Robert Hubbell’s Today’s Edition politics newsletter (which I read daily) quoted a reader who suggested that Democrats label the Republican platform for 2022 as “The Big Steal.” Here is his suggestion, with edits and additions by me:

Vote Republican, and you vote for the “Big Steal”:

Your Social Security will be stolen.

Your Medicare will be stolen.

Your prescription drugs will be stolen.

Your affordable health care will be stolen.

Your right to privacy will be stolen.

Your control over reproductive choices will be stolen.

Your voting rights will be stolen.

Your right to elect leaders will be stolen.

Our democracy will be stolen.

It’s not perfect, but you get the idea. Iterations are endless. Republicans want to take things away (The Big Steal), including personal liberties and equal protection under law. Democrats want to provide Americans the things they need to lead safe, healthy, productive lives—including personal liberties and equal protection under the law. Somewhere in there is a winning message.

Republicans doing The Big Steal is half of the messaging. Yes, absolutely, we need to show that corrupt and greedy party for what it is. But we also need another half, maybe call it The Big Payoff. And the second part will subdivide into two as well.

The first part will be what the Democrats have actively accomplished. They have created jobs in a terrible economy. They have restored us leadership in the world sphere. They have taken some action to mitigate climate change. They have stood up for integrity of the political process and showed that insurrections and coup attempts will not be tolerated here. They have supported Ukraine against Putin’s barbaric war. And they have restored dignity and mission to a corrupt and twisted executive branch.

The second part is the wish list: things Biden and the Democrats tried to do but were blocked by filibusters, judicial opinions, or just plain refusal to cooperate from the Republican side. This would include Build Back Better, protecting the right to vote, protecting women’s right to control their own bodies, meaningful progress on the biggest issues like climate change and immigration reform, and of course, the right of regulatory bodies to regulate. Not only have Republican judges forced the CDC–which stands for, let us remind them, Centers for Disease Control–to give up protecting the public in transit facilities, but other decisions will threaten such rights as environmental protection and labor protection, using that very bad precedent to attack EPA and OSHA. Let’s also talk about the right not to be sitting next to someone who is carrying a concealed weapon. The right to love and marry whom you choose as long as they are above the age of consent. Etc, etc, etc

Facebooktwitterpinterestlinkedinmail

Muhammad Ai probably wore gloves like these. Photo by Wojciech Ner.
Our rights are under attack! Photo by Wojciech Ner.

Ever since the upcoming decision overturning Roe v. Wade was leaked, I’ve been stewing on it. Tomorrow, I am going to my second rally to uphold women’s reproductive rights. It shouldn’t be necessary, but it is. If we can prevent Margaret Atwood’s The Handmaid’s Tale from moving from a dystopian novel to a description of life in 2020s America, it’s our obligation to do so. I don’t know about you, but I do not want to live in anyplace resembling the theocratic dictatorship of Gilead that she describes.

I will not address the valid question of when does a fetus’s life take precedence over the mother’s because I don’t have the medical qualifications to give an answer that is based on fact. But let me raise a personal liberty argument: I will bring up the extension of the upcoming court decision to other areas, because we know that is coming–and because it personally affects my family. One former National Review editor actually posted on social media, “Next stop Brown vs. Board!” That was the decision that outlawed segregation in 1954. Here’s a screenshot of that post (NOTE: the blog that shows the post is a foul-mouthed screed–but you can see a picture of the post and learn some useful information about the person who wrote that post).
There is no doubt in my mind that they will go after easier marks first: such as the LGBT community and especially the T (trans) part. But they’ve said it out loud (or at least in a Tweet): they will eventually go after interracial couples–and likely, eventually, the ability to even socialize with people of different skin colors (see this analysis from Reuters).
Alito has a long history of speaking out against same-sex marriage and cannot be trusted not to use the same twisted reasoning to go after it. He also authored the Hobby Lobby case, which could be seen as a wedge decision that could eventually be used to eliminate legal contraception. In both of these probable attacks on our rights, it gets personal for me.
  • My younger child identifies as nonbinary, uses they-them pronouns, and is five years into a beautiful relationship with someone who has the same types of body parts and chromosomes but a very different cultural and religious upbringing. I fully support them, their choice of identity, and their wonderful life-partner.
  • My older one married another lovely guy from a different cultural and religious upbringing–who is the product of a White father and a Latina mom who clearly has indigenous ancestry. He is an excellent life partner for my daughter. My wife and I love both of our kids’ partners.
  • My mother, raised in a super-observant Orthodox Jewish family, divorced my father and married a Japanese man who was raised Buddhist. She also did some pretty intense civil rights work, including serving as a tester for the Urban League to determine if those apartments declined to Black families were really “already rented.”
  • I identify as bi and have had relationships before my marriage with both men and women. And I have slept with people who were not the same color as me. If I were my kids’ age, I might well have chosen to identify as nonbinary. While I am now very comfortable in my maleness, I was very UNcomfortable with it in my teens and 20s.
  • I am a survivor of rape by a grown male stranger who literally grabbed me off the street when I was 10 or 11. Fortunately, becoming pregnant was not an issue–but what if I’d been a 15-year-old girl, and had been forced to bear a child whose every moment would remind me of the violence done to me–a violence that was extremely traumatic even without a pregnancy?
Let’s also put this into a wider context: this is the same Supreme Court that recently decided that the Centers for Disease Control does not have the right to control disease by mandating masks in public conveyances–so you could be sitting next to a superspreader on a six-hour flight with no protection other than your own voluntary mask, and a coughing fit on a rush-hour subway car could expose dozens.
In fact, two people I’m very close to, who bought plane tickets before the mask mandate was overturned but flew later, have come down with COVID. I am flying next month, and I’m not happy about it. But my 91-year-old dad no longer travels and it’s important to see him when we can.
Even before that inane ruling, it was necessary to fight for my right to protect myself and the people I pod with. I refused to sit next to someone on a plane who would not mask (while that ruling was still in effect), and he was eventually taken off the plane. And at our official Town Meeting last week, I had to call a Point of Order to demand that the inadequate separation of masked and unmasked on opposite sides of an aisle be enforced, after asking someone to either put on a mask or go sit in the no-mask section. You would think the anti-vax crowd would actually be in favor of masks in public indoor spaces, since they would have lower risk of getting a bad case of COVID–but no. I still don’t understand the way these basic public health measures have been weaponized, even after many prominent mask critics contracted fatal cases. After all, we have seat belt laws, motorcycle helmet laws,  and requirements that school children receive various other vaccines.
The same back-asswards SCOTUS logic that killed the transportation mask mandate could threaten the abilities of OSHA and EPA (and many other agencies) to protect citizens in their domains. This is the same Supreme Court that has upheld discriminatory voting rules in several decisions. Here’s a Fox News report on the decision to hear a case in Arizona where they later decided in favor of the state and against election justice activists— and here’s a report on the actual decision, from C|Net.
Facebooktwitterpinterestlinkedinmail

The man who lived in The White House from January 2017 to January 2021 took the US from respected world leader to banana republic serving the whims of an incompetent would-be dictator in an alarmingly short time. We are fortunate to have a new leader who is doing his best—though not enough—to undo the damage, and who steadies our foreign and domestic policy at a time when the need for leadership is clear.

But even though DT is out of power despite every crazy attempt to maintain it, his numerous judicial appointments gave the crazies a scary degree of control that persists today.

Which seems to mean that reproductive rights, environmental protections, the right to be protected from contagious lethal diseases, and the right to vote have had big portions chiseled away, while the rights to carry and use firearms, to infiltrate others’ airspace, and the right of corporations to fund candidates and dictate favorable terms have been enshrined.

While DT’s government made up new and undid longstanding laws and regulations with no regard for precedent or separation of powers, Biden’s attempts to return to normalcy, curtail the pandemic, and govern effectively keep getting shot down by—you guessed it—the appointees of his predecessor.

These judges and Justices invent new legal doctrine out of whole cloth, undermining more than two centuries of settled law, and using truly bizarre reasoning to uphold a “new normal” where skin color, gender, sexual orientation, country of origin, and religion are once again grounds to be discriminated against.

At the Supreme Court level, they often (far more often than in the recent past) use a procedural workaround known as “the shadow docket,” which often results in rushed, unsigned decisions with little or no written documentation of the rationale. This was used to implement both the MPP and Texas abortion decisions of right-wing District Judges, explained just below along with some other examples:

  • Early in his term, Biden kept campaign promise to end the MPP Remain in Mexico program—one of several policy pieces that inflicted massive violations of human rights (and international law) in his predecessor’s immigration policy of deliberate cruelty. MPP (and several other immigration changes instituted under DT) put thousands of people at grave risk of kidnapping, rape, and murder at the hands of the cartels they were fleeing.  Even though the policy, developed by the notorious xenophobe Stephen Miller, undid generations of settled procedure without any plausible justification, A DT-appointed judge forced the Biden administration to reinstate this horrible program.
  • Texas’s criminalization of assistance to or performing an abortion and deputization of any citizen to file for redress is so blatantly against the constitution that even right-wing anti-abortionists like this conservative anti-abortion lawyer are screaming “no”—as did Chief Justice Roberts (no friend of the reproductive rights movement).
  • Just this week, another DT-appointed district judge overturned the CDC’s public transportation mask mandate, drastically increasing the risk of COVID spreading when people are next to each other in tightly enclosed spaces for hours at a time. District Judge Kathryn Kimball Mizelle is one of many DT-appointed judges (along with Supreme Court Justice Barrett) whose confirmation was rushed through with many other nominations in the closing days of his administration; she was deemed unqualified by the American Bar Association. I don’t know about you, but I don’t think I’m getting on a plane again for a while—and I flew five round-trips since April 2021 when my vaccine took full effect. By what spurious reasoning do you take away the right of the Centers for Disease Control to control disease? Some lawyer should rapidly organize a class-action lawsuit on behalf of people who bought tickets with the understanding that they would be protected by a mask requirement in airports, bus and train terminals, and on the planes, trains, and buses.

Of course, this attack on US law started before Biden. As an example, after two previous attempts were overturned by various courts, the Supreme Court upheld version 3 of DT’s Muslim travel ban. And we all know about SCOTUS’s horrible pre-Biden decisions to block the recount of the Florida presidential results in 2000 (which gave us eight years of a dubiously elected president who was the worst in history until 2017)…to allow corporate donors to trample individual rights in decisions like Citizens United

Whatever happened to “the land of the free” and “give me your tired, your poor, your huddled masses yearning to breathe free”?

 

Is there anything we can do about this?

Yes. Before I start suggesting things, I need to state that I am not a fan of the Democratic Party, have a long history of supporting electoral reforms that would reduce both Democratic and Republican Party power (like ranked-choice voting and nonpartisan administration of elections), and have written many letters, posts, and articles criticizing the current system. Nevertheless…

The first step is to win enough elections—whether for School Board or Senator—to wrest control of every possible office from the right-wing conspiracy theorists, January 6 conspirators, climate change deniers, bigots who see themselves as legitimized by a Republican Party no longer willing to confront evil and punishing the handful of its members who are still willing to go out on a limb and do the right thing. While I wish we had a viable alternative, under the two-party system, our choice in most races must to support Democrats.

I will not personally give money to a Party that continues to enable the right-wingers—from 11 Democrats voting to confirm Clarence Thomas despite highly credible accusations of sexual harassment to the Party allowing its two most conservative Senators to control the agenda and sabotage so many of the best things Biden has tried to do.

But I do give money to groups like Movement Voter Project that funds progressive grassroots groups to influence elections in swing districts—and reminds politicians who of the promises that got MVP to support them. That creates a progressive sphere of influence in ways normally reserved for powerful corporate donors and wealthy individual contributors in the 1%.

The second step is to reject any nominee endorsed by the Federalist Society, which according to Senator Sheldon Whitehouse (D-RI) in a 2019 speech, openly attacks the gains made in the last 100 years on a host of issues including labor, environment, civil rights, and more, and not only supplied DT’s pick lists but trained the nominees on how to get through the hearings.

The third step is to consider major reforms like changing the judicial nomination process (perhaps through a non-partisan commission), ending lifetime appointments, and forcing the Supreme Court to apply the same Code of Ethics to itself that other courts require. This will be much more successful if we have accomplished step one.

The fourth step scares me and I wish we had a better alternative. This could come back to bite, and bite hard. But the judiciary has been running roughshod over the rights of average citizens, and especially those with less privilege.

So, reluctantly, we need to consider expanding the Supreme Court. We have to remember that the appointments of three of the six current conservative Justices (Thomas, Kavanaugh, and Barrett) were confirmed by brute force with narrow majorities, and that Obama’s nomination of current Attorney General Merrick Garland was denied by brute force—McConnell refused to even hold a hearing and 17 Republican Senators supported him in public statements.

I said at the time and still say that Obama should have pushed back, saying that failure to hold a hearing by a certain date would constitute approval. Thomas and Kavanaugh defended themselves very poorly against credible claims of sexual harassment (Thomas) and sexual assault (Kavanaugh). Barrett was confirmed on October 26, 2020, less than two weeks before the November 3 election—but for these same Senators, March to November, 2016, was too close between nomination and the election.

How little constitutional basis there was to deny the hearing was proven in 2020 when that same McConnell rushed the Barrett nomination through, ignoring his own precedent and her extreme inexperience in the appellate courts, and the Republican hypocrites (who had said in 2016 they’d do the same thing if a Republican president nominated in the last year) reversed themselves and voted her in. Susan Collins was the only Republican voting nay, while Graham, Rubio, and the others who’d spoken out against final-year nominations completely ignored their own earlier comments.

In other words, the Republicans have not earned their 6-3 SCOTUS majority. The consequences of their cheating their way to a majority will be felt for decades unless we find a way to stop them. If we can limit their power through steps 1-3, maybe this “nuclear option” is unnecessary. But given this Court’s avid willingness to throw away settled law, undermine both the legislative and executive branches, and not even bother to justify their decisions with written opinions, I’m expecting we will have to move on this.

Facebooktwitterpinterestlinkedinmail