Tag: Supreme Court Justice Appointment

Sunday Cartoon Blogging – March 27, 2022

The public personas of three women: the late Madeline Albright, Ketanji Brown Jackson and Ginni Thomas were on display last week. Two of them seem destined for important places in history.

You know Albright’s story: A refugee from Hitler and Stalin. A naturalized American, the first woman US Secretary of State (fourth in the line of presidential succession), and a huge influence on US foreign policy in the 1990s. The New Yorker says that she was the first “most powerful woman” in US history.

They report a great story about Albright attending a meeting of the Association of Southeast Asian Nations (ASEAN) in 1998. She and the then-Russian Foreign Minister, Yevgeny Primakov, performed a skit for the assembled diplomats, despite growing tensions between Washington and Moscow over NATO expansion. They did a bit from “West Side Story”, with Albright playing Maria and Primakov playing Tony. To the tune of “America,” the two sang back and forth:

Albright: “America’s nobody’s enemy.”
Primakov: “So why do you practice hegemony?”
Albright: “I want to know what you think of me.”
Primakov: “Look in your file at the K.G.B.!”

Today it’s a different world. It’s hard to imagine Anthony Blinken and Sergei Lavrov doing a skit.

It’s also a different Washington. We’ve now had several female Secretaries of State. We have a female Vice President, and a woman as Treasury Secretary. Not all that Albright advocated or was a part of were with hindsight, the best actions for the US, but she left an indelible mark on the world.

Ginni Thomas won’t ever be able to wear Albright’s shoes (or her pins). From the WaPo we learned that Thomas exchanged at least 29 text messages with then-White House chief of staff Mark Meadows, as both of them strategized about overturning the 2020 election result.

Shortly afterward, her husband became the only justice to dissent when the Court granted access to Donald Trump’s White House records. Ginni Thomas has also since confirmed that she attended the “Stop the Steal” rally that preceded the Jan. 6 insurrection. That means Justice Thomas voted against disclosing information about an attempted coup that Ginni Thomas supported.

It’s ridiculous that Ginni Thomas, who tried to directly influence Meadows and Trump, thinks that we will believe that she would not try to influence her husband. Together they are a stain on public life.

The same day the Thomas scandal broke, Supreme Court nominee Ketanji Brown Jackson told the Senate Judiciary Committee that she would recuse herself from a major case involving Harvard University, where she serves on the governing board. That’s what true public servants do. They respect the norms of civility. On to cartoons.

Ginni’s world:

A fair and sober hearing:

Good question:

A clown show broke out in DC:

The difference:

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Sunday Cartoon Blogging – February 6, 2022

According to Worldometer data, the US Covid death toll is now at 924,000. Last year, on June 1, 2021 the US death toll was 615,000. That’s the minimum number of deaths we could have suffered prior to the widespread availability of Covid vaccines in the US.

That 600,000± pre-vaccine death toll is comparable to the deaths that occurred in the Civil War. We’ve studied the Civil War for generations, although it’s doubtful that the Republican Right wants America to study all that much about Covid. On to cartoons.

As someone (?) once said, it takes a village, and we don’t have one:

The Olympics are on TV. Should we watch? Views differ:

Supreme Court nominations of women through time:

Biden’s alternate nominating strategy:

Trump doesn’t care who knows:

Putin and Biden ridin’ around the Ukraine speedway:

The NYT said on Saturday that portions of the Russian army near Ukraine have reached full combat strength. No one knows what will happen next, but there seem to be two likely outcomes. First, that any conflict is limited to Ukraine territory or second, that it moves beyond Ukraine to other parts of Europe.

If it goes beyond Ukraine’s borders, we could quickly find ourselves again on the threshold of nuclear war, since that’s a red line for NATO. But Russia also has other cards to play. They could launch massive cyber-attacks on the US, attacking and disabling our power grids, communications systems, and/or our financial system.

We would try to do the same inside Russia.

Wrongo isn’t trying to spread fear. He’s expressing the hope that we can get past all of the hollow political posturing and take a cold, hard look at what we’re truly trying to achieve if we decide on military intervention on behalf of Ukraine.

In a sense, the world changed on Friday when China’s Xi and Russia’s Putin met in Beijing. Their joint statement is unequivocal. China & Russia are now explicitly willing to at least challenge or possibly replace, Pax Americana, in Eurasia.

Borrowing from ancient history, in 560 BC, King Croesus was considering war on Persia. He consulted the Oracle at Delphi. Famously, the Oracle’s forecast was “If you make war on the Persians, you will destroy a great empire”. Let’s hope that Biden is receiving less ambiguous advice.

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Reform the Supreme Court

The Daily Escape:

Valley of Fire SP, NV – January 2022 photo by Robert E. Ford

Glad to see January go, with it being the anniversary of the Jan. 6 coup attempt and all that came after it. What isn’t going away is the slow and continuing fracture of America’s social cohesion. We also remember that it was FIVE years ago that Trump was inaugurated. That was a sorry time, since it made it clear that he would get to appoint several Supreme Court justices.

The partisan rancor brought to Supreme Court appointments has become another fault line in our social cohesion. That’s due in part to changes in Supreme Court.

One recent trend in these appointments is how much younger appointees are: The typical tenure for Supreme Court justices in the 19th and early 20th centuries was around 15 years. But as the lifespan of American adults has lengthened over the past century, so has tenure on the Court. Since 1975, the average justice has retired from the court after serving 27 years. Breyer, who was sworn in on Aug. 3, 1994, matches the average perfectly. Soon it will be longer than 30 years.

Another issue is the hubris of elderly Justices. Justices Brennan and Marshall, both about 70 years old at the time, decided not to retire when Jimmy Carter was president, thinking he wasn’t liberal enough to appoint their replacements. They decided to wait for a more left-leaning Democratic president that they presumed would come next.

Liberals got lucky when Brennan retired in 1990,and David Souter replaced him. They weren’t as lucky when Marshall was replaced by Clarence Thomas in 1992. Thomas, the first GOP Justice was selected explicitly for his race and youth (he was 43) and still sits on the Court today, 30 years later.

The same scenario played out less than two years ago with Justice Ginsburg. She refused to retire during Obama’s presidency (after a direct appeal from Obama in 2013) when he correctly feared losing the Senate in 2014. She died in 2020 and was immediately replaced by the 48-year-old Conservative Justice Barrett.

Another trend is Judicial Supremacy. Once Justices realized that their power was almost completely unchecked under the Constitution, it wasn’t a big leap to find them ruling according to personal preference.

The Framers never foresaw how formidable the judiciary would become. Once the Supreme Court successfully claimed the right of judicial review — the power to strike down laws it deemed unconstitutional — it went from being the weakest branch to the strongest. Today, virtually every important political controversy eventually comes before the Court.

The public’s opinion about the Court has never been lower. A Gallup poll last September (just before the Texas abortion cases) found that just 40% of Americans say they approved of the Court’s job. This represents a new low in Gallup’s polling, which dates back to 2000.

The chart below shows the results of a new ABC News / Ipsos Poll asking if the Supreme Court’s rulings are partisan:

(Hat tip: Jobsanger) The poll was conducted January 28-29, 2022 and has a ± 4.9% point margin of error.

It’s clear that a plurality of Americans no longer trust the Court with their lives, or with the direction of the country. That’s what makes selecting a Supreme Court nominee such a high-stakes game.

If Supreme Court vacancies were more frequent and regular, confirmation battles would be much less likely to turn into political Armageddon every time. We should be asking whether life tenure for Supreme Court justices still is legitimate, regardless of which Party controls Congress or the White House.

The Framers of the Constitution feared that the judiciary would be the weakest of the federal government’s branches and the most susceptible to political pressure. They therefore sought to bolster the Court’s independence by ensuring justices could stay on the bench for as long as they wished.

But the only alternative to a bad Court decision today is for 2/3rds of both Houses of Congress followed by 3/4ths of all States to change it by Constitutional Amendment. A nearly impossible and time-consuming process.

Instead, we should enact term limits for the Supremes. With nine Justices, one Justice’s position should expire every two years (essentially giving each an 18 year term). After serving on the Court they could fulfill their lifetime appointment by continuing to serve as “Justices Emeritus” on one of the regional Courts of Appeal.

This isn’t a partisan idea. Many Republicans endorse term limits. Among those who have endorsed it is Justice Stephen Breyer. Numerous polls in recent years show widespread support across Party lines for limiting Supreme Court justices’ terms. Everyone can tell that life tenure on the Supreme Court isn’t working. It’s time we replaced it with something better. America’s social cohesion depends on it.

Speaking of social cohesion, spend a few minutes watching this affecting commercial for Heineken. It celebrates communication, listening, and getting to know others who have different viewpoints:

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Sunday Cartoon Blogging – January 30, 2022

Well, this was predictable. NPR reported that China’s ambassador to the US warned that the US could face a possible “military conflict” with China over Taiwan:

“If the Taiwanese authorities, emboldened by the US, keep going down the road for independence, it most likely will involve China and the United States, the two big countries, in a military conflict.”

It isn’t a coincidence that China raises the specter of war while the US is focused on a possible threat by Russia in Ukraine. This week, 39 Chinese military aircraft flew near Taiwan, including two of China’s most advanced warplanes, their J-16D jets. Military analysts think that the J-16D has capacity to interfere with Taiwan’s defense radar systems and could make a huge difference in combat.

This is more evidence of how strategically fraught America’s legacy global policies are in a multi-polar world. Russia is threatening NATO and our Western allies, while simultaneously, China threatens our strategic position in Asia. We haven’t fought a two-theater war in 77 years, and haven’t won a war since.

It’s ironic that neither Taiwan nor Ukraine are formal mutual defense treaty partners with the US, yet US defense hawks think we should defend either or both. On to cartoons.

Surviving is difficult when you live in the wild:

Some voices on the Right support Russia:

Breyer retires, but opinions differ on who owns the right to replace him:

There seems very little Republicans can do to stop Biden from filling this seat, since there’s no filibuster for Supreme Court nominees. That was taken away by Mitch McConnell, during the nomination of Neil Gorsuch.

Mitch looks for a loophole:

The never-ending Republican hissy fit:

Art Spiegelman’s Pulitzer Prize winning book, “MAUS”, is a memoir about the Holocaust. It was banned last week by a school board in Tennessee. In the book, the cats are the Germans while the mice are the Jews:

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Saturday Soother – January 29, 2022

The Daily Escape:

Dawn, Zabriskie Point with Panamint Range in background, Death Valley CA – January 2022 photo by Rick Berk Photography

Various thoughts on a snowy Saturday in Connecticut.

First, in a turnaround from recent polls, a Marquette Law School nationwide survey of adults finds that Biden leads both Florida Gov. DeSantis and former President Trump in hypothetical 2024 matchups:

“In a head-to-head matchup, DeSantis is supported by 33%, while Biden is supported by 41%. A substantial 18% say they would support someone else, and 8% say they would not vote.

In a Trump versus Biden rematch, Trump receives 33% to Biden’s 43%, with 16% preferring someone else and 6% saying they would not vote.”

The survey was conducted between Jan. 10-21, 2022. It surveyed 1000 adults nationwide and has a margin of error of +/-4 percentage points. There are always a few outlier polls. Could this be accurate?

Second, even before Justice Breyer announced his retirement, Republicans already had their usual hissy fit over Biden’s decision to name a Black woman to the Supreme Court, implying that she would be an “affirmative action” hire. Republicans on Twitter are prejudging any Black woman nominee as inherently inferior and underqualified.

Ilya Shapiro, a conservative lawyer who will soon teach at Georgetown Law, made it clear that he thinks being Black and a woman means the person is innately unqualified for the Supreme Court. In a since-deleted tweet, he lamented that since his preferred candidate for the job “doesn’t fit into the latest intersectionality hierarchy so we’ll get a lesser black woman.”

Shapiro is the same guy who wrote in 2009 that Sonia Sotomayor’s nomination “confirmed that identity politics matter
 more than merit,” showing that this is who he’s always been. Wrongo is appalled that my alma mater just gave this guy a job.

George Washington University’s Jonathan Turley tweeted that Biden’s pick will cause uncomfortable moments on the Court because:

“…when the justices will hear arguments on the use of race in [college] admissions, one member will have been selected initially through an exclusionary criteria of race and sex.”

He thinks it will cause uncomfortable moments for the White majority on the Court. This is from the same crowd that was fine with the White Catholic Amy Coney Barrett, who had never before been on the bench or even argued an appeal, being on the court.

Third, more about yesterday’s discussion on education, in which we said that the Right-wing is using the slogan of “parental control” to rationalize imposing changes in school curricula and libraries. A school board in Tennessee voted unanimously to ban “Maus,” a Pulitzer Prize-winning graphic novel about the Holocaust from being taught in its classrooms because board members said the book contains material that was inappropriate for eighth grade students. Members also objected to a cartoon that featured a drawing of a “naked” mouse.

Wrongo has read “Maus” and recommends it to readers of all ages.

And there’s this gem from Indiana: HB 1362 mandates that teachers adopt a posture of impartiality in any conversation about controversial historical events. It goes on to state that in the run-up to a general election, students must be taught that: (emphasis by Wrongo)

“Socialism, Marxism, communism, totalitarianism, or similar political systems are incompatible with and in conflict with the principles of freedom upon which the United States was founded. In addition, students must be instructed that if any of these political systems were to replace the current form of government, the government of the United States would be overthrown and existing freedoms under the Constitution of the United States would no longer exist. As such, socialism, Marxism, communism, totalitarianism, or similar political systems are detrimental to the people of the United States.”

We’re now seeing a deadly combination against public education: parents plus legislators following the marching orders of a Right-wing media complex that spews disinformation.

Time for us to kick back and enjoy our Saturday Soother.

If you live in the Northeast, you’re not going to be driving or working outside today, what with the 50+ mph winds and the 1-2+ ft of snow. So start by brewing up a cup of Pearl District Blend ($17.00/12 oz.) from Portland, Oregon’s Cycletown Coffee Roasters.

Now grab a seat by a window and listen to Giuseppe Verdi’s “Va, pensiero“, also known as the “Chorus of the Hebrew Slaves“, from his 1842 opera “Nabucco”. It recollects the period of Babylonian captivity in Jerusalem in 586 BCE. Here it’s performed outdoors in front of a large audience in Naples, Italy by the orchestras of the Theater of San Carlo, and the National Academy of Sainta Cecilia, in July 2009. It’s not totally on point for Thursday’s International Holocaust Remembrance Day, but it’s beautiful:

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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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The Seat is Lost, The Election Isn’t

The Daily Escape:

Fall comes to Grand Portage, MN –September 2020 photo by Valjcoo

We now know that the Republicans have the votes to confirm another conservative Supreme Court justice before the election. Mitt Romney announced Tuesday that he supports moving forward with a Senate vote on Trump’s nominee to replace Ruth Bader Ginsburg. This means that Democrats have no shot at stopping the confirmation process before November’s election.

More tyranny by the minority. This might as well also be Romney’s announcement that for better or for worse, he’s running for president in 2024.

Substantively, a 5-3 conservative vs. liberal breakdown on the Supreme Court was already going to result in the death of the ACA when the justices hear the case on November 10. So, a 6-3 division probably doesn’t mean that we’re going to be all that much worse off, legally.

The remaining question is whether the nominee will be the Cuban-American judge from Florida. Choosing her will probably secure the state for Trump in November, so why not just go ahead and make the entire Supreme Court a political fiasco?

In fact, getting the complete conservative takeover of the Supreme Court done before the election may keep more than a few Trumpists away from the polls on November 3d.

Choosing an ideologically pure judge is far more important to Republicans than it is to Dems, who rarely make it an article of faith in our elections. During the Senate Judiciary Committee hearings, the Dems will take the opportunity to demonstrate again how ineffectual they are.

They need to be careful not to engage in something suicidal just before what is truly the most important election in our lifetimes. As Wrongo has said, the loss of this seat was predetermined by Hillary’s loss in 2016.

Of course Democrats should drill deeply into whomever the Republicans nominate; that’s how the game is played.  Of course they should oppose the nominee in the Judiciary Committee, and then lose by a straight-party vote. Of course they should make principled speeches in the well of the Senate before they lose another straight party line vote that will confirm Trump’s nominee.

They should scream about it, say the gloves are off, and then go out and take the White House and the Senate.

Dems need to get back to the totally mismanaged COVID response. It’s the overriding issue of this election, even more significant than the death of Ginsburg. There will be at least 250,000 COVID deaths by the time of the election, and no Republican cares or will say anything about it.

Dems need to get back to asking if Trump has delivered a better life to us. He hasn’t. There were no big wage gains, and no 5% annual GDP growth. He’s only delivered huge unemployment, and unnecessary deaths. The rich have gotten enormously richer, and there is the hate, and all of the lies.

But the Electoral College still looms large. Wrongo’s former colleague is driving across America on the back roads, photographing what he sees. And what he sees is mostly empty spaces. As he moves from urban and suburban areas to exurban and rural areas, the Biden signs disappear, Trump signs dominate, and finally become exclusive. He documents front yards with temporary canopies set up to hand out Trump paraphernalia. Pickups looking ISIS-like with Trump and American flags flying from poles mounted in the truck beds. Here’s a photo of his taken in Virginia City, NV on 9/20:

September 2020 photo by OHeldring

The flags are for Trump, the Kansas City Chiefs, and “Don’t Tread on Me.” Add in the vintage Ford, and it’s an ordinary day in rural America!

An important indicator for November 3d will be voter participation in rural areas, which we should expect to be very high. This November, Wyoming will cast three Electoral College votes, one for every 190,000 residents, while California will cast 55 votes, or one for every 715,000 residents. One person, one vote has died. Here’s Steve Coll with some perspective about the Electoral College:

“The system is so buggy that, between 1800 and 2016….members of Congress introduced more than eight hundred constitutional amendments to fix its technical problems or to abolish it altogether.”

He reminds us that in 1969, the House passed a Constitutional Amendment to establish a national popular vote for the White House. At the time, Nixon called it “a thoroughly acceptable reform”. Alas, it was filibustered by Southern Senate segregationists.

These days, just two words sum up the state we’re in: “Stay Safe.”

It only took four years for Trump to wreck everything. Whenever the Trump years pass, our democracy, assuming that it endures, needs a major repair job.

That starts on November 3.

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We’ll Be Ruthless in November

The Daily Escape:

Capitol Peak, CO from the Upper Capitol Creek Trail – September 2020 photo by CampsG

“Stand your ground. Do not fire unless fired upon. But if they mean to have a war, let it start here.” – Col. John Parker, Commander of rebel forces, Battle of Lexington

America is already at war with itself. And that was before the thermonuclear bomb of Justice Ginsburg’s death. We need to avoid getting distracted by the shenanigans of Republicans around a Ginsburg replacement, and instead, use it to take back the White House and the Senate.

Wrongo believes that the efforts by Republicans over the next 42 days to ram through another conservative justice may be successful at shaping the direction of the Supreme Court. But successful or not, it will increase the number of likely anti-Trump voters.

One thing that points to better Democrat engagement is that the Democrat’s fund raising site, ActBlue, has raised more than $100 million since RBG’s death. This suggests that the looming court vote is energizing Democrats in a way that Biden hasn’t.

And it’s fantasy to ask Republicans to throw away the chance to get a third Supreme Court justice. They’ve spent the last four years losing their dignity defending Trump. And they’re not throwing it away now, particularly if they think Biden wins in November. So stop showing old sound bites or op-eds by Republicans saying they wouldn’t support a lame duck appointment of a Supreme Court justice. The President and Senate control the nomination process. Nothing in the US Constitution prevents them from filling a vacancy, whenever it occurs, assuming they have the votes.

Sure, it’s a violation of tradition. Not like we haven’t seen plenty of that since 2016.

But if Trump’s nominee makes it through the Senate, Trump may be making himself redundant to conservatives. The fear that a Democratic president will appoint justices who will swing the Court far to the left will be gone.

But there’s a wildcard that could upset the Senate vote count for a nominee to replace Ginsburg, if it happens after the election. The NYT reports:

“The winner of the Arizona Senate race could be seated in time for a vote on a Supreme Court pick…”

Should Mark Kelly, the Democratic nominee for Senate in Arizona, beat sitting Sen Martha McSally, he could be sworn in as early as Nov. 30, since Sally is filling an expiring term. Hypothetically, a Kelly win would narrow the Republicans’ majority to 52-48. This could make it difficult for McConnell to round up enough votes, since Sens Collins and Murkowski have said they think the nomination should come after the inauguration on January 20, 2021.

If you are fired up to prevent Trump from placing a third conservative justice on the Supreme Court, send money to Mark Kelly at markkelly.com.

The tyranny of the minority is something that Wrongo has written about before. Our Constitution gives an unfair advantage to underpopulated states. By 2040, according to a University of Virginia analysis of census projections, half of America’s population will live in eight states. About 70% of people will live in 16 states, meaning that 30% of the population will control 68% of the Senate.

From Heather Cox Richardson:

“Both of the last two Republican presidents—Bush and Trump– have lost the popular vote, and yet each nominated two Supreme Court justices, who have been confirmed by the votes of senators who represent a minority of the American people. The confirmation of a fifth justice in this way will create a solid majority on the court, which can then unwind the legal framework that a majority of Americans still supports.”

When Scalia died in 2016, Republicans had a 54-46 majority in the Senate, despite the fact that Democratic senators represented about 20 million more people than Republicans in 2016. Two years ago, Neil Gorsuch became the first member of the Supreme Court in American history to be nominated by a president who lost the popular vote and who was confirmed by a bloc of senators who represent less than half of the country. The second was Brett Kavanaugh.

It also impacts the selection of Presidents. The tyranny of the minority has allowed five men who lost the popular vote to become president: Trump, George W. Bush, Benjamin Harrison, Rutherford B. Hayes, and John Quincy Adams. A scary thought is that some analysts think Biden needs to win the 2020 popular vote by at least 6% to carry the Electoral College.

It’s time to remember that Trump has confirmed 53 Republican Appellate court justices in four years, compared to 55 in 8 years for Obama.

It’s time to punch back.

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Sunday Cartoon Blogging – RIP RBG

RIP RBG:

After Trump won in 2016, Wrongo was certain that the great failure in Hillary Clinton’s loss would be that Trump could replace three Supremes in his first term. Later, Wrongo became convinced that RBG would make it until the 2020 election, if not until after the 2021 inauguration, limiting Trump to two new Justices.

Maybe we all needed to believe that she would hold on, but when Wrongo’s phone lit up in a BBQ joint on Friday night, he was sad, but not surprised.

Just when we thought 2020 couldn’t get worse, we’re about to become a part of an even uglier political fight than we thought we’d be having. If you’ve been working on “2020 Worst Case Scenarios,” it’s time to start over.

This new court vacancy obviously has long term consequences for many social issues, for voting rights and immigration. But think about the implications of a contested election and a potential 4-4 or 5-3 split if the decision on who becomes the next president is decided by the Supreme Court.

It’s doubtful that the nation as we knew it will survive.

When RBG’s death was announced on Friday, Senate Majority Leader McConnell vowed to hold a vote on a replacement for RBG. Trump tweeted on Saturday morning that Senate Republicans have an “obligation, without delay” to act on his nominee to the Supreme Court.

But the big question is whether McConnell can get the votes to confirm a Supreme Court Justice with only six weeks left before the presidential election.

There are two scenarios that could play out. McConnell might bring up a Trump nominee before the election, and try to get the needed 51 votes to confirm, but that looks like a long shot. He could also wait, and take the vote after the election in the lame duck session, regardless of who wins the presidency.

McConnell has a 53-47 majority in the Senate, so he can afford to lose three Republican votes, either before or after the election, since Vice President Pence could break a tie, casting the deciding vote.

The first scenario may prove difficult, since there’s just six weeks until the election, and one-third of the Senate wants to be at home campaigning.

In the lame duck session, assuming a Biden win, and a coming change in power in the Senate on January 1, it looks like Sens Collins (R-ME) and Murkowski, (R-AK) wouldn’t vote for a Ginsburg replacement. Sen Romney (R-UT) isn’t a sure supporter of a vote either. Sen Thom Tillis (R-NC) is in a tough fight, but has said he will vote for Trump’s nominee. Sen Martha McSally (R-AZ) has indicated that she will also vote to confirm. Sen Cory Gardner (R-CO) may be a swing vote for a Ginsburg replacement in the lame duck session.

Imagine a scenario where Trump loses the election, and the Senate, but tries to push through a conservative justice before January 1st. There would be public outrage, but there isn’t any legal barrier to the Republicans doing that.

However it unfolds, we mourn Ginsburg’s absence from the Supreme Court. She was one of the great lawyers of her generation, one whose judicial career largely was focused on being a witness to, and a dissenter from, a series of attacks on the Constitution.

We need to mourn the evisceration of our process of selecting Supreme Court justices. We also mourn the toxic politics that we’re going to wallow in for the next 44 days until the election and then, for the 78 days until the inauguration.

RIP Ruth Bader Ginsburg.

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Russia and Kavanaugh

The Daily Escape:

Moscow supermarket – October 2018 photo by Wrongo

The two topics in the headline are not related.

Wrongo and Ms. Right are back in the US, jet-lagged, and at home in the Mansion of Wrong. Our Russia trip was an eye-opener. In St. Petersburg and Moscow at least, Russia seems to be a wealthy country by global standards. People seem to be well-informed about their history, and about the current geopolitical climate in the west. They are consummate consumers.

We saw quite a few churches, but the Russians we spoke with didn’t seem to put much emphasis on their faith. Increasing their income and getting ahead in a career sense seemed to be the primary thing that interested them. “Pragmatic” best describes the people we met. They are strivers, and hope that their government won’t screw up what the citizens finally have going for them.

Mostly, we were struck by how similar the Russians we met are to the average American. We had lunch with a couple in Uglich, a poor town of about 30k residents that is about 125 miles north of Moscow. The town hasn’t benefited from the 18-year economic expansion in the Russian Federation, and has unemployment in the 25% range. It also has a declining population, and crumbling infrastructure.

The couple we met had both lost their jobs in the 1985 Perestroika period under Gorbachev. Thirty-three years later, the husband has a part-time government job, the wife is unemployed. They grow most of their food in their Πacre garden. Their refrigerator is covered with pictures of the grandkids, who visit every few weeks.

Their message to us was that people everywhere have the same hopes and dreams, but the politicians always want to demonize the outsiders.

We returned to American just in time to start calling Brett Kavanaugh “Mr. Justice Kavanaugh”.

It’s not worth dwelling on his confirmation process, or repeating stale arguments. It is time to gather ourselves, to register non-voters, and turn out all the votes we can on November 6.

It also isn’t the time to overthink the closing arguments for November, despite polls that show Republicans being energized by the Kavanaugh confirmation. But, it is important to understand GOP messaging for the midterms. From the WaPo’s article, ‘An angry mob’: Republicans work to recast Democratic protests as out-of-control anarchy:

Weeks ahead of the midterm elections, Republicans have cast the Trump resistance movement as “an angry mob,” a term used by many of them to describe a faceless amalgamation of forces that they say threaten the country’s order and, they hope, energize their voters.

Think back to the Tea Party protestors who disrupted town hall meetings in 2009. From today’s GOP viewpoint, they were just good citizens exercising their First Amendment rights. And all those people who chant “Lock her up!” at the encouragement of their dear leader? They really don’t mean anything by that, they’re also exercising their right to free speech.

But when a few liberals pound on the doors of the Supreme Court, that’s mob behavior, and it can’t be tolerated. In Trump World, crowds of marching alt-right men with tiki torches = some very fine people.

And crowds of protesting women in Washington = angry mob.

We should remember that the American Revolution wasn’t a polite discussion; it involved mobs making a point, too.

Democrats are on the edge of winning the House. Before Kavanaugh, they had a long-shot chance at taking the Senate. Right now, Dems need to be smart. Richard Nixon won because he scared Middle America with pictures of immoral hippies who were demonstrating against the Vietnam War.

Let’s assume that those of us who are already energized to vote can work to figure out how to reach those who are only half paying attention, or who plan to stay on the fence all the way until Election Day.

It is clear that accusations of the type made by Dr. Ford don’t resonate with GOP voters. Roy Moore’s near-pedophilia didn’t seem to change any Republican minds in Georgia. Whenever a Republican is under attack by the liberals, it’s always the time for the rest of them to circle the wagons.

There is no single, lock-step message that Dems should use to take both Houses in November. The best antidote for those “Energized by Kavanaugh” Republicans is for the rest of us to get, or stay, more energized.

There is zero to be complacent about. The Dems could remain in the minority in both Houses after the mid-terms if they fail to turn out their voters in November.

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