In both instances, there is no motivation to advance lawful justice, but promote a populist ideal of social justice that serves small special populations from LGBT to vociferous, violent street scrappers.
But the incoherent concept of social justice doesn't stop at the prosecutors' table inside the bar, it is now flagrantly enforced from the bench.
However one views the loss of Justice Scalia from the Supreme Court, the current make-up of SCOTUS has been a stand-off until now. Four liberal jurists, three staunchly conservative Constitutionalists and one windblown justice sit head-to-head in considering cases that are often political in nature.
Two opinions rendered last week and one today testify to how political leanings readily influence the final decisions of self-appointed deliverers from society's inherent unfairness. The
feeling that discrimination is the major rationale behind any business, educational or health-related policy has become the standard for dispensing justice. The problem is that it is the secondary and new definition of justice that is being served.
United States v. Texas was deadlocked at four-four, and the appellate court decision was left standing that the president's immigration policy cannot override law. Social justice didn't triumph over constitutionally instituted law. But in the affirmative action case of Fisher v. University of Texas at Austin, SCOTUS ruled in favor of using race as a factor for admission to the college. Social justice prevailed.
The Whole Women's Health v. Hellerstedt, regarding the
application of a Texas law that "challenged a provision that requires abortion facilities to meet the same health and safety standards as ambulatory surgical centers, and a provision that requires abortionists to have admitting privileges at a local hospital in the event a woman must seek hospital care due to post-abortion complications," was decided Monday, June 27, 2016.
From
SCOTUSblog:
"Issue: (1) Whether, when applying the "undue burden" standard of
Planned Parenthood v. Casey, a court errs by refusing to consider whether and to what extent laws that restrict abortion for the stated purpose of promoting health actually serve the government's interest in promoting health; and (2) whether the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services
while failing to advance the State's interest in promoting health - or any other valid interest." (emphasis mine)