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

Court tests meaning of equal justice

Open Space — Thursday, June 18

“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 Millerton News and The News does not support or oppose candidates for public office.

Latest News

Libraries, Town Halls open as cooling centers during heat wave

North East Town Hall will be open on Thursday, July 2, for people who need a cool place to sit and sip water. The Town Hall is located at 19 N. Maple Ave. in Millerton.

Photo by Aly Morrissey

Community cooling centers are opening across Dutchess County as extreme heat brings temperatures into the high 90s.

Many libraries, town halls and community facilities are serving as cooling centers, offering air-conditioned spaces, drinking water and restrooms. Temperatures are expected to reach triple digits in some areas of the county this week.

Keep ReadingShow less

The nature of Upstate Art Weekend

The nature of Upstate Art Weekend

On Thursday, June 25, a collection of eager art enthusiasts gathered at Olana State Historic Estate in Hudson to kick off the seventh annual Upstate Art Weekend (UAW).

Helen Toomer, founder, was joined by sculptors Ellen Harvey, Jean Shin and Gabriela Salazar to discuss their work and the legacy of painter Frederic Church. Church, whose 200th birthday is being celebrated this year, is widely credited as one of the founding members of the Hudson River School of painting. The discussion took place at Olana, Church’s grand estate, where the three artists’ installations are on view.

Keep ReadingShow less
google preferred source

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

Benjamin Reynaert and the art of layered living

Benjamin Reynaert

Jennifer Almquist
Creating a home is, at its core, an act of love.
— Benjamin Reynaert

Benjamin Reynaert is focused on creative direction and interior styling. He is market director at Elle Décor, a design consultant, and author of “The Layered Home: Inspiration for Crafting Cozy, Collected Rooms,” published this year by Clarkson Potter. He co-founded Ticking Tent, a market featuring antiques, luxury items and vintage treasures. The biannual event is held in New Preston, Connecticut, and Bedford, New York.

Adopted from South Korea at 3 months old, Reynaert grew up in Bloomfield Hills, Michigan. He always knew he wanted to be an artist. “I just loved drawing. I loved making things with clay,” he said. “Remembering what it felt like to be creative as kids and applying that to our creativity as adults is essential.” A graduate of the Rhode Island School of Design (RISD), where he earned a BFA and a degree in architecture, Reynaert also studied bookbinding in Rome. His attention to detail and aesthetic sense reflect years of training and a finely tuned eye for objects. “Attending RISD nurtured my creativity and taught me how to problem-solve,” he said.

Keep ReadingShow less
Beneath the surface: Delano Dunn and Mickalene Thomas explore history, memory and art

Mickalene Thomas and Delano Dunn at Wassaic Project.

Lucia Landolo

Before “Echoes in the Margin,” Delano Dunn’s new solo exhibition at Troutbeck in Amenia opened, the artist sat down with curator and artist Mickalene Thomas for a conversation at the Wassaic Project on Wednesday, June 24. Their wide-ranging discussion offered an intimate look into Dunn’s practice while situating the work within broader questions of history, memory and representation.

Presented by the Wassaic Project, the exhibition brings Dunn’s richly layered paintings into conversation with Troutbeck itself, the historic estate long associated with artists, writers and civil rights leaders, including W.E.B. Du Bois, Langston Hughes and many more.

Keep ReadingShow less
After a Hollywood career, Scott Siegler turns failure into fiction

Scott Siegler at his home in Sharon.

D.H. Callahan

Scott Siegler is bored of success stories. But Scott Siegler has had the kind of successful Hollywood career that people write books about.

Before he was 30, he’d earned three degrees. Before he moved to Hollywood, he’d already won an Emmy for one of the nine documentaries he directed and produced. Before he helped launch Netscape, bringing the Internet to the public, he’d already started his own Hollywood studio.

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.