Tag Archives: supreme court

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

Harm vs. harm.

No denying that last week  was a big week in the world of Supreme Court jurisprudence. While I am no legal scholar, here are my two-cents on a few of the decisions:

Obergefell v. Hodges. The Court decided that the protections associated with marriage can no longer be denied to gay couples. About freaking time. It always struck me as ironic that we should forbid marriage to a group of people who seem to want it more than anyone else. Though I’m happy with mine, I am no firm believer in marriage as an institution. I think its only value – and this is my opinion, of course – is that it enables you to enjoy certain benefits granted by the government – tax advantages, visitation rights, property rights, etc. That’s the way things work; that’s the way our society is arranged. Given all that, couples of all sorts should be allowed to marry.

Eloquent as always, Justice Scalia.Marriage equality is seen by some evangelical Christians as a threat to their beliefs. Those who confer marriage licenses in some official capacity as well as those whose businesses serve the wedding market want the option to deny service to gay couples. Religious liberty statutes are cropping up everywhere. So, my question for these folks is, let’s consider the potential harm on either side. For the evangelicals, if gays can marry, their forfeit is being outraged and offended; it may affect their mood around the dinner table at Christmas. On the other hand, for gay couples, being denied the right to marry means not being able to share your life with the one you love, tend to them when they’re sick, build a life with them, etc. Far greater harm, I would argue.

Glossip v. Gross. Apparently the sight of a death row inmate writhing in pain for an extended period of time was not enough to convince the majority on the court to rule this ad-hoc medical procedure known as chemical execution unconstitutional. Justice Alito basically told the defendant-inmates that they need to identify an alternative method by which they may be done to death; otherwise, this method is good enough. Once again, thank you, Dubya Bush, for appointing this sorry piece of work; and thanks to your father for appointing the even sorrier Justice Thomas.

Enough bloviating for one day. Time for the mattress.

luv u,

jp

The week that was (#47).

Big week in news, both domestically and internationally. As is my habit, I will comment briefly on a couple of items, run off at the mouth, and probably write way too much than is good for anyone. But what the hell – here goes.

Religious Freedom Restoration Act. The debate over the state versions of this legislation has focused on the opportunity for discrimination against LGBT patrons of businesses in the relevant states, and understandably so. Still, I can’t help but feel the media outlets and activists are burying the lead on this issue. There appears to be some correlation between the people pushing this legislation and the American Legislative Exchange Council (ALEC), which provides model, usually conservative legislation to state representatives.

Whether or not ALEC is involved, these RFRA-like bills appear to build on the Hobby Lobby decision handed down by the Supreme Court last year. This is a broader effort to extend religious freedom protections to corporate “persons”. You can guess the implications. Hobby Lobby can assert their religious reservations to including birth control in their employee health plan. If RFRA applies to corporate “persons”, they can claim religious exemptions to all kinds of regulations, including health, safety, and environmental laws. Something to look out for.

Expect to hear from Mr. Cartoon Bomb this week.Iran Pact. A framework agreement on Iranian nuclear development was arrived at on Thursday. This will be the subject of a great deal of hand-wringing, even garment rending, and some full throated protests from the usual folks. There is a strong impetus in the United States towards war with Iran. It is not a popular option amongst the American people at large, but pundits and politicians appear to savor the idea. None of them would suffer in the event of a war, of course, so their clamoring comes at a very low potential cost.

Frankly, I am skeptical that we as a nation can even begin to abandon our animus towards Iran. A generation of politicians have built their careers on this obsession. Whatever shape the final agreement takes, Congress will be against lifting sanctions. (Of course, they would oppose it simply on the principle that Obama is in favor of it.) Even so, the agreement is deeply rooted in the assumption the America calls the shots, America enforces global order, and America can dictate terms, threaten, and attack at will.

My own feeling is that the whole nuclear question is just a flimsy excuse, portrayed as a crisis, to isolate Iran for the unforgivable crime of “stealing” their country back from us in 1979. If they don’t have that issue, they’ll find another.

luv u,

jp

To care and care not.

The Affordable Care Act went before the Supreme Court again this week, subject to a suit by a Koch brothers-funded right wing organization. The point of contention this time is some wording in the bill that suggests, in isolation from the rest of the bill, that only States can establish exchanges, thereby calling into question federal subsidies for coverage obtained through the federal exchange. Of course, the bill was structured to allow for the States to opt for having the feds set up an exchange if they choose not to do so. Badly drafted? Perhaps. But any bill the size of the ACA is bound to be full of technical errors, contradictions, etc.

Will they crash the clown car? Time will tell.Now, technical issues like this have historically been corrected by an act of Congress. This was the case with many major pieces of legislation, such as Medicare. But because our Congress is ideologically driven and dysfunctional in the extreme, this is not even a remote possibility. So it is left to the courts, thanks to the determination of many on the right to hobble and destroy the ACA, as well as many thousands of families who depend upon it. It’s manifestly obvious that disallowing subsidized coverage through the federal exchange will dramatically drive up the cost of health insurance in the affected States, crashing the system and throwing 9 million subscribers into chaos. Just as bad, it will initiate a death spiral of rising rates and canceled policies that will affect many millions more.

So what will it be? Will the Supreme Court knowingly throw the country into chaos? Remains to be seen. It just amazes me the extent to which the Republicans will undermine so quintessentially a conservative idea as the ACA – a market-based solution if ever there was one – just to get the better of this very middle-of-the-road president. They are willing to throw the economy under the bus at every turn. They could bury this problem with a very simple piece of legislation, but that will never happen. The ACA is a point of obsession for them, like Benghazi – it’s a talisman for Obama, and as such, it must be whacked repeatedly.

Lord knows, I loathe defending the ACA. But it’s the law of the land, duly passed and signed, and letting it implode will affect many, many lives.

Netanyahu. Just want to briefly acknowledge the utter stupidity of Netanyahu’s address to Congress. Personally, I think he was more convincing with the cartoon bomb.

luv u,

jp

SCOTUS-itis.

Another year, another raft of execrable decisions from the Supreme Court of the United States (SCOTUS). As each was handed down, one phrase echoed through my mind … “Thank you, George W. Bush.” Sure, I know … I’m still a victim of Bush Derangement Syndrome, as diagnosed by Dr. Krauthammer not so many years ago, right? Well, I see it more as a case of SCOTUS-itis, brought on by the re-election of a knee-jerk reactionary in 2004 who has locked in an equally reactionary majority on the Supreme Court for the foreseeable future.

You''re welcome!Lest you think I’m unfairly blaming Bush II, just consider – most Supreme Court vacancies occur according to plan. To the greatest extent possible, a justice now plans his/her (usually his) exit based on the likelihood that his/her successor will be appointed by a president who shares the Justice’s general political orientation. (Hence Justice Sandra Day O’Connor’s reported  election night 2000 angst over the apparent election of Al Gore.) That pattern was disrupted in 2005, when illness compelled Chief Justice William Rehnquist to step down. Had Bush not been re-elected the year before, John Kerry would have nominated Rehnquist’s replacement and the political balance of the court would very likely have shifted to the center-left for perhaps the next generation. Instead, thanks to Dubya, we have Citizen’s United, McCutcheon v FEC, and now Hobby Lobby, Harris v Quinn, and McCullen.

Let’s be clear: these are really bad decisions. Take the Hobby Lobby case, for instance. Despite all the efforts of the punditocracy to suggest that this is a very limited decision, narrowly focused on a specific class of contraceptives and a specific category of employers, it turns out that the opinion is not, in fact, so narrow. As Rachel Maddow pointed out last week, based on reporting by Lyle Denniston at SCOTUSblog.com, subsequent to the release of their ruling on Hobby Lobby, the Supreme Court issued orders on pending cases involving a number of employers, most notably some Catholic owners of companies seeking exclude any form of birth control from their employee-provided health plans. The Court orders, of course, side with the employers. So much for that limitation.

I could go on, but I’ll save the rest of my tirade for subsequent posts. Suffice to say that we needn’t have ended up in this place; it was a conscious choice of the American electorate, some ten years ago, and it’s going to take a monumental effort to turn this around in the coming decades.

luv u,

jp

Week that was (redux).

Okay, I’ve been out of commission for a few days, taking comprehensive exams for a master’s degree in lethargy. (Hard to study for, actually … I keep falling asleep.) And though I’ve been quiet, very quiet for the last couple of weeks, I have been paying attention to what’s going on out in that wacky world of ours, and I have a thing or two to say about it. Just bet you can’t wait to hear it! Harumph!

Mr. Benghazi himselfBenghazi. Really? I mean, really? The republicans are on this Benghazi thing again? Why? Because the Affordable Care Act may not be as good a campaign issue as they thought? I keep hearing this trope about how awful it is that four people were killed. Yes, it’s awful. But Libya is a war zone. And these people make more noise about those four lives than they ever did about the more than 4,000 Americans that died in their Iraq war. How about we hold someone (Bush, Cheney, Rumsfeld, etc.) accountable for that first, then maybe look at Benghazi (right after Afghanistan)? If magnitude counts for anything, Benghazi shouldn’t even be on the list in the first place.

Let us pray. It’s official – public meetings can be opened with some kind of Jesus prayer. Thank you, Supreme Court and, yes, George W. Bush, who replaced the then-dying William Rehnquist with another reliable young conservative, thereby locking us into reactionary decisions from the Court for another generation. I love the way proponents of prayer in the public square frame this as a freedom of religion issue. For crying out loud, YOU CAN PRAY ALL DAY LONG IF YOU WANT TO. When you do it in a public meeting, representing an institution of government that should have no association with a particular religion whatsoever, you are just cramming it into people’s faces and undermining their trust in the impartiality of government.

Nigerian abduction. Well, it took long enough for the press to talk about this, but they are finally giving it the coverage it deserves, thanks to a groundswell of anger from the grassroots. For a couple of weeks after this abduction, I kept thinking, where is this story? Our press tends to keep its distance from stories in Africa, unless they are real blockbusters. It’s just as well that there is some people power behind this … maybe that will bring about some meaningful  change in Nigeria.

luv u,

jp

For the money.

So the Reagan/Bush/Bush-appointed reactionary majority on the Supreme Court came down on the side of the mega-Rich in their McCutcheon decision. There‘s a big surprise. They’re just doing what they were hired to do – help the rich tip the scales of justice against the rest of us. Now Shelly Adelson can give the maximum donation to every candidate for every office in the country, from President of the United States to Town Council member of Taberg, NY,  and still have money left over from his weekly allowance to buy a spectacular night on the town. (Not Taberg, of course.)

Big sack of money wins againOnce again, thank you, George W. Bush, for locking in this reactionary Supreme Court majority for the rest of my natural life. It’s the gift that keeps on giving, like the Iraq war (motto: killing people from Fallujah to Fort Hood since 2003). So we should expect more of this sort of thing; ultimately, I am sure, the remaining flaccid constraints on the outright purchase of our elections by billionaires will be condemned as violations of “speech” and stripped away. McCutcheon was delivered with the same Panglossian assurances offered in Citizens United that, in essence, the market will govern itself. We’ve seen where that goes.

In truth, though, money in politics – outside of plain bribery – is only as effective as we allow it to be. Its main power is in the purchase of advertising, so it crucially relies on our susceptibility to marketing. We can counteract all of Adelson’s and the Kochs’ billions by simply not being gullible, by standing up and voting, by organizing, and by exercising those formal constitutional rights that haven’t yet been excised in service to corporate power. This isn’t easy, but it is possible. Ask anyone who has lived through an oppressive regime – they’ll tell you that people just assume what they’re being told is bullshit. We can do the same thing. We can make their billions worthless. (We saw a small demonstration of that in 2012.)

Let’s do it again this year. Let’s devalue their advantage. It’s the only way out of this mess, frankly.

luv u,

jp

Next round.

Sure, I’m surprised that the Affordable Care Act survived this past Thursday. I thought the mainstream media was going to talk it to death, frankly. Talk about wind-ups … by the time 10:00 a.m. rolled around, I was too bleeping sick of the issue to even care, and let me tell you – that’s quite a distance for me. It’s just that the horserace coverage of every political issue gets under my skin in the worst way. The merits of a given issue are never deeply examined; it’s always he said this, she said that. No way to work out which is closer to the truth.

They did this with health care, pretty much all day. After the decision was handed down, NPR had some guy from Cato and a policy wonk from the administration. Basically just put them in a room and watch them spar. Of course, Cato guy is much further to the right than the Obama person is to the left, so it’s kind of a straw man argument at best. How is this news? They pulled the same thing with the “Fast and Furious” faux-scandal. Even though Fortune Magazine blogger Katherine Eban blew a hole in the standard story about this a full day before, NPR, NBC, and other mainstream outlets were still framing the argument the same way – the GOP want documents, Holder and Obama say no. He said, they said.

What about the merits of the Affordable Care Act? I was never a big fan. It is, of course, a conservative idea, like cap and trade – market-based policy designed to head off something saner and more effective. Basically profit insurance in its purest form. Nevertheless, it establishes the concept of national health insurance for the first time, so that’s a minor step forward. The mandate requirement includes a penalty that the Supreme Court has called a tax; there’s a shocker. I wrote about this herein a few times, I think, most recently in March. Arguably any cost the government imposes can be described as a tax. I would go so far as to say that the failure to provide affordable universal coverage is a kind of tax, since everyone ends up paying through the nose as a result of its absence.

The G.O.P. is crowing because it thinks it has a tax issue for the coming election. All I can say is that, for all their bluster, they are responsible for the single largest tax hike I have ever had – their refusal to renew the “Making Work Pay” tax credit cost me $800 last year, as it did millions of other Americans. Where’s your tax issue now, boys?

luv u,

jp

American take-away.

It’s official: if you get pulled over for an out-of-date inspection or soft tires … or perhaps nothing at all, you can be strip searched. Thank you, Anthony Kennedy. Thank you, George W. Bush.

Why George W. Bush? Because he appointed a right-wing chief justice when Rehnquist had to step down in 2005. In truth, I should blame voters in the 2004 election for reelecting a right-wing imbecile to the presidency – one who would be there to appoint Scalia clones as needed. The Roberts appointment was particularly crucial in that Supreme Court Justices – who are imagined to be somehow magically apolitical – always seem to delay their retirement until the presidency is held by someone who shares their ideological world-view. Because of failing health, Rehnquist would have retired in 2005 no matter who won the 2004 election. Ergo, that election was our last opportunity to shift the balance of the court back from right-wing extremism, and we basically blew it.

That’s as it may be. But this FLORENCE v. BOARD OF CHOSEN FREEHOLDERS OF COUNTY OF BURLINGTON ET AL. decision is truly odious, particularly at this moment in our political-cultural history. Think of it: we are in the grips of a national debate about the Trayvon Martin killing – a young man who likely would be alive today if he hadn’t been black. The Martin case is far from unique. Democracy Now! has been reporting on a remarkably heinous police killing of a 68-year-old Marine veteran with a heart condition who rolled over on his medic-alert badge – a false alarm that for some reason brought on the equivalent of a SWAT team from the White Plains PD. (He too was, of course, African-American.) It seems our society is going out of its way to demonstrate how little it values the lives of black people in general, and black men in particular.

That’s how the Supreme Court made a bad thing worse. The “Florence” in Florence v. Board is Albert Florence, a black man riding in the passenger seat of his BMW (his wife was driving) when they were pulled over by the White Plains police. They arrested Florence for a purportedly unpaid fine – which he had paid, and for which he had proof of payment handy when stopped by the police – and took him in, strip searching him (twice) before releasing him after the error was confirmed (presumably by a trustworthy white person). This was just fine with the 5 conservative justices on the court. Now, every black person in America knows what this means – it’s a green light for abusive practices in custody, the humiliation of repeated strip searches. And it will fall disproportionately on them, because they are arrested at a much higher rate than are white people.

It’s the cherry on top of the shit sundae. Just more confirmation of the thesis of The New Jim Crow and Slavery by Another Name. Criminalization of blackness is once again validated at the highest level of our “justice” system.

luv u,

jp

Life and death.

This was a week when national health insurance was equated with cruciferous vegetables; when purveyors of deadly gun violence played the victim and had the law on their side. What a week, eh?

First, the Affordable Care Act being considered by the gang of nine (robes division). There are a great many things that might be said of the judicial theater we were all treated to this week, but from my perspective – a limited one, to be sure – they boil down to the following points:

Health Care: Still Not A Vegetable. This is one of those vacuous, tea-party type arguments that has been thrown around since the Affordable Care Act (ACA) was considered by Congress. Jesus freaking christ on a bike, Justice Scalia … no, health care is not the same as freaking broccoli. You can live your whole miserable life without eating a single floret of broccoli, but god damn it you will certainly end up in a hospital at some point, and someone is going to pay for it. And no, it’s not a cell phone either, damn it. Some people have never used one; my 85-year-old mother for one. Neither cell phones nor broccoli are essential or inevitable like medical care in America.

Pick Your Constitutional Overreach. Justice Kennedy – a.k.a. he who will decide whether millions can see a doctor or not – appears to think that the ACA fundamentally changes the relationship between the government and the people. Many take this as confirmation that it is constitutional overreach. But even if it were, why pick that out of the crowd? We have undeclared wars that last ten years and more. We have routine violations of fourth amendment rights. Our government kills, detains, and spies on people at will without any discernible limit. Why aren’t these same people attacking those excesses? Or is it just that they are attacking the ACA because they disagree with it politically? Thought so.

Where’s Thomas? I’ve heard the audio from these sessions, mostly on NPR, and I have heard comments from every justice but Thomas. Every single one had something noteworthy to say except Thomas. Has someone tried shaking him or poking him with a stick lately? I’m not sure he’s responsive at this point. Strange, strange justice.

The outcome of this life or death question could take any of a number of shapes, but my money is on their striking it down, mostly because conservatives (i.e. reactionary statists) are in the majority, thanks to George W. Bush and the ignorant people who re-elected him. They showed their impartiality with Bush v. Gore and Citizen’s United … and it doesn’t bear close scrutiny.

Re: Trayvon Martin. The police video shows that Zimmerman is not only an extreme exaggerator, but also a good deal more athletic than we’d been led to imagine. But the real perps here are the Florida legislature, former governor Bush, ALEC (the American Legislative Exchange Council), and the NRA – authors of the “Stand Your Ground” legislation that has made such slaughter legal. Time to shoot the law, Florida. It’s a question of self defense.

luv u,

jp