The new Supreme nomination reminds me again of a perception problem in our country. At some level, most of us are raised to assume that our laws are neutral, and exist to achieve justice. Unfortunately, this is just another lie they tell us in school, and it exists to allow some people to hold power over us. “Law as justice” is simply not true, and the fact that many of us desperately want the law to be just (or assume that it is) often stands in the way of real justice. And worse yet, the law is not infrequently used as a tool of power by those who understand what it really is.

Before going any further on the political ramifications here, the proof that “law = politics” is really quite simple. Who makes laws? Politicians. Who enforces laws? Politicians and political appointees, and those who work for them (police, judges, bureaucrats, etc.) Why is it that we think that most people (esp. politicians!) are out for their own good, and yet somehow magically when they make laws or appoint judges (etc.), they are thinking about justice? The answer is simple: they are not. Law is simply another extension of political power. Those who make the laws are establishing a system of power with a political bias. Those who enforce the laws are acting within that system – they may perpetuate it, or sometimes try to reverse it, but they are also showing political biases.

An example: why is it that a white male can walk through Walmart with an assault rifle on their shoulder and not be arrested, or if they are they are typically politely questioned. And a black male in the same circumstances? On the ground if they are lucky. Or in jail. Or dead.  These are examples of those who enforce the law interpreting it, and exercising power over us when they do. More simply, when you are in a 55mph speed limit zone, how fast can you go around a cop without getting a ticket? 58? 62? Does the color of your car matter? Male or female? Color of your skin?

Also, please note that I’m not suggesting that laws completely IGNORE justice either. Some laws, particularly those around basic public safety, are reasonably just. If you steal something, you should get arrested/punished. But even here there is a lot of political leeway. Take Three Strikes laws that were popular over the last 20 years. Why is it that someone who steals 3 candy bars on 3 separate occasions goes to jail for a LONG time, while a white collar thief who steals millions from investors may never see prison, or does a year or two in club Fed? This happens because those making the laws favor a certain group of people, and disfavor others.

In case you aren’t getting the picture here – one of the ways that those with money express their political power is by encouraging the passage of laws that focus on punishing those who don’t have money, and not punishing (or slapping the wrist) of those who do. In some cases the laws even look the same, but there is an understanding that those who can afford a good lawyer (as opposed to a cheap lawyer or public defender) are more likely to walk free. Our laws also tend to have a racial bias, not written in to discriminate, but based in how the law is exercised and what socio-economic class laws target.

So law = politics = power, which brings us back to the latest Supreme Court nominee. From what I’ve seen so far, Judge Kavanaugh is one of the most political judges to be nominated to the court in my lifetime. He has a long track record going back to the Clinton impeachment and the Florida case that decided the Bush/Gore election, and he is on record with many highly politicized legal opinions. This is outside of the norm, but frankly I think most judges just hide it better, again because the public likes to think that our judges are at least somewhat neutral.

I’m not necessarily criticizing the Kavanaugh pick here (he’s a terrible choice from my perspective, more on that later), but rather suggesting that those on the left who think that picking judges is NOT all about politics need to get their heads out of their asses!

This is a place where the GOP, including the Christian Right, has once again clearly won. I would suggest that Dems and those on the left don’t focus anywhere near enough on judges, and this has set up the current situation with Trump getting at least two Supreme Court picks, and MANY more federal judges. Packing the bench with judges who support your political position is a part of the power game, and the GOP has played it well.

Democrats – and the country as a whole – need to stop pretending that justice is neutral. The President just made a DEEPLY political choice in nominating Kavanaugh, and the Senate will make a DEEPLY political choice in confirming him (or not). And his rulings will absolutely be POLITICAL. If he says he’s an “originalist,” that’s a POLITICAL position. Nothing in the constitution (a political document written by politicians) says that only certain rulings are allowed. When judges make decisions (at any level) they are interpreting the law — and they use their own personal bias in that interpretation. Some judges may certainly CHOOSE to try to be neutral, and I applaud them. But even then, ti is that judge’s interpretation of “neutral,” not some objective standard. Law is a political game. And those who choose to play the game are playing to win.

The GOP has been playing the long game here. It’s time for those of us who oppose their politics to wake up and get back in the game.

Bottom line: if we REALLY want justice, we need to dramatically change our political and legal system. We need to elect politicians who agree with our view of justice. We need to openly debate the problems with our current justice system, and not gloss over them. We need to stop teaching kids that the US has “liberty and justice for all.” We need to take justice out of the hands of those who can pay for it, and into the hands of the majority. (I almost wrote: “put it BACK into the hands of the majority” there, but I’m not so naive as to think that the majority ever had enough power to get justice…) And we need to FOCUS on this as a key issue, not just as a side benefit of winning the political game every couple of years.