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SCOTUS: The Rule by Law [1]

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Date: 2022-07-06

My usual warning still applies this diary may contain snark.

This Paper reminded me

Democracy and the Rule of Law by Claire Gardner

The Rule of Law is a millennia old principal referring to the way by which states are governed. As compared with Rule by Law, where the government uses the law to govern and is considered to be above the law, Rule of Law means that all entities, including the government, must adhere to the supremacy of the law. The Rule of Law is a nearly a universal value, and the United Nations General Assembly regularly identifies “human rights, the rule of law and democracy” as universal and indivisible values of the United Nations. The United Nations has also prioritized the Rule of Law in Sustainable Development Goal 16 (SDG16): Peace, Justice and Strong Institutions. Specifically, SDG16 emphasizes that the Rule of Law plays a key role in promoting “peaceful, just, and inclusive societies and . . . ensuring sustainable development.” One of the SDG16 targets is to promote the rule of law at both national and international levels to ensure equal access to justice for all.

Some seem to be confused by this two letter, one word difference.

Recent decisions by SCOTUS along theocratic and ideological lines has shown me that this confusion is more widespread than I thought.

They have promoted States rights to control women's bodies, thus protecting a fetuses rights up until they are born. A rapist rights to reproduce protected.

They have enabled budding mass murders access to their weapons of choice.

Racism and gerrymandering upheld.

Taxpayers must help fund religious schools. Take that atheists.

Fuck the planet. The right to burn coal upheld.

Democracy depends upon the Rule of Law and includes the consent to be governed.

There seems to be a serious breakdown of all three of these principles.

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[1] Url: https://www.dailykos.com/stories/2022/7/6/2108732/-SCOTUS-The-Rule-by-Law

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