Backward

I have been hearing the rumbling of how the Supreme Court has ‘let us down’ or ‘failed us.’ I am not let down; I am not disappointed, and I am not surprised. Why would anyone be any of these things by this Court? When you consider the circumstances of how this court came to be, why in the world would anyone think they have been failed by this SCOTUS? They are exactly who we all knew they would be.

Truth be told, if you are an Independent or a Democrat and didn’t vote or vote for a Republican Congressional or Senate candidate during the Obama years, you are part of the problem. You own this outcome; SCOTUS did precisely what they were set up to do, what the GOP has been planning and promising their base since the PRO-LIFE movement became a thing. Mitch McConnell stacked the bench expertly, and Democrats are so fecking weak-willed they didn’t fight back; they haven’t fought dirty, and this is the outcome.

We now live in a nation where 51.1% of the population cannot claim body autonomy. They cannot abort the fetus of their rapist. Cannot access life-saving health care. Cannot choose what is best for their lives or the lives of their born children. All because strangers who have no genuine vested interest have determined their ‘faith’ and ‘religion’ demand compliance to their biblical interpretations. Not science, not medicine, but religious submission. Thou shalt not kill; unless it is with a gun and you are already a living and breathing child of someone who loves you, then by any God you worship, all bets are off.

With the fall of Roe, Justice Thomas has made clear he has his eyes on other precedents. Those of us who follow the Court and the terrifying super conservatives that sit on the bench for life, we know where they want to go. If you aren’t one of those, let me give you a quick view of his words:

“in its rationale, the court’s majority found that a right to abortion was not a form of “liberty” protected by the due process clause of the 14th Amendment to the Constitution — as the Court had said in Roe.”

Thomas, considered to be the most conservative of the conservative majority, went on to say in his concurring opinion the following:

“For that reason, in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,”

If you don’t know the three referenced cases, they are:

Griswold v. Connecticut, 381 U.S. 479 (1965), by a vote of 7-2, the Court established the ‘right to privacy’ of married couples to use birth control. This ruling struck down the Connecticut law prohibiting its use. The primary argument in favor is the Fourteenth Amendment’s due process clause. Justice Arthur Goldberg wrote a concurring opinion where the Ninth Amendment was also used to support the majority opinion.

Griswold laid the foundation for everything else.

Eisenstadt v. Baird, 405 U.S. 438 (1972), extended the right to birth control to unmarried couples.

Lawrence v. Texas, 539 U.S. 558 (2003), the Court ruled that the ‘right to privacy,’ even though not explicitly enumerated, was reaffirmed based on precedence. Lawrence ruled that criminal punishment for those who commit sodomy (any form of same-gender sexual activity) is unconstitutional.

Obergefell v. Hodges, 576 U.S. 644 (2015), the final case in the target area, granted the right of same-sex couples to marry. The Courts ruled based on both Due Process and Equal Protection Clauses of the fourteenth Amendment that all adults had the right to marry whoever they wished to marry, opening the door in all 50 states for Same-Sex Marriage without restrictions. As with Roe, the Court cited Griswold in the Majority Opinion.

One other case lands squarely in the realm of the fourteenth and Due Process and Equal Protection Clauses Loving v. Virginia, 388 U.S. 1 (1967). This landmark decision not only overturned the convictions of Richard and Mildred Loving, but it went further in a unanimous decision striking down Virginia’s anti-miscegenation laws and ending all race-based marriage laws nationally.

Of course, we know why Justice Thomas didn’t touch Loving in his sweeping view of what should be undone. Ginny Thomas, his seditionist White Wife, would suddenly no longer be his wife; his marriage would be illegal. He could no longer claim membership in that special and rarefied place he currently occupies because, despite his many accomplishments, his seditionist White Wife provides him a certain gloss he would not otherwise have.

The reality of this SCOTUS is that they are set to become the very first in history to strip rights away rather than expand them. They are the Dream Team of the Federalist Society and the Heritage Foundation, the country’s two most powerful conservative ‘think tanks.’ The confirmation of Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, all appointed during the Trump administration, gave the Court a Conservative Super Majority. Each lied during their confirmation hearings. None were the Best or Brightest, but each came with one recommendation; they were prepared to roll back all the Due Process and Equal Protection precedents and more. Consider other rights you and I enjoy today that potentially could be entirely stripped from us in the future:

Voting, we are seeing this already, state by state. The difference is now we will not have a court to turn to that will uphold our rights.

Access to Jobs, Education, Housing: all part of Civil Rights. This Court is prepared to strip hard-fought rights and turn back the clock. Make no mistake; whether you are a Woman, Black, Brown or part of any currently protected community, you are at risk.

Freedom from Religion: already the first of these have been decided by this Court. Kennedy V. Bremerton School District, 21-418 (2022), decided in favor of Kennedy. A coach who had been put on administrative leave for holding Christian prayer circles on the 50-yard line at school football games and ‘forcing’ team members to participate. This SCOTUS decided his Free Exercise and Free Speech of the First Amendment had been violated.

The other ruling that furthers the erosion of the Separation of Church and State, foundational to our Democratic Republic, is Anderson et al. v. Town of Durham, which built on a 2020 ruling in a Montana case. In both cases, public money is now available to fund private religious education from K-12. In Justice Sotomayor’s words from her dissent:

Today, the court leads us to a place where separation of church and state becomes a constitutional violation.”

The list is long, and these Conservative Justices are salivating, calling out for cases that will allow them to achieve the goals of their masters. Listen to them as they speak at various engagements. Read their writings as they encourage new cases to be filed and make their way to their docket. They want these cases; they want to legislate from the bench. They know they can get away with it because they know Congress is powerless to stop them. They know the Democrats are feckless, disorganized and will soon lose what little power they hold. They know the people, that is, you and I, will not vote for what is vital to our long-term good instead, we will bitch and moan about whether gas prices are too high, whether we ‘like’ Joe Biden today, whether we are getting everything we want today, and whether our life is going well today. We, the people, are focused on our immediate gratification, which is why the minority governs us rather than the majority.

I have heard people say they are annoyed by President Biden saying in his speeches, “Vote, Vote, Vote.” Let me reiterate his statement, if you want to change the dynamics and see a change in this nation, hand this President an absolute majority in the Senate and House, and VOTE in November.

This Is Who We Are

The one thing you have to give to the GOP, they are well organized, and their messages no matter how toxic are specific and consistent. They have spent the past fifty years building towards this pivotal point in time. Half the states are controlled by maniac legislatures and governors intent on rolling their states back to the days of Jim Crow and women’s subjection, never mind more than half their constituents disagree with their policies. Those at the top both elected and not, are ramping it up every single day on every single media outlet. Make no mistake, they are winning the war of words with soundbites meant to inflame, intended to sow fear and fury, they are winning.

Before we proceed, let’s take a close look at what we are really talking about. For those who love this nation, who believe the words penned by Thomas Jefferson in the preamble of the Declaration of Independence:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” July 4, 1776

We should be clear, Jefferson and most of the other signers of the Declaration were slaveholders. They weren’t talking about ‘all’ men. They were talking about specific men. They certainly weren’t talking about women either. Unlike others, I am not going to cancel Jefferson and others for their views and their sins, they were men of their time. Were they wrong? They were absolutely wrong and their views on slavery, among many other things were absolutely wrong. Would their views have been different had they lived in a different time? I don’t think we know, however, given the benefit of much of their writing I like to think that yes, their views would have been much different had they had the benefit of time.

For those who love Lincoln and view him through the prism of the Civil War and the Emancipation of Slaves, I think there is a much deeper look that needs to be taken. Keeping this in mind when thinking of the first sentence of the Gettysburg Address:

“Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.” November 19, 1863

In Lincoln’s address he was referring to the Declaration of Independence, he also wasn’t considering ‘all’ men, nor was he thinking about women when he proposed equality. From 1863 to 1974 it required 5 Constitutional Amendments, several legislative changes, and several interventions by SCOTUS before all men and women were considered equal under the law; before we could all vote, have bank accounts, have credit and mortgages, access to education, marry who we choose, body autonomy, and a host of other things White Men have always taken for granted. White Men never feared lynching, never feared the loss of their freedom, the loss of their income, the loss of their homes, the loss of their choices or their families. White Men never questioned their right to the voting booth, not one time in the history of this nation have White Men ever questioned their right to exist in this nation or their inalienable Rights to Life, Liberty and the Pursuit of Happiness.

The rest of us sure in the hell have though.

There is a straight line in the rise of hate crimes, more specifically race-based domestic terrorism to White Nationalism and the most recent administration of Trump and its fallout of Trumpism. What was once the fringe is now the accepted baseline for the Republican Party.

  • Conspiracy Theory 1: Jewish cabals attempting to take over the world starting with the USA.
  • Conspiracy Theory 2: Top Democrats are pedophiles involved in child sex trafficking rings.
  • Conspiracy Theory 3 (and my personal favorite): The election was stolen from Donald Trump in 2020 and he is the true POTUS.

These are only some of the truly ludicrous Conspiracies dangled by the dangerous and outrageous talking heads and elected officials across the US. These lead to the most dangerous, The Replacement Theory and its proponents on Fox News and the floor of Congress and state legislatures. This ugly ‘Theory’ isn’t new, isn’t something that comes to us fresh out of the minds of those who sit in back rooms at Fox, Heritage Foundation, The Blaze, and Breitbart whipping up the next big thing. This is not the something cooked up in a vacuum by terrified old White Men who see their power trickling away. There is a direct line from Theodore Gilmore Bilbo, two-time Governor of Mississippi (1916-1920 & 1928-1932), US Senator (1935-1947), member of the KKK, and author of Take Your Choice: Separation or Mongeralization, an ode to pro-segregation.

This only begins to scratch the surface. This nation has seen a steady rise in domestic terrorism. It stretches across the entire spectrum and is steadily pushing us back to before Civil Rights, before Women’s Rights, before all of these:

  • Smith v. Allwright (1944), upheld the recently enacted Voting Rights Act (VRA) of 1965
  • Brown v. Board – 1954 and Brown v. Board II – 1956
  • Griswold v. State of Connecticut (1965), based on right to privacy and allowing married couples access to birth control.
  • South Carolina v. Katzenbach (1966), upheld the recently enacted VRA of 1965
  • Harper v. The Virginia Board of Elections (1966), based on 24th Amendment adopted in 1964 prohibiting poll taxes.
  • Loving v. State of Virginia (1967), based on both Due Process and Equal Protection Clauses of the 14th Amendment, SCOTUS overturned anti-miscegenation
  • Eisenstadt v. Baidt (1972), based on the right to privacy and allowing unmarried women access to birth control.
  • Roe v. Wade (1973), based on the precedent established by previous cases, the right to privacy allowed women access to legal and safe abortion.
  • Shelby County v. Holder (2013), the Alabama county argued that the formula in Section 4 of the VRA was outdated and Unconstitutional. By a vote of 5-4, SCOTUS agreed thereby effectively gutting the most powerful tool of the VRA. At the time Chief Justice Roberts expressed that he expected Congress to update the VRA, to date they have failed to do so. Since that time states have imposed increasingly restrictive voting laws.
  • Obergefell v. Hodges (2015), under the same precedent established by Loving v. Virginia, Gay Marriage was validated as fundamental liberty according to the Constitution.

Here we are, the dead continue to fall in our streets, in our churches, supermarkets, our laundry, our beauty and barbershops. They are shot down when jogging or walking their dogs, while celebrating birthdays or just doing nothing but living life. The dead are piling up, their lives are cut short, their names added to the rolls of the murdered, from the children to the great-grandparent; and we seem numb to it all.

FBI Hate Crime Stats 2016-2020

Don’t pretend anymore that this is not who we are, by damn this is exactly who we are. We care more about our access to weapons of destruction and our pocketbooks than we do about the life of our neighbors. We care more about paying $10 less in taxes than we do about whether a young mother can feed her child. We care not one whit about truth, moral integrity, and human life.

This is by damn who we are. We are a nation of moral degenerates. We are a nation seeped in Fear, White Nationalism, Violence, Bigotry and Lies. We are a nation that willingly votes the very worst of us into office time and again simply because they might get an extra $1 in their paycheck. We willing soak up lies so we can feel good about voting for liars one more time.

This is who we are, this is us.

On the Bench

 “The integrity of the upright shall guide them: but the perverseness of the transgressors shall destroy them.” Proverbs 11.3 KJV

Lepore-RBGpostscriptShe is the Federalist Society’s darling, and for excellent reason, she is by far one of the purest Constitutional Originalists I have read in over thirty years. She goes much further than her mentor Scalia ever did in his interpretations. She absolutely terrifies me, in part because she is bright, pragmatic but even more, she is an absolute ideologue. She hides it well; she dances brilliantly. Still, it is there, and she is the antithesis of everything Ruth Bader Ginsberg stood for. Yet after hearings that were polite and without real merit, Lindsey Graham, without qualms and without a full committee, pushed her nomination to the full Senate for a vote that will be taken on Monday 26 October 2020. For those of you that are counting, that is six days before the next president’s election. She will be the next Justice unless some GOP members of the Senate find their moral backbone and say NO to Donald Trump, Mitch McConnell and the rest of the spineless enablers and say YES to the American People.

Just to make clear, I am not an Attorney and have no formal legal training. What I have is decades of watching the court in action and reading legal briefs and scholarship. It is an interest of mine. Do I get it perfectly? Absolutely not. So for those of you who know more than me, feel free to correct my understanding. What follows is simply my understanding of what I have seen and been able to discover of Judge Amy Coney Barrett.

I watched three days of hearings before the Republican-led Senate Judicial Committee. Farcical is the most polite term I can come up with. Three days of Republicans, grandstanding, campaigning and praising her laundry skills, mothering skills and, of course, the brilliance of her legal mind as an afterthought. The comparisons to Ruth Bader Ginsberg were, for most of us, insulting. She is not now and will never be, except perhaps in the mind of the Federalist Society and those who put her on the highest court in the land, comparable to the Notorious RBG. The truth of the matter, Amy Coney Barrett, is the dream jurist of the Right and a nightmare for the rest of us. Most notable for me and many others were three items she would not commit her ‘brilliant’ legal mind too:

  • A president could not unilaterally change or delay an election.
  • Voter intimidation is illegal under any circumstance.
  • A president cannot pardon himself.

Add to the above, when pushed by several Senators on recusal, she refused to commit. Despite the president’s public statements of his reason for fast-tracking her nomination, his desire to have her on the bench to tip the balance in his favor when he challenges the election outcome should he lose. 

It is difficult to truly explore Judge Barrett’s legal thinking. She has only Prof_Amy_Coney_Barrett_2_10been on the Seventh Circuit Court of Appeals since October 2017, three (3) years. Prior to her short time on the bench, she was a Professor of Law; much of her time in this role was spent at Notre Dame, where her published writings are protected. Her limited exposure to litigation was in private practice, with the only notable case being as research assistant on Bush v. Gore. She never argued a case, certainly not in front of the Supreme Court. I do not want to entirely dismiss her; she clerked on both the Court of Appeals and the Supreme Court. She has earned a great deal of praise for her research, writing and teaching. She is beloved by her students. However, none of this makes her ready for prime time; none of this makes her a worthy inheritor of the seat left vacant by Ruth Bader Ginsberg.

Consider some of her available publications first; one that stood out for me was Catholic Judges in Capital Cases. While there were no surprises, there was a significant discussion surrounding the loyalty owed to the Church and its teachings. There wasn’t a suggestion that the judge should ever attempt to align the law to the Church, but that their moral behavior must align instead; ultimately, where the two did not or could not recusal was the answer. What does this mean in cases she might hear in the future? Either she will ignore her own advice, or she pushes the agenda, we all believe she has. Areas where the Church and the law are out of alignment? Abortion, IVF, several Civil Rights areas, including protections for LGBTQ people (e.g., housing, medical services, marriage, adoption). What is her answer? She has said she can judge without bias; however, I have to ask the question based on this single item. Is she?

The next read for me was actually three separate essays written over five (5) years on the subject of Stare Decisis[1]. The Stare Decisis doctrine directs the court to stand by the established precedent set by the court. The court rarely overturns its own precedent, though it has, in some cases, which signifies it has a new way of looking at a legal issue that has been presented. Based on her writing, though, it seems she is only supportive of courts and judges taking the initiative of ignoring precedent when that precedent is not aligned with the court or the judge’s thinking. It is frankly a very murky area. An example of a previous court ignoring precedent is Brown v. The Board of Education (1954), where the Separate but Equal doctrine established in Plessy v. Ferguson (1896) was ultimately overturned. This is an example where a Super Precedent existed and was challenged. During her hearings before the Judicial Committee, she would not say whether she agreed with the Brown decision.

Judge Barrett says she does not believe Roe v. Wade is a super precedent simply because of the number of challenges. For an interesting read on precedents and super precedents, try this one, which provides an overview of how we should view them[2]. The reality is it would be inconvenient for Judge Barrett to view Roe as a super precedent, just as it would be inconvenient for her to recuse from the ACA battle that will be her first Court case on being seated. She has written more than once regarding the ACA and has even taken issue with a decision by Justice Roberts to uphold the ACA.

In my reading, I found a common theme in Judge Barrett’s view of the courts’ ability to create common law[3], even overruling legislative authority. I was fascinated by this view as it derives from her reading of the Constitution and her ‘Originalist’ stance. While I think we all agree, we have separate but equal branches of government, each with their own powers, now we have a nominee who will shortly be seated on the highest court view that court with the ability to legislate from the bench. In my opinion, she puts us all in great jeopardy.

I have had several discussions about Judge Barrett since her nomination. In my mind, her own words condemn her. Listen to what she said in 2016 at the death of Antonin Scalia. I believe those we put on the Supreme Court should not only be legally able, but they should also be morally and ethically sound. Someone said Presidents serve for 4 years, not 3, and certainly not 5. Her nomination extends the current term of Donald J. Trump to five years, even if he is by some terrible chance re-elected her nomination and confirmation should wait until after November 3.

If she had an ounce of moral fiber, she would withdraw herself until after the elections.

[1] https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1219801

https://scholarship.law.nd.edu/law_faculty_scholarship/767/

https://scholarship.law.nd.edu/law_faculty_scholarship/450/

[2] chrome-extension://nacjakoppgmdcpemlfnfegmlhipddanj/http://www.georgemasonlawreview.org/wp-content/uploads/2014/03/14-2_Sinclair.pdf

[3] https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1014661.

Notorious

The Kaddish Prayer

May His great name be exalted and sanctified. In the world which He created according to His will! May He establish His kingdom during your lifetime and during your days and during the lifetimes of all the House of Israel, speedily and very soon! And say, Amen.

May His great name be blessed forever, and to all eternity!

Blessed and praised, glorified and exalted, extolled and honored, adored and lauded be the name of the Holy One, blessed be He, above and beyond all the blessings, hymns, praises and consolations that are uttered in the world! And say, Amen.

May the prayers and supplications of all Israel be accepted by their Father who is in Heaven; And say, Amen.

May there be abundant peace from heaven, and life upon us and upon all Israel; And say, Amen.
May He who makes peace in His high places grant peace upon us and upon all Israel; And say, Amen.

Justice Bader Ginsberg: March 15, 1933 – September 18, 2020

Ruth_Bader_Ginsburg_2016_portrait (1)

Ruth Bader Ginsberg spent her life giving, as a fighter for our rights, as a mother and wife, as a Judge and finally as a Justice on the Supreme Court. She was our shining light, our hero and an asset to our nation. With her passing, we are left with nothing but gratitude. May her memory be a blessing.

We lost a titan, an American Treasure. When the news of Ruth Bader Ginsberg’s passing rolled across my screen on that Friday night, my first thought was, please let this be not true. Then, as it became clear she had finally found her rest, I contemplated the tragedy for her family, the courts and us, the nation she so loved. I considered what it would mean in the coming days and wondered how long after she was laid to rest it would take before the battle for her coveted seat would commence.

I scrolled social media and news for reactions, allowing this loss to sink in. I was heartened and dismayed in equal measure. I was stunned, though I should not have been, when without twenty-four passing, without letting her body cool or her family and friends to process her loss, Mitch McConnell announced to the nation he would fill her seat on the highest court before the next election cycle. To say I and many others were dumbfounded would be an understatement, to find more proof of how far we have fallen saddened and angered me. I was engulfed by fury, just as so many others were at this proof we were not only living with bipartisanship but something on the verge of far worse.

So now we come to the battle for her seat, the battle for the heart and soul of our nation’s future. The President decided to throw all decorum aside and have a party in the Rose Garden. He invited close ‘friends’ and associates and family to attend his introduction of Judge Amy Coney Barrett as his pick to replace Justice Ginsberg. As is the norm at gatherings hosted rose-garden1-gty-ml-201002_1601659831186_hpMain_2_16x9_992by this President, masks were optional and social distancing was not observed. While it may not be factual, the Rose Garden event is suspected of being the epicenter of an ever-broadening circle of COVID-19 infections beginning with the President, though currently, the blame is being placed elsewhere. The one clear thing, ignoring even basic safety protocols, has caused a tsunami of infection throughout the upper echelon of the GOP and those closest to the President.

What else do we know?

We know there are several attendees to the Rose Garden party who have tested positive. We know several people within the Presidents inner circle who were not in attendance have also tested positive. We also know, this man has a complete lack of empathy and an utter lack of concern for any other person but himself and thus continues to put other people at risk. Finally, we know the President continued to move around the country, without precautions and without telling others who may come into contact with him for anywhere from 24 to 72 hours after his first positive test result. Donald J. Trump is a regular Typhoid Mary of the twenty-first century; what should we call him? COVID Potus has a nice ring, but maybe too pompous. Well, something to think about when we have more time to consider the total body count to lay at his feet.

trump drive

In the meantime, we have just under thirty (30) days before the election. The current President is pumped up on steroids and telling us to not fear the reaper. Mitch McConnell and Lindsey Graham are driving hard to approve Amy Coney Barrett through the Senate Judicial Committee and onto a full Senate floor vote before November 3. The problem with this? Two members of the Judicial Committee are down with Coronavirus thanks to COVID POTUS and his Garden Party, Mike Lee (R-Utah) and Thom Tillis (R-North Carolina). Added to this, Mitch McConnell has delayed the full Senate’s return until October 19, although vowing to move ahead with Judge Barrett’s confirmation hearings despite having three senators out with Coronavirus.

For Mitch, there is nothing more vital than stacking the court, nothing.  On this subject, Mitch McConnell and the President are 100% aligned. Stacking the court may mean their future if the vote isn’t a landslide to remove them on November 3, they will use SCOTUS to declare themselves winners. Neither of them can afford anything less than a stacked court.  This nation’s future depends on a landslide to remove them both from power and save us from future disaster.

In the coming days, so close to the election of a lifetime, there will be many battles to fight. We will see masks come off and we will see the true nature of those who would be kings and kingmakers. Our friends may become angrier, and our neighborhoods more dangerous as we navigate this terrible time in our history. Now is the time where every vote counts. We have to remember no matter the obstacles placed before us, we must not rely on any other person but ourselves to cast the vote that matters. We might lose battles between now and November 3, including the battle for the open SCOTUS seat. We should not be silent; we should not be discouraged.

election2020_2

Go Vote. Vote early, if possible. Vote in person, if possible. Do whatever you have to do, but Vote as if your life and the lives of your family and friends depend on it.

Holy Hell and Despots

I read somewhere recently that hungry hearts willingly eat lies, or something to that effect. This simple statement stuck with me and I wondered how many different situations it might apply too.

Certainly in our personal relationships. All of us at one time or another have fooled ourselves or allowed ourselves to be fooled because of our own need for love, safety and security. Maybe we simply allowed our hungry heart to override our intellect diving into the shallow end head first even knowing it was ultimately going to hurt. We eat the lies fed to us, the lies we need to hear for our hearts survival.

Now I come to the real crux of my meandering thoughts on why this simple statement has stuck with me. The real question I have been asking for days, weeks, months even; can entire groups of people become ‘hungry’ and swallow lies? Swallow them whole and without question, without challenge. Is this how cults are born? Is this how the souls of nations are lost? Is this how despots are lifted up as saviors while heroes are cast down and spat on, kicked in the head and sullied for their contributions and sacrifices.

If this is true, what has caused this starvation at the heart of our nation? Truly, I ask this in all sincerity. What is the worm that has eaten away at our national pride? What has turned us from the beacon of hope and the shinning city to the era of Governing by Tweeter proclamation, personal animosity and Reality Show Carnage.

If this is how it happens, this hunger that will eat any lie no matter how outrageous, no matter how contrary to previous norms, ethics and values I fear for us all. I think of the cult following of Jim Jones that resulted in 918 people who willingly murdered their own children, loved ones and selves  while shouting Hallelujah. I compare them to all the many once respectable Republicans of Washington who willingly heap praise on the singularly most ignorant President in our history and his quest to ‘Make America Great Again’.

I consider friends, family and others who I know well and who willingly turn a blind eye to the corruption of this administration. I wonder what would cause them to do this, why would they support this tyrant despite all the evidence of who and what he is. None in my circle are racists, none are bigots, none have ever abused a child or a woman; these people love America just like I love America. Once upon a time they were true Conservatives, now I don’t recognize them or their politics. Now when we talk, the discourse turns ugly. Now when we disagree the rally cry is “I am for Trump” and “you can leave if you don’t like it”. Now when we talk, forbid there is anything at all that challenges this President’s competency, decisions, or his leadership on any scale, immediately the gloves come off and the name calling begins. This, from friends and family.

Civility has left the building. The shining city on the hill has turned the lights off and closed door. France has asked for the Statue back and Canada has  kidnapped the Bald Eagle to protect it from us.

We are not the laughing stock of the world, we are something far worse. We are a source of fear and anxiety. This president has aggressively pursued a systematic destruction of long-held alliances. He has insulted heads of states without consideration to how his personal perverse piss-off of the day affects world-wide relationships. We have, thanks to this president entered an era of isolationism and exited the world stage right leaving it in the hands of those who will run with it, economically and politically leaving us poor and strangled on our own miasma and a willful failure to engage. What does the world think of us?

We lose, if we don’t demand the two arms of government intended to provide checks and balance on the Administrative arm begin exercising their authority rather than cowering in fear, we lose. The GOP has shown they are willing to kowtow to the pressure of the Trump Cult rather than speak out, to stand up. They have shown they are afraid of the Cult of Trump, the ‘base’ of ginned up terrified White folk. Because of this fear we will lose this nation and our position in the world for generations to come.

Civility is gone. Common decency is gone. Alliances are going, maybe forever. Now, SCOTUS will be gone, by two seats and possibly by two more before the end of Trumps first term. While we look for the President to represent what is best in us on the world stage, this president is everything that is and has ever been what is the worst in us, he is the incarnation of our worst angels.

Donald J. Trump is the personification of 246 years of slavery

Donald J. Trump is the personification of 100 years of Jim Crow

Donald J. Trump is the personification of the Immigration Quota Act of 1924 establishing quotas based on national origin and limiting numbers specifically from Asian nations

Donald J. Trump is the personification of the turning away of Jewish refugees from Nazi Germany as a ‘danger’ to the security of the US, 1939 St Louis is the most prominent case

Donald J. Trump is the personification of the internment of 120,000 Japanese Americans beginning in 1946

This is just the short list. Donald J. Trump has a desire to ‘Make America Great Again’, what this means to him is an unknown but based on his history all of us can guess, can’t we? Worst than his daily horror show though, is his cult following, all too willing to repeat and even act on his lies.

Hungry hearts eat lies. A nation ate the lies of a con man and in so doing sent us down a slippery slope with an despotic leader at the helm and no one willing to hold him accountable. Donald J. Trump is the accumulation of all our worst inclinations, our worst actions and worst moments in history. He is the very personification of all that has ever been horrifying in our past embodied in a single person and he has a cult following willing to resurrect those times to ‘Make America Great Again’.

28-June-2018

Citizens and Zealots, Wherefore

OpEdO Patriots and Christians, wherefore art thou claiming the name Patriot? If you will not defend others with the same vigor you defend your own, should they then turn away, accept the brutality, or are you instead forsworn.

When other US Citizens are denied their fundamental rights to worship, why are you not shouting from the steps of the Capital in their defense? When other US Citizens are denied employment because of they wear a hijab, why were your voices not lifted in fury. When Mosques are blocked by gun toting thugs in your name, why are you not demanding their terroristic actions be stopped?

The list goes on; the facts add up to one simple idea O Patriots and Christians. You are forsworn in your duty to your fellow Citizen, to the Constitution you claim to love; even to the God you claim to love.

Shall I tell you what brings me to this conclusion? Wherefore I am drawn toward these dark thoughts of my fellow man (and woman), my fellow citizen.

Freedom of Religion Restoration, yes several states in these United States believe it is important they provide the means for individuals within their borders to use religion to act out their fear, biasFFP and bigotry. Standing behind the Bible they can now refuse service to anyone they choose. Of course, this was intended to focus only on those who had the gall to demand entry into the circle of full enfranchisement of citizenship, the LBGT community but in fact these acts allow a Christian to claim their faith demands bigotry against all comers.

To be clear, those who have gleefully passed these acts; pandering to their Christian base have received the lashes they deserve from business especially. They have had to walk the language of their Restoration Bills back, disavowing their original intent. This is what happens when politicians run, without understanding the true history of this nation or the capitalism they profess to love, with a Bible stuck up their ass trying to Restore us to the Christian Nation we never were intended to be.

In every country and in every age, the priest has been hostile to liberty. He is always in alliance with the despot, abetting his abuses in return for protection to his own. It is error alone that needs the support of government. Truth can stand by itself.

Thomas Jefferson, to Horatio G. Spafford, 1814

O Christians, who are so blinded by your own ignorance and righteous fear you would stand before other houses of worship, gun toting, sign waving and spewing messages of fear and hate. Wherefore art thou in thy ascension to heavenly favor so filled with anger? Where, pray tell is Sharia Law being applied to your daily life, that you must stand before a Mosque in the light of day images (4)and disrespect your fellow citizens, their faith and their places of worship? What gives you the right to show up with guns, signs and a cartoon contest in an attempt to spark another act of violence; then call those peaceful citizens the terrorist? You, yes you are the bad element in this scenario. You are not protecting the US from anything. You are not acting in good faith. You are not acting in accordance with the Bible or the Constitution you claim to love. You are the Thugs you are Christian Terrorists.

In our country are evangelists and zealots of many different political, economic and religious persuasions whose fanatical conviction is that all thought is divinely classified into two kinds – that which is their own and that which is false and dangerous.

Robert H. Jackson, American Communications Assn. v. Douds, 339 US 382, 438; 70 SCt. 674 704 (1950)

O Zealots, yea of Faith and Patriotism, where were you with signs waving and demands for religious freedom, when Samantha Elauf was denied a job at Abercrombie & Fitch for wearing hijab. Where were you when her religious freedom was denied? Did you stand up for her? Did you demand her rights be protected as your own? Or are her rights, as a Muslim woman somehow not as imagesimportant, not as due to her because of the God she worships. Did you know, Zealots and Patriots, her God is the same God you worship, the God of Abram, the God of the Old Testament, the God of David. Did you know, all you zealots you when you pray for the destruction of the other side, you pray to their God.

[5]And when thou prayest, thou shalt not be as the hypocrites are: for they love to pray standing in the synagogues and in the corners of the streets, that they may be seen of men. Verily I say unto you, They have their reward.
[6] But thou, when thou prayest, enter into thy closet, and when thou hast shut thy door, pray to thy Father which is in secret; and thy Father which seeth in secret shall reward thee openly.
[7] But when ye pray, use not vain repetitions, as the heathen do: for they think that they shall be heard for their much speaking.
[8] Be not ye therefore like unto them: for your Father knoweth what things ye have need of, before ye ask him.

Jesus, Matthew 6:5-8

angry-godDo you think I rant? I do. I am ranting. SCOTUS did a good thing by sending the Elauf v. Abercrombie & Fitch case back down to the circuit courts for review. The problem though, it doesn’t end there. The real problem is there are still so many in this nation who truly believe they can hide behind the shield of their ‘faith’ their ‘religion’ to do terrible things. Only yesterday North Carolina passed bill that would allow public officials to refuse marriage licenses to anyone they disagree on moral grounds, that is based on their personal religious views. This despite the federal court striking down their anti-gay marriage laws. Now, a public official, sworn to uphold the law and the Constitution decides he/she doesn’t want to issue a license to a couple of different religions, of different races, of same gender based on their ‘sincerely held religious belief’ they are protected.

O Christians, O Zealots, wherefore art thou so ignorant of your own history and the book you stand so firmly upon. Shed the scales, remove the plank; join the rest of us in trying to make this a better world or be forsworn, truly.

You are not a Christian

OLYMPUS DIGITAL CAMERAI have a bit of a bug, just a small itch I need to scratch. I tell you my dander is raised, my scalp needs to be scratched; all day I have been thinking of our Supreme Court and just how un-Supreme they truly our. I truly do believe it is time for all of us to take a long hard look at who we are as a nation, get up off our proverbial and begin to do something about the nation we want to be rather than simply complain. If we are unwilling to do something, we have absolutely no right to complain about the outcome.


 

No Corporation is a Christian and I can prove it, here are the core principles of being a Christian or living within the body of Christ.

  1. Professing a belief in Jesus Christ as Lord and Savior and following his teachings.
  2. Baptism into the body (church) or religious fellowship (it should be noted this is not required in all Christian sects).
  3. Evangelize and bring others to the body of Christ.
  4. Attend all church assemblies and give (tithe).
    1. Follow Church discipline
    2. Follow the will of God, as defined by the Church
    3. Read the ‘Word’ (Bible) regularly
    4. Pray frequently, confessing your sins to God and / or the Body (Church or its representative)
    5. Live an upright and moral life, giving up all worldly goods and desires to follow the teachings of the “Word”.
  5. Follow proper relations with other people including:
    1. Family
    2. Community, people in need
    3. Civil Government
    4. Church, religious government
    5. Business

There is no Corporation, not a single solitary one that is a Christian or for that matter any other Religion, what we have is human people who have decided the Constitution doesn’t matter unless it is convenient. What we have are five members of the Supreme Court who have decided they will strip any person with a uterus of their right to self-determination in favor of satisfying the political machinations of the Right and the racist intent of those who would do anything to deny this President a legacy.

Hobby Lobby = Hypocrisy

Hobby Lobby does business with China in fact nearly their entire inventory has a ‘Made in China’ sticker on it somewhere. Yes the nation with a low human rights rating for the manner in which people, especially women are treated, this is Hobby Lobby’s primary trade partner. Hobby Lobby somehow holds their nose despite, or maybe it is because of the execrable way in which China treats women, going so far as to encourage selective abortions, eliminating females in the womb.

Hobby Lobby does business with a nation that encourages abortion to the tune of approximately thirteen (13) million per year.

David Green, CEO Hobby Lobby

David Green, CEO Hobby Lobby

Nevertheless, when it came to providing for women’s health, providing birth control to their employees Hobby Lobby and their proselytizing CEO, David Green had something else entirely in mind and that was simply, “No”. Not just No, but Hell to the No. Never mind his 401K invested in Pharma companies that make all the methods and drugs he refuses to cover for his employees, including two that cover surgical abortions, that doesn’t count. Never mind the insurance he provides his employees covers Viagra and Cialis (can’t have a problem getting it up now can we). But damn those women if they should want to preserve their body integrity, their ability to raise the children they have, their health or their future.

Screw them, literally.

The Supreme Court of the United States of America listened to the arguments and decided Hobby Lobby; a corporation is human enough to hold religious beliefs and can impose those beliefs on others. In this case, those beliefs include denial of specific birth control methods including the following:

‘Morning After Pills’, Ella and Plan B, and two intrauterine devices (IUDs)

Last, I checked, I could be wrong mind you, but last I checked the first Amendment of the US Constitution said the following:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Unless I am crazy, I might be, this would mean Hobby Lobby and its hypocritical proselytizing CEO do not get to impose their crazy azzed religious beliefs on others. Mind you, I know I could be wrong, I could be sitting in my own version of Hope Land, resting in my garden of Lavender surrounded by the sounds of birds and water fountains, but as much of an idealist as I am I don’t think I wear blinders. I believe I am reading the Constitution correctly, which means there is something far more nefarious at work.

Supreme_Court_US_2010

What could it be that causes a body, in this case the Supreme Court of the United States to act in a manner so contrary to what we know is consistent with the law, common sense and all of this nations principles to now. What could cause case after case since 2009 to shift so far out to the Right, away from what is best for the majority and towards an ever-shrinking minority? What is the single element that has changed and what can we trace that change too?og-ab844a_schob_g_20140630134413

On 20-January-2009 Republican leaders held a secret meeting during which the agreed to sabotage the US economy and the success of President Obama’s administration. Since that time, Congress both House and Senate have done everything and anything within their power to do so. During this same time, SCOTUS has colluded openly and without restraint to provide aid. One only need look at the record of decisions handed down on Voting Rights, Women’s Rights, Workers Rights including the most recent Harris v. Quinn.

The list of goes on, our losses go on and we remain seated in our chairs. We remain apathetic, tired and seemingly powerless.

Three branches of government colluding to destroy one man and his legacy. We sit and watch.

Three branches of government and their minions, the ignorant of our nation whipped into a frenzy because one Black Man dared to dream and dared to cause us to dream with him. Don’t want to hear it, yet I believe it might be true, three branches of government full of old, fearful and mean Caucasian men and women who see their power being lost and trying desperately to hang on determined to destroy the first African American President, his family and his legacy by any and every means necessary.

The rest of us? We are collateral damage.

Want to stop this before it is too late?

VOTE, in November VOTE. Don’t stay home but get out and VOTE. If you stay home we lose.

 

Impeachment Process, Free Republic

The Plot to Sabotage the Presidents Administration

The ObamaCrat’s Take on SCOTUS Decision all the information is here

Justice for Sale

NewJusticeWe were handed a stunning blow as citizens of the United States of America, SCOTUS said our voices were less than those of great wealth, less than the voices of anonymous corporations, less than the voices of those who were able buy our once great Republic. On 1-January-2010, the people of the United States of America were told in no uncertain terms, our voices would count for less and our nation would change to accommodate the will of whose money could buy seats at the table.

We stomped our feet. We complained. We talked among ourselves and pointed our fingers at those we knew were behind the scenes pulling the strings. We rung our hands and cried, ‘woe is us, what now?’

We Blinked

We allowed what we knew was an ethically and morally challenged court to remain seated and continue to hear cases that would change the course of this nation. We watched as case after case went before what we knew were politically motivated justices, in bed with politicians, PACS and lobbyists (in some cases literally in bed with them every night) and we did nothing. Well nothing isn’t entirely true, is it? We whined, we created cute memes and posted them on Facebook hoping they would go viral, we had battles of wits with our opponents on the other side of the divide, we wrote scathing blogs and we wrung our hands. Nevertheless, in fact, we did absolutely not one blessed thing to change the tide.

Meanwhile, ALEC, Heritage Foundation, American Crossroads, American Family, Citizen United, Freedom Watch, Family Research Council, John Birch and Freedom Works; naming just a few of the big ones intent on undermining your and my way of life and our opportunity at the American Dream, have worked hard to get every challenge heard in the highest courts in the land. Their stooges, like Shaun McCutcheon, do their bidding, becoming the face of our diminished democratic processes, the focus of our ire. Meanwhile those truly holding the purse strings gleefully sit back, observing the destruction and plotting the next strike against the Republic.

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Hand Wringing and Weeping

The truth is we could be doing more if we weren’t so stuck on the idea we can do nothing. If our backbone weren’t so weak, so gelatinous we could be demanding the same loyalty of our elected officials with our confirmed moneyed speech the 1% demand of theirs. Rather than hanging our heads and wringing our hands, we should remember we ‘own’ our elected officials; we are the people who stand in line to pull the lever and put them in the position to direct or misdirect our lives through their actions in office. This is true whether they are Red, Blue, Green or Purple. This is a true statement whether they believe it or not. Those officials, from the President of the United States down to the lowest Dog Catcher are beholden to you and I for their seat at the table, they represent us not the special interests who would see our Democratic Republic become something other than a nation for and by the people.

Roberts Court

These are not elected officials

What’s Wrong with this Picture?

Consider the problems of this court and then ask yourself does it makes sense.

Justice Scalia, who regularly and publicly castigates the President of the United State, speaks at Conservative forums without shame and shows extreme bias in his questioning from the bench. This is a man who makes no bones about his position and uses that position to do great harm.

“Can’t scare me,” he told a reporter who got on line with audience members to ask a question. “I have life tenure.” Justice Antonin Scalia, Medford, MA Tufts University 10/20131220px-Antonin_Scalia,_SCOTUS_photo_portrait

Next, let’s take a peek under the robe of Clarence Thomas (shudder) and his wife Virginia. Nominated to the bench by George H. Bush in 1991, Justice Thomas was tainted before he was sworn in. Despite the testimony of Anita Hill regarding his sexual harassment, despite the witnesses waiting to testify who were never called Clarence Thomas was passed onto the Supreme Court and continues to serve, for Life. He never asks a question, he also never recuses himself from any case. Prior to his time on the highest court of the land, he represented Monsanto for four years, thereafter moved back into the political arena.

220px-Clarence_Thomas_official_SCOTUS_portraitWhile Justice Thomas has many questionable ethics it is truly who he lays down with every night that should make us all cringe. Not because she is simply mean, but because she has used her association with him to further her own political agenda and they have both benefited by his seat on the bench. A short synopsis of Ginny’s connections:

  • 1985 – 1989 Attorney for US Chamber of Commerce, one of her efforts included advocacy against the Family Leave Act. She was considered highly successful within certain circles because of her personal commitment and passion.
  • 1991,  Legislative Affairs Office of the United States Department of Labor, during this time she argued strong against equal pay for equal work, specifically to close the gender gap. Thereafter she went to work for Congressman Dick Armey ( R ), as a policy analyst until 2009. Though her time in this role raised conflict of interest challenges for her husband during his confirmation hearings.
  • 2000, our Ginny found her calling with the Heritage Foundation a Right Wing Think Tank and lobbying group. Ginny Thomas was at the forefront of the effort to gather and submit resumes for the Bush administration,
    In her glory, Ginny Thomas

    In her glory, Ginny Thomas

    during the time the Supreme Court was deciding Bush-v-Gore. Can you say Conflict of Interest? Many did.

  •  2009, finally Clarence must have had enough Ginny opened her own shop though it went through a couple of make-overs before settling into its current operation, Liberty Consulting, Inc. With strong ties to the Tea Party and no shame in selling her connections in ‘high places’, she is a frequent guest on Fox, including Hannity and others. In addition to her ‘consulting’ company our Ginny is a member of Groundswell2.

Should I say it one more time? Can you spell Conflict of Interest? Yet, he continues to sit on the bench.

I have to ask again, what is wrong with SCOTUS? We have always sought to have ‘our’ guy, meaning the President in office when a Justice retires so we can balance the court in our favor. There isn’t anything unusual in this strategy. Sometimes we win; sometimes we lose and the court shifts slightly. However, currently we have a court so blatant in their disregard for their position as one of the branches of Government, the arbiter of final Constitutional interpretation that slight shift is wreaking our democratic process. The Robert’s court has aligned themselves with the Right Wing of the Legislative Branch and sold our Republic a Bill of Goods with no Return and no Refund policy. Worse, they make no bones of their agenda, with their choice of cases or their questions from the bench.

It is Time to Stop our Hand Wringing and Bitching

A Supreme Court Justice can be impeached; their jobs are not for life. They can be removed if it can be shown they have not acted according to their oaths of office. Article III of the US Constitution says the following:

“The judges, both of the supreme and inferior courts, shall hold their offices during good behavior…”

These are not elected officials, they do nonetheless serve at our pleasure, they are public servants. This means despite their obvious disdain, they are the people’s servants. It is time for a groundswell of our own, it is time to stand up and demand a change. Not just in Congress, but throughout this corrupt system, including here in the courts even this, the highest court of our nation.

It is time.

1 http://www.huffingtonpost.com/2013/10/02/antonin-scalia-government-shutdown_n_4033524.html

2 http://www.motherjones.com/mojo/2013/07/groundswell-right-wing-strategy-group-members-photos?slide=7

For Donor tag 1: http://www.opensecrets.org/overview/

The entire Federal Law on Campaign Finance: http://www.fec.gov/law/feca/feca.pdf

The 2013-2014 Limits on Campaign Contributions: http://www.fec.gov/pages/brochures/biennial.shtml

Top group donations by Party: http://www.opensecrets.org/overview/topcontribs.php

Top individual donations with partisan bent: http://www.opensecrets.org/overview/topindivs.php

Wake Up Citizens

wordle2

I am a bit annoyed. Truthfully, I am more than a bit annoyed, I am over the top, heels over ass pissed the hell right off. What is wrong with people? By people, I do have specific people in mind.

markmeadows

Seditious Mark Meadows, Jr Congressman North Carolina (R)

I could list the seventy-nine seditious ass clowns who signed the letter initiated by North Carolina Junior Representative Mark Meadows; instead, I will simply provide you the link to his site, which includes the letter and the signatures1. I want to talk about something other than the shutdown of the United States government, though my subject is closely tied to this one.

I don’t want to talk about those subversive son-of-bitches in D.C., they simply do not care; keeping in mind, they are still collecting their pay. Don’t be fooled by their sad eyed bullshit, they got their checks on September 30 through Direct Deposit and are not expecting another until October 30. They cannot ‘defer’ their own pay; no indeed not, it is all a great big lie. The only thing they can do is donate it and very few of them are doing that.

So let’s talk about what is equally important, what is critical to the function of our government and your and my voice in the future. We don’t have much of one left because the last time something this important was before SCOTUS we blinked. If we blink this time, we lose our voice, perhaps forever.

McCutcheon v. FEC

With Citizen United v.FEC the door was opened to corporations, giving them the same voice citizens had in the workings of our government. Now of course this isn’t true, corporations, especially multi-national corporations, have a great deal more money than you and I thus they had more to give. In essence, what SCOTUS said with their ruling, money is speech, corporations just like you, and I have the same First Amendment Rights to Free Speech. Citizen United broke the dam, opened the floodgates and the money poured in as the legislators at every level (federal, state and local) draped  “For Sale” signs around their necks and stuck their hands out. The voice of the citizen, it was drowned out by the voice of the big business and their CEO’s, as it never had been before.

We were asleep. We let this happen. Only after the fact, have some of us woken up to what this meant to our political systems, to our democratic republic. Now, only after the fact we do we bemoan the loss of our voice in Congress. Now, as we watch the Koch funded Tea Party terrorist shut down the government do we shake our head in dismay and question our reasoning. Now, as we watch those sleazy and ignorant knuckle draggers obstruct the appropriate workings of our government and threaten the economy of this nation and the f’ng world, do we realize what it meant to cede our authority and our voice in the government “by the People and for the People” do we realize what ‘money as speech’ means. Unfortunately, there are still those, even those without a pot to piss in or window to throw it out of, who continues to defend Citizens United, the Tea Party and those who would strip the very meat off their bones.

So, let us quickly talk about McCutcheon v. FEC, which was argued before SCOTUS on 8-October to raise further individual campaign limits to $3.5M per donor to a single party’s candidates, parties or committees. Previously, a single donor was limited to $123,000 in direct donation to parties or committees, or $2,600 in individual contributions to 17 candidates for a total of $46,200 and an additional $70,800 to a political action committee (PAC) or group within a two-year federal cycle. Keep in mind this is only on the federal level, these wealthy donors are not similarly limited at the state or local level. Mr. McCutcheon though, he is outraged his voice is limited, his ability to buy his own personal Congressman or woman is limited in this way.

Those who have joined in his suit, they are also similarly outraged. They are:

  • The Republican National Committee
  • Senate Minority Leader Mitch McConnell, joining as an outside party

Oh, did I forget to mention Shaun McCutcheon is a little known multi-millionaire from Alabama who is active in conservative circles? Yes, indeed our friend Mr. McCutcheon is another one of the ‘big’ donors who likes to buy up legislators to make certain his personal agenda is well represented at the expense of all the rest of America’s citizens. He is the CEO of Coalmont Electrical Development, an engineering firm specializing in mining. He is according to the chairman of the Alabama Republican Party, Bill Armistead, a sincere Republican and Activist. This sincere member of the 1% first broached the idea of his lawsuit to further strip your and my voices from the public forum at the 2012 Conservative Political Action Conference (CPAC)2.

We need too really think hard about this one for just one minute, currently a single donor can give $123,000 in any two-year cycle. This amount is twice what the average American family earns, that is two times what the Average American Family has to pay their bills with, save against catastrophe with, save for their children’s future education with, pay for their healthcare with, feed themselves with and contribute to political campaigns, candidates, committees and parties from. Consider some of this:

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A bit of history is important, limits were put in place to prevent corruption or the appearance of corruption after Nixon and the Watergate scandal of the 1970’s. Watergate led to changes in campaign financing, as well as, the Freedom of Information Act in 1974. In addition to these legislative changes, it became expected that candidates would disclose personal finances including tax filings. In fact, Mitt Romney was the first presidential candidate since that time to balk at the release of personal financial information, wonder why that was.

So we must ask the question, like so much else we achieved to move this nation forward toward equality in the past one hundred years, why this why now? I think I can answer this question, we have the perfect storm, we have a court that will continue to strip away, every progressive accomplishment and every citizen’s right we have gained. Someday, those at the top will look back and it won’t be Ronald Reagan they will worship it will be George W. Bush, who tipped the scales of the Supreme Court in their favor.

Supreme_Court_US_2010

Are you willing to see this happen? I am certainly not prepared for the slide backward, not in my lifetime. I am constantly astounded when anyone who is barely able to meet their rent or mortgage defends the likes of Shaun McCutcheon, the infamous Koch brothers or for that matter the GOP and their slimy Right Wing minority the Tea Party contingent. Is it not clear yet? These people are not your friends, their version of the American Dream is an American Nightmare for 99% of us, this Shutdown is only a taste of what is to come under their vision of our future.

Tell SCOTUS, tell your Representative, tell the Administration: Enough is Enough. Return America to the People. Restore Campaign Finance.

Tell the Supreme Court No: http://www.demos.org/mccutcheon-v-fec-new-citizens-united

__________________________________________________________________________________________________________________________________________________________________________________________________________________

1http://meadows.house.gov/press-releases/meadows-sends-letter-encouraging-house-leadership-to-defund-obamacare/#.UlV_9FDoZ8F

2http://www.thedailybeast.com/articles/2013/10/08/meet-shaun-mccutcheon-the-republican-activist-trying-to-make-history-at-the-supreme-court.html

Election Spending: http://www.demos.org/publication/election-spending-2012-pre-election-analysis-federal-election-commission-data

Complete Analysis: http://www.demos.org/publication/stop-next-citizens-united

Brief filed with court: http://www.demos.org/publication/amicus-brief-supreme-court-mccutcheon-v-fec

Report Special Interest over National Interest: http://www.demos.org/publication/billion-dollar-democracy-unprecedented-role-money-2012-elections

Super Pac money Auctioning Democracy: http://www.demos.org/publication/auctioning-democracy-rise-super-pacs-and-2012-election

Millionaire Megaphones: http://www.demos.org/publication/million-dollar-megaphones-super-pacs-and-unlimited-outside-spending-2012-elections

SCOTUS, Naked Emperors

Let’s talk in real terms about what happened last week at the Supreme Court. Not the MEME’s floating about, not the BS floating hither and yon depending on what news you turn on and tune in but the reality of what all this might mean to you and me.

Supreme_Court_US_2010

First SCOTUS that is the Supreme Court of the United States. Those odd birds who unlike all other branches of government are appointed for life and truthfully have far more impact on our lives than we give them credit for. As a nation we were riveted by their big decisions last week;

  • Obliteration of Section 4 of Voters Right Act of 1965 aka 15th Amendment. To be clear, this section of the act provides the formula for whether a State or even a voting jurisdiction within a state uses a ‘test’ or other ‘device’ to determine a citizen’s right to vote. The formula determined the numbers of eligible citizens registered to vote and how representative of populations within districts were after maps were redrawn. The original formula was  established in 1964, they were evaluated and confirmed in 1982 and again in 2006 through a bipartisan vote of Congress.1
  • DOMA that special legislation where Congress and then President Bill Clinton really stepped in proverbial shit yes I said it. Finally, someone challenged it and shockingly SCOTUS by a small margin agreed DOMA had no Constitutional validity, based only on state definitions of marriage. Make sense? No, it doesn’t to me either, what the court has done is defined marriage as a ‘legal’ definition based on State standing, all 965 places in the federal law that mention marriage will apply to all marriages. If you are married in a state that allows same sex marriage, the federal government will recognize your marriage as legal, however, no states are bound by these rules and it is up to each state to determine whether they will recognize same sex marriage; today twelve states recognize same sex marriage. 2
  • Along these same lines the court sent Hollingsworth-v-Perry packing based on a simple standard, the defendants did not have standing. When Perry, et al sued the State of California because they were denied marriage licenses, then AG Jerry Brown and Governor Arnold Schwarzenegger refused to defend Prop 8. Hollingsworth, et al including multiple backers stepped in to defend Prop 8 since the State would not do so. The backing for Prop 8 came from the following groups:
    • Campaign for California Families
    • Protect Marriage

These groups were backed by:

  • Family Research Council
  • California Family Alliance
  • Focus on Family
  • Knights of Columbus
  • California Catholic Conference
  • Catholics for Common Good
  • The Church of Latter Day Saints

Those were the big ones, the rulings those of us who watch the court were waiting for, in essence the court split hairs. No big wins for anyone really, though on the surface striking down DOMA and sending Hollingsworth and the Zealots packing felt pretty good, this wasn’t really a win just a tie.

Obliterating Section 4, well that was a blow for anyone who understands we do not live in a society that is Color or Gender Blind, or economically fair. No less than two (2) hours after this decision was announced by those ScaliaQuotemyopic naked emperors on the highest bench of the land then Governors began to announce they would redistrict and implement voter ID laws previously turned down in federal courts; Rick Perry of Texas is a perfect example of this one. Of course, if you have political stooges on the bench it is impossible not to have results such as this.4

Thanks to SCOTUS Texas now have the most stringent Voter ID laws in the nation and the model for all other states. Thanks to SCOTUS, Rick Perry and his old white man brigade will wipe the slate clean, redistrict the state and maintain the status quo insuring no woman or minority who doesn’t tow the party line is ever elected to high office. Good on you; you parochial Azzhats.

Texas Attorney General

Texas Attorney General

These were not the only decisions handed down by SCOTUS last week; these were not the only game changers. It is important we not lose sight of what else happened and how these decisions affect us.

The court weighed in on adoption and parental rights, specifically on the rights on non-custodial parents in the Indian nations. This is important as it shows money can still buy persons, even when deception is used as part of the argument. There is both case law and federal law in place to protect the Nations from loss of children through adoption placement; the court intentionally read the law to favor the couple attempting to adopt the now nearly three-year-old child. The State Court denied the adoption when the father asserted his rights originally when the child was 4 months old. It is a sad and convoluted case.5

Well so much for States Rights on this one! Proves the States only have rights when big business and big government isn’t involved. In this case, a woman was terribly harmed, her doctor admitted he hadn’t read all the possible outcomes of the medication he prescribed to her and she had the very worst. The state law, which required the pharmaceutical company to list all possible risks of any drug whether name brand or generic. Unfortunately, the state law ran counter to FDA rules and SCOTUS the ruling came down in simple terms as follows, “(a) Under the Supremacy Clause, state laws that conflict with fed­eral law are “without effect.” This ruling left a woman who is forever disabled without means of support. So much for small government, so much for STATES RIGHTS. 6

Finally, we come to the last weakening of protections for women and minorities, SCOTUS pulls more threads out of the EEOC. The court narrowed rather than broadened the definition of supervisor in this case, despite the changes in today’s workplace. The plaintiff in this case brought her complaint based on a hostile work environment, her nemesis was in a position to direct her work but not in a position to ‘hire’, ‘fire’ or affect her pay. By this definition, the conservative bench determined it was not possible for there to be created a hostile work environment and relied on the definition of ‘supervisor’. It appears now, an employer only needs to slap the hand of a bigot at work to perform their duty.

There you have it, the key cases of SCOTUS last week and how they have further eroded our nation and our protections. Despite the DOMA and Prop 8 decisions, this truly was not a good week for those of us who are not middle aged White Men who vote Republican. Between Congress and the conservative court, we are slowly but surely getting all of our protections getting kicked out from under us. Worse still, we don’t realize it and thus, we are unable to fight back.

Is this truly the nation we want to live in? Is the truly the nation we want our children to inherit?

1 Voter Rights: http://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf

2 DOMA Decision: http://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf

3 Prop 8 Decision: http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf

4 Oral Arguments: http://www.supremecourt.gov/oral_arguments/argument_transcripts/12-96.pdf

5 Adoption: http://www.supremecourt.gov/opinions/12pdf/12-399_8mj8.pdf

6 State Law vs Federal Law Disconnect: http://www.supremecourt.gov/opinions/12pdf/12-142_8njq.pdf

7 Weakens EEOC and Labor: http://www.supremecourt.gov/opinions/12pdf/11-556_11o2.pdf

C.Thomas Dissent Encourages Privacy for Sex Offenders: http://www.supremecourt.gov/opinions/12pdf/12-418_7k8b.pdf

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