than others?”
The example that follows is merely one of many that indicate some of you are all for forgiveness and lack of accountability—so long as it is for mega-rich corporations like Monsanto, big pharma, big oil, or corrupt prosecutors and judges who violate citizens’ rights in criminal cases (the root cause of the unprecedented and growing epidemic of 
wrongful convictions).
As a result of the EXXON VALDEZ oil tanker spill in Alaskan waters, which devastated wildlife and the environment, EXXON was appropriately saddled with billions of dollars in clean-up costs and also fines that were supposed to have served as a deterrent. Years went by without the fines being paid. People’s memories of the disaster faded. Then, very quietly, without media fanfare and little notice to the public, YOU, the Supreme Court, acted to forgive the remainder of EXXON’s debt; that of the appropriate justice of the fine. To this day it remains unclear HOW justice was supposedly served, HOW the American people were served, HOW the Constitution was served, or HOW that corporate friendly favor you did for EXXON qualifies as EQUAL JUSTICE UNDER LAW.
We think some Americans are finally becoming vigilant enough to ask questions about your integrity and legitimacy. Such as this question: If the millions of good mainstream Americans who stand to get relief from their student loan debt were all stockholders in a big corporation, like EXXON, might your postures and questions, re the issue, be different right now? Hmm.
No obsequios overly deferential bootlicking shyster lawyer would ever dare to publicly rub the Court’s nose in its own self-created, albeit obscure, shame but the litigant in California Supreme Course CASE #S275842 has no qualms about doing so:
Approximately 22 ½ short months after you granted the debt forgiveness to EXXON and its shareholders, the world witnessed yet another catastrophic oil spill. The BP Oil platform blowout in the Gulf of Mexico was caused by the exact same thing as the EXXON VALDEZ tanker spill; the relaxing of supposedly mandatory safety rules.
Regulatory standards, guidelines and Constitutional rights are in place for good reasons. When YOU create your own new history of allowing them to be broken and violated at will, and take all the teeth out of any deterrent sanctions, remove meaningful oversight, YOU are doing two things for certain:
- You assume ownership of and responsibility for the disasters, losses, harm and epidemic of wrongful convictions;
- You are issuing a “green light” invitation for more of the same.
Now? Who had the wise, centuries-long foresight to see not only that such could happen but also HOW it would come about? It would be a filthy slur on his memory were any of you to deny or attempt to downplay the great Alexander Hamilton’s “original intent” for the courts. Important, here, is what he warned future generations about: YOUR incestuous collusion with both the Executive and Legislative branches and overt prostitution of your rulings to corporations and an increasingly extremist religious right are proving how the courts have become dangerous to liberty and the nation.
In the eyes of those of us paying attention, there is no haven of deniability for you. We see YOUR fingerprints all over the following and more:
1) You’ve made political corruption easier (bribery of politicians) via CITIZENS UNITED;
2) You are responsible for the epidemic of wrongful convictions. You are directly complicit in violating citizens’ rights via the Antiterrorism Effective Death Penalty Act of 1996 (AEDPA). Through your supervision of the courts the most powerful and meritorious challenges to the AEDPA’s ‘habeas forms” are being suffocated in their cradles by those lower courts. Why? Because you do know those reforms are unconstitutional; because you wish to maintain the tyranny wrought through them; and because you know you would be forced to strike them down were such a “powerful and meritious challenge” to them be allowed to land in front of you–with the public watching. We know that you, the Supreme Court, are fully aware of the following:
a) Those so-called “habeas reforms” had long-been a pet project of the infamous racist, segregationist, “Dixiecrat” Strom Thurmond;
b) They eviscerated centuries of precedent and jurisprudence pertaining to what better judges than yourselves respected and fiercely defended as “The Great Writ.”;
c) Most damning of all is that you know, you do see, that the AEDPA’s habeas reforms are actually a diabolically camouflaged resurrection of a huge part of YOUR infamous Dred Scott v. Sandford decision. In Dred Scott YOU said that the “Negro has no rights the white man is bound to respect.” And now YOU know the reality is that the state court defendant/appellant/petitioner, most of whom are people of color, have no rights your white man-created system is bound to respect.
d) You know it is a fact that the AEDPA has facilitated the epidemic of wrongful convictions of disproportionate numbers of people of color thus qualifying as “institutionalized racism”;
e) And now you have at least some idea that HISTORY IS GOING TO SHOW the AEDPA’s habeas reforms to have been a racist hate crime masquerading as civilized American law. You already know that good judges have long been saying the reforms are unconstitutional; i.e. the late Justice Stanley Mosk of the California Supreme Court and the NINTH CIRCUIT’s dissenting judges in Crater v. Galaza et al,
NOTE: See CASE NO.S275842 in the California Supreme Court for the example of a powerful,
meritorious challenge to the ongoing institutionalized racism being perpetrated through the AEDPA, WITH THE SUPREME COURT’S COMPLICITY. This is also a case that shows Supreme Court approval of a forced abortion. And for true enlightenment, get and read: “The Complicity of Judges in Wrongful Convictions, by Hans Sherrer.
3) YOU, the Supreme Court, are also responsible for the gutting of both the CIVIL RIGHTS ACT and the VOTING RIGHTS ACT, as part of a racist agenda.
4) As to your recent Dobbs v Jackson Women’s Health Organization, YOU have preemptively sentenced countless unwanted children to miserable lives and to becoming the MOST LIKELY victims of YOUR “clearly established” Dred Scott EQUAL (?) JUSTICE UNDER LAW. Roe v. Wade was not merely a precedent; it was a “superprecedent” (see Black’s Law Dictionary) and that 1973 decision brought about the greatest drop in crime in recorded history. (see FREAKONOMICS by Levitt and Dubner) Fortunately, you have not yet felt the full wrath of 70% of women in America who feel that your Dobbs decision was/is a slap in their faces. Racist? Sexist? Preemptively crippling unborn children? Honorable? Hmmm.
“Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts? I don’t see how it is possible.”
-Associate Supreme Court Justice Sonia Sotomayor
5) The epidemic of mass shootings (44 in the first month of 2023) and WHY, out of all supposedly-civilized nations, the U.S. stands uniquely alone with so much violence an entire society has become numb to it. How are you to blame? First of all, you conduct your charade of justice in a building that advertises “THE” very biggest lie ever told in all the world: EQUAL JUSTICE UNDER LAW. The brand of soap that washes out your collective mouths from that lie is called REALITY:
“A just system of human government is stable. But violence resonates in the unjust system.”
Who in this nation doesn’t know that you’re corrupt; that you lie; that you facilitate wrong being done on the biggest of all scales? Who does not know that judges in America, judges you supposedly-supervise, disregard both the facts and the law when either or both conflict with outcomes they have preemptively decided? Going to the 2+2=4 basics, YOU have too many people in this country becoming aware of these ugly realities, simultaneously. And, on the fringes of these vast numbers of people, there are those who are ACTING on what they’ve construed as an invitation to get satisfact- ion, ANY WAY THEY CAN. (citing the great Justice Brandeis’ dissent in Olmstead).
Too many people are seeing the reality YOU have created where FORCE and MONEY win the day, not rule of law, not fundamental fairness, not justice. For decades, YOU have led the way. You have given tacit approval, implied consent for lying, cheating, violating Constitutional rights and committing criminal offenses in the justice(?) system. YOU have given this power of tyranny to the lower courts, prosecutors, and police and look at what YOUR cowardly gift has wrought, as well as what it has made inevitable; on the immediate horizon. Watch! The chickens are coming home to roost (consequences).
How many times has this entire society been witness to people being WRONGFULLY CONVICTED, BEATEN, or SHOT DEAD by police? Through the decades, how many times has this society borne witness to YOU JUDGES making up some sort of excuse for why wrong done by law enforcement was acceptable? Countless times. 13 shots! 19 shots! 23 shots! 31 shots! 42 shots! 50+! 60+! 70+! 100+ shots fired! WHO started this? Cops.
YOU are the guiltiest of all because the buck was/is supposed to have stopped in your forum. In plain language, you gave prosecutors, cops, and lower courts an inch and they’ve taken a mile, and then some. It did not start with the trend of many shots being fired but with the little things you have trivialized and whitewashed thus building this momentum of far more serious injustices being inflicted. People are witness to this momentum of wrongdoing and virtual non-accountability YOU have set in motion through your expert excuse-making and acquiescence. There is no running from the responsibility; out of sheer cowardice YOU have refused to stand by the Constitution which, in reality, was originally intended to make FUNDAMENTAL FAIRNESS the law of the land.
With the supposedly solemn responsibility of supervision you are fully complicit in every single wrong done by prosecutors and judges in all criminal cases. If they did/do wrong, YOU did/do wrong. That’s the way leadership with integrity and honor works. And good judges from our country’s past, who were raised by good mothers and fathers, AS OPPOSED TO WHAT WE SUFFER TODAY, would agree. Where is our modern-day John Marshall? Benjamin Cardozo? Oliver Wendell Holmes? Or a counterpart for this great judge…:
Our government is the potent omnipresent teacher. For good or ill it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker it breeds contempt for the law, it invites every man to become a law unto himself, it invites anarchy.
-Justice Louis Brandeis, dissenting in Olmstead v United States (1928) 277 U.S. 438
What about right now? What about fundamental fairness for the millions deserving relief, including those who owe on their student loan debts? Chief Justice Roberts? You said the case “presents extraordinarily serious important issues about the role of Con- gress…We take very seriously the idea of separation of powers and that power should be divided to prevent its abuse…” Yet that purported concern is proven completely absent with respect to Congress’ unconstitutional encroachment into the province of the federal judiciary via the AEDPA’s purported “habeas reforms.” The great man whose portrait YOU have in your antechamber, Chief Justice John Marshall, agrees via his opinion in Marbury v. Madison. (as cited and argued in CASE NO. S275842 Calif. Supreme Court) EQUAL JUSTICE UNDER LAW doesn’t have a soundtrack of cowardly deafening silence now: “To sin by silence when they should protest makes cowards of men!-Abraham Lincoln “Who can protest an injustice but does not is an accomplice to the act” -The Talmud
