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The Politicization of the Supreme Court of the United States

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The Leaked Opinion of Ruling Against Reproductive Freedom

by Vijaya Chandrasoma

The radical right’s aspirations for control of the US Supreme Court since the 1970s, and the ongoing wet dream of Republican leader of the Senate, Mitch McConnell, are both now a fait accompli. The radical right will have control of the Court for the next few decades, considering the ages of three Justices with right wing values appointed by a treasonous president. And a fourth Republican Justice, Clarence Thomas, whose wife, Ginny Thomas, was actively and seditiously involved in the January 6 insurrection in the effort to violently overturn the November 2020 presidential election.

According to Article II of the Constitution, Justices to the Supreme Court are nominated by the sitting president, confirmed by the Senate. The framers of the Constitution envisaged a Court, representative of the will of a majority of the American people, with Justices appointed and confirmed by presidents who enjoyed the support of the majority of Americans.

Not so, today. Due to the archaic system of the Electoral College, added to the completely lopsided system of representation in the Senate, the current Supreme Court represents a minority of American voters. Two Presidents, Bush Jr. and Donald Trump, who both lost the popular vote to Al Gore (2000 – by 500,000 votes) and Hillary Clinton (2016 – by 3 million+ votes), respectively, have been responsible for the nomination of four Justices, with meagre legal qualifications but with a sycophantic commitment to the values of those espoused by the extreme right, Evangelical wing of today’s Republican Party. The Court now enjoys, and will enjoy for generations to come, a massive conservative 6/3 majority, composed of the Chief Justice and five Justices who do not represent the will of the majority of the American people.

The right to reproductive freedom has the overwhelming support of 80% of Americans, Republicans, Democrats and Independents. The 1973 Supreme Court ruling on Roe v. Wade, reaffirmed on numerous occasions in the past five decades, has been considered to be a super precedent, the law of the land. A ruling which serves to empower women with the nationwide right of choice for an abortion with no governmental restrictions.

Gun control regulations also have the support of 90% of Americans, but will never see the light of day because of the intransigence of a Republican Party venally ensconced in the deep pockets of the National Rifle Association. The complete lack of such regulations saw yet another racially motivated mass murder recently. An 18-year old white supremacist, armed to the teeth with military-style weaponry, killed 10 African Americans and injured three more at a supermarket, targeting a predominantly black community in Buffalo, NY.

The Supreme Court has already started to flex its newfound muscles with a leaked draft opinion to overturn Roe v. Wade, a ruling which has been unsuccessfully challenged by the Republican Party over the last 50 years. The current opinion is designed to leave the interpretation of abortion laws to individual states. 28 states controlled by the Republican Party will outlaw abortion immediately after the ruling is ratified. The remaining states, mainly in coastal areas controlled by Democrats, will retain their existing laws permitting abortion under varying circumstances. It is estimated that 36 American million women will lose their right to choose under this ruling.

Strangely, Republican Justices, Alito, Gorsuch, Kavanaugh and Barrett, who, like all other Justices underwent a scrutiny of their impartiality in the Senate before confirmation, averred, under oath, that they considered Roe v. Wade an established precedent, and had no intention of overturning it. A complete falsehood, possibly tantamount to perjury, as is evinced by their endorsement of the current leaked opinion.

Outlawing legal abortion will not do away with unwanted pregnancies. Pregnant women financially able to travel interstate will still be able to choose to get an abortion in a state that honours reproductive freedom. However, those who are too poor to so travel, women from rural states in the Republican controlled heartland of America, usually blacks and minorities, will be compelled to resort to illegal, unhygienic, back alley abortions conducted in conditions with enormous risks to themselves and to the unborn foetus.

Extracts from the leaked draft resolution authored by Alito:

“We hold that Roe and Casey (another defeated challenge by the right to overturn abortion rights) must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives”.

The Constitution makes no reference to abortion, and no such right is implicitly protected by any Constitutional provision. Alito counters that “although some rights are not mentioned in the Constitution, such rights must be deeply rooted in this Nation’s history and traditions and implicit in the concept of ordered liberty.”

Alito and his radical Justices choose to ignore the fact that the words “deeply rooted in the Nation’s history and traditions” referred to such traditions prevalent during an era in, and context of, the ratification of the Constitution in 1788. Many other freedoms, not referenced in the Constitution, in fact, freedoms specifically denied by it, have, in the past two+ centuries, become deeply rooted in the nation’s history and traditions, and enacted into the nation’s laws. Laws like all women’s right to vote, Blacks to have their humanity increased from 3/5 to 1.0 of a man, civil rights and Jim Crow laws to end segregation, voting rights, the rights of the LGBTQ community and gay marriage are such deeply rooted freedoms which are now the law of the land.

If the Supreme Court is successful in overturning women’s rights of reproductive freedom, there is no doubt that they will next be encouraged to overturn the hard fought freedoms referred to above, especially voting rights, the rights of the LGBTQ community and gay marriage, freedoms which are being bitterly contested by the current Evangelical Republican Party.

The main argument about abortion is when a foetus becomes a human being. Scientifically, up to four weeks, an embryo is just a complex of cellular elements. The brain, spinal cord and heart begin to develop around the fifth week; a foetal heartbeat may be detected by vaginal ultrasound after 5-6 weeks of gestation, which US Christians regard as “ensoulment”, a concept deeply rooted in religion and faith. However, the brainstem of the foetus is fully developed around the 28h week, when doctors are able to monitor foetal brain activity.

All the great religions practiced in the world today are Pro Life, the only difference being the reasons and the stage of the pregnancy for justification of its termination. The Bible is often quoted by the Evangelical right as evidence to justify abortion being the equivalent to murder (thou shalt not kill), although the Good Book makes absolutely no reference to abortion.

According to the Bible, Genesis 2.7, “Then the Lord God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living being”. In fact, one Mosaic law contradicts that the Bible is anti-abortion, clearly stating that miscarriage (which abortion also is, miscarriage by choice), does not involve the death of a human being. Judaism considers the foetus to be part of a woman’s body until the baby is born.

Catholics also believe that life begins at conception. It also believes that salvation and entry into heaven hinges on the sacrament of baptism. This is a central tenet of the Church. However, the Church conducts baptism only after the child is born. It doesn’t baptise an unborn or stillborn foetus. So a foetus which does not make it to childbirth for any number of tragic reasons is presumably denied salvation and entry into heaven.

Though Hinduism and Buddhism have clear Pro Life positions on abortion, involving the concepts of Ahimsa, Karma and reincarnation, the agreed stipulation is that the final decision whether to terminate the pregnancy should be left to the pregnant woman. The Dalai Lama believes that abortion has negative karmic consequences, as it interferes with the cycle of birth, life, death and rebirth. However, he believes that abortion should be approved or disapproved according to each individual circumstance.

One school of thought on Islam teaches abortion is unlawful as a foetus becomes a human being “once the drop of the man had mixed with the blood of the mother”; another believes that “a foetus becomes a living soul after 16 to 20 weeks’ gestation”. According to yet another source, abortion should be determined entirely on the threat of harm to the mother.

In atheistic, scientific reality, a foetus becomes a human being only after birth, when the infant takes his/her first breath, just as death is confirmed when a person takes his/her last breath. Your birthdays are celebrated not on the day your father successfully fertilized your mother’s egg, nor on the day your heartbeat was heard through a sonogram. Your birthdays are celebrated on that wonderful day your parents held you in their arms for the first time.

Roe v. Wade ruled that the decision to allow a woman the right to legal abortion was not just about the age of the foetus. The circumstances of the pregnancy (rape, incest, etc.) were also taken into consideration, as were the dangers of a continuing pregnancy to the health and well-being of the pregnant woman and/or the foetus.

With the proposed opinion to overturn Roe v. Wade, this Supreme Court may rule that abortion will be illegal, under all circumstances and at any stage of the pregnancy. Life, a gift from God, begins at fertilization, with no regard to the circumstances which caused the pregnancy. I am only surprised these religious kooks in Justices’ robes do not consider that life begins at erection.

Considering the most gruesome scenario, this draft opinion against abortion will compel a 12-year-girl, raped by a monster or family member, to carry the baby to childbirth, and gaze upon the eyes and features of her rapist all her life. An unwanted, even hateful tragedy which may prove to be a disaster for both the 12-year old child and the newborn infant.

There is no woman in the world who would want to terminate the life of the foetus growing inside her, unless there are circumstances which would make her life, or that of the unborn, totally unbearable. That decision, those circumstances and that choice, is hers, and hers alone, in consultation with her doctor and her God.

If the US radical right has genuine claims to be Pro Life, they will make benefits like extended periods of maternity leave, help with free care of the newborn child, its health and education. Also they will provide all assistance necessary to the mother whom they have forced to carry the infant to full term to pursue her own personal dreams.

But they will not, not in the USA, anyway. These Evangelical Republicans are not Pro Life; they are simply Pro Birth. Their interest in the well-being of the mother and the infant disappears after birth. Both the mother and the child will be abandoned to fend for themselves as best they could.

This leaked document is only a draft opinion, with no legal status. But there is a silver lining. The implied opposition to overturn Roe v. Wade, a ruling which has the support of the vast majority of Americans, may so incense voters of all stripes to support the Democratic Party in the midterms in November 2022. The attempt to overturn Roe v. Wade might well be the first nail in the Trump Republican coffin, and present the Democrats the opportunity of holding, even adding to, their majorities in the House and the Senate in November, a prospect projected to be highly unlikely before this leaked draft opinion emerged to overturn Roe v. Wade.



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Cricket and the National Interest

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The appointment of former minister Eran Wickremaratne to chair the Sri Lanka Cricket Transformation Committee is significant for more than the future of cricket. It signals a possible shift in the culture of governance even as it offers Sri Lankan cricket a fighting possibility to get out of the doldrums of failure. There have been glorious patches for the national cricket team since the epochal 1996 World Cup triumph. But these patches of brightness have been few and far between and virtually non-existent over the past decade. At the centre of this disaster has been the failures of governance within Sri Lanka Cricket which are not unlike the larger failures of governance within the country itself. The appointment of a new reform oriented committee therefore carries significance beyond cricket. It reflects the wider challenge facing the country which is to restore trust in public institutions for better management.

The appointment of Eran Wickremaratne brings a professional administrator with a proven track record into the cricket arena. He has several strengths that many of his immediate predecessors lacked. Before the ascent of the present government leadership to positions of power, Eran Wickremaratne was among the handful of government ministers who did not have allegations of corruption attached to their names. His reputation for financial professionalism and integrity has remained intact over many years in public life. With him in the Cricket Transformation Committee are also respected former cricketers Kumar Sangakkara, Roshan Mahanama and Sidath Wettimuny together with professionals from legal and business backgrounds. They have been tasked with introducing structural reforms and improving transparency and accountability within cricket administration.

A second reason for this appointment to be significant is that this is possibly the first occasion on which the NPP government has reached out to someone associated with the opposition to obtain assistance in an area of national importance. The commitment to bipartisanship has been a constant demand from politically non-partisan civic groups and political analysts. They have voiced the opinion that the government needs to be more inclusive in its choice of appointments to decision making authorities. The NPP government’s practice so far has largely been to limit appointments to those within the ruling party or those considered loyalists even at the cost of proven expertise. The government’s decision in this case therefore marks a potentially important departure.

National Interest

There are areas of public life where national interest should transcend party divisions and cricket, beloved of the people, is one of them. Sri Lanka cannot afford to continue treating every institution as an arena for political competition when institutions themselves are in crisis and public confidence has become fragile. It is therefore unfortunate that when the government has moved positively in the direction of drawing on expertise from outside its own ranks there should be a negative response from sections of the opposition. This is indicative of the absence of a culture of bipartisanship even on issues that concern the national interest. The SJB, of which the newly appointed cricket committee chairman was a member objected on the grounds that politicians should not hold positions in sports administration and asked him to resign from the party. There is a need to recognise the distinction between partisan political control and the temporary use of experienced administrators to carry out reform and institutional restructuring. In other countries those in politics often join academia and civil society on a temporary basis and vice versa.

More disturbing has been the insidious campaign carried out against the new cricket committee and its chairman on the grounds of religious affiliation. This is an unacceptable denial of the reality that Sri Lanka is a plural, multi ethnic and multi religious society. The interim committee reflects this diversity to a reasonable extent. The country’s long history of ethnic conflict should have taught all political actors the dangers of mobilising communal prejudice for short term political gain. Sri Lanka paid a very heavy price for decades of mistrust and division. It would be tragic if even cricket administration became another arena for communal suspicion and hostility. The present government represents an important departure from the sectarian rhetoric that was employed by previous governments. They have repeatedly pledged to protect the equal rights of all citizens and not permit discrimination or extremism in any form.

The recent international peace march in Sri Lanka led by the Venerable Bhikkhu Thich Paññākāra from Vietnam with its message of loving kindness and mindfulness to all resonated strongly with the masses of people as seen by the crowds who thronged the roadsides to obtain blessings and show respect. This message stands in contrast to the sectarian resentment manifested by those who seek to use the cricket appointments as a weapon to attack the government at the present time. The challenges before the Sri Lanka Cricket Transformation Committee parallel the larger challenges before the government in developing the national economy and respecting ethnic and religious diversity. Plugging the leaks and restoring systems will take time and effort. It cannot be done overnight and it cannot succeed without public patience and support.

New Recognition

There is also a need for realism. The appointment of Eran Wickremaratne and the new committee does not guarantee success. Reforming deeply flawed institutions is always difficult. Besides, Sri Lanka is a small country with a relatively small population compared to many other cricket playing nations. It is also a country still recovering from the economic breakdown of 2022 which pushed the majority of people into hardship and severely weakened public institutions. The country continues to face unprecedented challenges including the damage caused by Cyclone Ditwah and the wider global economic uncertainties linked to conflict in the Middle East. Under these difficult circumstances Sri Lanka has fewer resources than many larger countries to devote to both cricket and economic development.

When resources are scarce they cannot be wasted through corruption or incompetence. Drawing upon the strengths of all those who are competent for the tasks at hand regardless of party affiliation or ethnic or religious identity is necessary if improvement is to come sooner rather than later. The burden of rebuilding the country cannot rest only on the government. The crisis facing the country is too deep for any single party or government to solve alone. National recovery requires capable individuals from across society and from different sectors such as business and civil society to work together in areas where the national interest transcends party politics. There is also a responsibility on opposition political parties to support initiatives that are politically neutral and genuinely in the national interest. Not every issue needs to become a partisan battle.

Sri Lanka cricket occupies a special place in the national consciousness. At its best it once united the country and gave Sri Lankans a sense of pride and international recognition. Restoring integrity and professionalism to cricket administration can therefore become part of the larger task of national renewal. The appointment of Eran Wickremaratne and the new committee, while it does not guarantee success, is a sign that the political leadership and people of the country may be beginning to mature in their approach to governance. In recognising the need for competence, integrity and bipartisan cooperation and extending it beyond cricket into other areas of national life, Sri Lanka may find the way towards more stable and successful governance..

by Jehan Perera

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From Dhaka to Sri Lanka, three wheels that drive our economies

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Court vacation this year came with an unexpected lesson, not from a courtroom but from the streets of Dhaka — a city that moves, quite literally, on three wheels.

Above the traffic, a modern metro line glides past concrete pillars and crowded rooftops. It is efficient, clean and frequently cited as a symbol of progress in Bangladesh. For a visitor from Sri Lanka, it inevitably brings to mind our own abandoned light rail plans — a project debated, politicised and ultimately set aside.

But Dhaka’s real story is not in the air. It is on the ground.

Beneath the elevated tracks, the streets belong to three-wheelers. Known locally as CNGs, they cluster at junctions, line the edges of markets and pour into narrow roads that larger vehicles avoid. Even with a functioning rail system, these three-wheelers remain the city’s most dependable form of everyday transport.

Within hours of arriving, their importance becomes obvious. The train may take you across the city, but the journey does not end there. The last mile — often the most complicated part — belongs entirely to the three-wheeler. It is the vehicle that gets you home, to a meeting or simply through streets that no bus route properly serves.

There is a rhythm to using them. A destination is mentioned, a price is suggested and a brief negotiation follows. Then the ride begins, edging into traffic that feels permanently compressed. Drivers move with instinct, adjusting routes and squeezing through gaps with a confidence built over years.

It is not polished. But it works.

And that is where the comparison with Sri Lanka becomes less about what we lack and more about what we already have.

Back home, the three-wheeler has long been part of daily life — so familiar that it is often discussed only in terms of its problems. There are frequent complaints about fares, refusals or the absence of meters. More recently, the industry itself has become entangled in politics — from fuel subsidies to regulatory debates, from election-time promises to periodic crackdowns.

In that process, the conversation has shifted. The three-wheeler is often treated as a problem to be managed, rather than a service to be strengthened.

Yet, seen through the experience of Dhaka, Sri Lanka’s system begins to look far more settled — and, in many ways, ahead.

There is a growing structure in place. Meters, while not perfect, are widely recognised. Ride-hailing apps have added transparency and reduced uncertainty for passengers. There are clearer expectations on both sides — driver and commuter alike. Even small details, such as designated parking areas in parts of Colombo or the increasing standard of vehicles, point to an industry slowly moving towards professionalism.

Just as importantly, there is a human element that remains intact.

In Sri Lanka, a three-wheeler ride is rarely just a transaction. Drivers talk. They offer directions, comment on the day’s news, or share local knowledge. The ride becomes part of the social fabric, not just a means of getting from one point to another.

In Dhaka, the scale of the city leaves less room for that. The interaction is quicker, more direct, shaped by urgency. The service is essential, but it is under constant pressure.

What stands out, across both countries, is that the three-wheeler is not a temporary or outdated mode of transport. It is a necessity in dense, fast-growing Asian cities — one that fills gaps no rail or bus system can fully address.

Large infrastructure projects, like light rail, are important. They bring efficiency and long-term capacity. But they cannot replace the flexibility of a three-wheeler. They cannot reach into narrow streets, respond instantly to demand or provide that crucial last-mile connection.

That is why, even in a city that has invested heavily in modern rail, Dhaka still runs on three wheels.

For Sri Lanka, the lesson is not simply about what could have been built, but about what should be better managed and valued.

The three-wheeler industry does not need to be politicised at every turn. It needs steady regulation — clear fare systems, proper licensing, safety standards — alongside encouragement and recognition. It needs to be seen as part of the solution to urban transport, not as a side issue.

Because for thousands of drivers, it is a livelihood. And for millions of passengers, it is the most immediate and reliable form of mobility.

The tuk-tuk may not feature in grand policy speeches or infrastructure blueprints. It does not run on elevated tracks or attract international attention. But on the ground, where daily life unfolds, it continues to do what larger systems often struggle to do — show up, adapt and keep moving.

And after watching Dhaka’s streets — crowded, relentless, yet functioning — that small, three-wheeled vehicle feels less like something to argue over and more like something to get right.

(The writer is an Attorney-at-Law with over a decade of experience specialising in civil law, a former Board Member of the Office of Missing Persons and a former Legal Director of the Central Cultural Fund. He holds an LLM in International Business Law)

 

by Sampath Perera recently in Dhaka, Bangladesh 

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Dubai scene … opening up

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Seven Notes: Operating in Dubai

According to reports coming my way, the entertainment scene, in Dubai, is very much opening up, and buzzing again!

After a quieter few months, May is packed with entertainment and the whole scene, they say, is shifting back into full swing.

The Seven Notes band, made up of Sri Lankans, based in Dubai, are back in the spotlight, after a short hiatus, due to the ongoing Middle East problems.

On 18th April they did Legends Night at Mercure Hotel Dubai Barsha Heights; on Thursday, 9th May, they will be at the Sports Bar of the Mercure Hotel for 70s/80s Retro Night; on 6th June, they will be at Al Jadaf Dubai to provide the music for Sandun Perera live in concert … and with more dates to follow.

These events are expected to showcase the band’s evolving sound, tighter stage coordination, and stronger audience engagement.

With each performance, the band aims to refine its identity and build a loyal following within Dubai’s vibrant nightlife and event scene.

Pasindu Umayanga: The group’s new vocalist

What makes Seven Notes standout is their versatility which has made the band a dynamic and promising act.

With a growing performance calendar, new talent integration, and international ambitions, the band is definitely entering a defining phase of its journey.

Dubai’s music industry, I’m told, thrives on diversity, energy, and audience connection, with live bands playing a crucial role in elevating events—from corporate shows to private concerts. Against this backdrop, Seven Notes is positioning itself not just as another band, but as a performance-driven musical unit focused on consistency and growth.

Adding fresh momentum to the group is Pasindu Umayanga who joins Seven Notes as their new vocalist. This move signals a strategic upgrade—not just filling a role, but strengthening the band’s front-line presence.

Looking beyond local stages, Seven Notes is preparing for an international tour, to Korea, in July.

Bassist Niluk Uswaththa: Spokesperson for Seven Notes

According to bassist Niluk Uswaththa, taking a band abroad means: Your sound must hold up against unfamiliar audiences, your performance must translate beyond language, and your discipline must be at a professional level.

“If executed well, this tour could redefine Seven Notes from a local band into an emerging international act,” added Niluk.

He went on to say that Dubai is not an easy market. It’s saturated with highly experienced, multi-genre bands that can adapt instantly to any crowd.

“To stand out consistently you need to have tight rehearsal discipline, unique sound identity (not just covers), strong stage chemistry, audience retention – not just applause.”

No doubt, Seven Notes is entering a critical growth phase—new member, multiple shows, and an international tour on the horizon. The opportunity is real, but so is the pressure.

However, there is talk that Seven Notes will soon be a recognised name in the regional music scene.

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