Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Monday, June 30, 2014

Observations of the SCOTUS Hobby Lobby Ruling

mintu | 7:02 PM | | | | | | | | Be the first to comment!
Well, the damage is done for another Supreme Court calendar year, finishing up with a ruling on corporations refusing to provide healthcare coverage to employees with regards to birth control medication and devices...  while I'm not a legal scholar, I've been a witness to history and American politics long enough to understand a few things:

1) The ruling clearly puts the religious beliefs of an owner over that of the employees: rather than try to find a spot between which the owner's beliefs won't conflict with the employees, the Court took a side... which hurts more people (workers and their families) more than it would have hurt the owners.

2) Justice Alito's contention that the ruling specifically affects birth control makes it clear the decision was about abortion and not religious liberty (despite what the fundamentalists think, those issues ARE separate).  The ruling didn't bring into consideration other religious arguments against various medical treatments - for example, some churches object to blood transfusions and others might object to psychiatric meds - which means the Justices were only concerned for the one that mattered to them: the religious argument against abortion.  It didn't help that all five Justices ruling FOR Hobby Lobby are practicing Catholics, whose church decrees that birth control is equal to abortion (there's a sixth Justice who is Catholic, but Sotomayor is female, which brings us to the next point).

3) The ruling was passed due to five Justices all of whom - Roberts, Scalia, Alito, Kennedy, and Thomas - were not only Catholics but also all male.  The sixth male Breyer sided with the dissent, which was where the three sitting female Justices all argued against the ruling.

3a) Not to mention that the five Justices in favor are all Republican party appointees, with the four dissenters all Democratic.

If you were a Republican operative working on any outreach programs to young unmarried women (and even married women) who are in dire need of healthcare coverage to pay for medications like birth control (some of the meds are useful outside of birth control, such as reducing risks of ovarian cysts/cancer), all of a sudden you're going to find it VERY hard to find any women with any fondness for the GOP.  The Republicans were already having problems getting young women to support the party, now it's going to get worse...

4) While the Far Right and Pro-Fetus crowd may be celebrating the ruling, it needs to be said it is easier to rally your voters around a grievance than anything else.  Meaning the motivation is now all on the Democratic side of the midterms this year.

Now the Republicans will crow that this ruling hurts dreaded ObamaCare, and that may get the Far Right base out and voting this November.  But now the Democrats have motivation by pointing out to women voters that they need to get out the vote to keep Democrats in control of the Senate this 2014: It's the Senate that approves Supreme Court Justices after all, and the sitting Justices aren't getting any younger.  If Ginsberg - eldest of the left-leaning Justices - dies or retires with a GOP-held Senate (who will press for a Far Right candidate no matter what even with Obama making the nominations), that's a vulnerable vacancy that could secure a solid block for conservative rulings for a long time.  Or if any other conservative Justices dies or retires while the Democrats control the Senate with Obama making the nominations, that could well shift the balance of power in the Court away from the current 5-vote conservative side.

Either way, if women feel threatened by a conservative Supreme Court - and I'm willing to argue a lot of them will be, not just over abortion and access to healthcare but also employment and salary equality, access to education, access to voting (!) - they have a lot of motivation now to vote Democratic for Senate seats this 2014... and to vote Democratic for the Presidency (hi, Hillary!) in 2016.

This is still the key point: despite whatever the Supreme Court rules, it's still up to voters to put into political power in the White House and the Senate (as well as the House in Congress) those elected leaders who will pass the laws and enforce the laws that the Supreme Court rules upon.  It's up to the President and the Senate to put Justices onto the Court bench when the time comes.  It's up to the people - us - to vote the right people into office who will make damn sure the Court is made up of Justices who will follow the law rather than their own biases.

GET THE DAMN VOTE OUT WOMEN, AND FOR THE LOVE OF GOD DO NOT VOTE REPUBLICAN.

P.S. point 5) This is still a slippery slope where "religious liberty" is going to get pursued in other fields of debate, such as education, social services, what have you.  Relying on the Religious Freedom Restoration Act of 1993 to make this ruling is going to open up the possibility that questionable law can be argued for other ways the religious extremists can get around the restrictions and limits based on the Separation of Church and State.  This can get scary.
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Monday, June 16, 2014

When Courts Let Lying Prevail

mintu | 7:59 PM | | | | | | Be the first to comment!
Nothing good can come of it:

...If ever that could be said of a Supreme Court opinion, it would be Monday’s unanimous decision in Susan B. Anthony List v. Driehaus. The case seemed, at first glance, to concern the right to lie about politics. As properly decided by the Court, however, it only had to do with the abstruse doctrine of “standing to sue,” which requires a plaintiff challenging a law to show an “actual injury,” not just a political objection to the law.
The plaintiffs want to challenge an Ohio state law that bans “a false statement concerning the voting record of a candidate or public official” within a specified period before a primary or general election “knowing the same to be false or with reckless disregard of whether it was false or not.” (Their petition counted at least 15 other states that have “false statement” laws.) Because there is no action pending against them now, a lower court held they had no standing.
The issue presented to the Court thus was narrow. That may be why the opinion was delivered by Justice Clarence Thomas. Thomas has idiosyncratic views on free speech, and rarely gets to write a majority opinion on a First Amendment question. His opinion said only that a political group that might be penalized down the road for making “false” statements in future campaigns had standing to go forward now with a lawsuit...

The problem with this decision is subtle but important: while it looks like it gives PACs and candidates the right to fight back against governmental oversight with too broad and vague a reach, it lays the groundwork for elections to be filled with the worst sort of mudslinging and negative campaigning.  While we already have a huge problem with negative campaigning, there is at least a method in place to stop or limit such bad behavior through the threat of sanctions by state-level authorities.  This ruling can be the first step towards eliminating such authority down the road.

The Court doesn't seem to recognize - when you look at other recent rulings making it easier to lie to the public - the implications of lying in the public forum.  They're thinking about the specific harm against an accused or a victim of the lie, or the specific harm against the person or group making that lie.  They're not looking at the effect that lie has on everybody else.

Our voters, our citizenry, rely on being well-informed - informed to the facts, and with accuracy - in order to make decisions when voting for elected officials and voting for public referendums.  When they're being told falsehoods about a candidate - "Oh, that one eats babies!" - or a political issue - "Gay marriage causes hurricanes and earthquakes!" - it confuses the public dialog, making it more difficult for reasonable, common sense political fixes to get made.

We're still dealing with the massive fallout of one of the biggest falsehood campaigns our elected officials pulled: we're still coping with the lies Bush and Cheney and their administration spread across the nation's media outlets about Iraq being a backer of Bin Laden and with Saddam wielding an arsenal of WMDs.  More than 12 years later, we've got a radically divided Iraq on the verge of sectarian collapse because we got lied into an invasion and ill-planned occupation, and as the nation most responsible for the damage Iraq is in now, we're looked at paying the costs of trying to keep that war-torn nation afloat... even as the liars who got us into the mess are making more noise about what to do (bomb 'em some more, for the most part) about it.  All because those liars never got held accountable, because they kept selling their snake oil and their BS to the electorate still voting themselves or their allies back into office giving them political cover to lie some more.

This is the damage lying can cause in politics: lying distorts, lying ill-informs, lying kills.

We need stronger laws in place to stop candidates and campaigns from making false accusations and outright lies.  At some point, the facts have to matter.  The truth has to matter.


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Sunday, April 27, 2014

This Week... No, This Year... Hold On, This Ongoing Timeline In Racism

mintu | 1:56 PM | | | | | Be the first to comment!
It's telling that some of the major news stories of this past week (actually, the past year, no wait the past decade, wait wait let's take this all the way back to 1963, but if we do that might as well drag it out to 1877...) has been about racism in America.

We had a Supreme Court led by a Justice in Roberts - who openly operates on the idea that the way "to end discrimination is to stop discriminating", as though not focusing on the problem will make it go away - issuing a recent ruling in favor of states that vote to end affirmative action policies for colleges.

The big news story of the week started off with a Nevada rancher, who spent years (decades) refusing to pay grazing fees for his cattle on public lands, stirring up an armed showdown against the feds that quickly turned Cliven Bundy into a Far Right, Tea Party, anti-government hero... who just as quickly got caught on tape making disparaging remarks about "the Negro" and claiming Blacks were better off being "happier" as slaves, to where most of the big-name Republicans who were cheering him on found themselves denouncing Bundy as fast as they could (with a few hardliners doing their best to defend the rancher or at least publicly tell him to keep his mouth shut before he digs a deeper hole).

And just this weekend, the sports world is aflame with reports and captured audio of a prominent basketball team owner - Donald Sterling of the Clippers - telling his mistress (oh by the by Sterling's still married, the adulterous lout) to stop bringing Black people to his Clippers' games (the argument apparently started over the girlfriend posting pics of her posing with Magic Johnson).  (P.S.: the mistress is part-Black, which adds a whole different layer of loathing to Sterling's issues)  The shocking element to this story is how Sterling's had the reputation of being a jerkass on racial issues for decades, ranging from unflattering dealings with basketball coaches and players to his mistreatment and disregard for the people who rent from his property holdings.  There'd been talk about doing something to slap some sense into Sterling... going back to 2006.  And only now almost 8 years later there are enough people honestly talking about it.

It just all piled up this one week, didn't it?  I mean, all this ignorance and hate.

Except it's been floating out there (I almost typed "flouted", but in some respects that word fits too) for years now...

Roberts' and the conservative SCOTUS Justices have just last year struck down the enforcement methods that kept the needed Voting Rights Act of 1965 functioning.  Roberts' reasoning seems to keep going back to his insistence on being literally color-blind - that pro-active efforts to fight discrimination were actually perpetuating that same discrimination - and therefore striking down enforcement provisions wherever possible.

Except that fellow Justice Sotomayor isn't having any of it, and has called Roberts out on his willful blindness:

...Sotomayor is not content to belittle Roberts’ formulation that racism will end when we stop helping minorities. She tells him that the act of ignoring pervasive structural racism is an abdication of judicial responsibility: “As members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society. It is this view that works harm, by perpetuating the facile notion that what makes race matter is acknowledging the simple truth that race does matter...”
...Roberts makes a substantive point in his rebuke of Sotomayor: Racial preferences may lead minority students to suffer shame and self doubt from racial preferences and that it is not “out of touch” to suggest that affirmative action doesn’t remedy race problems. But his deeper, sharper, point is that it is bad for the national dialogue about race for jurists to accuse one another of bad faith and lack of candor. His defensiveness at having someone explaining the limits of his own understanding of racism is palpable. He feels that he has been called out, shamed, and silenced. It is not clear whether or not he understands that his horror at being condescended to, his opinion disregarded, is among the very experiences of racial injustice that Sotomayor is describing...
Justice Antonin Scalia goes even further in his concurrence, describing Sotomayor’s logic in analogizing the Michigan anti-affirmative initiative to Jim Crow as “shameful.” In his view, she has crossed the line of poor taste by suggesting that racism in America today is as pervasive and toxic as it was in the 1950s...

With all due respect to Justices Roberts and Scalia... it IS still as pervasive and toxic as it was in the 1950s. It's as though Roberts and Scalia haven't noticed the high number of black youth getting shot at with Stand Your Ground laws in effect, or the indefensible policy of "Stop and Frisk" that overwhelmingly targeted Blacks and Hispanics over Whites. These Justices seem to think racism ended open discrimination Jim Crow laws were struck down in the Sixties and Seventies... little realizing that while those laws are gone the sentiment behind them is still out there wreaking havoc on our society.

And then you've got Rancher Bundy, Far Right Hero of April 22 2014.  The link here is to Ta-Nehisi Coates, who opens his essay with this point: "I've been laughing my way through the Cliven Bundy fiasco because, as Jamelle Bouie suggests, there may be no better example of racist privilege than the right to flout the government's authority and then back its agents down at gunpoint. Bouie asks, hypothetically, how we'd respond if Bundy were black..."

On the moment when Bundy's video got out to the media, Coates had more to say:

A couple days ago Jonathan Chait asserted that modern conservatism is "doomed" because it is "rooted in white supremacy." The first claim may or may not be true, but there's little doubt about the second. Whether it's the Senate minority leader claiming that America should have remained legally segregated, a beloved cultural figure fondly recalling how happy black people were living under lynch law, a presidential candidate calling Barack Obama a "food-stamp president," or a campaign surrogate calling Barack Obama "a subhuman mongrel," the preponderance of evidence shows that modern conservatism just can't quit white supremacy...
This is unsurprising. White supremacy is one of the most dominant forces in the history of American politics. In a democracy, it would be silly to expect it to go unexpressed. Thus anyone with a sense of American history should be equally unsurprised to discover that rugged individualist Cliven Bundy is the bearer of some very interesting theories...
It wasn't too surprising to others - like New Republic's Beutler - not just that Bundy was saying this stuff but that there's been an environment among conservatives for this ignorance for years:

...And now there's the lawless, mooching Nevada rancher Cliven Bundy, who takes things further than Robertson and argues that slavery, not segregation, was truly the golden age for "the negroes." Better to be enslaved than subsidized—unless your subsidy comes in the form of the public land upon which your cattle graze for free.
The right's special pleading for Robertson outstripped its special pleading for Bundy. Some conservatives have been willing to admit that Bundy's just an opportunist, not a tribune for individual liberty. But he nevertheless became a folk hero to high-profile conservatives like Sean Hannity and even some national GOP figures.
Today, most of them are either in full retreat from him, or pretending he never existed. Conservative radio host Dana Loesch is one exception. She isn't willing to throw him under the bus just yet, arguing that Bundy's problem may be a lack of polish rather than a rotten core: "I hope no one is surprised that an old man rancher isn’t media trained to express himself perfectly."
Bundy's either a hideous aberration, or another misunderstood soul. But he can't be representative of a subculture, because that would entail acknowledging that safety-net opposition and voting-rights opposition and other conservative policies draw political sustenance from sources other than heady libertarianism....
Same goes for (Duck Dynasty's) Robertson. And the Southern Avenger. And Chris McDaniel's surprisingly robust Senate candidacy in Mississippi. It's all just a weird coincidence...
The Daily Beast's Tomasky is clear on the whole coincidence point as well:

Come on, fellow liberals. Calm down. I guess maybe it’s fair to call Cliven Bundy a racist. That “picking cotton” business put it over the top, and wondering whether they were better off under slavery... 
OK, so Bundy’s a racist. It’s fine to point that out. But point up the fact that he’s a registered Republican? That’s where I draw the line, friends. I mean, come on. That’s just a coincidence. Total cosmic coincidence. Just like it’s a coincidence that that one black comic, a Barack Obama impersonator, was yanked offstage at an official Republican Party meeting in 2011 for telling a series of racially themed jokes. I mean, that could easily have happened at a Democratic—well, maybe not. But still. A coincidence. 
Just like it’s a coincidence that one federal judge who sent an email around to friends saying that Obama’s father was a dog happened to be a Republican. Complete and utter accident of fate, the puny matter of his voter enrollment.
Those rancidly racist T-shirts and posters one sometimes sees at Tea Party rallies? They’re just a coincidence, too. I mean, Tea Party people might not be Republican, strictly speaking, and it’s totally unfair to assume that! OK, Tea Party candidates run in Republican primaries, not Democratic ones, and the Tea Party caucus in the House doesn’t include one Democrat. But still. Guilt by association!
Bundy has a broad libertarian streak, too. But please, let’s not suggest that libertarian-leaning Republicans might be a little racist, too. I mean, again, what’s the evidence for such a statement? What—the fact that Ron Paul’s ghostwriter(s) of his newsletters in the 1990s had very clear Confederate sympathies? If I were you, I would be careful about drawing any inferences from that. It was a long time ago. And a sentence like this one: “Order was only restored in L.A. when it came time for the blacks to pick up their welfare checks three days after rioting began” ...well, admit it. It’s open to ambiguity. Can be interpreted in any number of ways. What’s that? You counter by telling me that all that was two decades ago? OK. You’re right. And you’re right that it’s also a coincidence that his son Rand’s ghostwriter—that’s Rand Paul, the current Republican front-runner to be the party’s presidential nominee in 2016—on his book also has expressed sympathetic views about the Confederacy? Remember this guy—called himself the Southern Avenger, was photographed wearing a stars and bars superhero kind of mask? It’s just a coincidence that he ended up in Rand Paul’s orbit...
And it's just a coincidence that it's been Republican-nominated Justices like Roberts and Scalia talking about how racism isn't the problem like it used to be in the 1950s...

Topping this all off has been the cherry of a sports owner who's been known for years to be a total dick: not just a racist but also a sexist and a penny-pinching miser of a team owner who kept his Clippers franchise a joke for years just out of sheer spite half the time.

This is a guy in Donald Sterling whose outside means of income of being a team owner is property rentals.  And has a bad history of that to boot: he's been sued multiple times for discriminatory practices, either banning certain ethnic types from renting or using dirty tactics to force those ethnic types out.

With regards to Sterling's behavior towards his rental tenants, that problem has been a major racial issue for decades itself: Coates' biggest discussions lately have revolved around poverty, race, and a policy of neighborhood segregation that kept minorities - Blacks above all - trapped in impoverished conditions regardless of their income.  Sterling's pretty much a poster boy for how those racial policies work in today's America.

So here we are, in Roberts' color-blind America: where Black kids get frisked for the crime of WWB or worse shot at by gun-toting angry guys; where the voting rights of minorities can get legislated out by the states where Republicans fear they'd lose in fair elections; where college admission guidelines can ignore maintaining any semblance of ethnic diversity without requirement to create alternative means of keeping minority enrollment up; where rental costs and neighborhoods suffer at the whims of landlords who express the worst about the very people trying to live under their roofs; where white guys get all the public support they need to break the law but whenever blacks rise up they get arrested or worse...

I'm with Sotomayor.  Racism isn't going to end by turning a blind eye to it.  Racism ends when you get in its' collective goddamn face and tell it you "dare to care."  You fight racism by calling it when you see it, and pointing out the flaws of logic that fear and hate bring to the issue.  You work to end it, you work to find solutions to the segregation we inflict on our communities, you work to get the kids to break the cycle of fear and keep them engaged with each other as friends, as allies against corruption and hate...

Meanwhile, the clock ticks and with it another day of stupid to defeat... sigh.

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Tuesday, April 22, 2014

Schadenfreude In Florida Episode 37: Tee-Hee Over The Pee-Pee

mintu | 6:58 AM | | | | | | Be the first to comment!
I wanted the subtitle to read "Losing the Pissing Match" but it's not exactly language that's Safe For Work and all...

That said, here's what the Supreme Court said to Rick "Medicare Fraud" Scott when he petitioned them to overturn the lower court rulings striking down his efforts to make state employees undergo "suspicion-less" mandatory drug testing: Piss off.

The U.S. Supreme Court on Monday rejected Florida Gov. Rick Scott's petition to review a ruling that his random drug testing policy for state employees is unconstitutional, the latest in a series of legal battles facing the governor.
The decision leaves in place a May 2013 appeals court ruling against Scott's 2011 executive order making consent to suspicionless drug testing a condition of employment. A judge had previously concluded that the program, covering up to 85,000 state workers, violated Fourth Amendment rights against unreasonable searches.
The 11th U.S. Circuit Court of Appeals did grant Scott some leeway, saying drug testing without suspicion could be used in "certain safety-sensitive categories of employees — for instance, employees who operate or pilot large vehicles, or law enforcement officers who carry firearms in the course of duty..."

Getting tested the one time you're getting hired - I've had to do that with each of the county and city library jobs I was hired to - may be questionable, but it's a one-time deal and an argument can be made then for doing it (part of making sure the applicant is fit to begin work).

But Scott and his ilk were pushing for ongoing testing even after getting hired, arguing they wanted "clean safe workplaces."  While testing someone who is clearly under-performing and showing the signs of drug abuse may be warranted, constantly testing everybody ignoring actual innocence becomes a form of harassment.  It's a violation of the Fourth Amendment protection from warrantless searches.  (It also runs the risk of tagging a clean person with a "false positive" result, and that's a nightmare nobody deserves to suffer)

There may be an argument for drug testing in the workplace (the courts did leave wiggle room to test high-risk employees like cops and drivers), but not when a crook like Rick "Kickbacks From My Chain of Clinics" Scott is making that argument.  This is a guy whose wife oversees the trust that Scott's business holdings were placed under - including a clinics chain Solantic that profits from Scott's efforts to privatize Medicaid programs - and who'll expect to make even more money pushing drug-testing programs - his push to drug-test welfare recipients is another bag of bad ignorance and unjustified punishment - that would have to use his clinics.  Putting his businesses into a "blind trust" isn't going to stop Scott from making decisions that will still profit himself and his family at the expense of the state.

Dear Floridians: this is why we don't vote Medicare Frauds into high office.  Please for the Love of God get the damn vote out this year and vote this crook out of the governor's office before he causes any more self-serving damage.

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Wednesday, April 2, 2014

The Game Is Rigged

mintu | 7:18 PM | | | | | | | Be the first to comment!
If Citizens United weakened campaign laws into a mass lump of jelly, the current McCutcheon decision from the Supreme Court pretty much kills off the rules altogether.
The remarkable story of how we have come to privatize political corruption in this country reached another milestone today as the Supreme Court, John Roberts presiding, handed down its decision in McCutcheon v. FEC, effectively demolishing the aggregate, two-year limit on contributions by individuals, and taking a big chunk out of Buckley v. Valeo, the misbegotten 1976 decision that got the ball rolling in the first place. It was a 5-4 vote, with the court split exactly as it had in the Citizens United case...
...Roberts writes: Significant First Amendment interests are implicated here. Contributing money to a candidate is an exercise of an individual's right to participate in the electoral process through both political expression and political association... The Government may no more restrict how many candidates or causes a donor may support than it may tell a newspaper how many candidates it may endorse... The aggregate limits do not further the permissible governmental interest in preventing Quid Pro Quo corruption or its appearance...
The thinking from Roberts and his fellow conservative Justices (the vote split 5-4 between Republican-chosen Justices and Democratic ones) seems to be that since they don't see any specific instances of Quid Pro Quo (Latin for I Scratch Your Back If You Scratch Mine) then there's no corruption at play here, ergo campaign money is not bribery.  They WANT to think money (which isn't free) is equal to free speech (which you shouldn't pay for).

But here's what happens in the real world now: a billionaire can cough up a sizable amount of money - say, $10 million, which is freaking pocket change to a billionaire - and put a lot of that into a SuperPAC... and now a good amount of those millions towards direct contributions that the political candidate for office needs to run an election campaign.  That billionaire is coughing up that $10 million with the expectation that the person(s) the billionaire is(are) backing will win... and will represent that billionaire's interests when the time comes to vote on key legislation.  The politicians know who it was that brought 'em to the dance floor, so they'll play ball and make their vote count for that billionaire... despite the possibility that vote goes against the interests of the 150,000 people from their district or the 18 million people from their own state.

It's one of the reasons why West Virginia is so f-cked up with its waters getting polluted by the coal industry owners: the politicians (both Republican and Democrat) are so beholden to those company owners that they've deregulated every safety guideline in the books... and ended up with polluted drinking water that's STILL making thousands of residents sick.  With long-term effects - cancer especially - still a huge factor.

As Pierce notes in his Esquire article: Four days after almost every Republican candidate danced the hootchie-koo in Vegas to try and gain the support of a single, skeevy casino gazillionnaire, the (SCOTUS) majority tells us that there is no "appearance of corruption" in this unless somebody gets caught putting a slot machine in the Lincoln Bedroom on behalf of Sheldon Adelson.

Sheldon Adelson has about a hundred politicians knocking at his door and sucking up to his political wants.  He's got billions of dollars.  Me?  There is no one knocking at my door and listening to my political wants (a jobs stimulus bill and fair wages, plus cheaper and faster Internet), because I'm making under $35,000.00 a year.  The most I get is the constant emails from Obama's OFA begging for another round of $50.00 I try to pass on every other year (and something that I can't even afford to donate right now).  See the difference, Justice Roberts?  I may have the free-speech ability to say what I want here on this blog and elsewhere on Facebook and on Ta-Nehisi Coates' open threads, but nobody in Congress even knows I'm here because I'm not waving a $20,000.00 check at their campaign handler.  This isn't fair or equal.  What's my $50 compared to Adelson's $10 million?

Molly Ivins kept warning us "It's not what's illegal that's the problem, it's what legal that should scare you."  She quoted that line once discussing how it was common in her Texas legislature (it might STILL BE) for businessmen to walk on the floor during a vote handing out blank checks to legislators voting on something those businessmen wanted.  What the Supreme Court has done has been to make it legal for the rich - the billionaire trust-funders, the megacorporations - to pay for easier access to the elected officials on the floor of the US House and Senate who will be indebted to the ones who paid their way.  And that easy access dictates how the government addresses its issues.  If a billionaire wants the politicians he gave money to promoting the cutting of taxes on the uber-rich, we're gonna see those politicians promoting the cutting of taxes on the uber-rich despite the majority of voters from those politicians' districts screaming "hey, we NEED you to tax the rich.  They're the only ones who can afford it anymore."

The Supreme Court is not seeing any corruptive Quid Pro Quo because they're not using goddamn common sense to see it.  Roberts and his Right-leaning cohorts are sticking to a narrow definition of corruption that doesn't apply to what's really going on. They can't see that Congress isn't focusing on the issues that the voters want - JOBS AND MORE JOBS AT BETTER WAGES - and they can't see that Congress is focusing on what the uber-rich want - TAX CUTS AND DEREGULATIONS that we've seen over the last 20 years don't effing work.

Elections are not a non-partisan, democratic process anymore in the United States.  Elections now are a billion-dollar industry, lacking any regulation or protection from corruption.  It's become legalized bribery all because the Supreme Court majority doesn't want to see it.

The only thing that can save us now is voting out the politicians most likely in the pocket of the uber-rich (hint: they tend to have an R bracketed between their name and their district/state).  But with gerrymandering and voter restriction attempts, that's not likely.  And with dismal Democratic voter turnouts in midterms... well...

This is why I keep screaming at you Dems to GET THE DAMN VOTE OUT.  And I'm not the only one screaming, I know.  So will you, Democrats?  WILL YOU FOR THE LOVE OF GOD GET THE DAMN VOTE OUT?  It is the only way to defeat the Roberts Court's intent to make this nation a kleptocracy.


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Wednesday, June 26, 2013

In This Case, the March Of History Goes Forward, Thank God

mintu | 4:38 PM | | | | | | | Be the first to comment!
Yes, yesterday's SCOTUS ruling killing off voting rights was a huge bummer.

Today, the Supreme Court rulings - in separate decisions - that the federal DOMA and California's Prop 8 were unconstitutional turned into a major gain for civil rights.

In truth, the SCOTUS rulings are not a final say on the matter.  Overturning DOMA meant civil unions were possible and that states that passed same-sex marriage laws could uphold them, it didn't grant gay marriage rights across the nation.  And the Prop 8 decision was that the persons who brought suit to the Supreme Court - third-party groups that backed the referendum, not the state of California itself - did not have legal standing to do so.

Still. This is a great day to be Pro-People.  Play on, Don Coates:

I haven't read any of my fellow writers yet, but I did want to take a moment to say how important this moment is in the war against inequality. I was tempted to say "social inequality" but in America, there simply is no real way to separate the social, the political and the economic. When the larger country decided to stand aside as South Carolina went about the business of disenfranchising half its citizenry, the weapon was political, but the implications were economic and social. With no access to the franchise, black people lacked the means to protect their wealth. The poverty of wealth which befell them then reinforced their status as social pariahs, and their status as social pariahs reified (sp?) the racist justifications for their disenfranchisement and the inglorious cycle was complete...
It must never be forgotten that in America, the right to marry is the right to protect one's family. Certainly the pictures of same-sex couples embracing and hugging warm the heart and are a powerful weapon in country that prides itself on fairness...
The state repossessing a couple's wealth because it finds them icky, is wholly unjust. It recalls a particularly horrible aspect of slavery--the assault on the families of people deemed to be outside the law. There is a particular war here, which better people than me can speak to. But power is at the core of the long war which began sometime in the mid-17th century with the passage of the first slave codes. The prohibitions against same-sex marriage are not simply about witholding the right to be pretty in a dress or dashing in a tux (though I would deny no one their day.) It is about ensuring that only certain kinds of people, and certain kinds of families, are able to amass power, and with that power, influence over the direction of our society...
It is wrong to strip people of wealth because you are bigot. It is wrong to strip people of the right to name their caretakers because you are afraid. It is wrong to make war on people because you can not get over yourself. And though today we may say that we have advanced, through much of this country, the wrong continues unabated...

The fight's not over, I'll agree on that point.  But this is akin to winning Gettysburg: there may be another two years of war but the end - marriage equality - is in sight.  And as we advance on these rights, making them stronger and making our nation stronger, we can keep fighting for all the other rights - the right to vote, the right to earn a fair wage, the right to live healthy - that are self-evident (Yup, I'm enjoying that phrase).

So let the celebrating begin!
Yeah, that's right.  Even the heteros can gay-marry now.  Deal with it, Mr. Huckabee.


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Tuesday, June 25, 2013

The March of History Isn't Supposed to Go Backwards

mintu | 7:15 PM | | | | Be the first to comment!
I was born in 1970.  Five years before, the nation passed a Voters Rights Act that ended a century of Jim Crow discrimination denying a sizable portion of our population from the God-given self-evident right to vote.

I didn't read up on history that much until high school, about 1984-85, around the 20-year anniversary.  They had it in the high school textbooks, which basically makes it ancient history to high schoolers.  For all I've known, the right to vote was meant to be as universal as possible regardless of race or gender (age being the only limiter with the 26th Amendment).

From all that I've studied on history - the slow, sometimes messy, march of ideas and ideologies towards an enlightened liberty and freedom of expression - I've rarely seen any situation where rights, once given, were later taken away.  The only times from what I saw was the Jim Crow era that took away the Black Man's right to vote for 100 years... and even then the VRA did away with that.  The rights came back, and it's been like that my whole life.

And now, I'm dreading that the rights are getting taken away again.  Something that shouldn't be happening.

The conservatives on the Supreme Court ruled in Shelby County v. Holder that a key provision of the VRA - Section 4, which provided metrics on what parts of the nation (Deep South states and key counties) had to get federal pre-clearance on any drastic changes to voting laws - was unconstitutional.  It basically neuters Section 5 (the authority of the Justice Department to act) until Congress ever decides to draw up a replacement metrics system that would pass Court's approval.  And considering the wingnut-controlled House and filibuster-stalled Senate, that will not happen.

My online friends among the Horde are mostly up in arms.  I'm upset as well.  Having witnessed just recently the Republican-controlled Florida government doing their damnedest in 2012 to deny people the right to vote - taking away early voting days, shutting down precincts, trying to pass a strict voter-photo ID bill, forcing county supervisors to purge voter rolls - I am well aware of how close we are to having one of our key rights - the right to vote, as sacred a right as free speech and right to assemble - taken away.  And not just the minorities like Blacks and Hispanics getting denied the right to vote through some complicated redistricting gerrymandering designed to hit ethnics, but poor people of every ethnicity (and a lot of women to boot) denied because they can't afford a photo ID, or college students denied because they tend to relocate often without a primary residence from which to vote.

For all the bad times I've seen our nation go through in my lifetime, I have never seen a moment where the march of history stepped backwards.  We're back to 1950 now, fighting the same damn fight to get people their self-evident right of equality before the law, their self-evident right to speak up and choose their representation, their self-evident right to be Americans.  And if it keeps going like this we'll be back to 1850 and what that all entails.

I hope to God this has the adverse reaction the goddamn Far Right Wingnuts expect: I hope to God this brings out the moderate voters in droves this midterms - the ones who usually don't show up when there's no President to choose - to vote the goddamn Republicans out of office and vote in people who will actually make government work and vote a new VRA into place.

That still hasn't been taken away: getting out the vote.  Not yet.  So there's work to be done.  Getting people registered right now no matter what.  GET IT DONE, PEOPLE.  Get EVERYONE registered right fucking now.  And get the goddamn vote out against the goddamn wingnuts.  Pardon my Swedish.

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