Friday, June 24, 2022

The Roe Bombshell Drops (So Let The Resistance Begin)

 


<10:24 a.m.: It's On:
The Bombshell Has Landed, 6/24/22>

In the end, there were no surprises, when the bombshell dropped into my inbox ("BREAKING NEWS"). However, as expected, the 5-4 ruling held largely to the hectoring bluster of the infamous leaked draft opinion, as spelled out by its equally noxious author, "Supreme Court Justice" Sam Alito (“Like the infamous decision in Plessy v. Ferguson, Roe was also egregiously wrong, and on a collision course with the Constitution from the day it was decided," or so he said).

Also, as expected, the Trump-era court appointees, Amy Coney Barrett, Neil Gorusch, and Brett Kavanaugh, voted exactly as their opponents had feared, all along. 

To the end, though, Republican Senator Susan Collins, of Maine, apparently believed the meaningless, noncommittal reassurances of "respect for precedent" that Gorusch and Kavanaugh blandly trotted out to her, during their pre-confirmation interviews. (They lied, something that should be remembered if we survive the next turn in the election cycle.)

The same standard holds true for the Senate's other master of brow furrowing performance art, Joe Manchin ("D"-WV), whose stomach must also be spinning at the speed of sound -- since he was among three Democrats to vote for Gorusch's confirmation, and the only one who accepted Kavanaugh's ascension to the high court bench. A lonely place to be, isn't it? Especially in light of, how shall we put it, current events.

But, like his counterpart from Maine, Uncle Joe released a statement, voicing his troubles and concerns, as they like to call them in Washington: 
“I trusted Justice Gorsuch and Justice Kavanaugh when they testified under oath that they also believed Roe v. Wade was settled legal precedent and I am alarmed they chose to reject the stability the ruling has provided for two generations of Americans."

As many wags observed at the time, such posturing is the equivalent of believing the 411 scammer's equally breezy reassurances that your Ponzi scheme check  is coming in the mail, after all. 

Presumably, Colllins, in particular, will have some "'splainin' to do" when her re-election comes up in 2026 -- that is, if the next couple of election cycles don't end up being our last ones. But I digress.

Also, as expected, "Chief Justice" John Roberts did his usual meaningless difference-splitting act, by voting to uphold the Mississippi law that triggered the final mortal blow to Roe, yet avoiding the itch to join his more deeply reactionary colleagues in overturning it, yielding the final 5-4 margin. Call this approach repression with a friendly face, if you will, as we do.

Meanwhile, over in Germany, the Bundestag has just overturned a Nazi-era law forbidding doctors from providing information on abortion. The procedure is technically illegal in Germany, but is permissible under certain conditions, so long as it's done within a 12-week window. The Bundestag's action means that all convictions handed out since October 1990 under the law are null and void, and any current prosecutions are scrapped.

"For almost a century, doctors have been forbidden and punishable by penalty from providing factual information about methods and possible risks to women who are considering terminating a pregnancy," Justice Minister Marco Buschmann said, in an official statement. "Today, this distrust in women and distrust in doctors is coming to an end."

As for the US? Well, after today, it looks like the Ship of Distrust has definitely left the dock, with 12 states expected to spring "trigger laws" anticipating the end of Roe, and an additional 10 prepared to revive pre-Roe restrictions that had lain silent, yet still remained on the books. Call them fellow travelers in Alito's war against the latter half of the 20th Century, if you must. And we do.

Prepare for the avalanche, as the Alito crew and their fellow reactionaries giddily pop their champagne corks, now that the dream they've worked so hard to achieve for 50 years has become an unwelcome, ugly reality. 

Because, make no mistake, this won't end today with Roe, regardless of Alito's reassurances that his draft language only applies there. If you believe that, well -- I'll let you fill in the appropriate metaphor here. As another old joke runs: right wingers always move on to the next thing they swear they'll never, never do.

And what's more, they're coming after all of it -- contraception, gay marriage, interracial marriage (though that might require "Justice" Clarence Thomas to declare his own union with his insurrectionist trophy wife illegal). 

You name it, it's all going up for grabs, as the Alito gang and its dominionist-minded allies mount their Final Full Court Press of Repression to outlaw anything and everything they don't accept, nor understand. Don't believe me? Thomas has already vowed as much, in his concurring opinion (see Business Insider link below).

Evidently, the same Sotomayor who showed such kind words on Thomas seems to feel a bit differently about him -- and, by implication, others like him -- lately, judging by the dissent she took, along with Justices Elena Kagan, and Ketanji Brown Jackson:


“And no one should be confident that this majority is done with its work. The right Roe and Casey recognized does not stand alone. To the contrary, the Court has linked it for decades to other settled freedoms involving bodily integrity, familial relationships, and procreation.

"Most obviously, the right to terminate a pregnancy arose straight out of the right to purchase and use contraception. In turn, those rights led, more recently, to rights of same-sex intimacy and marriage. They are all part of the same constitutional fabric, protecting autonomous decisionmaking over the most personal of life decisions.

“The majority could write just as long an opinion showing, for example, that until the mid-20th century, ‘there was no support in American law for a constitutional right to obtain [contraceptives].

"So one of two things must be true. Either the majority does not really believe in its own reasoning. Or if it does, all rights that have no history stretching back to the mid-19th century are insecure. Either the mass of the majority’s opinion is hypocrisy, or additional constitutional rights are under threat. It is one or the other.”

So what happens now? Well, in the short run, cry, 'n' yell, rant 'n' rave, scream 'n' rage -- get it out of your system, while it's still possible. And then, start figuring out how to make them regret the hornet's nest that they'll almost certainly stir up.

The outward confidence of these Supreme Court goons says one thing about themselves. However, the eight-foot, black, Berlin Wall of protective fencing that they've chosen to surround their marbled terrarium says something else. 

No matter. The goal should be to make them regret what they've done, publicly and privately, politically and personally, and most importantly, at the ballot box, while we still have that opportunity left, since it's never been more obvious how desperately we need a massive political realignment, something of the likes we haven't seen since 1932, or the post-Watergate era of 1974. 

That starts by sweeping out the eldercrats who've come to dominate our political lives, a moment that's long, long and looonnnggg overdue. We should not have nearly 90-year-old Senators -- Creepy Charles Grassley, come on down; Declining Dianne Feinstein, come on down -- running for re-election, plumping for policies they will never have to personally stare down. Our country should not remain in the grip of our entrenched grandfathers and great-grandfathers, plain and simple. That includes taming the Court, as well, which seems hellbent on taking a wrecking ball to our lives as we've known them.

And if there is a moment of solace to take from today's ruling, it's this: the war against abortion is essentially a war against nouns. And this much we know, and can say, with some kind of certainty. Like all previous wars against nouns, like Afghanistan and Iraq, Prohibition and pornography -- pick whatever example you like -- the outcome essentially remains the same, whether the warmongers understand that reality, or not.

The noun survives, stronger and more resilient than ever. Banning alcohol didn't stop anyone from drinking, and banning abortion won't stop those with the means and the money to continue getting them, including all those Republican mistresses that so many of these "family values"-minded Congressmen and Senators collect, as they grub their way up the ladders of power.

In any case, the old saying, "If you're not on the table, you're on the menu," has never felt more appropriate than it does now. Even so, what is done can always be undone, if the energy and the will exist to do it. Every effort to turn back the clock fails, at some point -- as King Canute discovered, when no pontoon boat arrived to pick him up, as he continued to rage against the tide.

So, with that being said, let's all take a deep breath, then a deeper one still, and think about what needs to happen next. And let the resistance begin this instant, this minute, this second. Because there's so much work to be done, and no time left to waste. --The Reckoner


Links To Go (Hurry, Hurry,
After The Statutory 
Moment Of Silence):

Bangor Daily News:
After Telling Susan Collins It Was "Settled Law,"
Brett Kavanaugh Calls It "Wrongly Decided":
https://www.bangordailynews.com/2022/06/24/politics/after-telling-susan-collins-that-roe-was-settled-law-brett-kavanaugh-calls-it-wrongly-decided/

Business Insider: Justice Thomas Says
The Supreme Court Should Reconsider Rulings 
That Protect Access To Contraception And Same-Sex Marriage...

Thursday, June 23, 2022

The Roe Bombshell Drops (So Storm The Ballot Box)

 

<Not my image, but one I wish I'd created...
And will credit accordingly, 
if I recall the source./
The Reckoner>


<i.>
It's been a busy week of repression for Chief Justice Roberts and his unsavory crew at the Supreme Court -- or "The Frightful Five," as I call them (Sam Alito, Amy Coney Barrett, Neil Gorusch, Brett Kavanaugh, Clarence Thomas). As we've seen from today's big ruling -- one that essentially vaporizes New York's concealed carry law, and others like it -- Roberts and crew are wasting little time punching the bingo cards that their far right political patrons have eagerly teed up for them.

Even without the impending doom of Roe v. Wade, this particular term stands out as a ghastly one. Acting in lockstep predictability, Roberts and company have hammered out rulings that continue the dismantling of church/state separation (Cronkin v. Makin), lay the groundwork for the eventual revoking of Miranda rights (Vega v. Tekoh), make it virtually impossible to hold brutal cops accountable for excessive force (Egbert v. Boule), and support their reactionary Republican buddies' efforts to keep their voter suppression projects proudly intact (Berger et al v. North Carolina State Conference of the NAACP et al).

Wait, I almost forgot -- if you're a Death Row inmate whose lawyer failed to advocate for you properly in state court, you can't bring any of those up in federal court, even if that alleged new evidence might prove your innocence (please, please, read the Cronkite News link below for those grisly details). Among all the current term's mis-decisions, I'd rank this one right near the top, because it will surely result in some tragedies. Executing an innocent man or woman is horrific, because there's no luxury of a second mistake.

And we haven't even gotten to the "good stuff" yet -- not only the case that's expected to deal a hammer blow to Roe (Dobbs v. Jackson Women's Health Organization), but rulings that could cripple environmental regulatory authority (West Virginia v. Environmental Protection Agency), and force asylum seekers to remain parked in Mexico indefinitely while their cases snake their way through an already crowded legal pipeline (Biden v. Texas.).

On one hand, none of these outcomes should surprise anyone. This is the scenario that the radical right has geeked itself to achieve, thanks to the judicial allies it's cherry-picked, the cases it's never stopped winged their way, and the endless gusher of dark money that funds it all. (How did Kavanaugh suddenly become debt-free, just in time for his nomination in 2018? We all know, I think. Ah, never mind.)

Thanks to all the outsized advantages that the right has gamed for itself, and the (largely) feeble response of its so-called "responsible opposition," the Republic of Gilead -- coupled with those now-familiar images of muzzled women, and red bonnets -- is edging ever so closer to our doorsteps. It's one reason I've sworn off watching The Handmaid's Tale, for now, because I don't think it's necessary. 

As far as I'm concerned, the hit show's bleak dystopian reality is already unfolding in  laboratories for autocracy like Florida, Idaho, and Texas -- whose empty suit legislatures are furiously vying to outdo each other in repressing anyone that they deem their enemies (basically, anybody who isn't straight, while, and male, with a dominionist mindset).

Ran over a demonstrator with your car? Have a "get out of jail free" card on us. (Florida, Oklahoma). Want to carry a gun in public, without any of those pesky permit or training rules? We have your back (Georgia, Indiana, South Dakota). Worried  what your kids are learning? Cameras in classrooms are coming to close that loophole (Iowa).

Crazy or not, laws like these are gaining ground so rapidly, because real democracy doesn't exist in states like Idaho, where Democrats make up only seven of 35 State Senators, and 12 of the State House's 70 members. No Democrat has won the governor's office since 1995, nor any other statewide office since 2007. Whatever your political belief, it's not hard to imagine the abuses that result, when one side dominates so thoroughly. Without checks and balances, true democracy doesn't survive.

But even that rosy picture of red state dominance isn't enough for some Republicans. Much of the current repressive momentum is driven by simple numbers, as CNN reports: white Christians now make up just two-fifths of the US population. In contrast, one-fifth of Generation Z identifies as LGBTQ (plus 1 in 10 Millennials). You don't have to be a math whiz to understand the existential fury that such statistical realities arouse in those same white Christians.

Equally surreal, though, is seeing how many people continue to kid themselves, as Associate Justice Sonia Sotomayor did recently -- when she tried to give a pep talk before the American Constitution Society. She voiced hope that the fatally polarized court could still "regain the public's confidence," and even offered encouraging words for Thomas: "He is a man who cares deeply about the court as an institution, about the people who work there."

When I read those words, I immediately found myself asking, "What the hell is she smoking? Whatever it is, I know folks who'd crave that same flavor."

This is the same Clarence Thomas whose insurrectionist wife, Ginni, has been deeply implicated in the conspiracy to keep Trump in power after his 2020 election loss. 
the same Clarence Thomas who refuses to recuse himself from cases involving his wife, when she's not trying to steer them in his direction. The same Clarence Thomas that he and his other half never discuss these matters personally.

If you believe any of those things, I have some Florida swampland you can help me drain. But presumably, the same Sotomayor who offered such mindlessly sunny assessments of one of the court's most malicious members isn't the same Sotormayor firing off blistering dissents about "a restless and newly constituted court." 


<ii.>
Whatever happens in the remaining cases, I only hope that people wake up and see these reactionary laws and rulings for what they are -- as a potentially fatal blow, if left unchecked and unanswered, to the freedoms they've taken for granted for so long. It's easy to ignore the crazy backwards alphabet that prevails in states like Idaho, if you don't live there -- until it lands on your doormat, and your state becomes the next one-party paradise.

Whatever you do, assume that democracy is on the ballot this fall -- as we've seen in Michigan, where Republicans nominated two 2020 election deniers for Attorney General and Secretary of State. It doesn't take much imagination to see whose bidding they'll do, if the right opportunity presents itself. We cannot assume that the "adults" will take care of things, or that the center will hold, simply because it always has in the past.

You only have to look at the final desperate months of Weimar Germany's democracy to see how that movie played out in the fall and winter of 1932, as its last Chancellor, Kurt von Schleicher, cobbled up increasingly unlikely coalitions and schemes, in a desperate bid to retain power -- only to see his right-wing allies welcome Adolf Hitler, under the delusion that they'd tamed him, somehow. We all know how that movie played out, too.

I leave the last word to Democratic Texas State Representative Trey Martinez Fischer, who strikes me as someone who does get it, who sees what's happening clearly, and has more than rhetorical action on his mind, as to what happens next:


"There is definitely a difference between action and words. Lamenting the state of affairs in the Republican Party at a cocktail reception is not the necessary action that we need... These folks are hoping they will wake up from this bad dream, but the better medicine is for them to pinch themselves that they are not dreaming."

I couldn't have said it better. Let those words ring out in our minds, and proceed accordingly. Because, at least in the short run, the ride doesn't look any smoother from here. --The Reckoner


<"Storm The Ballot Box"/Take II:
The Reckoner>


Links To Go (Red State Realtors,
You Might Want To Skip The Third One):

CNN: Red States Are Remaking 
Cronkite News: Supreme Court Rejects Appeals
Of Death Row Inmates In Two Arizona Killings:
https://cronkitenews.azpbs.org/2022/05/23/supreme-court-rejects-appeals-of-death-row-inmates-in-two-arizona-killings/

OPB.com: Marketing Idaho
As Conservative Paradise
Politico.com: Supreme Court Allows
North Carolina State GOP

Rolling Stone: The Supreme Court
Has Just Fused Church And State --
On Miranda Warnings
Is Much Worse Than It Seems: