Associate Supreme Court Justice Amy Barrett

The Daily Escape:

Cape Cod pond  with red shack – October 2020 by Michael Blanchette Photography

Amy Coney Barrett is now a Supreme Court Associate Justice.

It is the first time in 151 years (since Edwin Stanton in 1869) that a justice was confirmed by the Senate without the support of a single member of the minority party. Even Sen. Joe Manchin (D-WVA), who backed Brett Kavanaugh in 2018 (and Barrett for her circuit court seat three years ago), didn’t support her this time.

As Marsha Coyle noted on PBS, the Supreme Court went 11 years until 2005 without a change in Justices. In the next four years, the Court saw seven new Justices. Now we’ve seen three more in just four more years.

Justices are staying on the Court longer. In the 19th Century, the average tenure of a Justice was less than 10 years, due mainly to shorter life expectancy. Now that it’s becoming increasingly common for them to serve into their 80s, Justices are serving for 25 years, or more.

All of this is background to what we’ll have to get used to from Amy Barrett in the next few decades, including this quasi-campaign event:

There were understandably a few negative reactions:

Whatever happens going forward, please, please let’s not call her “ACB” as if she is some great legal mind akin to Ruth Bader Ginsburg. Barrett is to RBG what Clarence Thomas is to Thurgood Marshall; a facsimile of a Supreme Court Justice.

The NYT has a series of articles on How to Fix the Supreme Court that are worth your time. In one article, Emily Bazelon says this:

“….Republican dominance over the court is itself counter-majoritarian. Including Amy Barrett, the Party has picked six of the last 10 justices although it has lost the popular vote in six of the last seven presidential elections…”

The Republican Party doesn’t represent the majority of Americans. So it tries to achieve its goals by other means, even if that means perverting the intent of our Constitutional system.

We know that clear majorities of Americans favor reproductive rights, limiting political donations, stricter gun control and reversing climate change. But since the GOP controls the courts, it hopes to prevent these viewpoints from ever becoming law.

Movement conservatives are using a theory of judicial construction (Originalism) that didn’t exist until about 40 years ago. And they’re using it to overturn long-standing precedents, while also inventing novel constructions not found in the Constitution when it suits them (see Shelby County vs. Holder).

Among the options addressed in the Times’ article are: (i) Dividing the work of the Supreme Court into two parts, Constitutional issues and all others that concern interpretation of existing laws and statues. This would establish a Constitutional Court, an idea that several other countries have instituted (among them, France, Germany, and South Africa); (ii) Term limits for Supreme Court Justices; (iii) Adding more Justices to the Supreme Court; and (iv) Expanding the lower Federal Courts.

The Framers rejected the idea of a judicial retirement age. It was envisioned that a lawyer would need a lifetime of experience to become fully versed in the precedents that would govern their decisions as a Supreme Court Justice. But now, we have Amy Barrett serving as a Justice at age 48. The youngest Supreme Court judge ever was Republican Joseph Story, who was 32 when James Madison appointed him.

OTOH, term limits almost certainly require a Constitutional Amendment, since it would create an involuntary retirement from the Court.

Biden has said he will convene a commission to study Supreme Court reform. That kicks the can down the road. This is probably a good idea for now, until we see the decisions made by the current conservative majority in a few of the signature cases coming up this term. There is now a 6-3 MODERATE conservative majority on the Court, and depressingly, a 5-4 REACTIONARY majority on the Court.

For now, all we can do to change the Court is vote out of power those Republicans who denied Obama an appointment, only to cram three Justices through on Trump’s watch. We start by flipping the Senate in November.

Republicans are doing everything they can to lay the groundwork to overturn the election in the courts. The good news is that stopping them is easy: VOTE.

May the confirmation of Barrett be the last thing that the national Republican Party ever accomplishes.

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Trump Says: “What Coronavirus?”

The Daily Escape:

DH Day Barn in Glenn Arbor, MI photo by seedy_reedy_photos

From the WaPo:

“The presidential campaign was roiled this weekend by a fresh outbreak of the novel coronavirus at the White House that infected at least five aides or advisers to Vice President Pence….With the election a little over a week away, the new White House outbreak spotlighted the administration’s failure to contain the pandemic as hospitalizations surge across much of the United States and daily new cases hit all-time highs.

The outbreak around Pence, who chairs the White House’s coronavirus task force, undermines the argument Trump has been making to voters that the country is “rounding the turn,” as the president put it at a rally Sunday in New Hampshire.

Further complicating Trump’s campaign-trail pitch was an extraordinary admission Sunday from White House Chief of Staff Mark Meadows that the administration had effectively given up on trying to slow the virus’s spread.”

The WaPo reported that one of Trump’s top staffers acknowledged on Sunday that he (Trump) had tried to avoid disclosing these new White House cases to the public. Some in the VP’s office suggested that White House doctors should release a statement saying that [Marc] Short [Pence’s Chief of Staff] was positive, and that Pence was still okay to travel. But that idea was scuttled by Meadows and others. Meadows later said:

“We’re not going to control the pandemic,” Meadows said on CNN’s “State of the Union.” “We are going to control the fact that we get vaccines, therapeutics and other mitigations.”

There is no plan, and no strategy. Trump again said on Sunday in New Hampshire that the country is “rounding the turn”, but there’s no truth to that. Here are the 7-day average Covid statistics as of October 26: (emphasis by Wrongo)

“Yesterday there were 60,789 new confirmed cases, 16,222 recoveries, 340 deaths. The current 7-day rolling average of 68,768 new cases/day grew 38.8% from 14 days ago, while the average of 794 deaths/day grew 13.3%…”

If cases continue to grow at those rates, the number of cases will look like this:

9,221,976 cases in 7 Days; 9,888,654 cases in 14 Days; 12,042,648 cases in 30 Days

Even if you accept the view that: we can’t stamp out the virus, so we’ve just got to live (or die) with it, this just leads you to the other big idea: We knew back in March that even if we couldn’t stop the virus, we had to slow it down enough so that it doesn’t overwhelm our so-called “Greatest Health Care System in the World”.

If the GOP invested as much energy into fighting COVID as they do in voter suppression, we would have fewer cases and they wouldn’t need to suppress votes. Everyone expected that the virus would spread. But the least we should have been able to expect from Trump was an honest effort to inform the public; to do whatever it would take to contain it like the majority of other countries did; and to stop trying to blame someone else for it.

The Covidusa web site says that we’ve already reached a quarter of a million deaths (225,495) in this country. It’s clear that we’re being led by a pack of liars who think it’s more important to win an election than it is to save American lives. And they have the gall to call themselves “pro-life.”

And remember, there are 78 days after the election for Trump to fumble the Coronavirus before he leaves office.

Here’s another Trump delusion: This sheet was left on the seat of every member of the press on Airforce One yesterday. (Hat tip: Automatic Earth)

This suggests that the Trump camp expects a Red tsunami on Election Day. That may be true, but it will be very difficult to undo the massive early voting that is already in the books in all the battle ground states.

Every four years we say “this is the most important election of our lives.” This time, it’s true.

Why? Because if Trump wins again, we may see the freedoms we’ve long taken for granted curtailed, or in some cases, eliminated. You may think that Wrongo is well, wrong, and an alarmist. But do you REALLY want to take a chance that this isn’t the most important election of your life?

Your job is to vote for Biden, and to elect Democrats to the Senate.

There are seven days to go until the election. It’s certainly possible that you may never cast a more important ballot in your life. We have no control over what may happen in the future, but we can control what happens in seven days.

We can elect competence, sanity, and a reaffirmation of our democracy, but only if we all vote.

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Monday Wake Up Call – Early Voting Edition, October 26, 2020

The Daily Escape:

Fall color at Godfather Mountain, near Asheville NC – October 2020 photo by kathmandu04

Just eight days remain until the presidential election, and the WaPo reports that 58.4 million Americans have cast votes in the presidential election. That already is 124% of the total early voting tally in 2016:

“Registered Democrats are outvoting Republicans by a large margin in states that provide partisan breakdowns of early ballots. Republicans, however, are more likely to tell pollsters they intend to vote in person, and the GOP is counting on an overwhelming share of the Election Day vote going to Trump.”

WaPo says that early voting in battleground states is 49.5% of total early voting:

 

 

 

 

 

 

 

 

 

 

One significant factor this year is early voting by people between the ages 18-24. Here are some early turnout numbers by youth voters from Tufts University. The youth vote in Florida is nearly six times higher than in 2016. It’s eight times higher in North Carolina and 19 times higher in Michigan. Tufts also reported on youth voting in a few other states, which show similar large increases over 2016:

 

 

 

 

 

 

 

 

 

(Tufts reports that there was no data available for Texas and Pennsylvania in 2016).

We know that the youth vote will skew Democratic, so this is encouraging news for Biden and down-ballot Democrats. Politico reports that Democrats have opened up a yawning gap in early voting over Republicans in six of the most crucial battleground states, but that’s not the only story of their advantage heading into Election Day: (Emphasis by Wrongo)

“In a more worrisome sign for Republicans, Democrats are also turning out more low-frequency and newly registered voters than the GOP, according to internal data shared with POLITICO by Hawkfish, a new Democratic research firm owned by Michael Bloomberg, which was reviewed by Republicans and independent experts.”

We can’t trust an early lead will take us home. In 2004, John Kerry had the race won based on exit polling. So we shouldn’t trust an early lead this time, because Republicans bat last. Both sides are bracing for a giant wave of in-person Republican voters on Nov. 3. And we have no way to model the voter suppression that can take place with vote-by-mail, or by intimidation at physical polling places.

But voters age 45 and under are where the Democrats’ untapped strength lies. If they vote in large numbers, they’ll run America. Enough power applied in the right spots at the right time can make the Senate swing to the Democrats. If that happens in November, a change in power will certainly bring change in America.

Wrongo reported on how the site 538 predicts that 2020 turnout should be around 154 million voters. That would be an increase in voter participation by 12.5% over 2016. Since early voting so far is 24% higher than total early voting in 2016, it augurs well for hitting 538’s target.

Overall turnout when Obama was elected in 2008 was 61.6%. In modern times, we haven’t seen what would happen if turnout hit 70-80% of American voters.

Democrats represent those aspirational American values we all cherish, while the other Party is happy to share their tent with Donald Trump, a compromised, moral disgrace. They also welcome the dangerous lunacy of QAnon.

So, while the early voting reports are encouraging, Stay Awake, America! Encourage everyone you know to vote. Drive them to the polls if you can. Take bottles of water to people standing in long lines at your polling place. Get out the vote in any way you can!

These last eight days belong to you. Years from now, you will look back on these last days of the Trump era as among the best in your lives. An evil was unleashed in the country you love and you rose with millions of other Americans to slay the dragon.

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Sunday Cartoon Blogging – October 25, 2020

Gov. Steve Bullock of Montana is the state’s Democratic candidate for the US Senate. He’s running slightly behind the incumbent Republican, Sen. Steve Daines. Daines is a first-term Senator with few accomplishments, while Bullock is a sitting governor ending his second term. Bullock has high approval ratings for his handling of the pandemic, but his principled stand on masking may cost the Dems a chance to flip the Senate, since Montana happens to be a state where anti-maskers are vocal in their opposition to Bullock.

Bullock issued a mask mandate in the summer, but as the NYT reports, politicians and law enforcement in Montana’s Ravalli County opted not to enforce the order, citing individual rights. Another county, Flathead, has also been somewhat hostile to masking.

At the end of last week, Montana had 25,640 cases of Coronavirus, with 278 deaths. On Friday, Montana tallied a record for new cases at 932, so Bullock announced the state is cracking down on businesses in Flathead County that have refused to comply with masking and social distancing mandates.

That the outcome of a Senatorial election may depend on voters who won’t wear masks in a pandemic says much about what America has become. Many people say that they’ll do anything for America. Some of them even carry their guns in the supermarket. But when they’re asked to take simple protective measures, keep their distance, show patience and courtesy, they just can’t.

There are nine days left until the election. Nine days. Remember that in 2016 in Wisconsin, Hillary’s loss averaged out to just two votes per precinct. Help get your friends to vote. On to cartoons.

The criterion for debate success has fallen too far:

What you get when you do nothing:

In-person voting won’t be easy this time:

Let’s hope the swing hits fast and hard:

Rudy shows a laptop:

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The Closing Arguments

The Daily Escape:

Autumn on Icefields Parkway, Jasper Alberta, CN – September 2020 photo by Argen Elezi Photography

Welcome to the longest 14 days of our lives! The way actual time has blurred between Trump and Covid, November 3 has remained the one date that has stayed fixed in our consciousness. As the calendar days tick off, it gets closer and closer. Now, we’re all sitting in the backseat yelling “Are we there yet”?

The next two weeks will feel like an eternity.

As time winds down to the election, the polls tell us that maybe we’re at least momentarily, a tiny bit less polarized than we were pre-Covid. Many Republicans say they are voting for Biden. Certain groups, the majority of whom supported Trump in 2016, are moving in significant numbers to supporting Biden.

There is growing agreement that controlling Covid and restoring our economy are the top two issues facing the next president and Congress. There is less agreement about what should be done to move us down the path to achieving both.

The big question post-election will be: What do we agree on? Or more accurately, what will the majority of us agree can be done to repair the damage done in the past few years? The next two weeks will have Biden and Trump making their closing arguments on why they deserve our votes.

Crucially the same NYT/Siena College poll referenced above says that Americans see Biden as more capable of uniting the country by nearly 20 points.

Both candidates’ arguments may become clearer after Thursday night’s debate, but as of now, Trump’s closing argument is: Covid doesn’t matter, people are tired of hearing about it. He said on Tuesday that “People aren’t buying it” as America’s biggest problem.

It’s worth noting that despite Trump’s boredom with the virus, there were more than 64,000 new cases just yesterday. And the death toll passed 220k. So, maybe people actually are buying that it’s a big deal.

Trump’s second argument is that he has grievances: Against Fauci, the media, and Joe and Hunter Biden. When Trump talks about his personal grievances, few voters outside the Trump/GOP bubble agree that these are problems that need the time and attention of the next president.

Biden’s closing argument is likely to be “Let’s end the chaos”. That’s totally an anti-Trump argument. But to Biden’s point, we’ve never had a President wage war on America during a national crisis by actively working to undermine the country’s health and well-being.

According to a recent Cornell University study, Trump represents the “the single largest driver of misinformation around Covid” in the world.

Over the weekend Twitter took down a tweet posted by Dr. Scott Atlas, a neuroradiologist who is the latest Trump coronavirus guru, when he linked to an article that claimed wearing a mask does not help slow the spread of the virus. The article also referred to the virus as “some seasonal flu.”

Biden is also likely to say in closing, as he did in his Gettysburg speech on October 6, that some semblance of bipartisanship is necessary to defeat the COVID-19 pandemic and rebuild a battered economy. He also said then that the country must “decide to cooperate” toward the necessary recovery of our public health, and our economy.

Wrongo is reminded of this, written by Jan Flynn in June:

“We now live in a nation where tolerance of our differences is no longer an assumption in the social contract. Hate and judgment are normalized, but no less destructive than they’ve ever been. We retreat further and further into our ideological bunkers, from which we lob fearful words, memes, posts, rocks, bottles, rubber bullets, or actual bullets at our countrymen on the other side.”

How will we build tolerance for our differences? In the real world, we can’t unfriend or turn off the comments of Facebook friends we disagree with.

If Trump wins, the lobbing of words, memes, rubber bullets and actual bullets will continue, and likely get worse.

If Biden wins, he has a massive job ahead of trying to find a coalition of voters and politicians who will work cooperatively, helping bind up our self-inflicted wounds, and moving the nation forward.

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How Republican Use of the Term “Freedom” Hurts Our Coronavirus Response

The Daily Escape:

Fall turning towards winter, Capitol Peak near Aspen, CO – October 2020 photo by campsG

Following up on yesterday’s column on our failing response to Covid, we know that many on the right refuse to wear a mask to help their towns and states stop the growth in coronavirus cases. They say it’s their right to refuse to wear a mask, because the mask requirement impinges on their personal freedom.

They are wrong. Refusing to wear a mask doesn’t mean you are free. It means you are limiting the rights of your fellow citizens to be safe and secure. Axios reported on Monday that Coronavirus hospitalizations are increasing in 39 states, and are at or near their all-time peak in 16 of the 39.

We’re not at a panic point, but rising hospitalization rates are a sign that we’re losing control, and things are getting worse.

Michael Tomasky wrote an interesting op-ed for the NYT on how the right in America seemingly own the use of the term freedom. He quotes Mike Pence at the Amy Coney Barrett coming out party:

“We’re about freedom and respecting the freedom of the American people…”

Tomasky also quoted John Stuart Mill: (emphasis by Wrongo)

“In ‘On Liberty,’ he wrote that liberty (or freedom) means ‘doing as we like, subject to such consequences as may follow, without impediment from our fellow creatures, as long as what we do does not harm them even though they should think our conduct foolish, perverse or wrong.’ ”

Tomasky points out that freedom doesn’t include the freedom to make someone else sick. It does not include the freedom to refuse to wear a mask in the grocery store, or sneeze on someone in the produce section. How is that freedom for the person who is sneezed upon?

For the sneezee, the sneezer’s “freedom” potentially leads to illness, and in a few cases, even to death. Society has lost its social cohesion if that action is part of the definition of freedom.

Ralph Nader, who wrote “Unsafe at Any Speed”, the book that launched America’s national seat belt law, says this about the anti-maskers:

“The same people who don’t want to do social distancing and face masks get in their car and put their seat belt on….Nice irony, huh?”

Nader thinks mask wearing will just take time. Tomasky says that politicians on the right have appropriated “freedom”:

“Freedom belongs almost wholly to the right. They talk about it incessantly and insist on a link between economic freedom and political freedom, positing that the latter is impossible without the former. This was an animating principle of conservative economists in the 20th century like Ludwig von Mises, Friedrich Hayek and Milton Friedman.”

That linkage ignores that other western economies, like the Scandinavian countries, would have had limited economic success instead of their realities of great economies. These countries all have state-controlled economies, but still enjoy political freedom.

If Von Mises, Hayek and Friedman were correct, advanced democratic countries that had state-controlled economies would experience bad economies, along with little political freedom. There are no examples of this outside of the former Soviet Union. China has a robust state-planned economy, while lacking political freedoms.

So why do Democrats let Republicans own freedom as a concept? Why do they allow Republicans to use the concept to defend spreading the Coronavirus, potentially killing other citizens? A last thought from Tomasky:

“Democrats….aren’t very good at defending their positions on the level of philosophical principle…..they’ve been on the philosophical defensive since Ronald Reagan….Well, it’s high time they played some philosophical offense, especially on an issue, wearing masks, on which every poll shows broad majorities supporting their view….Freedom means the freedom not to get infected by the idiot who refuses to mask up.”

Biden has been pretty good at showing the alternative viewpoint on personal freedom. At his Miami town hall, he said:

“I view wearing this mask not so much protecting me, but as a patriotic responsibility. All the tough guys say, ‘Oh, I’m not wearing a mask, I’m not afraid.’ Well, be afraid for your husband, your wife, your son, your daughter, your neighbor, your co-worker. That’s who you’re protecting having this mask on, and it should be viewed as a patriotic duty, to protect those around you.”

Without social cohesion we’re doomed as a society. Coronavirus should be helping bring us together, but Trump keeps using it to drive a wedge deeply into our social fabric.

Just 14 days remain until the election. Help heal America by voting!

Let’s end Trump’s tired act.

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Sunday Cartoon Blogging – October 18, 2020

If confirmed, Amy Coney Barrett’s first major case on the Supreme Court could be Trump’s plan to remove undocumented immigrants from the Census count. This will cost states like California, Illinois and New York multiple Congressional seats, and billions in federal funding:

“The Supreme Court announced Friday that it will review President Trump’s attempt to exclude undocumented immigrants when calculating how congressional seats are apportioned among the states.”

A three-judge panel in New York said that Trump’s July 21 memorandum on the matter was “an unlawful exercise of the authority granted to” him by Congress. It blocked the Commerce Department and the Census Bureau from including internally generated information about the number of undocumented immigrants in their reports to the president after this year’s census is completed.

The census does not ask a citizenship question, so how the Census Bureau would come up with the immigration status of people counted is as a practical matter, suspect.

The Supremes put the case on a fast-track, saying that they will hold a hearing Nov. 30. By then, it will likely again be a nine-member court, assuming Judge Amy Coney Barrett is confirmed. It’s unclear how the case will divide the court. But the Census is yet another issue that has been transformed from a largely bureaucratic exercise into a partisan battle.

The decision to hear the case follows the Supreme Court’s earlier decision that the Trump administration could stop the Census count of Americans immediately, instead of on October 31.

This newest controversy involves the Constitutional mandate that apportionment of seats in the House of Representatives be based on the “whole number of persons in each State.” That has been interpreted to mean every resident, regardless of immigration status. But this summer, Trump issued a memorandum that said: “It is the policy of the United States to exclude from the apportionment base aliens who are not in a lawful immigration status.”

Trump directed Commerce Secretary Wilbur Ross to provide him with two sets of numbers, one that includes unauthorized immigrants and one that does not, “to the maximum extent feasible and consistent with the discretion delegated to the executive branch.”

Thus, the need for a decision about the Constitutionality of counting every person. We’ll see what happens. On to cartoons:

Coney Barrett says she’s a neutral arbiter of the law. Tell that to the Elephant:

Amy Coney Barrett keeps her opinions close to the robe:

It’s a felony to intimidate voters or obstruct voting. Coney Barrett says she can’t say if that’s illegal. The Constitution states that Congress shall determine the date of the election. Coney Barrett says she can’t say whether or not a president could unilaterally postpone an election.

A competent judge should have acknowledged explicit text in federal statutes and the Constitution itself, while reserving the right to apply it to a specific set of facts that might be presented to her.

Our Election Day fear:

Voting no longer takes just a few minutes:

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Saturday Soother – October 17, 2020

The Daily Escape:

Hiram, ME – October 2020 photo by alexishowardphoto

Wrongo and Ms. Right are camped out on Cape Cod for a week. We’re trying to stave off the approaching cold and dark that will be soon be upon us. Also, we wanted to smell the salt air for a few days at least, in our Covid-filled 2020.

And every single person we’ve had to make small talk with in the past two weeks has said this exact sentence: “It gets dark so early now”.

The two things that dominated the week were the Amy Coney Barrett hearings and the continued growth in Covid cases as we run up to the election. Starting with the Barrett hearings, how is it believable that we have a process where aspirants to hold a lifetime appointment to the Supreme Court pretend to have never given any thought to fundamental questions that absolutely every American adult has an opinion about?

She’ll be confirmed, and then we’ll move on to some fresh new Republican outrage.

Wrongo has said for months that this is the Covid election. No one wants to see more cases, but with incompetent presidential leadership, this is where we are with 17 days left until the election:

According to the NYT, over the past two weeks, new cases have increased in 43 states, plus DC and Guam. Deaths are increasing in 23 states. But Trump wants us to talk about whether Twitter is burying a story about Hunter Biden.

He’s bet his re-election on saying the pandemic is no big deal. Sadly for Americans, he’s wrong (again).

If the reaction by the anti-maskers (mostly Republicans) stay as they are currently, with some states encouraging residents to go maskless, then the projected number of deaths by February could be close to 400,000.

But if everybody stopped being stupid and wore masks and skipped large gatherings and kept a safe distance from others, then we could see the number of deaths be closer to 300,000.

Finally, a reason for hope: The Democratic candidate fundraising platform ActBlue just reported its most successful fundraising quarter in history. They raised $1.5 billion in three months from individual donors. That total includes some of Wrongo’s and Ms. Right’s money:

“From July through September, 6.8 million donors made 31.4 million contributions through ActBlue, the Democratic Party’s favored online donation platform, averaging $47 per donation. More than 14,223 campaigns and organizations benefited from the surge in donations, the largest single quarter in the platform’s 15-year history, according to figures shared first with POLITICO.”

In September alone, ActBlue processed $758 million. This doesn’t mean that the fight against Citizens United shouldn’t continue, but it does mean that energized voters can compete with the Big Money when it really counts.

Two years ago, no one thought Democrats had much of a chance of flipping the Senate. Now, with competitive races in North Carolina, Georgia (two), South Carolina, Texas, Kentucky, Arizona, Maine, Iowa, and Colorado, there is better than 50% chance of turning the Senate blue. Since Democrat Doug Jones will almost certainly lose in Alabama, if the Dems can flip five red seats, they will have the Senate to go with the House and the White House.

Voting can change the world. Those over 45 years old made our current, crumbling world. People younger than 45 have the power to remake it, if they turn out by November 3.

On to the weekend. After another rock ’em sock ’em week, you definitely need some Saturday Soother time! Let’s start by brewing up a cup of Colombia Hacienda Casablanca, ($20/12oz.), said to be bright, juicy, and cocoa-rich. It comes to us from Toronto’s Stereo Coffee Roasters.

Now settle back and listen to a classic played in a different way. Here is Debussy’s “Clair de lune” played on solo Harp by Mali Llywelyn. Here, she’s playing at St. Martin-in-the-Fields, London in November 2017:

This will both relax and inspire you.

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Ending Republican Hypocrisy Regarding the Courts

The Daily Escape:

Sleepy Hollow Farm, Woodstock VT – October 2020 photo by Kyle Seymour Photography

The Senate started its confirmation hearings on the nomination of Amy Coney Barrett on Monday. There is little doubt that she will be confirmed on a Party-line vote by Republicans sometime before the presidential election on November 3.

There are legitimate questions to ask about the ideological balance on the Court, which will be 6-3 in favor of the conservatives, a ratio that is likely to last for a decade or more. The WSJ had a piece asking “Is the Supreme Court Too Catholic?” The religion of individual justices is of supreme indifference to Wrongo, but after Barrett is confirmed, the Court will have six Catholics, two Jews and one Anglican.

Of the current crop of Catholics on the Court, only Justice Sotomayor was appointed by a Democratic president. It is assumed by Republicans that the justices’ Catholicism is a proxy for their presumed (or long hoped-for) willingness to overturn Roe v. Wade.

Another legitimate question is how Democrats should deal with the hypocrisy shown by the Republicans’ about-face on whether a new justice could be confirmed in the last months of a president’s incumbency. Four years ago, the Republican narrative was that Obama was picking a fight by moving to fill a Supreme Court vacancy after Justice Scalia died in February that year.

With a Republican now in the White House, it has become acceptable to jam through a Supreme Court justice nomination within days of the election. While that process conforms to the Constitution, it wasn’t what Republicans did when Obama was president.

Many Democrats are talking about expanding the Court, adding an even number of additional justices to help restore some ideological balance. The Republicans call this “court packing”. It’s worth remembering that FDR’s attempt to pack the court in 1937 was a political disaster for his Party. So Biden and Harris have been unwilling to say much on the subject.

Eric Boehlert points out that much of the mainstream press has picked up on calling it court packing, and are asking Biden to weigh in on the subject:

  • “Biden and Harris Need an Answer on Court Packing” (The Atlantic)
  • “Ruth Bader Ginsburg’s Death Revives Talk of Court Packing” (New York Times)
  • “How Democrats Could Pack the Supreme Court in 2021” (Politico)
  • “Harris Dodges Questions on Support for Supreme Court Packing at Debate” (CBS News)

More from Boehlert:

“For conservatives, “packing the courts” is an attack line — Sen. Ted Cruz (R-TX) said it would “destroy one of the pillars” of the Constitution, while Sen. Ben Sasse (R-NE) compared it to a “suicide bombing.”….”Expanding the courts” is a more accurate description of what might take place during the next Democratic administration.”

Eric Scholl at Medium points out that Justice Clarence Thomas has suggested recently that the Court should loosen up on one of its guiding principles: that of stare decisis, which means “to stand by things already decided”. To Thomas, it’s high time the Court starts overturning decisions that were previously approved. In part, because there’s now an opportunity to do it.

That’s rank politics, but it’s not new. In 2013, Sen John Cornyn (R-TX) had referred to President Obama’s appointments to the DC Circuit Court of Appeals as an “attempt to pack” the court. In October 2016, when Hillary Clinton was leading in the polls, National Review ran an article arguing that:

“The Senate should decline to confirm any nominee, regardless of who is elected. More than that, it is time to shrink the size of the Supreme Court.”

Instead, Republicans ask Biden if he’s for adding additional Court justices, hoping he falls in a trap, 21 days before the election. Tim Alberta tweeted:

The answer to court-packing Q is “Look, that isn’t our decision to make. Congress would need to pass legislation to expand the Supreme Court, and there’s no use speculating on that possibility when we’ll face immediate challenges on day one of a Biden administration.”

Not hard.

Not a bad answer. It’s good to remember that two Republican governors expanded their State Supreme Courts in 2016:

  • Georgia’s governor Nathan Deal’s three judge expansion shifted the balance of power on Georgia’s Supreme Court. He also added two new judges to the Court of Appeals.
  • Arizona’s Republican governor Doug Ducey added two justices to what was previously a five-judge panel.

So, as if you didn’t know, hypocrisy is alive and well in the Republican Party.

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Monday Wake Up Call – COVID Edition, October 12, 2020

The Daily Escape:

Camelback Lake, PA – photo by Craig Conklin

Yesterday, Wrongo said Covid is the biggest issue of the 2020 election. Today let’s talk about the death cult that Republicans seem to be when it comes to Covid. They won’t mask up, and they are unwilling to observe social distance in public. Some won’t even self-isolate when they are infected.

If you think this is an exaggeration by Wrongo for political purposes, you would be incorrect.

America is experiencing the long-predicted fall surge in Covid cases, and the surge is concentrated in states that are either Republican-run or are Republican by sentiment. Dan Goodspeed is a blogger who has made an interactive chart that shows the growth in Covid cases since June 1. He chose June 1 because it was about then that countries worldwide had the opportunity to beat back the number of cases with proven preventative measures.

Goodspeed also contrasted the case data with states’ political affiliations, using the Cook Partisan Voting Index. The results suggest that there is a strong correlation between a state’s political leanings and its ability to slow the spread of COVID:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Of the top 25 states that had increasing Covid cases since June, 23 of them are Republican. Remember, that the data show cases per million of population, making direct comparisons possible.

If you view this graph at Goodspeed’s site, the bars quickly progress in total cases from June until October. That progression clearly shows what can happen when one Party politicizes a public health emergency. Or when its citizens cherry-pick what facts they’ll believe based on their politics and ideology.

It turns out that red states have done a particularly poor job of dealing with the pandemic, most likely because their citizens have been the most resistant to taking basic precautions, such as wearing face masks, physically distancing and self-isolating.

Yes, it seems that the preventative measures prescribed by infectious disease professionals actually DO work.

If Americans had uniformly accepted that these simple rules at the outset of the pandemic were a smart way to protect public health, the country’s outcome would be different. Instead, more than 214,000 Americans have already died. And the outlook is worsening. Thirty-two states have more new cases this week than last week, according to Johns Hopkins data. Covid is nowhere under control.

Trump stood on a White House balcony Saturday, claiming the coronavirus is “disappearing” while hundreds of people watched from below. Although 2,000 invitations had been sent out, the crowd on Saturday was only a few hundred. The White House said that Trump would speak for 30 minutes, but he spoke for just 18 minutes, instead of the usual 90 minutes or more. Many in the crowd were maskless.

It’s clear that contracting Covid has taught him nothing, and he will continue to endanger Americans until Election Day. He’s planning at least three campaign rallies next week in Florida, Pennsylvania and Iowa. CNN reports that he said:

“We are starting very, very big with our rallies and with our everything”

Since January, Trump has questioned the science. In some cases he’s undermined the scientific authorities who have tried to get the true information out about what we know, and what we should be doing about it.

Trump isn’t going to change. That puts the onus on those around him to do the right thing, and stop enabling his antics. First on the list right now must be his personal physician, Dr. Conley, who has said that Trump poses no threat to others. If that is true, where’s the evidence of Trump’s string of negative Covid tests?

Conley in particular has surrendered his credibility in order to enable Trump’s recklessness. Ultimately, he will become another administration official on the growing list of Trump enablers who can’t justify their colossal misjudgment.

Time to wake up, America! Republicans have become a death cult. Republicans refuse to believe that Covid is dangerous, they refuse to trust the scientists, and they seem willing to get sick for Trump’s sake. Beware what they might do if Trump returns to power for another four years.

If you are one of the few remaining undecided voters, the fact that 23 of the 25 states with the most new cases since June are Republican ought to tell you all you need to know about how Trump will protect America.

Trump’s insisting that his followers vote in person 3 weeks from now. And most of them will happily do it.

If you live in a red state, maybe you should think twice about that.

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