Category Archives: Supreme Court

Proof That Racism Is As Rampant And Repugnant As Ever.

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In writing the majority decision that struck down key portions of the Voting Rights Act, Chief Justice Roberts stated, “While any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions.” That’s the same uniformed and misguided mindset that the Court has used to strike out against affirmative action, to endorse religious discrimination, and to rule that corporations have the same rights as individuals.

To educate himself, Justice Roberts need only read the recent article by Braden Goyette and Alissa Scheller published by Huffington Post. It’s so concise, so clear that even Roberts and his conservative co-conspirators should be able to understand it. In the article, the authors present 15 charts that clearly demonstrate that the US is far from a post-racial society. In fact, racial discrimination may be more prevalent, if less obvious and less violent, than it was on the day LBJ signed the Civil Rights Act.

To wit, Blacks held just 2.7 percent of the nation’s wealth in 2010 while comprising 13 percent of the population. The racial wealth gap has ballooned from $85,070 in 1984 to $236,500 in 2009. Blacks are three times more likely to be arrested for drug possession than whites, despite the fact that white Americans use drugs more than blacks. Black men receive prison sentences that are 19.5 percent longer than those of white men who commit similar crimes. Blacks seeking jobs are more likely to be turned away based on the sound of their names and the belief that they use drugs.

The discrimination even extends to pre-school where black students are punished more frequently and more harshly for their behavior.

Of course, if you ask people if they are racist, most will vehmently deny that they hold racist views. In fact, they just use different names for their racism. Today’s racists are more passive-aggressive than in the past. They claim not to discriminate against skin color. It’s just that they dislike those who have “values,” religions and cultural traits that are different than their own. They assume that the problems faced by people of color are of their own making; that they just don’t work hard enough (if they work at all), study hard enough or pray hard enough (at least not to the right god or in the right church).

They dwell on anecdotal evidence of the tiny percentage of people of color who abuse welfare, food stamps and other safety net programs while ignoring the vast majority who work long hours and multiple jobs. At the same time, they ignore the disability fraud, welfare fraud and Medicare fraud committed by white people. They call for harsher sentences for drug crimes and petty crimes while applauding the white collar criminals who take advantage of the lax oversight of our regulatory commissions and loopholes in our tax codes. They fume about the dark-skinned illegal immigrants who walk hundreds of miles across deserts in search of a better life while dismissing the 40 percent of largely white illegal immigrants who simply drive or fly across our borders and overstay their visas.

Despite all of this, America is changing. It is becoming more racially and ethnically diverse. And here’s the really bad news for racists. Our electorate is changing. In a few decades, voters of color will outnumber white voters. If whites don’t change their racist views and embrace diversity (I’m looking at you, Teapublicans), payback could be a bitch.

Advice From A War Criminal.

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From The Department Of Who The Hell Cares, Richard “The Dick” Cheney and his unpleasant daughter, Liz (I assume that’s short for Lizard) recently announced that they have formed a Political Action Committee to “restore America.” Restore America to what? To a craven bully that interferes with other governments; that robs resources from third world countries while giving nothing in return; that encourages large agribusiness to dump excess products in other nations thus bankrupting small farmers and throwing them into abject poverty?

Or does The Dick merely want to start another war in order to direct more taxpayer billions to his former company and political allies at Halliburton? Does The Dick want to resume his position as Torturer-In-Chief to cause others to fear him? Does he still believe that we can use our military might and status as the world’s only superpower to force the rest of the world to kneel at his feet and pay tribute to our multinational corporations? Does he still want to extract money and resources from the poor to feed the insatiable appetites of his wealthy friends?

Yes, as part of the Ford, George H.W. Bush and George W. Bush administrations,The Dick has done all of that and more.

In an op-ed, The Dick and his disagreeable daughter wrote, “Rarely has a US president been so wrong about so much at the expense of so many,” to which White House Press Secretary Jay Carney rightfully replied, “Which president is he talking about?” The only president that meets that description is the one who lived in the White House while The Dick was running our nation to ruin.

Let’s review: First, Cheney and Bush stole the 2000 election through a combination of Jeb Bush denying voting rights to tens of thousands in Democratic-dominated Florida counties, by counting nearly 10,000 unsigned absentee ballots, by bullying election officials, and by appealing to a Republican-laden Supreme Court. Cheney and Bush ignored more than 40 warnings of a pending terrorist attack in the US by al-Qaeda. They then invaded an oil-rich country under false pretenses, ordering numerous atrocities. They stole our privacy. They awarded so many billions in no-bid contracts to Halliburton for rebuilding Iraq that they “misplaced” roughly $80 billion. They ignored outright gambling by our largest financial institutions costing ordinary Americans their homes and trillions of dollars. They then bailed out those same financial institutions in order that they might continue their ritual of handing out six and seven-figure bonuses. Finally, Cheney and Bush were convicted as war criminals in abstentia by an international court.

Now that is a failed presidency!

Did I mention that the Cheney/Bush fiasco included leaving the Middle East in complete turmoil giving Sunni and Shiite Muslims the opportunity to resume their near 1,400-year war over who is the rightful successor to Muhammad? Now The Dick and his spawn want the US to send troops to Iraq to intercede. They’re not worried about the lives of our soldiers, the lives of Iraqis, our national debt or our national reputation. They’re only worried about oil.

Here’s an idea. If The Dick feels so strongly about immersing our nation in another war or occupation, let him crank up his mechanical heart and enter the fray with his shotgun and his oily buddies. Give them military training and draft their children for the fight. After all, The Dick has already proven that he is dangerous to his friends with a shotgun in his hands. Imagine what he can do against his enemies. Anyway, he and his fellow executives of Big Oil are the only ones who stand to profit from another misadventure in Iraq.

Our Ongoing National Shame.

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Teapublicans are fond of saying that racism is no longer an issue. Conservatives on the US Supreme Court have echoed that sentiment in decisions that weakened and overturned affirmative action. Indeed, many conservatives cite affirmative action as a form of reverse racism. And whenever a politician or African-American speaks out against discrimination, conservatives are quick to label them as racists.

Some conservatives, especially those in the media, are simply unabashed racists that will never listen to reason. Unfortunately, even the more thoughtful and open-minded conservatives have fallen into the trap of assuming that racism was ended by Martin Luther King, Jr. What they fail to comprehend is that the US is only 3 to 5 generations removed from emancipation and that slavery has left a lasting legacy.

Following the Civil War, the largely uneducated population of African-American slaves (for most slaves, education was forbidden) was freed to fend for themselves. Many of those given 40 acres and a mule had their property stolen by whites. Many were still abused. Most found low-skilled, low-paying jobs and were herded into ghettos with little opportunity for advancement. Their children were sent to substandard schools. Even those who struggled to excel in school were discriminated against and given few job opportunities. In many states, African-Americans were not even allowed to vote until a generation ago. As a result, most laws have been used to bludgeon African-Americans. Police forces have used drug laws to disproportionately incarcerate African-Americans even though African-Americans use drugs at roughly the same rate as whites. Virtually every African-American has been stopped for driving or walking while black. And we’ve all seen the TV “reality” crime shows that focus almost exclusively on minorities. (A producer for one of the shows admitted that no one wanted to watch a show that focused on police busting young, white men for the same crimes.)

In the 1960’s many white families abandoned our cities for the suburbs to enroll their children in white-dominated schools and leaving African-Americans with the burden of paying for the infrastructure of the central cities, for police and fire protection, for luxurious sports venues, and for the freeways used almost exclusively by suburbanites. Cities redistricted their schools along racial and economic lines. So today, on the 60th anniversary of the US Supreme Court ruling Brown v. Board of Education which ordered the desegregation of schools, many of our schools are more segregated than they were at the time of the ruling.

Moreover, a Center for American Progress study found that, nationally, we spend $334 less for the education of each black student than for each white student! We may be unwilling to pay for the education of African-Americans. But we sure don’t mind spending millions more to send them to prison. According to The New Jim Crow by Michelle Alexander, there are now as many African-Americans in some stage of our “justice” system as there were African-American slaves at the beginning of the Civil War!

Yet the GOP somehow believes that the playing field has been leveled…that the problems faced by many African-Americans are simply the result of laziness, broken families and a culture of welfare dependency. Some, like Cliven Bundy, even suggest that “the Negro” would be better off as slaves.

Here’s an idea: Why don’t the Teapublicans who believe this nonsense trade places with those they so demean? Let’s see how Rep. Paul Ryan would fare in a ghetto with few prospects for anything beyond a minimum wage job. Let’s see how he fares in landing a job in a suburb with no car and no public transportation to get to that job. Let’s see how Justice Roberts’ children would fare in a school with significantly fewer resources than their peers. Let’s see how white Teapublican suburbanites like standing in line for hours to vote. Let’s see how Cliven Bundy would fare at picking cotton.

Shoddy…er…Hobby Lobby.

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As you may know, the Supreme Court of the United States recently heard Sebelius v. Hobby Lobby Inc., a case brought against the Department of Health and Human Services by a few Christian zealots led by the founders of Hobby Lobby and Conestoga Wood. In their lawsuit, they are challenging the Affordable Care Act’s requirement that for-profit corporations must include contraceptives as part of their employee health plans. They based their argument on their religious objection to paying for many types of contraceptives that they believe, despite scientific evidence to the contrary, are forms of abortion.

Apparently, Hobby Lobby has no such concerns about breaking one of the Ten Commandments…”You shall not bear false witness against your neighbor.”

You see, in an astonishing example of hypocrisy, Hobby Lobby has long invested in companies that make the very contraceptives to which they claim to object. According to an article by Mother Jones, “Documents filed with the Department of Labor and dated December 2012—three months after the company’s owners filed their lawsuit—show that the Hobby Lobby 401(k) employee retirement plan held more than $73 million in mutual funds with investments in companies that produce emergency contraceptive pills, intrauterine devices, and drugs commonly used in abortions. Hobby Lobby makes large matching contributions to this company-sponsored 401(k).”

In fact, it appears that the court case was not even started by Hobby Lobby. It seems The Beckett Fund for Religious Liberty, a right wing Washington, DC stink tank, dreamed up the lawsuit then went in search of a plaintiff. Hobby Lobby and Conestoga Wood are merely willing participants.

In other words, Hobby Lobby shouldn’t be able to object to paying for contraceptives on religious or any other grounds. It’s difficult to argue a case on principle if you apparently have none.

Supreme Injustice.

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The Supreme Court decision in McCutcheon et al v Federal Election Commission is the next step in our march from democracy to plutocracy allowing the rich to dominate our political system even more than they already have. In a series of 5-4 decisions with “conservatives” in the majority, the Court has ruled that money equals free speech; that corporations are people (at least with regard to political contributions); and that there can be no limits on the amount of money the ruling class can spend on elections.

For many years, wealthy individuals and large corporations have enjoyed greater influence and access to elected representatives than ordinary citizens. With this ruling, the wealthy will be able to literally buy them. The Koch Brothers and Sheldon Adelman are already spending billions through a complex network of Political Action Committees and Super PACs in order to sway our elections. Now they and other billionaires will be unleashed to spend monumental sums to elect candidates that will allow them to control Congress.

It’s fitting that this Supreme Court ruling comes on the heels of the death of Charles Keating, Jr. A financier and developer who was a friend of Ronald Reagan, Keating was indicted in the savings and loan scandal that cost the federal government billions. Prior to the failure of his Lincoln Savings and Loan Association, he contributed $1.3 million to the election campaigns of five US Senators in order to buy their influence to help fend off federal regulators. After Lincoln eventually failed, Keating was charged and convicted of 73 counts of fraud, racketeering and conspiracy. Although his conviction was later overturned, he eventually admitted to four counts of wire and bankruptcy fraud.

Given this latest Supreme Court ruling, there are likely to be many more Charles Keatings – those who will use their money to control tax laws; to fend off federal regulators; to eliminate regulations altogether; to scam the government and ordinary people; and to buy their way out of any legal challenges.

It has often been said that elections have consequences. It’s true. I think it’s no exaggeration to say that our democracy is now suffering the consequences of a Supreme Court majority hell-bent on unraveling our Constitution and placing us at the mercy of a government run by a privileged few…a majority given lifetime appointments by Republican presidents.

All Men Are Created Equal?

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That’s what our Declaration of Independence stated. But it wasn’t true. In fact, African-Americans were considered three-fifths of a person and held in slavery for nearly a hundred years longer. Native Americans were slaughtered and herded onto reservations in order to steal their land. Chinese-Americans were virtually enslaved to build our railroads. And women were denied the right to vote for nearly 150 years.

Even today equality still does not exist.

People of color are many times more likely to live in poverty and to be imprisoned. Gay and lesbians are only now beginning to win equal rights to marry those they love. Women are paid less for doing the same work as men. And, according to some, the plight of the wealthy is even worse. They claim to be victims of their own success and good fortune – that they are victims of class warfare. Some have even likened their plight to the Jews prior to the Holocaust.

Hmmm….

The wealthiest one percent of our population owns an overwhelming percentage of the wealth in the US yet, thanks to loopholes, they pay a smaller percentage of their income in taxes. They invest large portions of their wealth in offshore tax havens. They use their wealth to buy influence and access to government. They are even treated differently by our courts. The Supreme Court ruled that money equals free speech, so they can speak more loudly than anyone else. (In fact, the Koch brothers are now using their money to drown out the voices of ordinary citizens.) And if they break the law, they are seldom punished.

You may remember the case of the Texas teen found to be suffering from “Affluenza.” Despite the fact that he killed four people as the result of drunk driving, he was “sentenced” to an exclusive, and expensive, rehab facility.

Now there is the case of a duPont heir who was given probation for raping his three-year-old daughter because the judge decided that he “wouldn’t do well in prison.” Wouldn’t do well? Who does? When have you ever heard of a case in which a court was concerned that a poor person might not do well in prison? Some celebrate Sheriff Joe’s “Tent City” which imprisons ordinary citizens in tents without heat or air conditioning; with no toilets or running water; with punishments of bread and water; with two vegetarian meals a day (Sheriff Joe recently decided that even his notorious green baloney sandwiches are too expensive and cutting into the profit margins of his wife’s food service business). Has any court ever voiced concern that a convicted felon might not do well there? No…more like HELL NO!

Prisoners in Tent City have died from the heat without repercussions to Sheriff Joe or the facility. Yet no court has worried that other prisoners in the facility “wouldn’t do well.” Such concern is only voiced for the very wealthy on the rare occasions their highly-paid attorneys fail to get them acquitted.

All men created equal? It was a nice sentiment by Jefferson and the Founding Fathers. But it’s still only a dream.

Do Religious Beliefs Trump Scientific Facts And The Common Good?

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Can a for-profit corporation have religious beliefs? If so, who defines the corporation’s beliefs? Is it the CEO? The Board of Directors? The shareholders? Do the corporation’s religious beliefs out-weigh those of its employees? If so, are there any limits on those beliefs? May the corporation cite those beliefs in denying service to customers? What constitutes a religion? What constitutes a sincerely held religious belief?

These are just a few of the questions at stake in the case now being considered by the Supreme Court of the United States.

As you most certainly know, Hobby Lobby and Conestoga Wood have filed suit claiming that their religious beliefs should exempt them from complying with the Affordable Care Act’s mandate that employer-provided insurance policies provide access to contraceptives. Both corporations claim that, despite scientific evidence to the contrary, IUDs, Plan B and several other types of female contraceptives are not mere preventatives. They consider them forms of abortion, which is forbidden by their religions.

The purpose of government – any government – is to solve conflicts of individual rights. When these rights are in conflict, it is left to the government and its courts to decide where one’s rights stop and another’s begin. For example, I enjoy the peace and quiet of the forest. You enjoy driving your loud ATV in the forest. We both have a right to our happiness, so whose rights prevail? It is precisely because of such conflicts that we have laws and regulations.

But, what if, instead of conflicting rights, we have conflicting beliefs? For example, I believe that science can prove our world and all its creatures are the products of evolution taking place over millions of years. Others believe that God created the world in six days. We can each hold to our beliefs without causing harm to the other. To paraphrase Thomas Jefferson, in this case, your beliefs neither break my arm nor pick my pocket.

But in the Hobby Lobby case, the female employees can legitimately claim damages if the corporation refuses to include contraceptives as part of the health insurance plan. The women’s health needs will be treated differently than other employees’. They will have to pay out of pocket to purchase contraceptives, even if those pharmaceuticals are needed for medical purposes, not pregnancy prevention. Does the application of the drug and the need factor into the religious beliefs of the corporation? If so, does the corporation get to decide when it will and won’t pay for the pharmaceuticals? Can the corporation demand a review of its employees’ medical records?

And what if a corporation founded by Christian Scientists decides that none of its employees should have health care at all…that they should simply pray, instead? What if that corporation considers the resulting tax is an infringement on its beliefs? What if a corporation cites religious beliefs in order to deny employment or service to women, gays, Jews, African-Americans, Latinos, tall people, short people, or fat people? What if a hospital or clinic decides to subject patients to a religious test before acting to save their lives? It has taken centuries for our nation to extend the rights guaranteed by our Founders in the Constitution to all of our citizens, and there are still many inequities.

If the Court allows people and corporations to treat others differently based on mere beliefs, the disparities and conflicts will never end.

The Costs Of Deregulation.

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For nearly 40 years, those politicians who represent big business have been pushing an agenda of deregulation. They want to “get the government out of the way of business.” And they have been amazingly successful.

Since the push for deregulation began, we have deregulated airlines resulting in lost service, rising airfares for many, the demise of regional airlines and the mergers of the few remaining large airlines. We have deregulated commodities resulting in the run-up of costs for everything from electricity and precious metals to oil and grains. We have deregulated banking resulting in predatory loans by banks that are considered too big to fail.

Even for those industries that have not yet been deregulated, we have seen a series of coal ash spills, chemical spills, oil spills, manure spills, fertilizer explosions and mining disasters. We have seen Medicaid and Medicare fraud, abuse in private prisons, tax fraud, commodities fraud, and, of course, the worst economic disaster since 1929…the collapse of our banking system.

Our corporations have imported flammable clothing made in sweatshops overseas. They have imported toys colored with lead paints that are poisonous to children. We have seen the poisoning of our food system by corporations that cruelly confine animals in small cages then pump them full of antibiotics to offset the inevitable danger of diseases. We have seen thousands of consumers poisoned with carelessly handled meats, fish, fruits and vegetables. We have even seen our pets poisoned with pet foods containing uninspected ingredients from overseas.

Despite a growing trend of corporate negligence, fraud and abuse, we hear the constant drumbeat of Teapublicans screaming “over-regulation!” They claim that government oversight and litigation is costing American jobs. They want to give corporations access to the world’s most environmentally sensitive areas in order to extract oil and minerals while leaving behind a toxic wasteland of poisons and destruction. They want to allow oil companies to drill in the Arctic Ocean and along our entire coasts. They want to permit a foreign-owned mining company to extract uranium from the Grand Canyon. They want to permit a foreign-owned oil company to transport the world’s most toxic oil across the length of our nation. They want…they just want.

Even as this is being written, the corporate tools otherwise known as the Republican Party have a case before the United States Supreme Court that would emasculate the Environmental Protection Agency…an agency that is underfunded and overburdened by the callous actions of greedy corporations. If the Republican Party and its Tea Party Parasites have their way, they will not only render the EPA mute. They will further weaken the USDA by allowing meatpackers as well as fruit and vegetable packers to self-inspect their produce. They are already in the process of passing laws forbidding unauthorized recordings of the mistreatment of animals and the mishandling of produce.

There is nothing inherently evil about corporations. Many are socially-aware and contribute a great deal to our society besides jobs. But far too many are only concerned with their bottom lines and will trade long-term consequences for short-term profits. Further reducing or eliminating our watchdog agencies will benefit no one except corporate shareholders.

Does Freedom Of Religion Include Freedom To Discriminate?

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As you know, the First Amendment of our Constitution says “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof…” Unfortunately, there is a segment of our society that believes those words give them the right to infringe on others’ civil rights. Some of that segment are members of the Arizona legislature.

They’re called Republicans.

As proof, I direct you to SB 1062, a Teapublican-sponsored bill which if signed into law would allow businesses to refuse service to anyone based on the business owners’ religious beliefs. The bill is intended to target the LGBT community. But, as you will see, it impacts everyone. The bill reads: “Exercise of religion: means the practice or observance of religion, including the ability to act or refusal to act in a manner substantially motivated by a religious belief whether or not the exercise is compulsory or central to a larger system of religious belief.”

In other words, Teapublicans in the Arizona legislature believe that the exercise of religion includes the ability to deny civil rights to others.

We’ve seen this play out before. If SB 1062 is signed into law by our finger-wagging governor, it will be almost immediately challenged as unconsitutional. Like the ill-conceived racist law known as SB 1070, it will cost the state tens of millions in lost tourism and wasted legal fees. Indeed, Arizona is just now beginning to recover from that fiasco.

Worse, if the bill is somehow found constitutional by the constitutionally-illiterate majority of the US Supreme Court, it will open the door to more discrimination. We’ve already seen business owners file lawsuits to allow them to impose their religious beliefs on employees by refusing to pay for health insurance plans that include contraceptives for women while, at the same time, paying for men’s “boner” pills.

If business owners can arbitrarily refuse service to the LGBT community, what’s to prevent business owners from refusing service or employment to African-Americans, Asians, Latinos or Native Americans for supposed religious reasons? What if a business owner claims religious objections to refuse service to liberals, Democrats, Teapublicans, Jews, Protestants, Catholics, Mormons, military veterans, children, seniors, homeless, poor people, rich people, men or women?

As I’ve often said, there is no such thing as partial equality. The concept of equality is absolute. We either have equal rights or we don’t. Whatever god or gods one chooses to worship does not change that.

Given that this is an election year, and the fact that the same law is being proposed in other Teapublican-controlled states, I don’t think the bill’s sponsors seriously believe that SB 1062 will ever go into effect. As with all of the party’s previous “social issues,” I believe the real intent is to divide and distract; to rile the mouth-breathing Teapublican base into a religious fervor in order to ensure high voter turn-out. Meanwhile, it’s likely to serve as a distraction for Democrats and independents, causing them to spend precious time and resources on the issue instead of on candidates who can repeal such idiocy.

Similar strategies have worked many times in the past.

Unreasonable Trade-Offs.

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After seeing a headline by David Suzuki “Trading Water for Fuel is Fracking Crazy,” I started thinking about all of the trade-offs we’re being asked to make.  Yes, as Suzuki points out, we are being asked to trade the purity of fresh water in our aquifers that took hundreds and thousands of years to accumulate for the profits of gas and oil companies through the use of toxic chemicals for fracking.

And that’s only one of the trade-offs we’re being asked to make in order to benefit big business.

We’re being asked to trade the beauty of the Appalachians and the area’s pristine waters for the profits of the coal industry through the use of mountaintop removal mining. We’re asked to trade the natural taste and nutrition of fresh fruits and vegetables for the profits of Monsanto, Walmart and large agribusiness companies by allowing the increased use of herbicides, pesticides, fertilizers and GMO (Genetically Modified Organisms) seeds. We’re asked to trade the effectiveness of life-saving antibiotics by allowing large cattle feeders, hog growers and poultry growers to increase profits by adding antibiotics to animal feeds.

In order to increase profits for manufacturers, we’re asked to purchase products made overseas that could be made by workers in the US. So that large corporations can pay employees less than a liveable wage, we are asked to help their employees with food stamps, child care and other safety net programs. In order to increase the profits of corporations, we are asked to lower their income taxes and increase ours.  In order to help billionaires avoid paying income taxes, we are asked to give them a large array of tax breaks, including greatly reduced capital gains taxes.

And, in what is probably the most questionable trade-off of all, we are asked to ignore the very real long-term consequences of climate change for the short-term profits of the fossil fuel industry.

All of these trade-offs and their consequences are avoidable. We simply need the will to change the way we allow corporations to operate. We should demand that they pay for all of the costs of their actions. And that the cost of government subsidies, including the costs to our environment and our health, be included in corporate expenses.

In other words, if corporations truly are people as the US Supreme Court has ruled, we should hold them accountable for their actions.