Yesterday, I posted about the 2018 book How Democracies Die. My “take-aways” were twofold: first, the authors located the source of today’s efforts to install an autocracy in the racism that has long been identified as America’s “original sin,” and second, they identified warning signs of institutional and normative breakdown.
Several things have changed since 2018, of course, and some of those changes have been positive. Biden’s victory in 2020–a resounding popular victory despite the desperate efforts of Trump and MAGA voters to de-legitimize it–and the failure of the much-anticipated “Red wave” in 2022 come immediately to mind. But other signs are more ominous–especially the pathetic acquiescence of elected Republicans to Trump’s and the far-Right’s increasingly public racism, and the unprecedented and blatantly-partisan behavior of members of the judiciary.
Two examples from just the past week.
The Governor of Texas, Greg Abbott, pardoned Daniel Perry, who had been convicted of murder for fatally shooting a demonstrator during a Black Lives Matter protest. Perry had been sentenced to 25 years in prison for killing Garrett Foster in downtown Austin in July 2020. Abbott’s hand-picked Board of Pardons and Paroles voted unanimously in favor of the pardon.
Witnesses at the trial had testified that the man Perry shot had never raised his weapon, and according to court records, in the weeks leading up to the protests, Perry had sent multiple racist messages about protesters, shared white supremacist memes and talked about how he “might have to kill a few people” who were demonstrating. In one, he compared the Black Lives Matter movement to “a zoo full of monkeys that are freaking out flinging their shit.”
Abbot’s pardon sends a strong–and horrifying–message: in Texas, elected officials will protect racists. Even murderous ones.
Then there’s the even more horrifying disclosure that–in the wake of the January 6th insurrection– a “Stop the Steal” symbol flew on Justice Samuel Alito’s lawn.
You need not be a lawyer to share Robert Hubbell’s reaction:
As a Supreme Court justice, Alito has been unapologetic in his efforts to defend Trump’s lawlessness. He has risen to Trump’s defense with gleeful spite and unveiled resentment against those seeking to hold Trump accountable under the Constitution.
On Thursday, the New York Times revealed that Alito’s home displayed an upside-down US flag during the fraught days after the January 6 insurrection. At the time, flying the US flag upside down was a symbol calling to “Stop the Steal” of the 2020 election from Trump. It was a call to insurrection—proudly displayed by a US Supreme Court justice sworn to defend and protect the Constitution. See New York Times, At Justice Alito’s House, a ‘Stop the Steal’ Symbol on Display.
In response to an inquiry from the Times, Alito said, I had no involvement whatsoever in the flying of the flag.
Notably, Alito did not deny the veracity of the photograph of the flag flying upside down on his lawn. He did not deny the symbolism of the upside-down flag. He did not deny that he was aware of its continued presence in front of his house. Instead, he blamed his wife, whom he claimed flew the “Stop the Steal” banner in response to anti-Trump signs in the neighborhood.
Alito’s response to the Times is a lie. He owns the flag. He owns the flagpole. He owns the property on which the flag was displayed. He permitted it to remain on display on his property. He, therefore, did have “involvement” in “flying the flag.” It does not matter that it was his wife who physically raised the “Stop the Steal” banner on the flagpole. Alito’s hair-splitting denial is misleading and incomplete—and therefore false.
As Hubbell notes, this leaves us with a second Supreme Court Justice whose spouse actively supported an effort to prevent the peaceful transfer of power.
Those justices—Alito and Thomas—are currently considering Trump’s presidential immunity defense to the indictment alleging that Trump attempted to subvert the election. Under any reasonable reading of Code of Conduct that applies to Supreme Court justices, Alito and Thomas should have recused themselves long ago (under Canons 2 and 3).
In a very real sense, Americans are still fighting the Civil War. Today’s Confederates are more geographically scattered, and the incidents of bloodshed and violence are being perpetrated by individual MAGA racists rather than by an organized Rebel army, but the White Supremacy beliefs motivating the combatants haven’t changed. More worrisome still, years of partisan efforts to subvert racial and religious equality and the rule of law have led to utterly scandalous, unethical, and judicially-unforgivable behaviors by two Justices of the highest court in the land–a profoundly dangerous institutional breakdown.
This is how democracies die.
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