Bit by Bit: How the Roberts Court Is Dismantling Our Constitution

by | Jul 3, 2026 | Opinions & Commentary

Photo by Julia Fiander, Unsplash

Bit by Bit: How the Roberts Court Is Dismantling Our Constitution

by | Jul 3, 2026 | Opinions & Commentary

Photo by Julia Fiander, Unsplash

This latest decision from the court before the weekend of our 250th anniversary is just another of the "death by a thousand cuts" being inflicted on this country by those who wish to see it fail.

There has been a wide array of commentary about the recent decisions handed down by SCOTUS.

The court upheld the 14th Amendment, barely. But that was just Section 1 of the 14th. They earlier refused to uphold Section 3:

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

The court allowed Trump onto the ballot in 2024 despite massive evidence of his attempted insurrection. So the fact that he is not Constitutionally fit to hold office was brushed off. Then Roberts himself wrote the decision granting him immunity for crimes committed as “official acts.”

The court then granted new powers to Trump to ignore the laws he is required to uphold—enabling him to fire members of independent commissions and agencies. This decision also rendered Congress even more neutered than they had already made themselves. It basically means that Congress can pass any law they want, but Trump and any other president, can just go ahead and ignore it.

And let’s not forget their adroit work in gutting the Voting Rights Act to make way for the return of Jim Crow everywhere, not just in the South.

There’s more. But today a case that was truly chilling came down. The court weakened the First Amendment. The New York Times has the story.

The Supreme Court on Thursday cleared the way for a former Fox News reporter to be required to reveal a confidential source or pay $800 a day in court fines, in a case with broader implications for the work of journalists.

Catherine Herridge, the reporter, had refused to reveal her sources for articles she wrote about a scientist who was investigated by the F.B.I. She asked the justices to intervene after she was ordered by a federal judge to pay daily sanctions until she disclosed the information.

The justices denied Ms. Herridge’s request in a three-sentence order that did not include reasoning or a vote count, as is often the case when the court issues emergency orders. Justice Brett M. Kavanaugh noted his disagreement and said he would have granted the journalist’s request.

So much for the freedom of the press mandated by the First Amendment.

Before this latest session of the court, the justices already damaged 4th Amendment protections by allowing ICE to pull over and arrest people for the color of their skin.

As of today, any organization engaged in investigative journalism must now to be on guard and figure out new and creative ways to protect sources. Imagine if Woodward and Bernstein were unable to protect their Watergate sources. Would we still be saddled with the corrupt baggage of the Nixon era? If Daniel Ellsberg had not stood up and revealed himself as the source of the Pentagon Papers, would the Post have been able to protect him? You know the answer as it stands today: not a chance.

This latest decision from the court before the weekend of our 250th anniversary is just another of the “death by a thousand cuts” being inflicted on this country by those who wish to see it fail. I’m not a Constitutional scholar and I don’t play one on TV. But I can see slow, organized treason when I see it.

Our mission is clear. We must oust as many Republicans from Congress as possible in the Midterms. Once done with that, our new Congress needs to start impeaching from the top down and not just the Executive Branch. The corrupt justices of the Supreme Court also need to be accountable. There has not been an impeachment of a Supreme Court justice in over 200 years. Well, it is about time we broke that streak.

 

Marty Kassowitz

Marty Kassowitz

Marty Kassowitz is co-founder of Factkeepers. As founder of Interest Factory and View360, he brings more than 30 years experience in effective online communications, social media management, and platform development to the site. He is a writer, designer, editor and long time observer of the ill-logic demonstrated by too many members of the species known as Mankind. After a long history of somewhat private commentary on a subject he totally hates: politics, Marty was encouraged to build this site and put up his own analyses as well as curate relevant content from other sources.

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