Why Democrats Haven’t Closed the Midterm Gap

The Daily Escape:

Sunrise, Duxbury, MA – September 2022 photo by Juergen Roth Photography

Fall is here and the midterms are 41 days away. And CBS reports that the Republicans have a lead, but it’s still shrinking. CBS’s analysts still have the GOP picking up the House, but it is still within reach:

“While they’re still in a very good position to capture a House majority, that majority looks narrower today than it ever has, having ticked down for the second straight month to 223 seats in our model estimate. Republicans were at 226 in August and 230 in July.”

CBS says that voters think the stakes are high, and for many it’s more than the pocketbook issues of gas prices and inflation. BTW, Wrongo paid $2.95/gal on Monday. Here’s a chart from CBS:

Voters believe by two to one that a Republican Congress would lead to women getting fewer rights and freedoms than they have now.

Other polls talk about whether people view the Parties’ candidates favorably or unfavorably, the WaPo reviewed more than 20 polls across the swing states including Arizona, Georgia, Michigan, New Hampshire, Pennsylvania, and Wisconsin. And in most cases, the Trump-aligned candidates have huge unfavorability deficits, but these popularity gaps are mostly larger than the expected voting margins in the actual head-to-head contests.

Let’s go back to the CBS poll for the reason why the Democrats are still trailing:

Despite having their voters’ enthusiasm grow, Democrats are still less likely than Republicans to say they’ll definitely vote. They haven’t closed that gap.

That makes the campaign right now about the Dems defining what the contest is about for their own voters and for independents. Once Dems get beyond the voters most concerned with abortion, they still have work to do making this midterm election look like other midterms where they’ve won.

The WaPo’s Aaron Blake tells us that the difference is that Republican and right-leaning swing voters see an obnoxious Republican and think: He may be a jerk, but he’s our jerk.

Democrats don’t do that. They fight among themselves about the virtue of their candidates.

Republicans have much more party loyalty than Democrats. Steve M. at No More Mister Nice Blog says it’s not hard to see why:

“Their favorite media sources have engaged in pure cheerleading for their party (and relentless demonization of the other party) for decades. The rest of the media is described as “liberal,” but it’s always ready to shiv a Democrat.”

He asks:

“Was there a single positive news story published about Joe Biden between the fall of Afghanistan and the passage of the Inflation Reduction Act?”

So it’s not surprising that these Republican jerks can be competitive.

Republicans are pretty much all on the same page now. They are a minority Party at the national level and that requires them to rely on Party unity to regain power.

Wrongo doesn’t know what to tell you. Everyone needs to communicate that if the Republican Party takes control of both Houses of Congress they will:

  • Work to make voting more difficult or meaningless. They just voted against disclosing dark money in our elections, thereby reinforcing the damage done by Citizens United.
  • Try to have their Republican legislatures decide who won an election by nullifying the power of state supreme courts to check rogue legislatures.
  • Work to weaken Social Security and Medicaid.
  • Try to pass a national abortion ban. And if that’s not enough, they are leaning towards a ban on contraception.
  • Try to end the right to same sex marriage.
  • Work to make America a one-religion state.

None of the above is an exaggeration. Republicans are pushing all of these terrible things right now.

Beyond that, here’s something to remind your friends who still aren’t sure how they’ll vote: Republicans historically don’t care about the issues they keep going on about on cable news, or in their incessant negative election ads. And they won’t do anything to address them if they win.

They have no real governing agenda.  And there’s only one way to stop them.

Get out the vote.

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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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The FBI Search

The Daily Escape:

Wildflowers above 11,000’ at Paradise Divide, Carbondale, CO – July 2022 photo by Mountain West Photography

What to make of the FBI executing a search warrant at Trump’s Mar-a-Lago (MAL)? Despite what most of the immediately outraged Republican Party is saying, the bar for getting a search warrant on a former President is understandably and correctly, set high.

Trump claimed that the search was “prosecutorial misconduct” and reflected “the weaponization of the Justice System.” But prosecutors can’t conduct searches of people’s homes on their own. The Fourth Amendment requires that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

For the FBI to conduct this search, it needed a warrant, which means everyone from frontline prosecutors and FBI lawyers to Attorney General Merrick Garland had to sign off on the warrant application, and then a federal judge had to examine the affidavit setting forth their evidence and concur. This is the system working as the Constitution intended.

Garland and the federal judge who authorized the warrant knew that it would set off a shitstorm of reaction by Right-wing politicians and by Trump loyalists, but they went ahead anyway. Oh, to see that affidavit!

It was predictable that the MAGAverse would erupt in fury, but the reaction by the so-called Republican “establishment” is both ridiculous and frightening. Elected Republicans, who always remind us that they are the party of law and order, could have: Either adopted a posture of strategic silence, or given the FBI the benefit of the doubt while they conduct a court-sanctioned investigation.

Instead, except for Mitch McConnell who has stayed silent, they mostly went crazy, including House Minority Leader McCarthy’s threats of retaliation against Garland if Republicans take the House in the fall. Sen. Marco Rubio (R-FL) tweeted:

Although Lil’ Marco said this in 2016:

This is the worst kind of lie by a member of the US Senate. Rubio knows that this was the lawful execution of a search warrant that was presented with probable cause, and issued by a Federal judge. These aren’t done lightly or carelessly.

Trump has spent years sowing distrust of federal law enforcement and the “deep state.” And the response by senior Republicans shows how deeply his campaign of subversion has penetrated their hive mind.

Republicans are claiming that the FBI’s search of MAL is abusive. But law enforcement leaves a copy of the search warrant, which itemizes what they are looking for, and what laws may have been violated. If Trump and the MAGA Republicans really think this search is abusive, Trump would have made the warrant public. Trump needs to show it or shut up about it.

We really need to stand back and appreciate the clarity with which the GOP is expressing that the role of law enforcement is only to police the powerless. Here’s the #3 GOP Representative in the House:

This is sick. Law enforcement does exactly this to average citizens all the time, all over America. So, expect that this fall, the Party of “LOCK HER UP” will become the Party of “How Dare the FBI Investigate Republican Politicians.”

People are getting a lesson in civics: If society has a rule, it must be enforced for everyone in the same situation. Trump is saying that the DOJ has been weaponized. But consider this list from Marshall Cohen:

Despite all the hope by Democrats and the fury of Republicans, no one has a handle on how this will progress, or whether it has an impact on Trump’s attempt to run again for president. Wrongo listened to a Republican political strategist on the BBC say that the fact of the search itself will hand the presidency to Trump in 2024.

That seems like GOP hopium to Wrongo.

The next few weeks will be filled with speculation and most likely, conflicting information as details emerge about the MAL search and what was behind it. One thing that’s sure is that the immediate and escalating talk of violence among Trump’s supporters is troubling. Some have been calling for “war” or “civil war,” referring to FBI “tyranny.”

In the not too distant past, we’d dismiss this kind of talk as braggadocio. But that disappeared on Jan. 6, when we realized these militants are more than willing to act on their warped beliefs.

So take a step back and place this story in a broader context: As a Constitutional matter, DOJ’s action is a message to future presidents that even though recently, other guardrails of presidential accountability have failed us, the criminal justice system still works, so long as someone of integrity—like Garland—is at the helm.

Does America need further convincing that this fall, aside from running on their accomplishments, Democrats up and down the ballot, need to amplify the opposing party’s lack of regard for the rule of law or, for truth itself?

How do we insure that they don’t use the powers of their office(s) to morph this country towards authoritarianism?

By voting them out of power.

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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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Saturday Soother – July 16, 2022

The Daily Escape:

Pamet Harbor, Truro, MA – June 2022 photo by Andrew Mckniff

The chaos caused by Trump never ends. The WaPo reported that the US Secret Service (USSS) deleted text messages from the phones of most of its employees in January 2021. Many of those messages related to Jan. 5 and 6:

“A government watchdog accused the US Secret Service of erasing texts from Jan. 5 and 6, 2021, after his office requested them as part of an inquiry into the US Capitol attack, according to a letter sent to lawmakers this week. Joseph V. Cuffari, head of the Department of Homeland Security’s Office of Inspector General, wrote to the leaders of the House and Senate Homeland Security committees indicating that the text messages have vanished and that efforts to investigate the Jan. 6, 2021, attack were being hindered.”

Anyone see something suspicious about this?

It was simply a routine procedure, says the USSS spokesperson. The Secret Service by policy requires employees to back up and store government communications when they retire old electronic or telephonic devices. But the WaPo says that in practice, staff do not consistently back up texts.

By the time of the IGs request, as many as a third of Secret Service personnel had been given new cellphones.

Joseph Cuffari was nominated by Trump in 2019 to be the USSS Inspector General. He has faced significant criticism since he took the office. First-year audits plummeted to historic lows under his administration. He also blocked investigations into the Secret Service’s handling of protests in Lafayette Square, and the spread of Coronavirus in the agency’s ranks. The Project On Government Oversight (POGO) has called on President Biden to remove Cuffari.

Secret Service spokesman Anthony Guglielmi pushed back about the missing texts:

“…the Secret Service has been fully cooperating with the OIG in every respect – whether it be interviews, documents, emails, or texts….in January 2021, before any inspection was opened by OIG on this subject, USSS began to reset its mobile phones to factory settings as part of a pre-planned, three-month system migration. In that process, data resident on some phones was lost…DHS OIG requested electronic communications…on Feb. 26, 2021, after the migration was well under way. The Secret Service notified DHS OIG of the loss of certain phones’ data, but confirmed to OIG that none of the texts it was seeking had been lost in the migration.”

Despite what the USSS spokesperson says, it’s a certainty that some texts are missing. OTOH, it would be surprising if the telephone carrier for the Secret Service didn’t retain a record of all the texts. That means that the DOJ could have them already or can easily retrieve them.

It’s interesting that the Trump-appointed director of the Secret Service, James Murray, announced his retirement last week. Most likely, he knew this was coming. It’s probable that he was given a choice to retire before getting canned.

Since leaving the Treasury Department and going under the DHS umbrella, the USSS has become a shitshow. Just last week in Israel, one of Biden’s SS agents was detained and deported after allegedly assaulting a woman outside of a Jerusalem bar.

Murray may have fallen on his sword, but the missing texts for such a significant event in US history implies that the USSS has been infiltrated by Trumpists. Remember that the Secret Service wanted to take Pence away from the Capitol during the attempted coup, but Pence refused. Sen. Charles Grassley (R-IA) as president protempore of the Senate was in line to take Pence’s place. He could have nullified the Electoral College vote and seemed to know something, since he tweeted that Pence wouldn’t be at the Capitol so Grassley would preside over the vote.

Did Grassley have prior knowledge of what the SS planned for Pence?

Have you had enough for this week? Wrongo certainly has, so it’s time for our Saturday Soother, when we take a break from reading about the latest outrage and reconnect with nature for a few minutes. Weeding and watering are high on our to-do list for this weekend on the Fields of Wrong.

Let’s start by grabbing a mug of cold brew coffee and a chair in the shade. Now, listen to Alan Hovhaness’s “Meditation on Orpheus op. 155”, written in 1958 for Leopold Stokowski and the Houston Symphony. Hovhaness was an Armenian-American 20th-century composer who died in 2000.

His “Meditation” is a musical reflection on one of Greek mythology’s most memorable stories: Orpheus’ loss of his wife, Eurydice, and his attempt to find her by descending into the underworld, where he meets his tragic fate. It’s performed here in 2012 by the Seattle Symphony Orchestra conducted by Gerard Schwarz:

Hovhaness is well worth your time.

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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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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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Sunday Cartoon Blogging – June 12, 2022

The WaPo reports that Facebook is allowing marketplace buyers and sellers to violate its ban on gun purchases 10 times before being kicked off the platform. They reported that Facebook’s guidelines also include a five-strikes system for gun sellers and buyers who call for violence or voice support for a “known dangerous organization” before they lose Facebook access.

Five years ago, Facebook banned the private sale of guns on its website but it hasn’t previously explained how the company enforces the ban. Apparently, they really don’t. On to cartoons.

The GOP’s #1 strategy:

GOP strategy #2:

Kids understand:

Liz Cheney, another guided missile:

Wrong argument in the wrong court:

Twisted logic by Republicans who defied the J6 committee:

FOX knows its audience:

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