Tag Archives: Gorsuch

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

Check out our political opinion podcast, Strange Sound.

The right to be forced into childbirth

Let me put this right on the table. I am a cisgender white male, born into considerable privilege (though not rich) and raised in a rock-rib Republican town that is also home to Congresswoman Claudia Tenney. Unlike Claudia (who is currently warning on Twitter of yet another election-year migrant “caravan” coming north from the brown countries), I am pro-abortion rights, 100%. And if I were against abortion, no one should listen to me …. because I am a cisgender white male who will never need the procedure, and should shut the fuck up.

In light of the leaked Alito draft opinion on Dobbs v. Jackson Women’s Health, I feel as though I should map out my reasons for supporting women’s bodily sovereignty. None of my thoughts on this are unique or particularly original, but this is a time when people should voice their opposition to the Taliban-like edicts of our robed overlords on the Supreme Court, in hopes of mobilizing even broader opposition. Aside from organizing, volunteering and donating, it’s all we’ve got left at this point.

Thus far and no farther

First point: I have long felt that our bodies are our own personal nation, and that we are the sovereigns of that nation. Sure, we can’t control everything that happens within our borders, so to speak, but we should have the final word on any interventions from the skin inward. That seems pretty minimal to me in the way of human rights. Men insist on this, and rightly so – no forced vasectomies, thank you very much. And I intend on keeping my gall bladder, so there!

Okay, so when a woman is pregnant – and guys, I hope you’re reading this carefully – the pregnancy happens inside of her. That small province of internal space should be totally within her control. You’ve heard the old saying about politics stopping at the waters’ edge? Well, the law should stop at the skin. If a woman wants to bring the pregnancy to term, that’s her right. If she wants to end it, prevent it, whatever, that’s her fundamental right as well. It’s a question of sovereignty, you see.

Freedom from religion

Last time I looked at the First Amendment, it appeared to say something like this:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

This is our guarantee not only of freedom of religion, but freedom from religion. Now, when you hear right-wingnuts and religious zealots talking about when life begins, it’s important to remember that they are expressing a religious belief. The idea that “life” begins at conception has no basis in science. If they are passing laws that force us to comply with this warped take on human biology, by any reasonable standard that amounts to compelling us to live according to the strictures of their religion.

This is indefensible on first amendment grounds. Unless, of course, our hyper partisan Supreme Court decides otherwise.

Card-carrying justices

Let us face it, the Supreme Court is an overtly political institution. Regardless of what they say at their confirmation hearings, conservative justices are only going to vote on way, regardless of the facts or the law. As Elie Mystal has pointed out many times, Gorsuch, Kavanaugh, and Barrett were bred to overturn Roe v. Wade – no amount of argumentation will convince them otherwise.

If the Court decides to overturn Roe, people like me have to stand up. We all know multiple women who have relied on this constitutional right at one point or another. We need to ally with women, support them, and fight for justice. That’s the only way forward.

luv u,

jp

Check out our political opinion podcast, Strange Sound.

Roe v. Squee.

As I write this, we are witnessing a shameful pissing match between the state legislators and governors of Republican-dominated states to see which group of Christian Taliban can pass the most restrictive abortion ban in the nation and spawn the lawsuit that will result in the reversal of Roe v. Wade. Ohio and Georgia were taking the lead last week, the latter passing a “fetal heartbeat” bill that would make the procedure a felony after six weeks, no exceptions other than saving the life of the mother. (The bill was signed by Georgia’s illegitimate governor, Brian Kemp.) Not to be outdone, Alabama this week sent to its Nazi governor (Kay Ivey) a very near to total, outright abortion ban, again, criminalizing the procedure. Texas, not surprisingly, is working on making abortion a capital crime.

Probably the only good thing that can be said about this orgy of ignorance is that we don’t have to listen to these right-wing boneheads claim disingenuously that they care about the health and safety of pregnant women – a trope we frequently heard in defense of TRAP laws that required hospital-grade specifications in women’s health clinics and hospital admitting privileges for providers. Cold comfort, to be sure. Based on some of the comments I’ve heard from these “pro-life” legislators, I have no confidence that they have any inkling of what the consequences of this legislation will be, and I’m sure they don’t care. And these are far from simple questions. For instance, if you live in Georgia and you travel to New York for an abortion, I understand that you will be subject to prosecution under the new law. What if you live in New York, get an abortion in New York, then move to Atlanta? What sanctions will that carry?

What would Squee do?

I have heard a lot of speculation on whether any of these recent bills will be the trigger for Roe’s demise at the Supreme Court, now fully constituted with the illegitimate justices Gorsuch and Kavanaugh (i.e. Squee’s buddy). Some have suggested that the Roberts court prefers a more gradualist approach to sending women back to the middle ages; that the reactionary majority is more likely to sign off on something like the Louisiana TRAP legislation than these more recent, far more draconian measures. I will believe this when I see it. I know Roberts is reputed to care deeply about the reputation and public perception of the high court, but will he resist reversal of Roe when it is served up to him and the pressure from the right is at full volume? Again … we’ll see. I’ve got a bad feeling about this.

Moral of the story? Simply this: we didn’t get to this place by doing the right thing. By letting the GOP win race after race, in 2010, 2014, 2016, and yes, 2018 (in the Senate), the attack on women’s reproductive rights was practically guaranteed. Whatever else we do as activists and citizens, WE NEED TO VOTE IN OVERWHELMING NUMBERS. That is our last hope for women, for the environment, for sane public policy.

luv u,

jp

In the white room.

Three big Supreme Court decisions this week, all stemming from one big electoral decision we all made two years ago. If one were to make the point that elections have consequences, one could hardly do it more effectively than by offering these disastrous judicial outcomes as evidence. For the life of me, I will never understand why Americans on the left side of the political spectrum do not consider the makeup of the Supreme Court (and the federal judiciary more broadly) as a voting issue of primary importance. I may be thinking about a lot of things when I mark that ballot, but no single item more than that of who will be deciding these cases for the next 30 years.

Trump's new BFF.This fact is about to be brought home to us all in a far more profound way: Justice Kennedy has announced that he will retire at the end of next month, and I have no doubt that Trump and McConnell will ram a nominee through the confirmation process faster than anyone can imagine. That will lock in a 5-4 reactionary majority on the Court that will be with us for a generation, reversing Roe v. Wade, detonating the remnants of the Voting Rights Act, and generally demonstrating that the Court cannot be relied upon to serve as a bulwark against aggressive extremism. I was never a big fan of Kennedy. Sure, he was the fifth vote on some crucial cases affecting LGBTQ rights and so on, but he is a stingy old stick who apparently isn’t even giving a second thought to allowing this unstable president to choose his successor.

It’s revenge of the white people. With the demographic tide turning against Republicans, the only way they can continue to win elections is through gerrymandering, voter fraud accusations, and an attack on the franchise wherever and whenever brown people dare to exercise it. They’ve made their way into power, and now they are bending every effort to close and lock the door behind them. They are able to keep us in their little white room because, since 2009, we have been either unable or unwilling to stop them from building and consolidating their control of government at every level.

So, what we have now is the same problem we had two, four, eight, and ten years ago. We just need to be willing to fight back in as many ways as are available to us. One is voting. Another is protest. But first and foremost, contact your senators and tell them to dig in, pull out the stops, and do whatever they can to keep Trump from appointing another Gorsuch.

luv u,

jp

Decision point.

This past week, the Supreme Court decided that undocumented immigrants don’t have the same fundamental rights as American citizens. That’s essentially what their decision in Jennings v. Rodriguez amounts to. People who cross into the country can be detained indefinitely, as they have been under the last four administrations, as per a narrow majority on the Court. (The opinion was written by George W. Bush appointee Samuel Alito.) It was a 5 to 3 decision, with Justice Kagan recusing herself, so for me the lesson of this – and other cases – is that elections matter and that people on the center-left need to start voting on the issue of the Supreme Court and who will garner a lifetime appointment to that august body.

Supreme Court: Not just a building.If Hillary Clinton had been elected president, she would have appointed someone relatively progressive to the Supreme Court to fill the seat currently held by Neil Gorsuch (illegitimately, in my view). That would likely have rendered a 4 to 4 split in the Rodriguez case, which would have allowed the lower court ruling in Rodriguez’s favor stand. This case makes a material difference in the lives of thousands upon thousands of human beings – individuals and families making the dangerous crossing into this country, seeking a marginally better existence than what they face back home.

This is not the only instance – there will be many more. The Friedrichs case in 2016 was another prime example of why we can’t sit on our hands, waiting for the perfect candidate. That was another 4 to 4 tie, allowing the lower court decision to stand, this time in favor of allowing unions to collect agency fees from non-member employees. Janus v. AFSCME, which is now before the court, addresses this same issue, and as a result of Trump’s election and appointment of Gorsuch, it is likely to go against the unions. That will likely commence a death spiral for public sector unions, undermining the last vestige of organized labor strength in this country. That’s a disaster for workers, and it’s effing because people couldn’t bring themselves to vote for someone they didn’t like (Clinton) in 2016 in order to save the effing Supreme Court.

It gets worse. Justice Kennedy is likely to step down before the end of Trump’s term. That likely means a permanent reactionary majority on the Court for decades to come. That said, it’s never too late to learn. So people: whatever else you do politically, vote to make a difference, not to express your identity. Push the Democratic party in a progressive direction through action, internal pressure, and primary campaigns, but do not forget what’s at stake when the general election arrives. Lives literally hang in the balance.

luv u,

jp

Nuclear option.

I’m undecided as to whether this is a great time to be a political writer or an abysmal one. There is so much going on every day of this new presidential administration, it’s enough to fill a months worth of posts. It’s hard not to return to the “drinking from a fire hose” cliche, frankly. Even so, I’ll take a whack at some of what happened this week in my wobbly, amateurish way and we’ll see where we end up.

Russia and Germany. Trump’s visit with German Chancellor Angela Merkel was odd and awkward. She had that kind of hostage video look, sitting there with Herr Mr. Hair, asking for a handshake and being rebuffed by the new leader of the “free” world. If she isn’t uneasy about this president, I don’t know what it would take; just listening to the press conference exchanges between Trump and the German press is enough to convince anyone that the man needs professional help. And the rebuff over the handshake will only feed the notion that he is a man who will say or do nothing to offend one V. Putin.

Mr. not-so-nice guyThat’s the stuff conspiracy theories are made of. So … why does he keep fucking doing it? If there turns out to be no serious collusion between Trump’s people and the Russian government, his administration is the most productive conspiratorial smoke machine ever constructed. Major administration advisors had conversations with Russian officials during and after the campaign, lied about it, then fessed up when the lie was exposed. If it’s above board, why don’t they just effing say so? I don’t get it.

Blind Justice. Gorsuch took the stand in his confirmation hearings this week in the U.S. Senate. Big charm offensive, though it’s obvious where he’s coming from both judicially and politically. Still, I count myself among the number who simply oppose Gorsuch because he was nominated by Trump. It they blow up the filibuster, fine … there’s no saving it for later. If when you use it you lose it, then it doesn’t really exist anyway.

It appears as though the Democrats are leaning towards this strategy, based on what Schumer and others are saying. Some of the Democratic senators, like Franken and Whitehouse, delivered some very strong criticism not only of Gorsuch but of the entire right-wing judicial and broader political agenda, so that’s all to the good.

The health insurance went down in flames, so I’ll return to that next week. My guess is that, AHCA or no AHCA, the GOP congress and Trump Administration will do everything in their power to crash the ACA through deregulation, funding cuts, and more. This fight will continue.

luv u,

jp