The New Rule(s) Of Law.

When SCOTUS pronounced George W. Bush president by ruling the Florida recount could not proceed, my faith in the court (and that of many other Americans) was shaken.

I was further horrified by the theft of a seat on the bench by Sen. McConnell’s refusal to hold a consent hearing on Merrick Garland’s nomination eleven months before the 2016 election. Of course, that hypocrisy was laid bare when McConnell rushed to confirm Amy Coney-Barrett mere weeks before the 2020 election. And I became further disillusioned with the court when the blatant corruption of Justices Thomas and Alito was revealed.

Given all this, it is not entirely surprising that the so-called originalists on the once “Supreme” Court have obviously attempted to return the nation to an earlier time when minorities and women were treated as second class citizens. How else can one explain the court’s decisions to gut the Voting Rights Act and to overturn Roe v. Wade?

What’s next?  A return to witch trials and the legalization of slavery?

Yet, as bad as those rulings are, their impact may be surpassed by the court’s decision to stack the legal deck in the federal cases against the treacherous former president. By agreeing to further delay Trump’s criminal trials in order to rule on his preposterous claim of immunity for inciting an insurrection, it appears that court’s Republican majority is trying to influence the outcome of the upcoming presidential election and offering Trump the possibility of pardoning himself for his crimes.

Moreover, the court has made it painfully obvious that there are multiple levels of justice in the United States: One standard of justice for the poor who cannot afford quality representation. A second standard of justice for citizens of modest means. A third for the wealthy and the powerful. A fourth for those who share ideologies with the court’s conservative majority. And a fifth for Donald J. Trump.

Indeed, the court and our system of justice have been so gravely diminished in the public’s view – the rule of law so corroded by recent decisions – that the very foundation of our nation may crumble.

An Open Letter To The Once Supreme Court Of The United States

I know that I speak for many Americans when I say that I no longer respect the court that I once believed supreme in regard to the wisdom of its legal rulings and interpretation of the Constitution.

In recent years, the conservative majority has ruled that money equals free speech, that corporations have the rights of people (giving executives and boards of directors both individual and corporate rights), that free speech does not include the right to boycott, that the separation of church and state does not extend to taxpayer funding of religious schools and, as the leaked document indicates, that a woman no longer has the right to privacy concerning her medical treatment and conversations with a physician.

The court’s most recent ruling seems to be based on an originalist reading of the 2nd Amendment, noting that its wording gives citizens the right to “keep and bear arms.” But what about the rest of the Amendment’s wording: “A well-regulated Militia, being necessary to the security of a free State”?

If the majority so strongly believes in the Framers’ original intent, why not rule that all males of a certain age must provide their own arms and order them to muster at designated times for training as my colonial ancestors were required to do?

I can only assume that it is because that reading does not fit the political ideology of the conservative majority.

Therein lies the problem. Many of us can no longer hold the court supreme because it has become utterly and hopelessly political. Unlike every other court in the land, this once supreme court has no code of ethics. A number of the justices have taken speaking engagements with highly partisan groups. Some have refused to recuse themselves from decisions in which they have a conflict of interest. And the wife of one justice has deeply engaged in a seditious attempt to overturn the results of an election.

In virtually every nation that has become a failed democracy, it has done so with the complicity of its judicial system. I now fear, with this court’s aid, that will be the future of the United States.

The Frightening Descent Of The Court We Once Held Supreme.

Many of us grew up with great respect for the highest court in the land. We did not always agree with its rulings. But we always respected them because we knew they were considered judgments based on the law.

The current version of the Court is different. Very different.

Contrary to the protestations of Alito, Roberts, and Thomas, the Court has been made highly partisan. Certainly, there have been periods of partisanship in the past. But none quite like this. It began when Republicans were enraged that Robert Bork was not confirmed by a Democrat-led Senate due to his role in firing the Special Prosecutor assigned to the Watergate investigation. Never mind that the Senate’s refusal to confirm Bork was justified, Republicans threw an absolute hissy fit that continues to this day.

Republicans became further incensed when Democrats contested the nomination of Clarence Thomas based on Anita Hill’s credible allegations of sexual impropriety. The fact that the ethically challenged Thomas was married to and influenced by a far-right extremist and activist was lost in the controversy. And we’ve been paying for that oversight ever since.

As it became clear that the Court’s rulings dramatically lurched to the right, Thomas, Scalia, and Alito all portrayed themselves as “originalists.” They seem to view the Constitution as a static document that should be viewed from the perspective of 1788 when it was ratified by the original 13 states.

Yet these “justices” always seem willing to reinterpret the Constitution to benefit Republicans.

In recent years, Republicans have accelerated the Court’s descent into blatant partisanship. The GOP-controlled Senate blocked hearings on Garland’s nomination to replace Scalia for purely partisan reasons claiming that, since it was eleven months before a presidential election, the decision to fill the Court’s vacancy should be left to the next president. Then, when Trump won, the GOP began searching for judicial nominees who would be willing to bend the rule of law to benefit the Party and to overturn Roe v Wade. They rammed through three Supreme Court nominees, the last just weeks before the 2020 presidential election.

Such choices were a payback to evangelicals – people who can’t tell a zygote from an embryo from a fetus – for supporting the GOP’s ever-present culture wars against school integration, against interracial marriage, against contraception, against gay rights, against gay marriage, against sex education, against racial equity and, of course, against abortion.

Despite angrily denying their obvious partisanship, conservatives on the Court have made their partisan views public as featured speakers at numerous Republican and conservative “Christian” gatherings. And the leaked opinion by the Court’s five conservatives as expressed by Alito is the most obvious display of partisanship yet. They have gone out of their way to impose the beliefs of evangelicals and the GOP on all American women. Further, Alito’s draft opinion sets the stage for taking away other rights, including all of those at the heart of the GOP culture wars.

His opinion, if adopted as is, would enable his cult (aka the Republican Party) to transform the nation in ways unlike any previously experienced in American history.

For example, prior to Roe v Wade, women were seldom prosecuted for having an abortion. Those women who could afford it, would ask their doctors for a procedure called a D&C to terminate their pregnancies. Those who couldn’t afford such niceties would either seek a dangerous abortion in some back alley or take things into their own hands by employing coat hangers or acid. Or they might simply throw themselves down a flight of stairs. Apparently, that was seen as punishment enough by the Puritan crowd, since only the abortionists themselves were charged with crimes.

But, in this era of theological and ideological vengeance, it seems that no punishment for women is draconian enough. According to the current GOP anti-abortion bills, women will be arrested and jailed for terminating a pregnancy. So, too, will anyone who advised or enabled them. And every woman who has a miscarriage will be under suspicion.

What’s next on the GOP agenda? Burning women at the stake?

Why You Should Take Tyrants At Their Word.

In the 1970s and 80s, after looking at the nation’s changing demographics, Republicans embraced southern racists still angry at having lost the Civil War and furious with forced integration of schools. Around the same time, they also crafted a deal with far-right evangelicals – people like Jerry Falwell, Jimmy Swaggart, Kenneth Copeland, Jim Baker, John Hagee, and Pat Richardson. The deal was that this so-called “Moral Majority” would deliver votes in exchange for the GOP embracing their cruel and hateful ideas, including a ban on abortion.

This unholy alliance resulted in the daily picketing of clinics, harassment of women seeking abortions, distribution of home addresses and license plates of clinic personnel, the bombing of clinics, and the murder of abortion providers.

Through it all, the GOP platform and most GOP candidates called for an end to abortion. They began stacking the courts with anti-abortion judges and they prayed for the deaths of liberal and moderate Supreme Court justices. They passed draconian laws in GOP-led states like Texass that would imprison women for having an abortion, even if they traveled to another state where abortion is legal or if they ordered abortion pills online.

Most of the GOP’s current or pending laws make no exception for victims of rape and incest. They have made it clear that they will not help feed the children of forced births. They will not provide them with healthcare. They will not even agree to pay for improvements to our already over-stretched and disastrous foster care system.

In reality, the GOP is pro-birth. Not pro-life.

And given the fact that a significant majority of Americans, including Republicans, favor reproductive freedom, this is truly tyranny by a minority. Yet many of you, much like the cancer stricken notorious RBG who refused to resign when a Democratic president could appoint her successor, failed to act. You simply assumed they couldn’t take away a woman’s reproductive freedom.

It took them 50 years but, through a combination of legislative tricks to steal a SCOTUS seat and to hypocritically fill another one, they have apparently succeeded. You didn’t need a crystal ball to see it coming. They told you what they would do if they gained control of the Court.

And if you take these same people at their word, they won’t stop there.

They have openly talked about banning contraception, gay marriage, inter-racial marriage, LBGTQ rights, and affirmative action. They have tried to take away public school funding, Social Security, and Medicare. Even the freedom to practice religions other than Christianity, the right to assemble, freedom of speech, freedom of the press, and the rights of certain minorities to vote are on the line.

It doesn’t matter that most Americans disagree with Republicans and evangelicals on these issues. They have a plan to seize permanent control of our government. They may have failed on January 6, 2021, but, if you listen to them, they haven’t given up. The only way to stop them is to vote while you still can – in the midterms and beyond. To end this pending nightmare and the collapse of our democracy, they must be convincingly and overwhelmingly repudiated.

The Hoax That Won’t Go Away.

Following the release of videos showing Planned Parenthood employees discussing fetal tissue donations, rightwing politicians continue to call for defunding Planned Parenthood. Even though the videos have been discredited as fraudulently-edited and obtained under false pretenses, and even though defunding the organization would deny healthcare to thousands of women, the ginned-up controversy won’t go away.

Why? The controversy is being fueled by rightwing media, including Fox News Channel. They apparently see abortion as a wedge issue for the 2016 elections – particularly since they are likely to face the nation’s first serious female presidential candidate.

We’ve seen this drama play out before. A surreptitious and unscrupulous right wing group lies to gain access to an organization. Then it edits the videos to portray that organization in a false manner. The Republicans in Congress become outraged – outraged I say – and demand that the organization be stripped of all federal funds. Then, sometime later, it is proven that the videos were fraudulent, but it doesn’t matter, because the damage has been done.

It happened to ACORN. It happened to Shirley Sherrod of the Department of Agriculture. And it happened to the NAACP.

Now it’s Planned Parenthood that’s in the Republican crosshairs despite the fact that, according to a 2013 Gallup Poll, 53 percent of Americans support legal abortions, while only 29 percent oppose the Roe v. Wade Supreme Court decision. But the will of the people seldom matters to the Republican ideologues. Neither do the rights of women and minorities.

In reality, Planned Parenthood operates more than 700 healthcare clinics nationwide. Abortion represents only 3 percent of the organization’s activities. It does not sell fetal tissue. But, in some states, it does permit women to donate fetal tissue in order to help them make the best of a bad situation. The majority of Planned Parenthood’s work consists of family planning, STD prevention and treatment, and primary medical care. Its clinics are an important part of the nation’s healthcare system. Without them, many families would have to travel long distances for care or be denied care altogether.

Nevertheless, in their continuing attempts to divide the nation in order to gain votes while depressing votes for their opponents, Republicans are willing to put all of that at risk. That’s why they continue to incite the uninformed and the misinformed with continuing attacks. It’s a hateful and cynical strategy.

Let’s make sure it’s also a failed strategy.