get In The Bubble
This small, local-only story beautifully shows the problem with the judicial system:
Rulings have now come down from the federal courts and per the Americans with Disabilities Act (ADA), that the Governor’s Executive Order 84 giving parents the right to opt-out of school mask mandates is unlawful as it prevents schools from providing a reasonable accommodation to students with disabilities. But the most egregious of these three court rulings, in my opinion, is the court order by US District Judge Ronnie Greer of Greeneville, TN which states that the Knox County School Board must reenact its mask requirement in local schools. So, I’ll dive into this court ruling just a bit.
First off, it is important to recognize the crisis this ruling creates around the ever-encroaching federal government into our way of life here in Tennessee and our own ability to preserve it. Clearly, there is a boundary that exists between the reach of the federal government, and the sovereign authority of the state of Tennessee. It is also critical to keep in mind that the United States Constitution prescribes no duty to the federal government in terms of creating education policy or healthcare policy which should lead one to believe that these powers are left to the States, or to the People per the 10th Amendment of the Constitution. Though we have abandoned that notion long ago with the creation of the US Department of Education, HHS, NIH, and the list of federal agencies that should not exist goes on.
This East Tennessee judge not only enjoined a Governor’s executive order but essentially commandeered a locally elected policymaking body (i.e. the Knox County Board of Education) and ordered from a federal bench that this body enact a policy which they had already voted not to renew by a 5-4 vote. This to me is an egregious overreach from the federal bench. Whether or not he was simply interpreting federal law is not the point. The power to interpret federal law does not now give the black robes the powers to create or enact law. Further, for a federal judge to reach down through the barrier of the state and suppose he can force an elected body to create policy is outrageous.
But let us move on to the interpretation of the ADA itself, for it is quite dangerous and if promulgated throughout the rest of society could be life-changing for everyone. This judge has interpreted the ADA in such a way that moves beyond the schools and into every sector of society without the need for an emergency to exist and regardless of the contagion, communicable disease, or health issue at hand. The burden is no longer on the place of public accommodation to provide a reasonable accommodation to the disabled, but now on every individual, in this case, by complying with a mask mandate. I will illustrate with the following example.
Remember the Bubble Boy? This was the story of David Vetter, a child who suffered from severe combined immunodeficiency (SCID) and died at the age of 12 in 1984. Fortunately for the rest of the United States, the ADA was not passed until 1990 and Ronnie Greer was not yet on the federal bench. Had circumstances been different, the rest of Tennessee may currently be living in a bubble in order to reasonably accommodate all of the children who may come to suffer from SCID.
Per this court’s new interpretation of the ADA, you are now a barrier to the disabled.
The judges are politicized. We all get that by now. But this is especially egregious. It’s in-your-face political and bench legislation.
The “three branch” approach has become a one branch approach, with mandates raining down from the executive branch and the other two branches quickly trying to make sure they stick. In some ways, I feel like the judicial branch feels a little jealous of the executive and is trying to proportionally send down their own mandates. This is a phenomenal example of that.
But what would you expect with judges-by-appointments? Federal judges are chosen by the executive and then confirmed by the legislature, so of course they are going to have connections that they shouldn’t have.
The entire idea of granting a life tenure to someone, requiring that individual be selected solely by the two branches they are supposed to be balancing against, and then allowing no realistic safeguards against overreach is completely asinine. It’s gotten to the point where these individuals can just directly legislate from the bench, because hell, who is going to stop them?
They are all playing for the same team: the same “branch”.
In any alternative to the failed American system, the judicial system must be one of the first things addressed. The entire conception of it needs to be re-considered from the ground up. It is not and has never been a true “balance” against the others. The slow decay and centralization between the three over time has demonstrated just that.
Give it enough time and we’ll all be forced to live in a hamster-wheel type bubble, just to accommodate one single disabled person on the other side of the continent.
Once that happens, you can send your thanks to our judicial system.