Category Archives: Random Blogging

Denialism And The Courts

Mitch McConnell has made no bones about his highest priority–capturing the judiciary for his version of “conservatism,” and–at this. juncture, with continued control of the Senate in considerable doubt–super-charging the confirmation of nominee Amy Coney Barrett to the Supreme Court.

The likely confirmation of Barrett (who reminds me of one of the Stepford Wives), a perfect replica of a 1950’s “lady” but “new and improved” with a law degree, has been the focus of much speculation. Her ascension to the court would accomplish the dearest wish of the GOP base– a lopsided 6-3 Court majority for their brand of conservatism. A recent article from New York Magazine is representative.Titled “Trump’s New Supreme Court is Coming for the Next Dozen Elections,” the article points to the likely consequences for electoral politics:

When Judge Amy Coney Barrett sits for questions before the Senate Judiciary Committee in mid-October, no doubt Democrats will pepper her with questions about whether she would recuse herself in any Trump v.Biden election lawsuit to come before the Supreme Court. Although that’s an important question to ask, perhaps the bigger question is what it wouldmean in the long run for voting and election cases to have a sixth conservative justice on the Supreme Court.

In short, a Barrett confirmation would make it more likely we will see a significant undermining of the already weakened Voting Rights Act — the Court said on Friday it will hear a case involving the law. A 6-3 conservative Court might allow unlimited undisclosed money in political campaigns; give more latitude to states to suppress votes, especially those of minorities; protect partisan gerrymandering from reform efforts; and strengthen the representation of rural white areas, which would favor Republicans.

Other predicted consequences include striking down the Affordable Care Act and–of course–overruling Roe v. Wade.

There is a measure of uncertainty about the extent to which COVID will complicate McConnell’s super-charged timeline. (I don’t wish hospitalization or death  on anyone, but given the irresponsibility of the President and GOP, I don’t think it’s wrong to hope for a couple of weeks of extreme discomfort and an inability to participate in deliberations/votes.) Lindsey Graham, who heads the committee has refused to take a COVID test despite several incidents of exposure–presumably to avoid having to isolate and thus delay the hearings.

The likelihood of Barrett’s confirmation has generated serious discussion about a Biden Administration adding Justices to the Supreme Court. Although the media has labeled that possibility “court packing,” law and courts scholars have discussed adding Justices and similar reforms (having federal appellate judges “rotate” onto the Court for specific periods or cases, term limits for Justices, etc.) for years–long before Trump’s assault on judicial independence. For that matter, the Judicial Conference has noted the need for additional judges  in a statement to the Senate Judiciary Committee.

“The effects of increasing caseloads without a corresponding increase in judges are profound,” wrote Judge Brian Miller of the United States District Court for the Eastern District of Arkansas on behalf of the Judicial Conference of the United States. He continued:

Delays increase expenses for civil litigants and may increase the length of time criminal defendants are held pending trial. Substantial delays lead to lack of respect for the Judiciary and the judicial process. The problem is so severe that potential litigants may be avoiding federal court altogether.

Whatever actually happens, I want to make a point I’ve not seen discussed: the arguably incorrect labelling of Justices like Alito and Thomas, and nominees like Barrett–not to mention some of the Neanderthals McConnell has placed on lower courts–as “Conservative.”

Conservatives want to preserve values that they believe are necessary to the social order; they are consequently cautious about change or innovation. People of good will can and do debate which values meet that definition and why, and “caution” about change is not the same thing as “adamant opposition.’ (If you are interested in seeing what actual, responsible conservatism looks like, visit the site of the Niskanen Center.)

The people McConnell’s GOP has placed on our courts aren’t conservative in the time-honored meaning of that term. If anything, they’re radical. To appropriate a phrase used by historian Stephanie Coons, they want to return to “the way we never were,” a fondly-remembered, wholly fictionalized White Christian America in which the “little woman” dutifully attended her husband, LGBTQ people were in the closet back behind the coats, and dark-skinned folks “knew their place.”

We are in a period of paradigm shift, and a substantial portion of our fellow citizens are–as the saying goes–standing athwart history yelling stop.

To call those people “conservatives” is unfair to the genuine article.

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An Omen?

In Indiana, early voting started yesterday, and my husband and I got to the City-County Building at 8:00 a.m., when the polling place in the Clerk’s office was to open.

We didn’t stay to vote–because the line, at 8:03, already wound entirely around the block–and our blocks are long. (My husband, who just turned 88 and has a bad ankle, cannot stand for long, so we decided to take a folding chair and try again Friday.) There were several hundred people there, before the Clerk’s office even opened, determined to cast their ballots, and while impressions can be misleading, I’m pretty sure they weren’t Trump voters. It was beautiful.

Posts to Facebook showed the line replenishing through the day, and some people reported a three-hour wait to vote.

Granted, we live in a city, and in a world increasingly polarized into red and blue, cities of reasonable size are all deep blue. If there is similar turnout in the rural, deeply red parts of Indiana, we’re unlikely to turn the whole of our retrograde state blue–but that incredibly long line was immensely heartening.

I know that every election is touted as “most important.” But this time, it is clearly true. This election is about policy, of course–but at its center, it is a morality play. It will test whether our fellow Americans are prepared to recommit to the American ideals about equality that we’ve yet to achieve–or whether a majority of us will adamantly reject the goal of e pluribus unum–out of the many, one.

At its core, this election is about whether we will disavow or endorse bigotry.

The moral significance of this election is why I am really, really hoping that Trump survives COVID-19. As conservative columnist Bret Stephens wrote in yesterday’s New York Times,

We wish him well because if, God forbid, the president were to die this month, he would go down undefeated, a martyr to the tens of millions of Americans who’ve treated him as a savior. Trump’s death would guarantee a long life for Trumpism, with his children as its principal beneficiaries.

We wish him well because Trump’s opponents — Democrats and NeverTrumpers alike — need a clean political victory. If Trump survives but is forced to endure a difficult recovery, it could put the hideousness of last week’s debate behind him, mute the criticism of his performance and soften his image in the eyes of wavering voters. The longer he lingers, the better his chances may be, at least politically.

We wish him well because if illness keeps him sidelined and he winds up losing the election, he will surely blame the disease for the loss. This could well be untrue (see above), but it won’t stop his supporters from believing it. Again, Trump the man needs to live — and lose — because it’s the only way the Trump cult might die.

For me, by far the most depressing aspect of the last twelve years has been the need to come to terms with an ugly reality–the number of Americans who embrace white nationalism, who have “come out” and shown the rest of us who they really are.

Until Obama’s election, I naively thought that the percentage of the population that was racist and hateful was relatively small. I was stunned when the rocks they’d been hiding under lifted, and they crawled out, spewing venom; I was demoralized and disheartened by their enthusiastic agreement with Trump’s insistence that civility, empathy and human-kindness are evidence of weakness in the face of “political correctness.”

This election will tell us how plentiful these people really are. It will tell me if my longstanding belief in the essential goodness and common sense of most Americans was hopelessly naive, or justified.

I hope that line at the City-County Building was an omen.

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A “Collective Psychotic Episode”

Tuesday’s post, published early by mistake. See you Wednesday morning.

I am (unhappily) persuaded that the thesis of an October 4th article for Salon is correct.

David Mascriotra’s opening line was “There is only one political party in the United States.” He went on to defend that observation

The first presidential debate between Joe Biden and Donald Trump demonstrated with hideous clarity that the Democratic Party is currently running against not a conservative public policy agenda or a coherent philosophy of governance, but a collective psychotic episode, channeled through an authoritarian demagogue who is equally propelled and crippled by his own neuroses.Gore Vidal, one of America’s best chroniclers of empire, once provided instruction to a British interviewer expressing confusion over the radical hostility Republicans showed toward Barack Obama, and the former president’s inability to react with equal aggression: “Obama believes the Republican Party is a political party when in fact it’s a mindset, like Hitler Youth, based on hatred — religious hatred, racial hatred. When you foreigners hear the word ‘conservative’ you think of kindly old men hunting foxes. They’re not, they’re fascists.”

Mascriotra doesn’t fall into the all-too-frequent mistake of centering his criticism on Trump and his gang that can’t shoot straight. His analysis focuses on the real problem–the fact that the Republican Party has  undergone a radical transformation from a genuine political party into a cult–or, as the quoted paragraph graphically puts it, a “mindset.” And a pretty ugly mindset, at that.

This analysis rejects the (weak) excuse that Republican office-holders don’t stand up to Trump because they are afraid of what the author calls the “bloodlust” of the Trump cult. Although there is undoubtedly some of that, he argues that–at least at the federal level– they share Trump’s hatred of democracy, and he shares statements from several of the “usual subjects”– Rep. Matt Gaetz of Florida, Sen. Tom Cotton of Arkansas and others–to prove his point.

Republican officeholders and voters “are glad to see him waging war on a system designed to give representation and power to a diverse group of citizens.”

We all know what “diverse group of citizens” means: brown and black people, women, gays, Jews and Muslims. It always comes back to what is increasingly impossible to ignore– the almost total capture of the GOP by white supremacists. To rank and file Republicans, “Making America great again” means recommitting the country to the rule and social dominance of white male Christians. As Mascriotra says, “there is no other reasonable conclusion to draw from the fact that between 80 and 90 percent of Republicans approve of Trump’s performance in office.”

That conclusion –that the GOP is no longer a party, but a white supremacist cult– is also supported by the lack of anything resembling an agenda or a platform.

An American without health insurance, or who pays a high monthly premium for inadequate coverage, can expect nothing from the Republican Party. Working parents who cannot afford child care and have no disposable income after paying each month’s bills can expect nothing from the Republican Party. A young college graduate unable to qualify for a mortgage because he has tens of thousands of dollars in student debt can expect nothing from the Republican Party. Poor children suffering through hunger and struggling to learn basic skills in a dysfunctional school can expect nothing from the Republican Party.

Mascriotra quotes George Will for the proposition that the GOP has abandoned any former connection to a coherent, genuine conservatism. He concludes that Trump’s inability to debate Biden, evidenced by his descent into tantrum and invective, was largely because Republicans no longer have principles or programs to debate or defend.

Through their multi-decade commitment to shrinking government down so small that it can “drown in a bathtub,” to use the words of Grover Norquist, what was once a reasonably coherent pro-business conservative party has arrived at its logical endpoint — a fascist power grab under the guise of an incoherent personality cult.

The late Stanley Crouch warned Republicans of their trouble in the late 1990s, explaining to Charlie Rose that you “cannot assemble a group of lunatics” to follow you without eventually following them into lunacy.

Reminds me of the lyric from the song, “Bring in the clowns.”

Don’t bother–they’re here.

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And Now, COVID…

Reactions to yesterday’s announcement that the President and First Lady have both tested positive for COVID-19 have been mixed, to put it mildly. A significant number–noting that the President rarely utters anything related to the truth–suggested it was another attempt at disinformation and/or distraction.

For those who accepted the accuracy of the announcement, most of what I have seen–especially on Facebook–invoked the concept of karma. To say that reactions aren’t overwhelmingly sympathetic might just be the understatement of the century. This is, after all, a President who has shown absolutely no concern for other people, including his own supporters. He has ignored and ridiculed advice offered by medical experts, including those in his own administration, and he has touted unproven and frequently ridiculous “cures” (ingesting bleach, anyone?). All of that is on top of the fact that he is one of the least likable people on the planet.

But quite apart from whatever our personal reactions may be,  the diagnosis raises some thorny legal and political questions, and the answers to those questions are unclear.

With a month to go until the election, Trump will quarantine for two weeks. He probably will not be able to attend the second debate–no loss there, considering the spectacle he made in the first–a consequence that will require the debate commission to decide whether to simply cancel the remaining two, or allow Biden to appear solo (unlikely).

We can already predict that Trump will attribute an election loss to his inability to hold rallies and otherwise campaign for the requisite two weeks.

Those consequences are predictable in the event that he suffers a relatively mild case of the virus. Far less predictable is what happens if this morbidly obese 74-year-old with an unhealthy diet who is known to ingest quantities of “uppers” becomes critically ill or even dies–and if so, when.

Pence has evidently tested negative thus far (“Mother” probably wouldn’t let him get too close to Hope Hicks, who presumably was the source). How sick would Trump have to get before Pence assumed the duties of the Presidency? If Trump were to become critically ill after the election but prior to January 21st, that would be one thing (and arguably not a bad thing–as vacuous and smarmy as Pence is, he’s less flat-out nuts than Trump).

The most chaotic and unpredictable set of events would be triggered by Trump’s death from COVID prior to Election Day. Would Pence automatically become the Republican nominee? Would Republican defectors be more comfortable returning to the fold if that were the case?

In a Presidency characterized by daily distractions, is this the mother of all diversions? Or does the diagnosis bring voters’ attention back to the President’s horrendous incompetence in containing the pandemic, and his obvious lack of concern for the over 200,000 Americans who have already died?

If Trump proves to have only a mild case, does he then use his own good fortune to further minimize the danger and dismiss expert advice?

I am not a praying person, and if I were, I doubt I’d find enough grace in my heart to pray for a psychopath who has done so much harm–a man with absolutely no redeeming human virtues.

I would, however, pray that his spitting and yelling during the “debate” didn’t infect Joe Biden. In fact–just in case I’m wrong and there is a personal God–I may go ahead and offer up that particular prayer. Call it covering my bases.

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Biden: “The Guy Who Will End The Nightmare”

In the interests of full disclosure, I did not watch Tuesday’s debate between Biden and Trump–a decision grounded in my effort to protect what remains of my mental health. I simply cannot bear the sound of Trump’s voice.

I did, of course, read the reviews and descriptions of what sounded more like a food fight than anything else. If there was unanimity on anything, it was that the event was embarrassing and unedifying–at best–and a shit-show at worst.

Among the most thoughtful coverage I read was a “morning after” rumination by Josh Marshall, editor of Talking Points Memo. Marshall had previously described Biden’s campaign “theme” as one of relief and reassurance–he dubbed Biden “The guy who will end the nightmare,” and for those of us who have definitely experienced this presidency as a nightmare, and worried that we might not wake up, that’s a winner. But it was an observation–a comparison, really– in his “morning after” column that really resonated with me.

Beyond all the individual offenses, one of the underrated sub-themes of anti-Trumpism is exhaustion. One of the deepest traumas of living in the home of an abuser stems not from the outbursts of physical violence, verbal abuse or manipulation but the accumulated stress of ambient tension, uncertainty, the reflexive, unshakeable hyper-vigilance. It is exhausting in a profound way. Trump is exhausting – I suspect even for some who share his dark values. This was 90 minutes jam-packed with everything that makes Trump exhausting. Living with an abuser means being trapped in close quarters with the abuse, being unable to run. In a month voters get the chance to walk away.

This analogy hits home, because it is so perceptive, so “on the mark.”

Americans who follow government and politics have been exhausted by the daily offenses, the violence routinely being done to the Constitution, the rule of law, rational policymaking and elementary decency. We have lived with anxiety, fear and mounting anger for four long years. The assaults have been unremitting, and yes, we are tired. Spent. Exhausted. 

But we aren’t too exhausted to vote, and that’s why I’m cautiously optimistic that we are nearing the end of the nightmare.

Election Day may be messy, or in the best case scenario, repudiation of our abuser may be sufficiently overwhelming to nullify his efforts to disqualify the will of the voters. I can’t believe there are enough racists and know-nothings in America to keep him and his GOP enablers in office.

As Marshall noted about Trump’s display of ignorance and vitriol at the debate,

This is who Trump is. It is especially who he is under threat. His campaign is about nudging undecided voters into fears about general social disorder and frighteningly assertive black and brown people. He ended up embracing white nationalist militias and saying they were necessary to crush the left in the streets. He yelled what is supposed to be implicit.

The most important thing remains that Trump had to shift things in his favor and he failed. Since he’s already losing that’s a big loss. I suspect it was even worse for him. Maybe a turning point.

Joe Biden doesn’t excite voters the way Barack Obama did. He’s no orator, and he doesn’t pander to a rabid base, a la Trump. He is–as the leftist purists sneer–an old white guy. Part of “the system.”

He is also a thoroughly decent, competent and honorable public servant. He won’t abuse the office and he won’t abuse us.

He is a sane adult. That alone makes him immensely superior to Trump.

Once we’ve rested, once the nightmare is over, we can start the process of repairing the systems that enabled– facilitated !– the election of the most unfit person ever to hold the office. More on those systems and what it will take to fix them in coming days….

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