Tag Archives: supreme court

Political Rants

Eleven angry men.

When you think about the Kavanaugh nomination, you really need to step back and see the full picture. Sure, stopping the nomination is crucial, and it’s perhaps fortunate that he planted the seeds of his own self-destruction decades ago, long before his tenure as a hyperpolitical operative in the Republican Party. (Honestly, the guy is like the Zelig of American conservatism, working on the Star investigation, researching Vince Foster, participating in the “Brooks Brothers Riot” during the Florida recount, and on from there.) But if his nomination fails, they will attempt to fill the slot quite quickly with a much more boring, just as reactionary judge capable of serving multiple decades on the Supreme Court. So … why not just withdraw this troubled judge?

Well, HE seems nice.My guess is that they’re clinging to this one because Kavanaugh has proven to be such a reliable operative, and because he has a freakishly expansive view of executive power and privilege. (He apparently developed that during his stints in the W. Bush administration.) It’s hard to be certain of their reasoning, but their overarching motivations are quite clear. They want this seat and they want it now. The GOP has been working on this project for decades, taking an already conservative  court steadily to the right since Nixon’s days in power. A solid reactionary majority is the right’s insurance policy; it’s their trump card, no pun intended.

Consider the Republican party’s position. They remain, in essence, the party of white men. As this becomes less and less a nation of white men, it is an imperative for them to stave off the inevitable erosion of their voter base. The Senate is not so much of a problem, as a distinctly regional party can dominate that body given that party’s geographic distribution (e.g. Wyoming’s Senate delegation is  equal to California’s, even though the latter state is 70 times the size of the former in terms of population). The hyper-partisan GOP gerrymandering of the House in 2010 has made that body a lot more like the Senate in terms of representation, but that is a short-term solution for them. And the Presidency? They have lost the popular vote in six out of the last seven elections, so they mostly rely on narrow electoral college victories.

The Supreme Court, on the other hand, is the ultimate arbiter of public policy. With a solid reactionary majority, the GOP will be able to defeat progressive policies long after the party can no longer dominate electoral politics. So there’s much at stake in the coming days for those eleven angry white men on the Judiciary Committee …. much more than the problematic optics of the Kavanaugh hearing.

Elections matter, people. We need to take the Court seriously.

luv u,

jp

Political Rants

Second chances.

I come from the land of second chances, so the current Kavanaugh saga has a distinctly familiar ring to it. Mind you, I have not benefited from the level of privilege that Judge K has enjoyed his whole life through, but close enough. I grew up in what was described once as a “rock-ribbed Republican” town in upstate New York, virtually all white residents, lots of professionals and rich folk as well as middle class, borderline working class. It’s the kind of place where you have to fuck up pretty badly before it affects you in any serious way. Underage drinking, drug use, and other low-level criminality were widespread. Arrests were not unheard of, but rare, and the impact of these brushes with the law were almost never life-changing.

Right down the street, in the heart of the city, people of color face a far different reality. Their opportunities for advancement are severely constrained, and when something goes wrong, it’s either life-changing or life-ending. I think about kids like Hector McClain, who at 16 was sent to prison for four years because he failed to stop two other teens from beating a Utica, NY police officer. Here’s an excerpt of a press report about his trial:

As he was sentenced today, McClain acknowledged what he did was wrong. But McClain went on to defend his actions by saying he feared that his friends were going to be hurt by the officer.

“I only did it to make sure they were OK,” McClain said. “If you care about somebody, you’re going to do whatever it takes to keep them safe.” McClain added, “Nobody sees it the way I see it, know what I’m saying?”

Judge Dwyer said he understood McClain’s perspective to an extent, but still pointed out the flaw in McClain’s thinking. “This wasn’t just somebody on the street — this was a police officer,” Dwyer said.

McClain replied, “I’m not saying my actions were right. I know they were wrong. I’m not a dummy … But I’m still going to protect them no matter what.” Then Dwyer interjected, “You could have protected them better by stopping the incident.”

As the sentencing ended, McClain said, “I’ll just change my life around as soon as I get out.”

“You have to learn from your mistakes … so we don’t have to go through this ever again,” Dwyer said.  (Utica Observer-Dispatch, April 1, 2008)

Four years in prison, for a sixteen-year-old African-American kid. No mulligans for him. Meanwhile, on the other side of the track, white teens like me (a generation removed) commit felonies (albeit vacuous ones) in the shelter of their tony homes, where police patrols are tasked with keeping kids like McClain out, not hauling kids like me and Kavanaugh in. Our mistakes tend not to follow us like a malevolent cloud for the rest of our lives. When you couple that with the generations of advantages our families enjoyed – access to remunerative professions, mortgage assistance denied to black families, ingress into neighborhoods from which people of color were barred, and decades of building wealth – you begin to understand apartheid American-style.

Don’t feel sorry for Kavanaugh. Even if he’s held somewhat accountable and denied a lifetime appointment to the nation’s highest court, he’ll be just fine.

luv u,

jp

Political Rants

Closing the circle.

Confirmation hearings for President Trump’s second Supreme Court nominee began this week, and while it’s clear that there is strong resistance to the idea of a lifetime appointment for Bret Kavanaugh, it is also clear that there is little we can do about it beyond making noise, pushing our senators, and demanding justice. I credit people in that hearing room for giving it a try. Linda Sarsour and many others were dragged out and arrested for raising their voices up against an extremist appointment by an illegitimate president and a confirmation process that has lost all credibility since the blocking of Obama’s appointee Merritt Garland in 2016. Why the Republicans on the senate judiciary committee are bothering to run through this pantomime is beyond me. They have nothing but contempt for the process, so why not go straight to the vote?

Kavanaugh counts how many anti-choice votes there will be on SCOTUSThe sad fact is, as Matt said in his song “See For Yourself,” we have nothing to defend with, as we on the left have failed to turn the issue of Supreme Court appointments into one that lights a fire under progressive voters. When Democrats lost the Senate in 2014, we lost the ability to confirm or deny Supreme Court appointments without the cooperation of the GOP, which simply is not a possibility. We  expend all of our energy trying to convince Susan Collins and Lisa Murkowski to vote against this nominee, while attempting to keep red state Democrats like Joe Manchin, Joe Donnelly, and others in line a few weeks before they face an election. Perhaps we can delay the proceedings until after the mid-terms, but that seems doubtful without the requisite votes.

Make no mistake about how consequential this appointment will be. This amounts to closing the circle on the Republican project that has been underway full-bore since the George W. Bush administration, when party leaders were focused on building a permanent majority. With five solid reactionary votes on the Supreme Court, the Republicans will have a veto over any progressive policies that may come to pass in the coming years. Even if we manage to wrest control of a gerrymandered House and a lopsidedly unrepresentative Senate from the GOP, even if we then win the presidency, there will be severe limits on what can be accomplished. Legal challenges to, say, single payer health coverage will almost certainly find success before a Supreme Court with Judge Kavanaugh on board.

Once again, elections matter. Whatever else you do, go out and vote, and encourage friends and strangers alike to do the same. We neglect this right at our peril, as the current catastrophe clearly demonstrates.

luv u,

jp