Tag Archives: Scalia

Our remaining option: A Million Mutinies Now

As you well know, the other shoe dropped last week regarding Roe v. Wade, which is now history. The joyless anti-abortion zealots up the street from me must be enjoying the closest thing they know to a celebration. Maybe they’ll take the baby-float mobile out for a ride. (No, seriously: they had a vehicle with a plastic baby on the roof and P.A. speakers through which they would read anti-abortion screeds, inaudible because of their cheap audio gear. We called it the “baby float”.)

I wrote a post on the impending abortion decision a couple of weeks ago entitled “The Right To Be Forced Into Childbirth“. What I didn’t get deeply into then was the degree of fraud Trump’s appointees to the Supreme Court committed during their confirmation hearings. That was, of course, their way not only of protecting themselves but of offering their supporters cover by gaslighting everyone who had paid any attention to their careers up to that point.

Perjury and Prevarication

Let’s take Gorsuch, son of Anne Gorsuch Buford, Reagan’s EPA administrator who tried to dismantle the agency, partly through sheer incompetence. (Looks like her son is going to get another shot at it via their upcoming ruling.) During his confirmation hearings, Gorsuch acknowledged the power of precedence with regard to Roe, and affirmed that a “good judge” should take it as seriously as in any other case. Then came last Friday.

How about Kavanaugh, lover of beer, bro of Squee, best bud of P.J.? Kavanaugh referred to Roe as “settled law” and an “important precedent …. reaffirmed many times.” Sure, he suggested that he might be persuaded to overturn it, but who reads the fine print? He made comforting cooing sounds, and the senators nodded contentedly.

I’m not sure what Justice Barrett could possibly have said to counteract her part in publishing a full-page anti abortion ad in the New York Times. She bleated some gas about following the rules of stare decisis, and like her reactionary brethren, hid the ball in plain sight so that the politicians in the audience could pretend they did not see it.

The bastards Bush

It’s easy to blame Trump, of course, because he’s so damn blame-able. But the worst justice on the damn court is Clarence Thomas, and he was appointed by George H. W. Bush, or Bush the First as no one calls him. Bush is now roundly praised by centrists as a man of integrity, etc. Justice Thomas is convincing evidence to the contrary. No other recent Republican president has appointed a more reactionary judge to lifetime tenure on the Supreme Court.

And then there’s Sam Alito, the no- so-smart as Scalia clone of Scalia. George W. Bush appointed him, so to those of you whose hearts are warmed by the sight of W. and Michelle Obama goofing about, all I can say to you is …. Iraq. And Alito. And Afghanistan. And …. Suffice to say, if it weren’t for these two losers (W. and H.W.), Roe would still stand.

All is not lost

Fortunately, there are things we can do. One of them is what so many thousands of people did over this past weekend – make your voices heard. Another is to push our Congress members to support legislation by Elizabeth Warren and other progressives that would support the right to abortion services through the establishment of federal clinics in red states, expansion of access to medication, and so on.

The other thing is, well, a million mutinies now. Vote for the most progressive members of Congress you can find. Encourage everyone around you to do the same thing. We need a progressive tidal wave this fall, and it’s going to take everyone doing that simple thing – voting. With a strong majority in Congress, we can pass and expanded Roe in to law, build a better healthcare system, expand the Supreme Court, impeach Kavanaugh, amend the constitution. All we need is the votes.

Impossible? I think not. If people mobilize, we can take over the works within the confines of the current system. With the right numbers, nothing could stop us. We just have to commit to doing it.

luv u,

jp

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No justice.

Trump has named his nominee to the Supreme Court, with a reality show-like flourish, and we spent a couple of days hearing about how eminently qualified the honorable judge Gorsuch is, how pleasant a man he is, what a great colleague and … and … fuck all. Frankly, his qualifications are irrelevant. Much as the Republicans would like to pretend that time began Tuesday evening at 8:00pm, we all know what happened over the last year after the unexpected passing of Justice Scalia – basically, Mitch McConnell and the Senate GOP invented a new obstructionist rule, saying in essence that President Obama had no right to name a replacement justice in the final year of his second term.

I agree with Oregon Senator Jeff Merkely on this. That seat on the Supreme Court was stolen by the Republicans on the then-long chance that they might win the 2016 election. Now they expect everyone to just forget all that and proceed with the swift confirmation of a man who is significantly to the right of the reactionary justice he would be replacing. I am not alone in saying, fuck that. Eight is a nice, round number – let’s just stay there, shall we?

Favorite photoThe notion that the Democrats need to allow this one to go through unchallenged is truly a case of playing by the last decade’s rules. Here’s the argument: Give Mitch McConnell his vote and he won’t blow up the filibuster on Supreme Court nominees. If you don’t, he’ll invoke the “nuclear option” and you won’t have the filibuster should another vacancy – this time perhaps left by a more liberal justice – comes up in Trump’s tenure. That is just magical thinking. If the filibuster can be shot down that easily, what’s to stop them from doing that next time around? The suggestion that they would somehow refrain out of collegiality or gratitude is laughable. At least filibustering Gorsuch would demonstrate to the majority of people that you’re willing to stand for something. Do nothing and not only will their man be seated on the Court, but next time you try to use the filibuster they’ll just toss it out. You gain nothing – and lost much – by being accommodating.

Now for what really irks me. Who knew that the filibuster was so easily disposed of? I had a suspicion when the Republicans threatened the “nuclear option” during the Bush years, but almost all the way through the years of Democratic Senate majority they wouldn’t touch it. You mean to tell me that in 2009-10, all the Dems had to do to get (1) the public option, (2) card check, (3) a bigger stimulus and more was to do a rule change in the Senate? What. the. fuck. That is a titanic political fail, and we are all the losers for it.

luv u,

jp

Blind justice.

As promised, I wanted to scribble a few lines about the loss of Justice Scalia and the consequent shit-storm that has engulfed our nation’s political landscape. I’m sure that most of your conservative friends have shared 10 and 20-year-old speeches by Chuck Schumer and Joe Biden as support for the insupportable position taken by the G.O.P. leadership in the Senate. You could do worse than to remind them that (1) both of those speeches were made in a year when there was no vacancy on the court, and (2) both speeches came something like a year after extremist justices were appointed by a Republican president and approved by the Senate without filibuster – in the case of Biden’s speech, it was Clarence Thomas, who was approved by a Democratic controlled Senate. (Though it’s hard to tell because he’s so deathly quiet, Thomas is to the right of their sainted Scalia.)

The neocon establishment's new little tin car.All that said, Obama’s natural inclination will be to offer an olive-branch appointment, something like the one he trial-ballooned this week, namely the Republican governor of Nevada. Seriously … what is it with this president’s Pangloss-like insistence on attempting to curry favor with the Republicans? Hasn’t he been burned enough times in the last seven years? He’s like freaking Charlie Brown trying to kick the football again. Earth to Obama: they hate everything you want to do … doesn’t matter what it is. Best to nominate someone that might energize the Democratic base for the upcoming election; make the point that the election is, in substantial measure, about this issue. It’s about a lot of things, but the Supreme Court is a biggie.

The remaining G.O.P. candidates discussed this during the CNN debate on Thursday night. I say “discussed”, though it was more a pissing contest. Apparently John Roberts is now too liberal for Donald Trump’s taste. I wish I could say that this food-fight was the worst display of the entire debate, but that’s not even close to being true. Anyone watching was treated to a rehash of John McCain’s health plan (i.e. let insurance companies sell their products across state lines), resurrection of the ultimate neocon foreign policy (apparently Marco Rubio is now the little tin car Bill Kristol drives around in), and rabid celebration of trickle-down economics. And a lot of good yelling and screaming, of course.

One thing’s for certain, people … if anyone on that stage in Texas gets anywhere near the White House, don’t buy any green bananas. You’d just be throwing your money away.

luv u,

jp