The Supreme Court’s 6- 3 decision in , Murthy v. Missouri , dropped Wednesday, shattering the hopes of conservatives that maybe, just maybe, the Judicial Branch do stand up for the First Amendment rights of common Americans against the severe abuses of the professional government.
But no. Instead, the Court determined that the plaintiffs had no standing because the Biden White House allegedly resisted calling off its censorship campaign after the 2022 midterms ( it did n’t ). The decision basically allows the federal government to continue tampering with the First Amendment right of regular Americans by mandating social media companies to do what they are not authorized to do instantly: policing what Americans are permitted to say online.
If this result shocks you, if you’re surprised and outraged that the Supreme Court, which you thought was dominated by a solid conservative majority, you should n’t be. You should n’t have guessed that the Court’s supposedly conservative majority would repress the executive branch’s worst impulses and restore Americans ‘ constitutional rights. You may say goodbye to everything if you pledged your desire for the life of the American state to five or six black-robed justices who would fight against the despotism of the administrative state and the demise of our democratic institutions. The Supreme Court wo n’t be able to save America.
And just to be distinct, neither is Donald Trump. Because of the Court’s decision, which is quoted as “censorship by surrogate” by constitutional law attorney Jonathan Turley, it is all too likely that Trump wo n’t even get the chance to win.
Whatever happens in November, the Court should be a wake-up call for all of us because it failed to defend Americans ‘ freedom of speech from government censorship. Our institutions are dysfunctional, do not perform as intended, and don’t rely on them to keep our legal system of government in place. This applies to both Congress and the Executive Branch, as well as the Supreme Court.
The former, for instance, is entirely beyond the command of the elected leader, whomever it might be. Remember that the American government’s censorship of online content did n’t start under President Biden; it started under Trump. If you criticized the CDC or cast doubts on the efficacy and safety of the upcoming “vaccine,” you would be quite likely to face censorship from the beginning of the Covid- 19 crisis in March 2020 until Trump left office in early 2021. Similar if you made the claim that absentee ballot and vote planting were a problem before the 2020 election.
We are most well known for the Twitter Files, which revealed that the U.S. knowledge area worked closely with Twitter and Facebook to stop the Hunter Biden computer history in what amounts to the biggest event of election meddling in American history just before the 2020 election. All of this occurred under Trump, who was unable to stop the pervasive collaboration between the Big Tech and the national security apparatus.
Regarding Congress, a GOP majority that frequently ignores the demands of the executive bureaucracy and repeatedly ignores the fact that it ca n’t be relied on to do the things Republicans voters want to do, Of program, Congress is supposed to include oversight of those companies, which is a total joke. A Republican-controlled Congress would have already defunded and disbanded the FBI if it had ever intended to carry out any actual supervision. Rather, it just approved money for an expensive fresh FBI office. I suppose all those state censors require more business space.
The key here is to get our heads out of the sand and let the fact of our position guide us. An originalist lot on the Supreme Court has long been in charge of conservatism’s coming endeavors. One of the key arguments in favor of Trump over Hillary Clinton in 2016 was made against those who opposed her. Vote for the Bad Orange Guy because he will be able to appoint a number of magistrates with your head! If Clinton wins, a majority of democratic Supreme Court members will overturn the Constitution!
There’s a particular reasoning to this, and certainly something to be said for voting in a way that increases the likelihood of at least  , some , traditional influence over our institutions. Surely,  , Roe v. Wade , would never have been overturned without the three judges appointed by Trump. That was an ancient success, and there’s no dismissing it.  ,
But as Wednesday’s judgement in , Murthy v. Missouri , shows, no Supreme Court majority is going to keep America and save the Constitution. That’s just going to happen, if it happens at all, through a minute American Revolution and the re- foundation of the state. As I’ve argued when,  , we need to cease calling ourselves conservatives , because there is nothing left to save. That includes letting go of the notion that the majority of the originalist Supreme Court justices will intervene and remove all dictatorial mechanisms that a century of administrative bureaucracy has created to undermine and devastate our system of government.
That’s simply not going to happen. Continuing to hope for it and hope it is a fool’s errand, and if we want to be prepared for what’s coming, we need to be reasonable about that.
