First Monday

Deut 25:1, “When men have a dispute, they are to take it to court and the judges will decide the case, acquitting the innocent and condemning the guilty.” Sounds simple, doesn’t it?

Today, my friends, is October 7, the first Monday in October. What is the significance of this? Well, to the football fan, it's Monday Night  Football, to the baseball fan, we are well into the playoffs. Hockey started last week, so winter sports are here again, and the NBA starts preseason this week.

But, while all of this is true, none of it is as important as what occurs today, The First Monday in October. While there was a movie released in July, 1981, starring Walter Matthau, Jill Clayburgh and Barnard Hughes as this title, and it pertained to this topic, this commentary is about the reality and significance of today. Today, the United States Supreme Court begins its new session, with plenty of goodies (?) on its plate.

Each of these issues is important to different segments of our society, some of interest to several groups, for wholly different reasons. But each decision, and non-decisions are also decisions, may and will affect all of us for years to come.

Understand, some are political, some are religious, some are social, but all are important. It is fortunate that the Framers decided to create this third co-equal branch of government, to keep the other two in check. They understood that sooner or later the Congress and the Presidency would vie for power, and in some cases, would find ways to abuse the power of that office, whether intentionally or not, to gain an upper hand in the governance of our Nation.

Chief Justice John Roberts will need to be skillful in leading his Associate Justices through the pile of critical pending issues, trying to resolve them, as always, by applying the Constitution to each decision. He must make certain that the words written in this sacred document are taken at face value and not used as a list of suggestions. He must be guided by the principles that every person's rights will not be violated by the decisions that will be forthcoming during this session. This is an awesome task, an awesome responsibility he and his colleagues must exercise.

Fortunately, the court ideologically is split fairly evenly with several Justices, most notably Justice Anthony Kennedy, acting as swing votes as issues are voted on. Most decisions seem to fall 5-4 on the issues which divide us as a Nation, some going as we wish and others, not so much. But all are viewed in the context of the specific issue, which in the long run, fulfill the court's obligation to keep us free from falling into some sort of despotic sewer.

That proves our system works as the Framers intended and hoped for. And for that we are eternally grateful.

So, welcome back, Mister and Madame Justices. Your task ahead is hard but your result is fair, honorable and just. Each of you must be King Solomon in your own way.

We are counting on it.