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Thursday, June 30, 2022

The Supreme Court will come for your Social Security. Count on it

Is the radical, Trump-packed U.S. Supreme Court going to be satisfied it has owned the libs once it has done away with contraception, abortion, marriage equality, voting rights, and the federal government’s ability to regulate anything to protect citizens from guns to baby food to air and water? In a word, no. Their list of grievances against 20th-century progress isn’t going to stop with our private lives. Not when their twin bugbears of the New Deal and Great Society still stand. Not until they’ve completed the Great Regression. Elected officials haven’t been able to get it done, so the unelected Supreme Court will take on the job.

Since the Social Security Act was enacted into law on August 14, 1935, Republicans have tried to tear it down. The thought of all that money being safely stored away by the government to help secure dignified and sustainable retirements for regular working people has rankled the Republicans all these decades. Elected officials have tried and failed. Case in point: Former President George W. Bush entered his second term in office with a radical “reform” plan to privatize Social Security. “I earned capital in this campaign, political capital, and now I intend to spend it,” he declared after the 2004 election.

He really did try, and the people turned on him. “According to the Gallup organization, public disapproval of President Bush’s handling of Social Security rose by 16 points from 48 to 64% between his State of the Union address and June.” Democrats were united against his proposal and Republicans could see it was toxic, and used Bush’s post-Hurricane Katrina dive in public support to pull the plug. Even the Very Serious People involved in all those Very Serious commissions making all their Very Serious pronouncements about how Social Security has to be “reformed” because the deficit have not been able to convince elected Republicans to finally do it. Because elections would be hard to win afterward.

So it will be down to the unelected Supreme Court to do it, just as the Federalist Society—which built this court with the enthusiastic assistance of Mitch McConnell, George W. Bush, and Donald Trump—has  intended all along.

Erica Suares, policy adviser to McConnell made that very clear with the confirmation of Neil Gorsuch to the seat McConnell stole from President Barack Obama and his nominee, Merrick Garland. Trump Supreme Court nominees could “fundamentally change the country,” she said. The goal was “shifting the culture” toward a limited federal government, adding “with these lifetime appointments we can really change the country in a short period of time.” Will Dunham, then policy director for Minority Leader Kevin McCarthy and a Heritage Foundation alum, said they were aiming beyond undoing Obama’s achievements at going “even further back—all the way back to the New Deal.”

The New Deal, and after it, LBJ’s Great Society, are definitely on the chopping block once civil rights have been done away with. It’s been the plan for decades, as described in 2018 by People for the American Way’s Peter Montgomery.

Throughout its history, a central focus of Federalist Society members has been developing and promoting a pre-New Deal understanding of federalism. A 1998 student conference focused on the structure of the Constitution, including “undoing the New Deal.” In 2001, the society sponsored a conference called “Rolling Back the New Deal.” It featured a presentation by law professor Richard Epstein called “The Mistakes of 1937”—a reference to the Supreme Court adopting a more expansive interpretation of the Commerce Clause. Epstein, an influential Federalist Society figure, has also promoted an extreme view of “takings” doctrine under the Fifth Amendment, which he admitted in a book on the topic would effectively invalidate most laws passed in the 20th Century.”

All of that built on the shaky foundations of “originalism,” now the prevailing constitutional theory of the Court. This “once […] fringe intellectual concept, confined to conservative legal circles,” has “achieved its ultimate ascendance,” writes Joshua Zeitz who will soon release Building the Great Society: Inside Lyndon Johnson’s White House.

“The theory, which views jurisprudence as frozen in time, flatly rejects the idea of the Constitution as a living and evolving document and instead demands that we interpret its provisions exactly as the framers intended,” he explains, even though the execution of that theory in supporting radical decisions is at best sloppy and at worst a complete misreading of actual history and prevailing thought at the founding.

“Curiously, in the space of 24 hours, the court’s majority moved the goal posts—1790s for guns, 1850s or so, for abortion—in determining what historical standard should inform the boundaries of constitutional exegesis,” Zeitz writes. They also reversed themselves on the idea of states’ rights in that 24 hours—the state has no authority whatsoever when it comes to guns, all the authority when it comes to abortion. At least until a Republican Congress passes a national ban on abortion. That they’d uphold.

This is a court that will have absolutely no compunction about declaring Social Security unconstitutional—and with it, Medicare and Medicaid and most of the safety net. The foundation on what passes for intellectual thought in the far right to do so has been built. All it’s going to take is the right set of challenges, which Trump-packed federal courts will happily provide.

Unless they are stopped.
What would Jesus say to the Supreme Court as it methodically takes away your rights and entitlements?  In the vernacular of our day, we're guessing this would be his response.

Wednesday, June 29, 2022

Why it was 'the most damning Jan. 6 testimony yet'

David Graham, writing for The Atlantic, sums up the riveting testimony of Cassidy Hutchinson, aide to Mark Meadows, Donald Trump’s chief of staff, regarding the events of Jan. 6.

Donald Trump knew the protesters marching on the Capitol on January 6 were armed. He knew they could do harm to someone. He wanted to go to the Capitol with them as they marched that afternoon. And he did nothing to stop them as they attacked.

The salient point here is Trump’s knowledge and support of the fact that an armed (some carrying Glock pistols and AR-15s), violent mob was imminently going to march on the Capitol in an effort to overturn an election that he had lost.

When Trump arrived at a rally on January 6, he saw that the space for the speech was not totally full, Hutchinson testified today. Ever attentive to optics, he wanted the area filled, but many attendees were outside a cordon, because they weren’t allowed in: The Secret Service had set up magnetometers, or mags, and these people were carrying weapons. They didn’t want to disarm, and couldn’t enter while carrying. But Trump didn’t care.

“They’re not here to hurt me,” he said, according to Hutchinson. He demanded that the Secret Service “take the fucking mags away,” and added, “They can march to the Capitol after this is over.”

Not only did he support the mob’s presence, its plans of violence, but, according to conversations Hutchinson described, he made a concerted effort to join in with them, allegedly physically accosting members of his own Secret Service detail in a futile effort to personally lead the mob himself (NBC now reports that the Secret Service officers involved dispute some of the facts underlying Hutchinson's assertions).

As Graham observes, there is no longer any room for Trump or anyone else to contend that all that was sought was a “peaceful demonstration.” There is no longer any room for farcical rejoinders that the “demonstrators” were peaceful and “unarmed.” The intent was to hurt, maim and kill if necessary, which is exactly what these people were prepared for, and exactly what they did.

There is no longer any room to explain why, in light of that knowledge, Trump did absolutely nothing for hours to stop the insurrectionists from trying to achieve their goal: “Her account establishes that Trump knew that the crowd was armed and understood that they were there to threaten or harm someone—specifically, his opponents—and that he wanted them to march on the Capitol with those weapons.”  And there is no possible way to explain away his callous indifference to the potentially deadly threat to his own vice president.

As the New York Times’  Peter Baker noted during the testimony:

Screenshot2022-06-28at15-45-34Jan.6PanelHearingsUpdatefromPeterBaker.png

Or, as Graham himself puts it: “If you pour gasoline all over a building, tell some people it is essential the building burn, and make sure they’re carrying matches and lighters, you are to blame for the arson that follows—especially if you then decline to call the fire department and condone the inferno.”

There is simply no longer any possible excuse for not prosecuting this man. At this juncture, the failure to prosecute him would be a travesty and mockery of justice, far worse for this country in the long run than any possible “damage” that could possibly result.

"There is simply no longer any possible excuse for not prosecuting this man."

Tuesday, June 28, 2022

The Supreme Court has now become merely an extension of Fox News

WASHINGTON, DC - MAY 16: A view of the protective fencing in front of the U.S. Supreme Court Building on May 16, 2022 in Washington, DC. The Court issued decisions for two cases, Patel v. Garland and Federal Election Commission v. Ted Cruz for Senate. (Photo by Anna Moneymaker/Getty Images) 
When you have to fence off the Supreme Court, something is clearly amiss.

It’s exceedingly rare that the Supreme Court simply snatches away an established constitutional right, let alone one impacting personal bodily autonomy that had stood for nearly half a century and enjoyed the support of well over half the nation’s citizens. It is completely anomalous when it does so with such evident glee and malevolence.

Far from a measured, evenhanded assessment of the law, the Alito opinion overruling Roe v. Wade is a product of an unmistakable, pathological hatred, alternately sneering, sarcastic, and triumphant in its contemptuous tone of disregard (for women in particular). It is a product of untrammeled hate and repressed anger, weirdly prickly and dismissive of its obvious real-world ramifications. In short, it is something quite unlike anything we have ever seen spewed from a purported arbiter of our justice system.

But that is because it was not written for those whom it victimized, but rather as a punitive, self- congratulatory victory lap for its proponents. As pointed out by Adam Serwer writing for The Atlantic, it is an opinion with a tenor and content that owes itself more than anything to the familiar hyperpartisan spew of Fox News and other right-wing media outlets.

[T]he Supreme Court has become an institution whose primary role is to force a right-wing vision of American society on the rest of the country. The conservative majority’s main vehicle for this imposition is a presentist historical analysis that takes whatever stances define right-wing cultural and political identity at a given moment and asserts them as essential aspects of American law since the founding, and therefore obligatory. Conservatives have long attacked the left for supporting a “living constitutionalism,” which they say renders the law arbitrary and meaningless. But the current majority’s approach is itself a kind of undead constitutionalism—one in which the dictates of the Constitution retrospectively shift with whatever Fox News happens to be furious about. Legal outcomes preferred by today’s American right conveniently turn out to be what the Founding Fathers wanted all along.

The 6–3 majority has removed any appetite for caution or restraint, and the justices’ lifetime appointments mean they will never have to face an angry electorate that could deprive them of their power. It has also rendered their approach to the law lazy, clumsy, and malicious, and made the right-wing justices’ undead constitutionalism all the more apparent.

This week MSNBC’s Joe Scarborough made this observation about the tone of Alito’s opinion, and as reported by Travis Gettys for Raw Story, he is 100% correct:

“[M]ore than any Supreme Court decision I've ever read, it was -- even the language, there was a violence to the reasoning. We win, you lose. We're taking away these rights, and there's nothing you can do about it. Please, if somebody disagrees with me, please let me know where a court has overruled a right that's been in place for 50 years and done so in such an aggressive manner with absolutely no grace and absolutely no outreach to their legal or ideological opponents."

If that doesn’t signify something gone terribly awry with this so-called court, then nothing ever will. But here we are, in the space of a brief weekend, waking up to half the country’s legislatures furiously engaged in the process of transforming anyone who ever becomes pregnant into permanent second-class citizens, saddled with less autonomy and freedom than any of their counterparts for the rest of their lives. And most of us witnessing this travesty are still numb with disbelief.

It’s no wonder that many of our European and other Western counterparts reacted with horror to the decision. Witnessing what was once—tacitly, at least—accepted as the beacon of democracy succumb to theocratic-inspired madness and misogyny imposed by this sharia-like edict of its judicial system has probably permanently consigned us in the minds of most developed Western countries to the status of a nation in irreversible decline. America has proved its exceptionalism: It’s now an exceptionally telling example of how corruption in so-called “democratic” government can affect the real lives of ordinary citizens in terrifying ways. The fact that this outrage is not simply an anomaly but appears to be a harbinger of even further intrusions and degradation into American lives suggests that the grand American Experiment has failed and is ready to be stuck with the proverbial fork.

But back to the court itself. As Peter Coy writing for The New York Times explains, that august body necessarily operates on a presumption of fairness. Unlike the executive or legislative branches, for whom ideology and partisanship may be expected, the descent of a supposed neutral branch of government into rank ideological triumphalism spells doom for its legitimacy in the eyes of the people it’s supposed to be serving. As Coy writes:

That’s why the politicization of the U.S. Supreme Court is so alarming. People on the losing end of Supreme Court decisions increasingly feel that justice is not being served. That’s a scary situation for the high court, and for American democracy in general.

“The Supreme Court has no power to enforce its decisions,” Daniel Epps, a law professor at Washington University in St. Louis, told me on Friday. “It doesn’t have an army. The only thing it has power to do is write PDFs and put them up on its website.”

All the Supreme Court really has to go on is the public’s acceptance of its rulings as legitimate. “Once you lose that, it’s not really clear what the stopping point is,” Epps said.

Let’s help Epps out here. Once the court’s pronouncements and the court itself are perceived as illegitimate by the majority of Americans, the stopping point is first defiance, and then outright disobedience. Where that may lead this country is unknown. But by selling itself out so blatantly and callously to the rabid right, this court has invited that response.

As the saying goes, “you break it, you bought it.”

 
"Once the court’s pronouncements and the court itself are perceived as illegitimate by the majority of Americans, the stopping point is first defiance, and then outright disobedience."

Monday, June 27, 2022

ALDOUS J. PENNYFARTHING: Needless to say, the rest of the world is none too impressed with our SCOTUS at the moment

A pro-choice supporter cries outside the US Supreme Court in Washington, DC, on June 24, 2022. - The US Supreme Court on Friday ended the right to abortion in a seismic ruling that shreds half a century of constitutional protections on one of the most divisive and bitterly fought issues in American political life. The conservative-dominated court overturned the landmark 1973 "Roe v Wade" decision that enshrined a woman's right to an abortion and said individual states can permit or restrict the procedure themselves. (Photo by OLIVIER DOULIERY / AFP) (Photo by OLIVIER DOULIERY/AFP via Getty Images) There are no words, but Pennyfarthing gives it a shot...

America used to be a beacon of freedom in an uncertain world. Sadly, that was before a rabid minority of our citizens tapped Adderall Hitler to remake our Supreme Court in The Federalist Society’s image. Now our nation is not so much a beacon as a UV black light in a gross motel room Donald Trump just slept in. 

The rest of the world is still watching, but they’re no longer nearly as inspired by what they see. And SCOTUS’ seismic decision to vaporize Roe v. Wade is a case in point.

I used to hope the U.S. might eventually embrace Scandinavian-style social democracy. Eventually, I lowered my expectations and thought, “Well, Canada’s nice. Universal health care. Reasonable gun control laws. Ted Cruz-free since 1974. Let’s be more like Canada!” Now I just wish we could be as enlightened as Kazakhstan.

It’s embarrassing to live in a country that does this to its own citizens, but it’s even more horrifying than it is embarrassing. That said, American progressives have been in the boiling-frog stage of this rolling disaster for some time. We see the rot up close. But what does the rest of the world think?

Spoiler alert: They think we’re effin’ bonkers.

The Guardian:

The end of constitutional protections for abortions in the United States has been described as a “backwards” move by world leaders and health organisations, while handing a huge boost to pro-life groups around the world.

The Canadian prime minister, Justin Trudeau, the French president, Emmanuel Macron, and the British prime minister, Boris Johnson, all condemned the supreme court’s overruling of the landmark Roe v Wade decision, while New Zealand’s prime minister, Jacinda Ardern, said the decision was “incredibly upsetting”.

“Watching the removal of a woman’s fundamental right to make decisions over their own body is incredibly upsetting,” she said.

You know, when Boris Johnson thinks you’ve gone off the deep end, maybe it’s time to reexamine your choices.

 

The news coming out of the United States is horrific. My heart goes out to the millions of American women who are now set to lose their legal right to an abortion. I can’t imagine the fear and anger you are feeling right now.

No government, politician, or man should tell a woman what she can and cannot do with her body. I want women in Canada to know that we will always stand up for your right to choose.

Trudeau, Macron, Johnson, and Ardern were hardly alone, of course. World leaders have been nearly universal in their condemnation of SCOTUS’ shocking rollback of individual rights. (The Taliban could not be reached for comment.)

In the wake of the ruling, UN Secretary General spokesperson Stephane Dujarric stated, “[S]exual and reproductive health and rights are the foundation of a life of choice, empowerment and equality for the world's women and girls.” She continued: “It’s also important to note that restricting access to abortion does not prevent people from seeking abortion; it only makes it more deadly. UNFPA [United Nations Population Fund] tells us that some 45 percent of all abortions around the world are unsafe, making it a leading cause of maternal [death].”

Spanish Prime Minister Pedro Sánchez tweeted, “We cannot take any rights for granted. Social achievements are always at risk of going backwards and their defense has to be our day to day. Women must be able to decide freely about their lives.”

In another tweet, Norwegian Prime Minister Jonas Gahr Støre stated, “This is a serious step backwards for women's rights!”

And Belgium PM Alexander De Croo tweeted, “Very concerned about implications of [the Supreme Court] decision on #RoeVWade and the signal it sends to the world. Banning abortion never leads to fewer abortions, only to more unsafe abortions. Belgium will continue to work with other countries to advance #SRHR [sexual and reproductive health and rights] everywhere.”

Meanwhile, First Minister of Scotland Nicola Sturgeon noted that this rot could spread elsewhere, now that America has decided to get medieval on our ass.

 

One of the darkest days for women’s rights in my lifetime. Obviously the immediate consequences will be suffered by women in the US - but this will embolden anti-abortion & anti-women forces in other countries too. Solidarity doesn’t feel enough right now - but it is necessary.
 

Eventually, with enough dedication and hard work, we may be able to wrest these rights back from the fiends who snatched them away in the night. But it’s easy to get demoralized by the fact that we’re still arguing about this—this!—in 2022. 

But argue—and plead, and wheedle, and rage against the system—we must. Two steps forward, one giant leap back. But we keep moving, because we have no choice.

Make them pay, folks. They’ve left us no other option. This is war.

It this doesn't symbolize what the GOP has given us as a "Supreme" Court...

 

Sunday, June 26, 2022

Susan Collins did this.

In this image from video provided by Senate TV, Sen. Susan Collins, R-Maine., speaks on the Senate floor about her vote on Supreme Court nominee Judge Brett Kananaugh, Friday, Oct. 5, 2018 in the Capitol in Washington.  Sen Shelly Capito, R-W.Va., sits rear left and Sen. Cindy Hyde-Smith, R-Miss., sits right.  (Senate TV via AP)
You're reaping what you sowed on this one, Sen. Collins.

Sen. Susan Collins, ostensibly one of two Republicans who support abortion rights in the Senate, is of course very concerned that the radical Supreme Court has just ended a federal guarantee of abortion rights in the United States, and is very disappointed that the nominees she voted for did this thing. Because, gosh, none of us could have foreseen that Lyin’ Brett Kavanaugh, who lied in two separate confirmation processes, was not being honest with her.

Collins didn’t vote for Amy Coney Barrett. Senate Minority Leader Mitch McConnell let her off the hook on that one because he didn’t need her. He made Lisa Murkowksi do it. 

When Collins stood on the Senate floor on Oct. 5, 2018 and announced what everyone already knew already—she was voting for Kavanaugh—she said: “Judge Kavanaugh is the first Supreme Court nominee to express the view that precedent is not merely a practice and tradition, but rooted in Article III of our Constitution itself.”

“He believes that precedent ‘is not just a judicial policy … it is constitutionally dictated to pay attention and pay heed to rules of precedent,’” Collins said. “In other words, precedent isn’t a goal or an aspiration; it is a constitutional tenet that has to be followed except in the most extraordinary circumstances.” Ha. “The judge further explained that precedent provides stability, predictability, reliance, and fairness.” Ha, again.

That’s after Kavanaugh’s lies to the Senate Judiciary Committee for his lower court nomination were exposed. It was not secret that Kavanaugh is a liar. 

It was no secret that Kavanaugh was hostile to abortion rights: Just a year before his confirmation, Kavanaugh would have denied a 17-year-old detained immigrant an abortion while he was on the D.C. Circuit Court of Appeals. “The Government has permissible interests in favoring fetal life, protecting the best interests of a minor, and refraining from facilitating abortion,” Kavanaugh wrote, dissenting from the majority. He called their decision “a radical extension of the Supreme Court’s abortion jurisprudence.”

And now he has his revenge. And now Susan Collins owns this.
Who could've guessed this beer-guzzling crybaby would turn out to be a liar, too?  And now he's a Supreme Court justice for life.  And that's why the Republican Party should be kicked off the planet.

Saturday, June 25, 2022

Everyone knows the Supreme Court conservatives were lying in their hearings! Everyone!

Author Celeste Headlee has composed a helpful list of quotes from the Supreme Court justices who overturned Roe today, and it's a reminder that Senate confirmation hearings are, at this point, just another institutionalized venue for lying. Nobody believed what the handpicked far-right nominees were saying, because their far-right patrons would not have pushed for them to take the role if they had not expressed previous support to gut whatever needed gutting to serve the far-right agenda. That was the point.

It should probably go without saying that Amy Coney Barrett was the most flagrant bullshitter.

But she quickly hedged by saying that while Roe was precedent, it wasn't “SUPER-precedent.” That is a real thing that an actual Supreme Court nominee argued. It's also a distinction that the court's conservatives now have to lean on, as they shred hundreds of years of precedent to come to conclusions based on misogynists and would-be revolutionaries of the 1600s. It doesn't matter if we erase mere precedents, because they're not super-precedents. And what's a super-precedent? It's whatever the faux-originalists say they are. For example, the personal musings of an utterly creepy misogynist who advocated for executing unmarried women for suspected witchcraft in the 1600s is now "super-precedent" because that's how far back you need to go to find something modern misogynists can use to erase all the more well-heeled precedents that have been decided since.

But the other nominees peddled similar bullshit. Roe was "precedent," and "settled," and it was all fictions that a few particular senators were very, very eager to pretend to believe because being gullible, brick-headed twits is their whole professional persona. Our betters are expected to lie without consequence, because everyone else in the room wants to lie without consequence, too.

Brett also claimed that every single witness to his multiple sexual assaults was a liar, which Lindsey Graham personally found so courageous it brought him to beet-red tears.

These are more cagey than the Barrett version, and it’s probably because Republicans scurried so quickly to confirm Barrett before the presidential votes came in that she had barely any time for coaching. The others went through the usual coaching drills to make sure they had honed their evasions to the standard equally dishonest senators wanted to hear.

Alito is almost a special case because in his time on the court he, along with ex-justice Scalia and the now sedition-linked Clarence Thomas, sought to throw out precedents with such abandon that not even precedents the three had signed onto mere weeks beforehand were safe. The trio perfected the art of using bizarre historical errata as justification for erasing a hundred years (or four hundred years) of subsequent law, never worrying about whether the logic conflicted from case to case. It’d be almost insulting Alito to suggest that he came into the court with any “judicial” philosophy at all.

It should probably go without saying that Amy Coney Barrett was the most flagrant bullshitter.  So much for the moral integrity of Christians.