Category: Religion in Politics

DeSantis Dickitude

The Daily Escape:

Cathedral Valley, Capitol Reef NP – September 2022 photo by Mary Warner

Pretty sure everyone saw the news about planes landing on Martha’s Vineyard full of Venezuelan immigrants. From the NYT:

“The migrant group, which included children, arrived on two planes around 3 p.m. without any warning, said State Senator Julian Cyr, a Massachusetts Democrat representing Cape Cod, Martha’s Vineyard, and Nantucket. Officials and volunteers from the island’s six towns “really moved heaven and earth to essentially set up the response that we would do in the event of a hurricane,”

Florida Gov. Ron DeSantis (R) took credit for sending the planes with migrants. This is frat-boy behavior from a dick Republican governor. Not to be outdone in showing his big dickitude, Texas governor Greg Abbott (R) sent two busloads of migrants to the home of VP Kamala Harris in Washington DC.

DeSantis isn’t the first to do this. The JFK Library twitter account reminds us that in 1962:

“To embarrass Northern liberals and humiliate Black people, southern White Citizens Councils started their so-called “Reverse Freedom Rides,” giving Black people one-way tickets to northern cities with false promises of jobs, housing, and better lives.”

Maybe DeSantis and Abbott should have read a few history books before deciding to ban books.

DeSantis knows that Florida is home to 60% of the Cubans living in the US. These immigrants fled to the US to escape poverty, violence, and a Communist dictatorship. Many didn’t follow immigration laws at the time. More still try to reach Florida every week. Is DeSantis saying that he doesn’t want Venezuelan migrants but sure, more Cuban migrants are ok?

MA State Rep. Dylan Fernandes, whose district includes Martha’s Vineyard, tweeted: (brackets by Wrongo)

“The Governor of one of the biggest states in the nation has been spending time hatching a secret plot to round up & ship people—children, families-lying to them about where [they’re] going just to gain cheap political points on Tucker [Carlson] and MAGA twitter….These immigrants were not met with chaos, they were met with compassion. We are a community & nation that is stronger because of immigrants.”

Another thing: Have these plane/bus operators committed crimes? Airlines usually file manifests about who is onboard and where they’re going. Why would they, most likely private/charter operators, agree to be part of a political stunt?

The companies that transported the migrants should be told that while Abbot or DeSantis can hire them, the transport companies also have legal obligations to their passengers. If the charter companies are MAGA and won’t comply, they could have their permission to operate revoked.

And one more thing: Why are people who may not qualify for asylum being sent to other parts of the US rather than being sent back to their country of origin? And by self-professed law-and-order type governors?

DeSantis says he’s a Christian, but he’s not clothing the naked or feeding the hungry. He’s doing the opposite: Driving them from his state, not because it’s required legally, but because he can use them to advance his political ambitions. He’s using vulnerable human beings for his personal advancement. That’s evil personified.

Are we now a country of political gotcha? Should Chicago and NYC send their gang bangers to Florida and Texas? What do any of these stunts solve? From Digby about DeSantis:

“…his despicably cruel, racist worldview has been embraced by conservative Christians [for] as long as I can remember. Certainly in the years after 9/11 it was on display everywhere you looked. Their view of Christianity is that Jesus loves white people like them, period. Everyone else can literally go to hell.”

There is nothing Christian or Conservative about what DeSantis did. The folks in Martha’s Vineyard, who welcomed the immigrants, were the ones who acted as Christians. DeSantis is surely aware of the passage in Matthew:

“Whatsoever you do to the least of my people, that you do unto me.”

The requirement of that passage is what a Christian church on Martha’s Vineyard did to help these migrants. All that DeSantis and his friends do is complain that they can’t have their preferred prayers said in public schools.

Christian nationalism as it is practiced today in the US is becoming the worst and most destructive heresies to afflict American Christians. More about this tomorrow.

This incident on Martha’s Vineyard is another reminder that a central conceit of Republican politics is that everyone is secretly as cruel as they are. And because of that, no one would be genuinely willing to help the people Republicans pack into planes and buses and ship off to liberal land.

They’re wrong.

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Sunday Cartoon Blogging – September 11, 2022

It’s 21 years since the attack on the World Trade Center and the Pentagon. As Michael de Adder says:

Twenty one years on, America is more at war with itself than with any foreign terrorists, despite having troops deployed in 80 countries. Our society and our democracy are threatened from within in a way that Osama bin Laden could never have managed. And where are we today? Cartoonist Mike Luckovich has a thought:

If ever so briefly after that fateful day. Today we face threats that might end our democracy:

  • We’ve nearly lost our social cohesion
  • We aren’t dealing with income inequality
  • We’re seeing racism grow
  • We see clear threats to the right to vote, or whether our votes will even count if we cast them

In these 21 years, Republicans have moved from being the Party of national security to the Party of grievance and anger. As Elliot Ackerman wrote last year in Foreign Affairs:

“From Caesar’s Rome to Napoleon’s France, history shows that when a republic couples a large standing military with dysfunctional domestic politics, democracy doesn’t last long. The US today meets both conditions.”

MAGA asks the wrong question:

When you have no policies, this is what you get:

Let’s close today with a song by Mary Chapin Carpenter that she wrote back on the first anniversary of 9/11. Carpenter was inspired by an interview with Jim Horch, an ironworker who was among the early responders at the WTC site. Here’s part of what Horch said:

“My responsibility at the site was to try to remove big pieces of steel. The building fell so hard there wasn’t even concrete. It was dust….I started to feel the presence of spirits…not very long after I was there. The energy that was there was absolutely incredible and…it was more than just the people that I was working with…it was energy left behind….One day when I was working, I felt this energy and it felt lost and it wanted to go home but it didn’t know how to go home and it came to me to go to Grand Central Station. When I got off the subway, I walked into the Great Room. Into where the constellation is in the ceiling. And I walked around the perimeter and…out of the building. I didn’t feel the energy anymore. I could feel it leave.”

And here’s Carpenter’s “Grand Central Station”:

 

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Run On Roe And Reform

The Daily Escape:

Perkins Cove, Ogunquit, ME – July 2022 photo by Adam Silverman Photography

From the Kansas City Star:

“The right to an abortion will remain in the Kansas Constitution. In the first ballot test of abortion rights in a post-Roe America, Kansas voters turned out in historic numbers to overwhelmingly reject a constitutional amendment that would have opened the door for state lawmakers to further restrict or ban abortions across the state.”

Kansas voters showed that the Supreme Court’s decision in Dobbs doesn’t sit well, even in one of the country’s most conservative states. Democrats should adjust their 2022 Midterms messaging and strategy accordingly, to make it clear that Roe and Reform are what they’re running on.

Across party lines, abortion rights remain popular while the Supreme Court’s ruling is not. The most recent CNN poll found that 63% of Americans disapproved (51% “strongly”) of the court’s decision.

The NYT reported about Kansas:

“From the bluest counties to the reddest ones, abortion rights performed better than Mr. Biden, and opposition to abortion performed worse than Mr. Trump,”

The NYT had several observations:

  • Abortion opponents under performed even in conservative areas. In Hamilton County, which voted 81% Trump in 2020, less than 56% chose the anti-abortion position. In Greeley County, which voted more than 85% for Trump, only about 60% chose the anti-abortion position.
  • Kansas’s swing areas swung left. Wyandotte County, (where Kansas City is located), voted 65% for Biden in 2020, but 74% for abortion rights. Neighboring Johnson County, the state’s most populous, voted 53% for Biden but more than 68% for abortion rights.
  • Turnout was high. Before the election, the Kansas secretary of state’s office predicted turnout of about 36%. But anecdotal evidence indicated turnout might hit 50%, an extraordinary increase over what was expected.

Here’s TPM’s Josh Marshall’s Twitter thread on what Kansas means to the Democrats’ Mid-term road map: (emphasis by Wrongo)

2/ When a result is this lopsided & this unexpected for most political observers it’s not only a political earthquake but a sign many political professionals have seriously mistaken the political terrain. When there’s a political backlash as strong as the one against Dobbs …

3/ and one party is as firmly tied to it as Republicans are here, clearly the opposing party needs to grab on to it with both hands. Abortion rights will be central to numerous races this fall. But Democrats need to make the connection as explicit and tangible as possible.

4/ The way to do that is to make a firm pledge that if Democrats hold the House and add two Senate seats they will make Roe into federal law in January 2023. They are at present kinda sorta suggesting something like that, maybe. But clarity is everything. Give us this …

5/ specific result and this is specifically what we will do. Kansans didn’t turn out in these lopsided numbers to make a statement about Dobbs or Roe. They did so because they knew that the outcome of this one vote would immediately and dramatically affect the right …

6/ to a safe and legal abortion in the state. Democrats need to approximate the same clarity at the federal level, both to undo Dobbs and also to secure their hold on Congress. The way to do that is to get all 48 (non-Sinema/Manchin) senators to make a firm pledge that …

7/ if the House is held and two Democratic senators added they will vote for a Roe law in January 2023 AND suspend the filibuster rules to guarantee that bill gets an old fashioned up or down majority vote. So far 31 Senate Democrats have said they’ll do that (though not …

8/ yet on the specific date). All but two of the 17 are basically there but still refuse to say it clearly. There are two potential hold outs. Angus King of Maine and Mark Warner of Virginia. They will all certainly fall in line quickly if constituents apply pressure now.

The Kansas vote shows that the anti-abortion Republicans have misjudged how deeply this issue resonates for voters. When a Constitutional right simply disappears, apparently, the voters will turn out.

The polls have consistently shown that the majority of this country is pro-choice. The rejection of the Kansas amendment shows that if the election were to be a referendum on pro-choice, Democrats will win.

The Republicans should be afraid that they have gone too far. Let’s hope this is a bellwether for the midterms.

(Hat tip to long-time blog reader and Kansas resident Monty B. for keeping Wrongo apprised of the Kansas fight to turn back this amendment).

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Sunday Cartoon Blogging – July 17, 2022

Joe Manchin has done it to the Dems again. After laying out his conditions for supporting a scaled-down version of Build Back Better, he decided at the last minute that he couldn’t support his own conditions.

For nearly two years, the Dems have tried to create a package that Manchin could support, including funding for renewable energy and electric vehicles. Manchin has now indicated he can’t go that far, which jeopardizes Democrats’ chances in the Midterms.

Manchin blamed inflation (now at a 40-year high). Backing a $300bn bill that offers tax credits and funding to clean energy would, he argues, push pocketbook costs higher for Americans, although economists have disputed this. From the Guardian:

“A less charitable view of Manchin is that he is dangerously conflicted due to his own investments in fossil fuels… and that his judgement has been warped by the largesse of the industry, which has donated more money to him than any other senator.”

Congress hasn’t been able to pass anything to reduce climate change, despite public opinion being clearly in favor of doing just that. We expect Congress to pass laws that reflect the public’s opinion. But finding 60 Senate votes for anything vaguely controversial isn’t likely to happen in America today. The result is a set of federal laws that do not reflect what Americans actually want. On to cartoons.

Biden’s Saudi visit went well:

The fake (not fake) very real dilemma of the pregnant 10 year-old:

Back to school clothes for 4th grade:

Pence was nearly kidnapped by his Secret Service detail. The fly knew:

Is the Dem’s 2024 flavor appealing or appalling?

Images from the Webb telescope enter popular culture:

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Right-Wing Lobbying Group Designated a Church by IRS

The Daily Escape:

Sunrise, high tide, Sea Street beach, East Dennis, MA – July 2022 photo by Bob Amaral Photography

The fallout from the Trump years continues. On Monday, ProPublica reported that the IRS had decided that the Family Research Council (FRC), a Right-Wing political lobbying group, qualifies as a church for tax purposes:

“The Family Research Council’s multimillion-dollar headquarters sit on G Street in Washington, DC, just steps from the US Capitol and the White House, a spot ideally situated for its work as a right-wing policy think tank and political pressure group.”

The FRC is now a church, thanks to the IRS and its Commissioner, Charles Rettig. You can be forgiven for not remembering that Trump appointed Rettig to be Commissioner of the IRS in 2018. He got the job by writing a 2016 op-ed saying Trump didn’t have to release his tax returns, despite every major presidential candidate having done so since Nixon.

ProPublica noted that the FRC says on its website that it is a:

“…nonprofit research and educational organization dedicated to articulating and advancing a family-centered philosophy of public life. In addition to providing policy research and analysis….[the] FRC seeks to inform the news media, the academic community, business leaders, and the general public about family issues that affect the nation from a biblical worldview.”

Now that the IRS has blessed FRC as a church, it is no longer required to file a public tax return, (known as a Form 990), which reveals key salaries, the names of board members and related organizations, large payments and/or grants by the organization.

And unlike with charities, IRS investigators can’t initiate an audit on a church unless a high-level Treasury Department official has approved the investigation.

Right Wing Watch, an organization that monitors the activities and rhetoric of right-wing activists and organizations reported on the ties between FRC and Trump’s Jan. 6 effort to overturn the presidential election:

“The Family Research Council…was deeply involved in…Trump’s efforts to overturn the results of the 2020 election—a fact made all the more apparent by revelations during the June 23 public hearing of the House select committee investigating the conspiracy that led to the Jan. 6, 2021, insurrection at the US Capitol.”

You probably remember the head of the FRC, Tony Perkins (not the deceased actor) by some of his grandstanding in the culture wars:

  • In 2005, Perkins was against disconnecting life support for Terri Schiavo, a woman who had been in a “persistent vegetative state” for a number of years.
  • In 2008, Perkins called the passage of California Proposition 8 (which prohibited same sex marriage in the state) “more important than the presidential election”.
  • In 2018, Perkins said, regarding Trump’s adulterous past, he should be given a “Mulligan“, because Trump was “providing the leadership we need at this time…”

In 2010, The Southern Poverty Law Center (SPLC) designated the FRC as a hate group. From the SPLC:

“Part of FRC’s strategy is to pound home the false claim that LGBTQ people are more likely to sexually abuse children than heterosexual people. The American Psychological Association, among others, however, has concluded that “homosexual men are not more likely to sexually abuse children than heterosexual men are.”

Designating the FRC as a church for tax purposes is part of a disturbing trend. The WaPo reported in 2020 about the growing list of religious groups seeking church status from the IRS.

The potential cost of becoming a church is that the organization can no longer conduct political operations on behalf of politicians or lobby on legislation. In practice, that is simple to get around. The FRC now has its church arm alongside a separate lobbying arm called Family Research Council Action.

The arms separate their messaging on two websites, with the FRC hosting issues-based content supporting its Christian worldview while the Family Research Council Action explicitly endorses candidates. Both arms are registered at the same address and both share all five of the part-time employees the FRC lists on its tax form, including Tony Perkins.

These “churches” sure have figured out how to run a scam on the US government.

It’s past time for the IRS to end this charade and tax churches. Biden should fire IRS Commissioner Rettig, who was also the guy in charge when the IRS politically targeted Trump “enemies” James Comey and Andrew McCabe for invasive tax audits.

These people and their “churches” are simply Republicans with a talent for abusing the bible and raising obscene amounts of money. Thomas Jefferson said it best:

“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.”

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More Rights May Be Flushed By The Supremes

The Daily Escape:

Denali from Byers Lake, AK – June 2022 photo by Todd Salat

In his concurring opinion to the decision in Dobbs v. Jackson Women’s Health Organization, that dismantled Roe, Justice Thomas basically begged Red states to send the Court more culture war cases that they could dismantle.

The Houston Chronicle reports that Texas GOP AG Ken Paxton is ready to do just that:

“Texas Attorney General Ken Paxton last week seemingly expressed support for the Supreme Court potentially overturning past rulings on cases involving the LGBTQ community following the downfall of Roe v. Wade on Friday.”

Paxton, in an interview, said he would support the Supreme Court revisiting the cases mentioned in Thomas’ concurring opinion. Here are the decisions Thomas would like a shot at overturning:

He questioned a number of earlier Court rulings, including Obergefell v. Hodges, which established the right of same-sex couples to marry, and Lawrence vs. Texas—a 2003 decision in which the court ruled against the state of Texas regarding its 1973 law criminalizing the act of sodomy.

Thomas also mentioned Griswold v. Connecticut, which established the right of married couples to use contraception without government interference:

“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell….We have a duty to ‘correct the error’ regarding these established in those precedents.”

For those who don’t fully understand legal shorthand, the judicial theory Thomas is pursuing is that these issues should be in the hands of state legislatures, and not be decided by the courts.

Conservatives in other states have also expressed support for Thomas’s opinion, including Utah Senate President Stuart Adams, who said he would support the Supreme Court reconsidering same-sex marriage. Utah’s constitutional ban on same-sex unions still exists and could be reinstated if the high court were to overturn its earlier decision.

We shouldn’t forget that Obergefell was a 5-4 decision. Lawrence v. Texas was also a 5-4 decision. Since these cases were decided, the Court has moved three seats to the right. We should expect that both of these decisions will be overturned, assuming some state AG sends a case up to the Supremes.

After all, the Court’s Conservatives haven’t gotten more liberal on these issues in the last 10-15 years.

Some more history: Griswold v, Connecticut was decided 7-2, Loving v. Virginia was unanimous; and Brown v. Board of Education was unanimous. All of that said, while history shows that very few 5-4 decisions get overturned, in this time of Conservative Justice grievance, that’s not the way to bet. Even if those cases had been 6-3, 7-2 or 8-1, it wouldn’t matter to the current Justices on the Court.

Pundits are talking as if they would be shocked if the Court reverses Obergefell and Lawrence. That’s because they’re comforted that Thomas’s revolutionary concurrence wasn’t joined by other Justices. But all of them voted to end Roe, and Alito said:

“…abortion is not mentioned anywhere in the Constitution. Therefore, there is no right to an abortion.”

We should also remember that the Court used nearly word for word, the failed Robert Bork’s reasoning why there isn’t a Constitutional right to privacy in Griswold v. Connecticut.

If there’s no right to privacy because the Constitution does not explicitly state there is such a right, then according to the Court’s Conservative 6, all of the rest of our privacy rights are in play. That means nearly nothing in the Fourth Amendment may remain, because you have no right to privacy in your home or in your vehicle.

But if you bet that the Court’s Conservative majority will somehow find that the founders explicitly wanted corporations to have a right to privacy, you’ll earn some folding money.

The naked desire by the Furious Five to achieve their ideological goals as quickly as possible is most likely, uncontrollable. Chief Justice Roberts is being increasingly sidelined because he wants to (at least) try to hide their ideological agenda. But the Furious Five doesn’t have any interest in hiding what they’re doing.

No more calling “balls and strikes” as Roberts said during his 2005 Senate confirmation hearing.

In closing, the music world has reacted strongly to the Supreme Court ruling on abortion. NPR has a nice roundup of what artists are saying and doing in response. Check it out if you have time.

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Wednesday Wake Up Call – June 29, 2022

The Daily Escape:

Asheville morning, June 28, 2022 – iPhone photo by Wrongo. The log house we’re renting this week is at 4,000’ above sea level.

Wake up calls by the Wrongologist rarely happen on Wednesdays, but since the Roberts Court dismantled the line between church and state in public education with Justice Gorsuch’s decision in Kennedy v Bremerton School District, on Monday, it seems right.

Voting 6-3, the Court declared that an Oregon public high school football coach’s post-game prayer sessions with students were Constitutional, whether the students wanted them or not. That made Monday part of a pretty good run for American theocracy:

“The decision came less than a week after the court ruled, by the same vote, that Maine could not exclude religious schools from a state tuition program.”

The line between church and state is being erased before our eyes. Gorsuch, cherry-picking the facts of the case, wrote that football coach Kennedy had sought only to offer a brief, silent and solitary prayer:

“Respect for religious expressions is indispensable to life in a free and diverse republic — whether those expressions take place in a sanctuary or on a field, and whether they manifest through the spoken word or a bowed head…”

Justice Sotomayor responded that the public nature of his prayers and his stature as a leader and role model meant that students felt forced to participate, whatever their religion and whether they wanted to or not. She gave a different account of the facts, taking account of a longer time period:

“Kennedy consistently invited others to join his prayers and for years led student-athletes in prayer…”

In an unusual move, Sotomayor’s dissent included photographs showing Mr. Kennedy kneeling with players, which debunked Gorsuch’s selective use of facts.

Do you really think that this decision would have been the same if those prayers had been offered by a Muslim?

In the process of ruling for Mr. Kennedy, the majority overturned a major precedent on the First Amendment’s establishment clause, Lemon v. Kurtzman. That ruling was decided by an 8-0 vote under Republican Chief Justice Warren Burger. As an aside, John Dean (of Watergate fame) has said that during the Nixon administration, Burger threatened to resign from the Court if Nixon nominated a woman to it.

It came to be known as the Lemon test, which required courts to consider whether the challenged government practice had a secular purpose, whether its primary effect is to advance or inhibit religion, and whether it fosters excessive government entanglement with religion.

Sotomayor acknowledged that while the Lemon test had been frequently criticized by various members of the court:

“The court now goes much further…overruling Lemon entirely and in all contexts.”

So, by tossing out Lemon and saying that Coach Kennedy was not speaking for the school because it was an extra-curricular activity, the barrier between prayer and secular school has been permanently breached.

In today’s America, outside money will fund your culture wars grievance in the courts. The longer you can keep your case moving up through the courts, the better chance you have of running into a conservative Christian judge who will find a precedent for the White people’s Jesus in the Bill of Rights.

Teachers will now feel empowered to “invite” a group to pray with them. A few kids will jump in right away, while others will look around uncomfortably and gradually agree to join in, because the social opprobrium that comes with refusing is huge for kids. And since the person inviting you to pray is an authority figure: a teacher, coach, or principal, you really risk a lot by having them decide you aren’t:  A.Good.Christian.

When given the choice between upholding traditional case law or creating de novo judicial principles, the Roberts Court is almost always going to favor the latter.

Wrongo isn’t a lawyer, but many lawyers are now pointing to the extraordinarily shoddy nature of the Court’s majority opinions, including all three of the precedent-shattering ones the Court has issued over the last week.

It’s time to wake up America! Why is it so hard for Christians in the United States to just practice their religion without involving the rest of us?

We’re getting very close to the establishment of a default Christian American religion. We know that there are many public school teachers who have been silent despite their sincere religious beliefs while at school. Now they will be actively pressured by their pastors to begin proselytizing while on the clock.

To help you wake up, let’s travel to the 2022 Glastonbury music festival, which always creates great live music. On June 25, Olivia Rodrigo and Lily Allen dedicated the latter’s song “Fuck You” repurposed to express anger at five of the six Conservative members of the court.

Rodrigo named the Justices one by one, while Allen raised alternating middle fingers to them:

These artists aren’t afraid of controversy. Millions of us now feel exactly the same.

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Sunday Cartoon Blogging – June 26, 2022

(New columns will be light and variable for the next week, since Wrongo and Ms. Right are attending grandson Conor’s wedding in NC. Regular programming will resume on July 6.)

We’re not talking about the Supreme Court or the J6 news this morning. We’ll leave that for the cartoons below. Instead, let’s focus on an enlightening article from Curbed: “Hoboken Hasn’t Had a Traffic Death in Four Years. What’s It Doing Right?”:

“Hoboken feels downright roomy. Wander down the wide, busy sidewalks of Washington Street, the city’s main strip…and one thing becomes clear….A pedestrian doesn’t have to play the…perilous game of New York City crosswalk chicken, where you squint through the windows of a massive metal box to catch a glimpse of another speeding metal box whose driver doesn’t see you.”

More:

“Few drivers park next to crosswalks in Hoboken because they can’t. Those spots are blocked off with bike racks or planters or storm drains or extra sidewalk space for pedestrians or vertical plastic pylons that deter all but the boldest delivery-truck drivers. Stand at a corner, and you can see what is coming toward you, and drivers can see you too, and you don’t have to step out into the road and risk your life to do it.”

This concept is called Vision Zero, a strategy that municipalities across the US and abroad have adopted that seeks to alter traffic and engage pedestrians to lessen the severity of accidents. In total, Hoboken has had three traffic fatalities since 2015.

As Hoboken’s streets get safer, the rest of America is getting less safe. Traffic fatalities in NYC were up 44% percent in the first quarter of 2022. Hoboken has empowered it’s pedestrians and every corner makes it clear they have the right of way. Hoboken’s streak of zero fatalities could end at any time, and eventually will, but that’s no reason for other cities and towns not to enable similar change. On to cartoons.

Somebody should remind the Conservative ideologue Justices that America is a multi-belief country:

It’s on the ballot in November:

Clarence rewrites the 2nd Amendment:

Now concealed carry has multiple meanings:

The scales of justice get a Conservative makeover:

The J6 hearings have inspired criticism from Texas. The late Molly Ivins referred to Texas as the “national laboratory for bad government”:

Uvalde ,TX failures give new meaning to an old idea:

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Saturday (Un) Soother, Supreme Court Edition – June 25, 2022

The Daily Escape:

North River, Marshfield, MA – June 2022 photo by Laurie France

Roe overturned. Gun laws on the books since the Taft administration overturned. Miranda weakened. The separation of church and state required by the First Amendment, no longer Constitutional.

Remember when Republicans railed against “unelected, activist judges”? They always meant judges appointed by Democrats. Here’s a quote from the National Review:

“The Left views the judicial branch as no different from the executive or legislative branches. To them, judges are supposed to ‘take sides,’ making sure that some political interests win and others lose.”

Or, this from a Baptist minister in 2014:

“Unelected liberal activist judge delivers Michigan to Big Faggotry.”

As always, Conservatives were projecting their actual views as the views of their opposition.

Today, we do have unelected activist judges running America, and they are Conservatives. We’re living in an ahistorical time: There are six justices who are practicing Catholics. Chief Justice John Roberts and Justices Amy Coney Barrett, Clarence Thomas, Samuel Alito, Sonia Sotomayor, and Brett Kavanaugh.

Five routinely vote as a bloc. There have only been 15 Catholic justices (out of 115 justices total) in the history of the Supreme Court. Forty percent of all Catholic justices are now sitting on the Court.

The Conservative majority on the Court has walked away from Stare Decisis, the doctrine that courts will adhere to precedent when making their decisions. Stare decisis means “to stand by things decided” in Latin.

Here’s how stare decisis has evaporated: On Thursday, the Court said that the individual right to bear arms is an inviolable fundamental right, meaning states cannot infringe the right to carry a gun. Clarence Thomas held that a NY statute enacted during the Taft administration was not part of the American tradition of regulating firearms.

The right to an abortion, in place for 50 years, was overturned and sent back to the states because it’s just not as fundamental as the God-given right to have a gun which you can use to shoot up elementary schools.

The NY gun law dates from 1913. The right to abortion was decided in 1973. But the radical judges tout the notion that the former violated a fundamental right, while the latter isn’t even a thing.

Also on Thursday, the Conservative justices voted 6-3 to block lawsuits against police who neglect to read the Miranda warning, (“You have the right to remain silent”). It also includes language about Constitutional protections against self-incrimination. From Alito’s opinion:

“A violation of Miranda does not necessarily constitute a violation of the Constitution, and therefore such a violation does not constitute ‘the deprivation of [a] right…secured by the Constitution,'”

Miranda was decided in 1966, but Alito now says it’s a “prophylactic rule”, meaning that Miranda warnings aren’t required by the Constitution, but are instead judicially-crafted rules designed to protect people’s core Fifth Amendment right against compelled self-incrimination. His signal to prosecutors is clear: Miranda is suspect, and we’re willing to entertain arguments that we should do away with it for good.

So the Conservative wing has knocked off three “settled law” items in one week, despite each – John Roberts, Clarence Thomas, Gorsuch, and Kavanaugh – all saying under oath some version of what Roberts said during his confirmation hearing:

“…[Roe] is settled as a precedent of the Court, entitled to respect under principles of stare decisis. It is settled.”

You should know that Alito and Barrett didn’t lie quite so egregiously about Roe during their hearings, although with hindsight, both were disingenuous. Obviously, a judge who lies under oath should be removed from office, but that won’t happen since “everyone” knew they were lying.

These Conservative unelected activist judges are placing ideology above precedent.

That elections have consequences was the key takeaway from the 2016 presidential election won by Trump. Democrats didn’t turn out for Hillary Clinton as much as they had turned out for Obama or that would turn out for Biden. Trump won because he got 78,000 more votes than Clinton in just three counties in Wisconsin, Pennsylvania, and Michigan, and thus got to appoint three reactionary justices.

Reactionary justices will issue reactionary rulings. And there are many more to come.

But it’s time to forget (if you can) about the Supreme Court gutting legal precedent for ideology. It’s time for your Saturday Soother.

Our long-term lawn guy has decided to close his business. It’s a combination of higher costs that couldn’t be passed along to customers and getting too old for outdoor physical labor. So we’re scrambling at the height of the season.

It will be a warm weekend in the Northeast, so grab a seat outdoors in a shady spot, put on your wireless headphones and listen to “As steals the morn” composed by Handel in 1740. “As Steals the Morn” is adapted from Shakespeare’s “The Tempest”. Amanda Forsythe and Thomas Cooley are the soloists, and their voices are beautiful:

Lyric:

As steals the morn upon the night,
And melts the shades away:
So Truth does Fancy’s charm dissolve,
And rising Reason puts to flight
The fumes that did the mind involve,
Restoring intellectual day.

 

Intellectual day is gone, my friends.

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