“Essentially, five [Conservative] justices were unhappy with the limited nature of the case before us, so they changed the case to give themselves an opportunity to change the law . . . The path [the Court] has taken to reach its outcome will, I fear, do damage to this institution.” ~ Justice John Paul Stevens on the Supreme Court’s handling of Citizens United v. FEC, from Jeffrey Toobin’s article in The New Yorker

I listened to this fantastic interview with legal analyst and lawyer Jeffrey Toobin on NPR’s Fresh Air today. Despite the title, it is less a discussion about Justice John Paul Stevens’ impending retirement than a great overview of the major changes the U.S. Supreme Court has been undergoing in recent years.

The Supreme Court is supposed to be an apolitical branch of government. It is supposed to reach decisions based on legal analysis and interpretation of law, not ideology. Unfortunately, it is undeniable that the Court has become increasingly political in both its makeup and its opinions in recent decades.

As a lawyer and an American who believes in the U.S. Constitution and the principles upon which our justice system are founded, I find this fact very depressing and extremely maddening. I try not to make broad generalizations, but I’m going to go out on a limb: if you don’t feel that way also, then you’re not paying attention. Or, perhaps, you don’t mind right-leaning opinions (see, e.g., Heller, Citizens United) because you are right-leaning yourself. But what goes around, comes around. And this kind of politicized “justice” hurts us all.

Maybe that shouldn’t be surprising. After all, the statement seems a bit obvious in a country as prosperous as our own, but I think to some people that statement wreaks of “socialism.” I think it sounds of common sense. It is a simple mantra: money should not decide who gets to live (healthily) and who has to die. But it has become an impossible task for our society in execution. Mostly because politics is getting in the way of progress, as usual. The thing is this is not a political issue. This is a human issue. The most basic of human issues. Without your health, you have nothing.

I’m the first to admit that I am not an expert in all the little nuances of the proposals that have been floating around Washington for the past few months. But I really do believe this is an important – an essential – issue for Americans. I had every intention of following this debate with a fine-tooth comb, but life got in the way and I missed some of the early chatter on the issue. Then came the usual hothead pundits and ridiculous accusations of death panels, nazi policies and comparisons of Obama to Hitler. That’s when I got fed up with the glorified ignorance that seems to take over this country at regular intervals these days and checked out of the debate for a few weeks. But I’m back. And frankly I’m pissed.

My suspicion that rational people from both sides of the aisle are just not being heard over the sensational rants that have been the center of news coverage was confirmed (in my mind) by the bipartisan support I saw on Facebook yesterday. I’m pissed that genuine concerns about healthcare are being hijacked by the politically-motivated hyperbole that is regularly churned out and regurgitated.

So my point here is really a plea. To the rational people out there on both sides — many of whom made their presence known on Facebook yesterday — to write an email, make a phone call, or go to a town hall meeting and tell your representatives in Congress what you think needs to change. You can find your representatives’ contact info here and your senators’ info here.

Someone (or many someones) may read this and say, “Geez MushBrain, you want people to act, but you don’t even address the important issues.” Well, you’re right. That was intentional. I am planning a few upcoming posts to cover some of the flaws in our current system that I think need to be addressed. But I am not trying to convince you that my priorities should be your priorities. Everyone has a different situation. My point is there is MUCH more to this debate than political maneuvering and outrageous namecalling. Both of which are counter-productive when your goal is what will really be best for individual Americans. Real people and real lives are affected and there’s no more room for irrationality.