496 Comments

I believe the Supreme Court of the United States of the 21st is dismantling democracy itself. Three things: 1. Citizens United amendment making money "free speech" making it legalized bribery to buy our elected officials. They are now voting 95% of the time with their donors not their constituents. 2. The 2006 gutting of the Voting Rights act that they decided was not necessary any more. In particular taking out the pre-clearance clause giving states carte blanche to suppress voters and gerrymander the districts to the hilt. States rights are not absolute even for the originalists of the Constitution who gave Congress the right to curb rogue state taking away voting rights. 3. This ruling taking away women's rights and installing the supremacy of states rights and super majority legislatures to install autocracy over EXISTING Constitutional Rights. That they are taking away rights based on a future reading of the law is abhorrent. That the rule of law is also obliterated and replaced by vigilante injustice means means all rights are at state. The Supreme Court is illegitimate because of then Majority leader McConnell double shenanigans first refusing to even hear the Merrick Garland nomination a year from the election and then pushing through the nomination of Amy Barrett even after early voting had started. If there hadn't been contempt of the Constitution by Grim Reaper McConnell, who has been bought by monied interests, we wouldn't have a super majority far right court. I'll go further and say both Justices Kavanaugh and Thomas should be recused on any law involving women's rights since they have been credibly accused of violating women's rights although justice has never been served on them. So, I'm looking to see if impeachment is a tool Congress (which is so corrupt) could use to pull the Supreme Court back from destroying democracy and having them enforce the Guarantee Clause of the Constitution saying it is guaranteed that all states must have a republican form of government, i.e. represented by the people. Adding more seats to the Court is at best a kluggy temporary fix. The answer may be in terms limits when each member of the court gets a nine year term and one rotates off the court each year. For now, we have an illegitimate Supreme Court in Contempt of the Constitution and set on destroying democracy altogether. I'm going to write to Justice Sotomayor and Chief Justice Roberts about this. They have staff that read all letters sent them. Here's how: https://legalbeagle.com/5704017-write-supreme-court-justices.html Time to remove the stench of the current rogue court. We the People, all of us this time!

Expand full comment

I am beyond angry. I am outraged that a small group of individuals -- mostly male -- have the power to control what is NOT and has never been their right to control: a woman's right over her own body. That Texans can place a bounty on women's heads diminishes womankind even further! How dare they co-opt the moral agency of every woman and young girl?!!! It is a profoundly dark day, when we are stripped of our physical and moral rights, our self-hoods and our well-being. There can be no more depraved nor vile infringement of our unalienable freedom TO BE ... just to be.

Thank goodness for the power of the pen through Justice Sotomayor and through you, dear Heather.

There must be an uprising throughout this land to let the Supreme Court know how low they have descended in our eyes, in our esteem. We cannot disappoint our daughters and granddaughters for generations to come. OUR BODIES, OURSELVES, OUR RIGHTS!

Expand full comment

As others have pointed out, the court adopting this position means that every right that has been affirmed and enforced by the Warren and Burger courts is at risk, in fact all the rights of that have been enforced by the Supreme Court prior to 2016 are at risk, as well as New Deal precedents in the area of business regulation. It is not impossible to see all progressive 20th century jurisprudence on the chopping block.

Expand full comment

On December 10th, Maria Reza, the renowned Filipino journalist who started Rappler, an on line news service to preserve freedom of the press in the Philippines, a journalist under constant threat of prison and death, was given the Nobel Peace Prize along with another journalist. I understand from Reza's speech that the last time a journalist was given the Nobel Peace prize was in 1936 to a journalist held in a Nazi concentration camp.

I heard Reza's speech in full on Democracy Now on our local member supported radio station WERU. It was like listening to FDR during WWII talk to the public about the risks of fascism to our democracy and nation.

The following link is Reza's full video speech on YouTube. Ironically, it comes from a Hong Kong broadcast, under siege by China. I couldn't find it via a US broadcaster, under seige by Trump Republicans.

https://youtu.be/O0OWO9PJJfk

Reza's speech is the most important international speech on authoritarianism that I have heard in a time when every American and every nation should be concerned and fighting back against the legions of lies and misinformation, and attacks on facts, truth and those who endeavor to reinforce the foundations of freedom and democracy.

Share Reza's speech with everyone along with Isabel Wilkerson's book "Caste: The Origins of Our Discontent" which explains why our democracy and nation is under constant threat from within.

Expand full comment

Never thought that I would live to see this. My Dad and Uncles, long gone WWII veterans lied about their ages to enlist. They thought they had a duty to fight White Supremacy and oppression. They must be turning over in their Graves. My family didn't "cheer" Roe v Wade". They were humbly grateful that women would not need to die or be severely injured from "Alleyway Abortions". There was respect and humility at the dinner table when speaking of The Supreme Court. I'm 69 and find this country unrecognizable. Perhaps I was just a naive idiot marching in the 60's. My Parents (both Union Organizers at the Local Level would not recognize this Nation today. I'm afraid that I will die before some semblance of sanity returns. Apologies for the incoherent rant.

Expand full comment

Originalism is a sham. The partisan hacks on the Supreme Court wield it enthusiastically when denying reproductive rights, or environmental regulation. At the same time they conveniently forget originalism when extending “free speech” and religious rights to corporations. Originalism is a lofty-sounding, phony excuse for imposing a partisan, regressive, theocratic ideology on Americans.

Expand full comment

Suppose a liberal state like New York or California were to create a law that put a $10,000 bounty on the heads of anyone misusing a gun (or even owning a gun) and gave individual citizens the right to take action against gun owning individuals? How would the SC rule in that case? Have I got that analogy right?

Expand full comment

I wonder if other readers are as fed up as I am with extreme right wing victories that sabotage democracy, women's right to control their own bodies, safety in schools, control over the pandemic, containment of Russian imperialism- the list could be longer. I would vote for Joe Biden a million times over any Republican but sometimes I wish for a far more aggressive, crusading, take it to you, do or die approach to bills such as the For the People Act. What I'm saying is that I'd like to hear stronger language and stronger resolve from our current democratic leadership. No more tut- tutting from the sidelines but a wake-up call that gets everyone's attention.

Expand full comment

As a woman of the 60’s era, I am thoroughly pissed off! This Court leans so far over to the right that you can see each one of their ass-cracks. Sorry, if any of you find that offensive but after the many decades of writing letters, phone calls, protesting in the streets, etc., we women are being raped of our rights. These men (I will just leave Amy CB out of it as she is a useless piece of crap.) simply feel that they should continue to yield their “better than thou” attitudes about controlling the female gender. They know nothing about what a woman goes through when trying to decide whether or not to have an abortion, an unwanted pregnancy, a miscarriage, excessive bleeding, botched surgeries, not to mention the amount of money it costs. Then there’s further abuse if their partner isn’t supportive of their decision. Texas’ corrupt law makers have put a bounty ($10k) on the heads of all women if one of their relatives, friends or acquaintances finds out they aborting a fetus. Truly, how f*cked up is that??

Expand full comment

I was sent a picture of this quote months ago by a friend. It is by Thomas Jefferson. Can anyone help me find a “cite” for it, so I can send it to the Supreme Court? Here it is:

“ I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind as that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances. Institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.”

It is a message this supposedly “orginalist” court needs to hear!!

Expand full comment

And instead of covering this, the press is feigning victimhood because they have been called out on their unfair coverage.

New York Times top headline right now:

"As Biden talks of a boom, inflation and the virus weigh on Americans"

Followed by bullet points: "President Biden has struggled to sell strong growth and job gains to a public that appears more concerned about rising prices and a pandemic" and "While Mr. Biden has acknowledged the effects of price increases, he continues to say that the overall economic picture is brighter than consumer surveys suggest."

Talk about gaslighting! NYT has blatantly fear mongered over inflation while ignoring jobs, gdp, wage growth...that affects the public! Thats Biden’s point!

It's bad enough on its own. But when they neglect what Dr Richardson pulls together so clearly (and despite having a different full time job) it's infuriating.

We have to hold media accountable. Canceling my subscription, obviously.

Expand full comment

In 1979, my then-boss walked into the office ashen faced. One of our young female colleagues had been kidnaped, raped, beaten and left for dead about 40 miles outside the city the night before. She was still alive and undergoing surgery to repair the knife cuts to her face and abdomen. Devastated doesn’t begin to described our emotions in that moment. We were stunned, sad, over-the-top scared.

Kate survived, and returned to work about a month later. She appeared to be doing pretty well but all of us hovered a bit-me included. About a month after that, Kate went on “vacation.” Turns out, she was pregnant and needed time to decide what to do. She ended up getting an abortion,

I can’t imagine the mental stress of making that decision after being raped and beaten nearly to death- and she was only 26 when all that happened. Under current Texas law, she would have been forced to carry that pregnancy to term. Faced every day with the result of rape. I’m as sure as I’m sitting here that Kate would not have survived that. I know I couldn’t.

All of here are well aware that the current Republican Party consists of angry, mostly white folks, who feel entitled to regulate what goes on in the bedroom, what God to worship, who gets to be rich and who gets to decide. That women like Boebert and Taylor Greene don’t seem to see that the boyz are gunning for their liberty and property is gobsmacklingly stupid. Don’t get me started on Senator Collins’ hubris.

I was going to spend part of today doing some holiday shopping and prep. But we had 12 inches of snow yesterday so most of my time will be spent shoveling. Ugh. Hard on this 67 year old body - but quite beautiful in the morning light. I’m still a big kid when it comes to having a white Christmas and the view really is spectacular at the moment!

After shoveling, I will send some money to Planned Parenthood, then check in with my adult daughters. Their rights are under attack and so are the rights of all women, the LGBTQ community, people of color-including my Korean-American step daughter, and all people of color. We need to pass the voting rights bills and soon. But can I just whine for a minute and say its damned exhausting that we keep having to fight the same battle for life, liberty and the pursuit of happiness? Those justices just damaged my democracy! @&)!

Expand full comment

If some states wish to ignore our national government, perhaps it would be appropriate to unburden them from the billions of dollars in federal aid that they must administer. Perhaps states that do not wish to support the policies of the federal government should not receive more money from that government than the state sends to Washington in taxes.

Expand full comment

Gotta love Justice Sotomayor.

Expand full comment

When I was learning US History in high school, great emphasis was placed on the Bill of Rights, but we studied little, if anything of the other Amendments, and certainly not the far-reaching importance of the Fourteenth. Are we on the verge of returning to the (unfortunate) preeminence of States Rights over Federally guaranteed Constitutional Rights? I hope not, but honestly fear it will get worse before it will (hopefully) get better. Thank goodness for Justice Sotomayor, but she is (unfortunately) unable to stem this Revolution of the Right all by herself.

Expand full comment

Orginalists?

Not sure what that means exactly, but if it means to take the Constitution as it was originally written, all the females on the supreme court wouldn't even be allowed to vote, much less be a judge.

So if they want to go that route, they should resign to show that they truly believe in what they are saying.

Expand full comment