Tag Archives: supreme court

Political Rants

The unitary peril.

Happy Independence Day, everyone … and welcome to the next phase of our slide towards authoritarianism. It’s a track we’ve been on for decades, frankly, and our pace has accelerated with the dubious election of Donald Trump (a.k.a. Drumpf) as our president. Trump is taking the concept of the unitary executive, popularized under Bush II, to a whole new level, testing institutional constraints on presidential power, many of which apparently boil down to voluntarily-observed norms of behavior, ethical standards, etc., but very little in the way of black-letter law. Even in the case of explicit legal constraints, this president is demonstrating that there is very little in the way of available recourse to a chief executive that ignores or even violates the law. Who holds the president accountable, particularly if the Senate is a perennial no-show?

Now, as Trump prepares for his big, honking, tank-infested fourth of July show in D.C., his administration is contemplating an executive order that would violate a Supreme Court decision regarding exclusion of the citizenship question on the U.S. Census. If they move forward with this, welcome to the dictatorship. When our institutions cannot compel a president to comply with a duly-rendered opinion handed down by the highest court, that amounts to a constitutional crisis far beyond anything we have seen up to this point. What higher authority is there to compel a change of behavior on the part of the administration? There’s no inspector general, no ombudsman overseeing the presidency – just Congress … and honestly, if Congress finally gets up on its hind legs and tells Trump “enough!”, what happens if he ignores them?

Trying to keep the mad king happy.

We have a long tradition of republican rule in the United States, obviously attenuated by a foundational regime of racial, ethnic and gender-based exclusion that has kept whole classes of people from participating in the political process (and continues to do so). But that long, troubled history does not immunize us against dictatorship. Military rule in Chile was once thought impossible in a country with longstanding civilian rule, then came their September 11th (1973) and the Pinochet dictatorship. The fact is, it not only can happen here, it almost certainly will happen here if we don’t stand up and resist.  It is cliche to say that democracy is not a gift – that it must be fought for. Let’s remove that notion from the context of pointless wars. We need to fight for our freedom right here, right now.

How? Stand up. Call, visit, petition your representatives to hold the president accountable. March, protest, and participate in strikes when tactically appropriate. Make your voice heard. We have to turn this thing around and put authoritarianism back in the box … before some slightly more competent “Great Leader” comes along and takes up the reins from our current clown-president.

luv u,

jp

Political Rants

That thing that matters.

While you were looking over there, this week the Trump administration set the wheels in motion to lock-in a structural electoral advantage for white people and conservatives for the next generation. They argued before the Supreme Court in favor of including a citizenship question on the 2020 Census, challenges to which have been upheld by lower courts, and it looks pretty promising for them, based on comments from the bench. A decision in favor of the administration would be very bad news for any hope of not only electoral and policy victories in the short term, but also equitable distribution of services and resources in the years and decades to come, so this is probably literally the most important story in the country this week, and the coverage has been relatively cursory.

The fact is, there is already a slanted playing field, tilted toward the Republican party’s core constituencies, regardless of what Trump claims. Just look at what happened in 2016. For the second time in four presidential election cycles, a GOP candidate won the presidency with an electoral majority and a popular vote minority, only this time, the discrepancy between the two results was far greater than it was in 2000. The 2016 election was 304 Trump to 227 Clinton in the electoral college, but 48.2% Clinton to 46.1% Trump in the popular vote – a nearly 3 million vote plurality. Gore’s popular vote margin of victory in 2000 was one-tenth the size, but he only lost the electoral college by 4 votes (271 Bush to 266 Gore). Not a positive trend, and the story in the Senate is very similar – outsized influence on the part of white voters in more rural regions has us gradually drifting towards a persistent GOP majority. (Don’t even get me started on gerrymandering.)

Elections have consequences. This is one.

The Census case before the Supreme Court is potentially the final nail in the coffin of progressive hopes for some recovery from the losses we’ve suffered over the past decade. As I’ve said previously, elections have consequences – namely, a solid reactionary majority on the Supreme Court, an increasingly reactionary bench in the lower courts, the undermining of voting rights, reproductive rights, immigrant rights, environmental policy, you name it. Activism is vital, crucial, particularly as it relates to ground-level organizing, but we cannot neglect a progressive electoral strategy – one that both strives to move the country in a more leftward direction, while at minimum reducing harm to the most vulnerable populations.

We failed in the latter respect in 2016, particularly, losing our last chance to steer the Supreme Court in a new direction. We must fight on, but the road ahead is steeper than it was before.

luv u,

jp

Political Rants

White rage.

I hear Tucker Carlson is worried about an ensuing race war. Sounds like a problem for old Tucker. I guess he should keep the musket loaded and ready back at the homestead. Tucker has heard all these people on television complaining about white male privilege and now he’s feeling a little picked on. Like Lindsay Graham, he feels squelched. White men just can’t get a word in edgewise, what with all of these stories of abuse and marginalization.

This obsession of Tucker’s did not start with the Kavanaugh nomination, but the Supreme Court justice wannabe certainly stoked the flames with his shrill rebuttal of accusations of sexually violent behavior back in his high school and college days. In fact, the judge was white aggrievement personified on that occasion, which played very well with white republican / conservative men both on the Senate Judiciary Committee and off. Now he’s well on his way to being a white dude folk hero, even if a miracle happens and he doesn’t end up on the high Court for life.

Judicial temperment ca. 2018I’ll be honest – I don’t shock easy, but Kavanaugh’s testimony last Thursday was freaking shocking. I have never seen a grown person, let alone a federal judge, act in such a juvenile manner. Much has been made of his incivility and hyperpartisanship, but I have heard relatively little with regard to the childishness of his performance. The man was so humiliatingly sophomoric and petulant, I very nearly felt sorry for him. If you haven’t seen this performance, I urge you to take the time to do so. The Majority Report has posted the entire thing on their YouTube channel. It is flabbergastingly ridiculous.

Before this testimony, I had thought there was a fairly strong possibility that Kavanaugh had grown out of whatever rowdy drunk phase he had gone through. I thought Dr. Ford’s allegations were credible and convincing, but I thought maybe, just maybe, this fellow had learned to be a more controlled, less loutish person. After that speech and subsequent questioning last Thursday, I am convinced that he is exactly the same person as Dr. Ford was describing – a little older, perhaps, but not fundamentally changed. His childishness is, in and of itself, reason enough to keep him off the court. There are many others, but that one is as plain as the nose on his face.

My guess is that he will be made associate justice over the next week. Not sure what is next in this sorry saga, but I have a bad feeling about this.

luv u,

jp