THE SUPREME COURT AND THE TUG-OF-WAR OVER SOCIAL JUSTICE

Ireland 600 kg team in the European Championships 2009

What is the difference between “social justice” and justice? The difference is what is meant by equality.

Plain justice is impartial, that is, blind. The focus here is upon learning about the facts related to a case and resolving that case in accordance with the law. Regardless of who they are, all are to be treated as equal before the law.

Social justice, on the other hand, defines “justice” as the state of equality between all the members of a society with respect to the distribution of wealth, opportunities, privileges, and so forth. Instead of impartial and equal treatment before the law, “justice” is achieved with an equality of outcome. Supposedly, everyone should have equal wealth, equal opportunity, equal privileges, and so forth.

Look at the definition of the two expressions.

social justice
: a state or doctrine of egalitarianism
– the causes of human freedom and of social justice —Sir Winston Churchill
– promote the common good and social justice —G. J. Schnepp

justice
1 a : the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments – meting out justice – social justice
b : judge -a supreme court justice
—used as a title Justice Marshall
c : the administration of law – a fugitive from justice
; especially : the establishment or determination of rights according to the rules of law or equity – a system of justice
2 a : the quality of being just, impartial, or fair – questioned the justice of the their decision
b (1) : the principle or ideal of just dealing or right action
(2) : conformity to this principle or ideal : righteousness – the justice of their cause
c : the quality of conforming to law
3 : conformity to truth, fact, or reason : correctness – admitted that there was much justice in these observations —T. L. Peacock

As the definitions indicate, the difference between “social justice” and plain, ordinary “justice” hinges upon what sort of equality is desired.

The following definitions of “social justice” and “justice” are even more emphatic about the difference in what is meant by equality.

so·cial jus·tice
noun

justice in terms of the distribution of wealth, opportunities, and privileges within a society.

“individuality gives way to the struggle for social justice”

jus·tice
ˈjəstəs/
noun

1. just behavior or treatment.

“a concern for justice, peace, and genuine respect for people”

synonyms: fairness, justness, fair play, fair-mindedness, equity, evenhandedness, impartiality, objectivity, neutrality, disinterestedness, honesty, righteousness, morals, morality

“I appealed to his sense of justice”

2. a judge or magistrate, in particular a judge of the supreme court of a country or state.

synonyms: judge, magistrate, jurist

“an order made by the justices”

So imagine you are Judge Brett Michael Kavanaugh, now under consideration to be a justice on the Supreme Court. How do you please the senators in the United States Senate? How do you tell them How you will rule on the cases that come before you?

  • Will you rule on cases that come before you in accordance with the way the Constitution was written, with “justice” in mind?
  • Will you will rule on the cases that come before you with a “compassionate” heart, rule with “social justice” in mind, disregarding, if it seems appropriate to the circumstances, whatever the Constitution might say?

Given the behavior of the news media and some senators, what choice requires the most honor and courage?

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