Supreme Court – Page 4 – The Wrongologist

Corporate Money Is Flowing To Senate Republicans

The Daily Escape:

Sunset, Housatonic River, New Milford CT – 2022 photo by Tony Vengrove

There are just 55 days left until the 2022 midterm elections, and Wrongo’s crystal ball remains cloudy. For example, take the US Senate race in Pennsylvania. Democrat John Fetterman leads Republican Mehmet Oz by 48.5% to 40.4% in the 535 average of polls as of September 8. Sounds like a big lead, no?

But the US Chamber of Commerce told Axios on Sept. 11 that it was donating $3 million to support Oz’s campaign. Who is the US Chamber? They are an industry group that represents virtually every major American corporation. From Judd Legum:

“Corporations — whether individually or through a trade organization like the Chamber — are prohibited from donating $3 million directly to Oz’s campaign. (Corporate PAC donations are capped at $5,000 per election.) So instead, the Chamber is routing the money through the Senate Leadership Fund, a Super PAC set up by Republican Leader Mitch McConnell….The Senate Leadership Fund can raise unlimited funds from any source and spend them to boost Oz and other Republican candidates.”

In a statement, Chamber EVP Neil Bradley described Oz as “a pro-business champion” and said Fetterman “subscribes to a far-left, government-knows-best approach.”

So, America’s big corporations are against Fetterman. Sounds like a reason to be for him.

Legum takes a deep dive into where the US Chamber gets the millions it is donating to promote Oz’s candidacy: It comes from dues paid by member corporations. And which corporations are members? The Chamber keeps its membership list secret. More from Legum:

“We know, however, that virtually every major American corporation is a member of the Chamber. The Chamber’s board of directors includes representatives from FedEx, Bristol Myers Squibb, Facebook, AT&T, United Airlines, Abbott, 3M, Microsoft, Deloitte, Fidelity, Chevron, Intuit, Xerox, Pfizer, Dow, AllState, Delta, and many others.”

And most member companies don’t have a board seat. Their donations are secret as well, but CVS disclosed that it paid $500,000 to the Chamber in 2021 and $325,000 to a related organization, the US Chamber Institute for Legal Reform. And CVS isn’t a board member! Imagine how much the really big guns paid.

A few major corporations aren’t members. Apple, for example, resigned its membership in 2009 in protest of the Chamber’s policy on climate change.

Sadly, corporations are not accountable (or even visible) in their support of the extreme policies of the GOP when they donate through vehicles like the US Chamber. We have to hope that as the Republican message gets ever more extreme, corporations will have a harder time continuing their support for this type of Citizens United chicanery.

This shows just how scummy our politics have become with the help of the Roberts Court and the Federalist Society. If it’s illegal to donate a certain amount directly to this person or organization, we simply create a PAC or a Super-PAC, and then donate huge sums directly to them.

If creating a PAC achieves this result, how is the individual limitation protecting democracy?

There’s an old joke about how if you know a little about politics, your issues are guns, abortion and taxes. If you know a lot about politics, your issue is campaign finance reform.

Pennsylvania is one of a handful of states that could determine which Party holds the majority in the Senate. While Fetterman has a lead, Pennsylvania is still a competitive state, with money pouring into its governor’s race as well. This $3 million from the Chamber could have a real impact on the outcome.

It’s important to understand that more than 40% of the Pennsylvania electorate seems to want what Oz is offering. That’s scary, and it speaks to something that many in the media don’t want to address. They’re actually scared to address what the Republican Party has become. It isn’t surprising because the media are both a large part of the problem and not a part of the solution.

And when Biden accurately calls out what the Republican Party has become, when he says that Republican behavior and beliefs are inimical to what America is supposed to be, the media says he’s being divisive.

Oz is an example of what happens when one Party creates an existential situation out of whole cloth. When it’s backed by their 30 years of increasing extremism, the existential threat to democracy is now real.

No, America’s corporations aren’t going to save you. Giving money and time to Democratic Senate candidates like Fetterman, or Georgia’s Warnock (up by 2%), or Arizona’s Kelly (up by 2%), or New Hampshire’s Hassan (up by 4%), or Ohio’s Ryan (up by 1%), or North Carolina’s Beasley (up by 1%) MIGHT save you.

Do what you can.

The Mid-Terms Landscape

The Daily Escape:

Sunrise, Grand Teton NP, MT – June 2022 photo by Charyn

On Monday, Robert Hubbell had a very useful column about how some of the anti-Trump narratives are already baked into the politics of the mid-terms (barring some huge unforeseen event): (emphasis by Wrongo)

“…it is likely that the political throughlines are set for the midterms. That is both good and bad for America and Democrats. The topics for debate have been identified and the rules of engagement have been set….Let the media do its job, which, in this instance, will consist of talking about the same half-dozen stories non-stop.”

Hubbell outlines that the narratives that will dominate the news from now until November 8 are unlikely to produce political earthquakes:

“It is unlikely that the DOJ will indict anyone in Trump’s inner circle (including Trump) before the midterms. For example, in a filing last week, the DOJ said its investigation regarding the improper removal and retention of defense secrets was in the “early stages.” Nearly every Trump administration witness appearing before a federal grand jury was examined by the J6 Committee six to eight months ago. And the only grand jury subpoenas published in the press indicate that the investigations were opened in 2022 and that the subpoenas were issued in June.”

Wrongo agrees. This is also true for the Georgia grand jury investigation into Trump’s efforts to overturn Biden’s 2020 win in Georgia. Few realize the grand jury that Fulton County District Attorney Fani Willis is presenting evidence to cannot indict anyone. According to the Georgia Recorder: (emphasis and brackets by Wrongo)

“In contrast to a typical grand jury, the 23 members on the special grand jury do not have the power to indict anyone but can [only] make recommendations to Fulton County District Attorney Fani Willis.”

So, when DA Willis has sufficient evidence to indict, she must then impanel a new grand jury, present evidence, and ask for an indictment. Not likely to happen before November.

While the FBI search of Mar-a-Lago (MAL) has Trump on every front page, the DOJ says its investigation regarding the Mar-a-Lago search is in the “early stages.” The way America’s legal back and forth works, it is doubtful that we will see any facts contained in the affidavit the FBI used to justify the application for the search warrant before November.

Trump made a court filing requesting a Special Master (instead of the DOJ) review the documents removed from MAL. However Trump’s new request is decided, it’s likely to be appealed to the Eleventh Circuit, if not the Supreme Court, which will take time. That means we can expect Trump and the GOP to continue undermining the DOJ and FBI right through the mid-terms.

And there will be few new facts to indict Trump in the court of public opinion.

It’s likely we will see a steady drip of information about the recovered documents, just like Tuesday’s NYT article saying that, including the FBI seizure, Trump took more than 300 classified documents when he left office. That seems to say it couldn’t have been an oversight.

Finally, the January 6th Committee returns to work in September, but as of today, there are no hearings scheduled. Mike Pence will never testify. Since he still has presidential ambitions, testifying would put him on the wrong side of Trump supporters, making a run in 2024 problematic.

While the January 6th hearings have moved the needle on US public opinion, it’s difficult to what they will add to what we know in the time remaining for this 117^th Congress.

Of course, running against Trump is the Dem’s dream, but there are other issues out there, like abortion. In the new NBC News poll, abortion rights was only the seventh most important issue:

But it’s only one poll, and voter enthusiasm and turnout win races. The Morning Consult has the Democrats’ enthusiasm at 62%, up dramatically from 52% on July 31. That’s comparable to the GOP’s 65%.

Dan Pfeiffer believes the political environment has shifted in Democrats’ favor because of the abortion issue:

“Democratic efforts to turn this midterm from a progress report on Democratic governance into a referendum on GOP extremism failed to connect until the Dobbs decision. That was when Republican extremism went from an abstract argument to lived reality.”

Dems need to remind voters that unemployment is at record lows, that its Democrats who fight for economic progress, and to preserve women’s right to an abortion. Democrats can’t keep people from worrying about inflation, but they can influence whether it is the top issue to voters. They can keep the heat on Republicans for their extremist views on abortion and on Trump’s extremism and his role in the Jan. 6 insurrection.

The hope is that these realities overtake concern about inflation as the main issue for a big swath of Independent voters.

That could be the difference.

Sunday Cartoon Blogging – July 10, 2022

Continue reading Sunday Cartoon Blogging – July 10, 2022

Finally, A Culture War Dems Can Win

The Daily Escape:

Irises on the beach, OR – June 2022 photo by Edwin Buske Photography

Our visit to Asheville, NC for a family wedding was a great success. Now we return to a world where love doesn’t conquer all.

Much has been written about whether the Democrats will be helped in the mid-term elections by the Supreme Court’s Dobbs decision overturning Roe. Recent polls show a shift in attitude away from Republicans in Congressional races. Simon Rosenberg of NDN, a Washington think tank, sees a big change in political polling since Dobbs. Rosenberg tweeted:

These data suggest voters have swung 3-5 points towards Democrats in recent weeks. Five of the nine polls show meaningful movement toward the Democrats since their last poll.

And that polling shift seems to have carried over to the Senate. New polling from Future Majority (FM) finds a far better Senate landscape for Democrats. Here are a few data points from FM:

AZ – Sen. Mark Kelly leads Masters, 48-39, Lamon 47-41. He trailed a generic Republican 43-45 in March.
GA – Sen. Ralph Warnock leads Walker 48-44.  He trailed 48-49 in March.
NH – Sen. Maggie Hassan leads Bolduc 49-40.  They didn’t poll NH in March.
NV – Sen. Cortez Masto leads Laxalt 46-43.  She trailed Laxalt 43-45 in March.

Most important, FM found that enthusiasm to vote among Democrats has overtaken Republican enthusiasm. After trailing Republican motivation throughout most of 2022, now 92% of Democrats say they are extremely motivated to vote in November, while 89% of Republican voters say they are extremely motivated to vote. This is a seven-point boost in Democrats’ 85% enthusiasm in March.

Also, they found that reproductive freedom is a top priority for Democrat voters in November: 77% of Democrats and 45% of Independents identify the SCOTUS decision to overturn Roe as a top priority in their vote. It’s the top issue for Democrats and the 2nd most important issue to Independents.

If the FM polls are accurate, Democrats leading in the generic ballot is a game-changer for the 2022 mid-terms. The election is now competitive. It’s no longer a Republican wave election. But the election isn’t being held today, it’s four months away. And these polls, along with all the others, are fallible. But the times make it both right and important for Dems and Independents to be energized.

We need to hammer home that America had a coup against our government led by the last Republican president. And this year, we’ve seen the Republican-dominated Supreme Court rule against the majority view of the country on guns, abortion, religion and climate change.

It isn’t a stretch to say that the Court’s Conservative majority may side with Republicans when their partisans try to decide the next few elections for us. After years of change and accelerating division, the last few months have made it perfectly clear just what Republicans do when they get political power.

One big question in November is if the under-30 voters who helped power the Democrats’ wins in 2020 will show up in 2022. David Hogg, one of the Parkland shooting survivors who has become a political activist, tweeted at his fellow Gen Z cohort:

“I understand how tone deaf it sounds to say we need to keep voting but it’s important to remember a couple things-

1.) It’s one day every 2 years 2.) It’s a tool we have in our tool box to create change- we can’t afford to not use every tool we have 3.) If it didn’t change anything they wouldn’t be trying so hard to stop us

6.) When hardcore conservatives didn’t like the Republican Party in the 1960-70s their solution wasn’t to stop voting it was the opposite. It was voting WAY more in primaries and growing the power of their vote. They turned out every election for decades and that brought us here.

7.) The solution is NOT to stop voting which would literally be the worst possible thing we could do. It will ensure the only people who stay in power are Dems who refuse to abolish the filibuster and republicans. We need to grow our lead in the senate and keep the house.

8.) Power is grown over decades of voting for the best candidates in primaries and then blue no matter who. It should be obvious but the solution to growing our power isn’t to diminish it by not voting. It’s to vote for the best candidate and hold them accountable.’

Hogg gets it.

The abortion war should unite Democrats, while dividing Independents and Republicans, giving Dems an opening, if they know how to use it.

Democrats finally have a culture war they can win.

Saturday Soother, Independence Weekend – July 2, 2022

The Daily Escape:

Street Art, Riverview Station, Asheville, NC – July 1, 2022 iPhone photo by Wrongo

What is the essence of America? Finding and maintaining that perfect, delicate balance between freedom “to” and freedom “from” –Marilyn Vos Savant

Our stay in North Carolina has been grand, and it’s nearing an end since today is our grandson Conor’s wedding. We will soon head north, spending July 4 at Monticello, Jefferson’s home. The anniversary of our independence is also the day that Jefferson died. In a coincidence, both John Adams and Thomas Jefferson died on the same day, July 4, 1826. That was the 50^th anniversary of the signing of the Declaration. We’re really looking forward to spending Independence Day on Jefferson’s turf.

Wrongo has mentioned “The Cause, The American Revolution and its Discontents, 1773-1783” a book by Joseph Ellis about how the founders had to create a blurry vision of the revolution because colonists didn’t think of themselves as Americans. They had suspicions of others in different colonies, and they had different economic goals. So the founders described their fight for independence as “The Cause”, an ambiguous term that covered diverse ideas and multiple viewpoints. It succeeded in unifying them against the British.

Now, 246 years after our revolution started, it seems that nothing will ever unite us again. Facts are fungible, so the truth is as well. Most Americans are apathetic when it comes to politics because they like what they’ve got, and they’re unwilling to sacrifice.

This has led us to lose control of our politics and our courts. Control is now held by a minority, mostly by those at the top, supported by some of the people in the middle, and enabled by the apathy of most of the rest of us.

Worse, those in the minority are extremists. They have exploited the seams and imperfections in our system to impose a return to the social mores and politics of an earlier time on the rest of us. The best example of this is the string of far-Right decisions handed down recently by the Supreme (Extreme) Court. From Slate’s Mark Joseph Stern:

“Consider the issues that SCOTUS has resolved this term—the first full term with a 6–3 conservative supermajority. The constitutional right to abortion: gone. States’ ability to limit guns in public: gone. Tribal sovereignty against state intrusion: gone. Effective constraints around separation of church and state: gone. The bar on prayer in public schools: gone. Effective enforcement of Miranda warnings: gone. The ability to sue violent border agents: gone. The Environmental Protection Agency’s authority to regulate greenhouse gases at power plants: gone. Vast areas of the law, established over the course of decades, washed away by a court over a few months.”

In a single term, the Extreme Court’s reactionary majority has overturned two centuries of precedent for the American social order. They have made a mockery of judicial restraint. From Robert Hubbell:

“It is no longer “calling balls and strikes” but is…converting the game of baseball into the new sport of Calvinball, in which players make up the rules as they go along. To say the least, these changes are partisan and revolutionary.”

It’s clear that they want to go still further, and given today’s politics, there’s zero risk of the other branches of government overriding their decisions.

So, on this Saturday of Fourth of July weekend, let’s hit pause for a few days before taking on the mid-term roller coaster we’ll experience in the second half of the year. Let’s take these extra days to reflect on the Extreme Court’s rulings. Let’s contemplate how our founders were able to weave a message that united many factions against a common enemy.

It’s very clear that at this point, our common enemy is the partisan power of a partisan minority.

This weekend is our opportunity to set a battle plan against that common enemy, meaning a plan to maintain control of Congress for the next two years. We can then use that power to dilute the power of a reactionary Court that has taken control of many of the duties of the other branches of government.

Real power in this country no longer lies in the People. It resides at the Supreme Court.

To help you reflect on how we take back control, let’s listen to 1963’s “Give Me Your Tired” by Irving Berlin, performed by the Mormon Tabernacle Choir. Berlin set music to the words inscribed on the Statue of Liberty. It comes from his 1949 Broadway musical Miss Liberty:

The words are by Emma Lazarus (1849-87) from her 1883 poem The New Colossus:

Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me.
I lift my lamp beside the golden door!

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.

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.

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.”

“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 2^nd 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:

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.

Sunday Cartoon Blogging – June 19, 2022

Today is Juneteenth. It’s now a federal holiday. Here in the most Conservative corner of Connecticut, the town hall will be closed on Monday, even though Juneteenth doesn’t become an official state holiday in Connecticut until next year.

Data from Google Trends about Connecticut’s interest in searching for the word “Juneteenth” shows the holiday barely registered as a search term before 2020. In 2019, Google Trends rated “Juneteenth” only a 9 out of 100 on the interest scale in Connecticut. During the same period in 2020, the value grew to 72. In 2021, it reached 100, meaning “peak popularity” for the term. On to cartoons.

It will be years before most people observe Juneteenth: