Rage and Sickness

It’s hard to know what to say this morning, after Kavanaugh’s nomination to former Justice Kennedy’s seat on SCOTUS received the endorsement of the Republican-controlled US Senate Committee on the Judiciary. I feel rage. I feel nausea. But merely expressing those feelings isn’t nearly enough. Even voting this November, while necessary, isn’t nearly enough. The Republicans have most blatantly betrayed the principles they claim to espouse and at the same moment betrayed the people they represent, the traditions of the Senate, the Supreme Court, and even the more abstract course of – and frankly possibilities for -justice in the USA. We must understand both the magnitude of the Republican betrayal as well as its motivations and its methods.

This can’t be the post that does that. There will be many books written about those topics by persons far more knowledgeable than I. But I know enough to appreciate some of the magnitude, motivations, and methods, and even something as lowly as a pseudonymous blog post can be part of the initial efforts to understand these things. This post won’t do much in that department. I will write more later today and certainly even more over the weekend. But right now I encourage you to think not of my rage or sickness, but of that of Republicans generally and Republican Senators specifically.

Lindsey Graham has been called out, most appropriately, for his outbursts in yesterday’s Republican debacle. His rage is quite visible, quite audible. If like mine your skin tightens and your hairs stand while listening to his wounded aggression, his rage is palpable. But what is the content of that rage? It is most certainly complex (in ways future books will show), but the lions share is visible to all: he rages at checks upon his powers and prerogatives. I submit that much of the Republican Senatorial rage is similar. He takes personally the idea that he must pay a political cost in voting to confirm the nominees that will enact his anti-woman, anti-abortion agenda. With Republicans the majority in the Senate, he expects to be able to pack SCOTUS. With Kavanaugh rendered obviously unfit due to the petty lies in his testimony that would make him a perjurer even were he entirely innocent of the assault on Dr. Blasey Ford and also by the partisan temper and conspiratorial thinking on display in yesterday’s testimony, there is little time left for Trump to nominate anyone new before the midterms. He has the majority right now, but his power to do as he wills to the future of the US Constitution, its judiciary, and its practice of justice is hedged, impinged. It is not even eliminated, as shown by the committee’s vote this morning, but it is made both difficult and politically costly by the nation’s witness of Blasey Ford’s testimony and Kavanaugh’s pettiness, dishonesty, and entitlement.

The sickness, well: there’s never been a time when the Senate hasn’t been sick. Classism, sexism, and racism (just to name 3) have plagued the Senate since its inception. Yet the Senate has made progress. Now instead of simply dismissing the idea of a woman Senator of south-east Asian dissent, we actually have a couple! We just don’t let them use the private elevator. With so much distance between 1789, cultural as much as temporal, it’s easy to imagine that change as gradualist. But the change in Senators’ votes and positions over time, while constant, differs vastly in rate at different times. Sometimes the change does seem to move us toward a better society. Other times it moves us distinctly backwards, undoing positive changes that came before. But more frequently than moving backwards, it does neither of these things: changes move us towards a worse, more unjust society, but not the same unjust society as years before. When I can better organize my thoughts, I’ll talk more about the sickness I see today that is different from the sickness I saw 27 years ago when the Senate tormented Anita Hill. But for now, I will satisfy myself by saying that I believe this is one of those times. The Senate is developing new symptoms of disease rather than merely re-experiencing some that had been in remission.

To say what must be said will take us years, so let us act first, even as we are uncertain of the details of any necessary solutions, even as we are uncertain of the details of all the present problems. Contact your US senator, if you have one. Do what must be done even if it seems all hope is lost. Do your Dylan Thomas. Learn your Edmund Burke. Together we will become our Margaret Mead.

 

The NYTimes & I Agree on Something

So, you may have read my recent post asserting that we need not focus on, much less prove, Christine Blasey Ford’s allegation of sexual assault against Brett Kavanaugh to justifiably oppose, even strongly oppose, his confirmation. Law professor Kate Shaw of the Cardozo School of Law at Yeshiva University has written an editorial for the NY Times that agrees with me in certain important ways, though she does implicitly place more importance on Blasey Ford’s allegations than I do.

She also adds something that I did not when I stressed Kavanaugh’s likely perjury during his own confirmation hearings – both his earlier hearings for a lower bench and also the current hearings on his nomination to SCOTUS. Whichever charges we deem most important – perjury over the past week or sexual assault 36 years ago – Kavanaugh is not being criminally tried and the standard of evidence thus shifts dramatically. Even the burden of proof shifts, though more subtly:

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Highlighting Wonkette Wisdom

There was a bit in a piece by Wonkette writer Robyn Pennacchia that was too good not to signal boost:

I have a theory on why women are the primary audience for true crime, for why we are the primary audience for crime procedurals. It’s because justice, for us, is a kind of escapism, it’s a kind of fairy tale — about as likely to happen in real life, to us or to anyone we know, as a pumpkin turning into a carriage. Nearly every single woman I know who has reported a rape or a sexual assault to the police has been told, more or less, to fuck off, nearly every one has been retraumatized. We have hundreds of thousands of untested rape kits, just hanging around in warehouses.

I, too, have watched hours of Law & Order in its original and SVU incarnations. I, too, have come to the conclusion that the criminal justice system is aptly named. How do I combine a dislike of how rule of law is exploited to produce its opposite and along the way perpetuate injustice after injustice with an affection for shows such as this? It’s exactly what Pennacchia said: fantasies can be as comforting as fresh baked bread.

Kavanaugh’s Nomination Should Fail, But Not Necessarily For The Reasons You Think

Just now there is a fucktonne of writing being produced about Brett Kavanaugh’s assault of Christine Blasey Ford. Here’s one on FtB. Here’s another. You can read them and the thousands of others like them if you wish. I’ve read some. I’m not going out and seeking more, because I’m not convinced that Ford’s allegation, even if proved true in every detail, is the best reason to kill Kavanaugh’s nomination.

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Will You Fucking Stop With This Silver Lining Shit?

So many people are suddenly writing pieces about how overturning Planned Parenthood v Casey (which is, in fact, the controlling precedent on abortion now), queer marriage, and anti-discrimination laws are a losing strategy for the GOP to put a shiny, happy face on the transformation of SCOTUS.

NO. If you’re tempted to go with this reaction, stop it right the fuck now. We do not sit back and let the Republicans enact hostility and hatred. It’s not even that there’s no truth in the position. Yes, inevitably conservative families will see relatives die. Yes, the 80% of people that support the right to have an abortion in at least some cases do constitute a large majority. Yes, if the 33% who believe that abortion should be legal in most cases and the 24% who believe that it should be legal in at least some cases could truly hurt the GOP if they voted to repudiate the fuckers.

But the implied argument is this: Ireland voted in abortion restrictions with Amendment 8 in 1983, sure, but after 35 years, innumerable hardships, and an uncounted number of deaths Ireland got the sympathetic victim of its anti-abortion policies that allowed them to overturn the provisions in 2018. These things don’t last, they’re saying. We’ll have our Savita Halappanavar, they’re saying. That makes everything okay, they’re saying.

Jesus Fried Chicken, NO!

The fact that we will inevitably have our Savita Halappanavars is exactly what makes this NOT OKAY.

Yes, the GOP has been sowing the seeds of its own destruction for decades now.

Yes, the GOP enjoyed the freedom to vote for abortion restrictions that would never be enforceable, and thus used abortion bills to rally its base while the democratic base remained unenthused because democrats never bothered to stand up and fight, relying on the courts to do their work instead.

Yes, that means that individual GOP members of state legislatures are going to have to make more consequential decisions than they have in the past, they’re going to have to face a higher likelihood of accountability than they have in the past.

THAT DOESN’T MAKE THE LIVES OF WOMEN THE GOP WILL END INTO ACCEPTABLE SACRIFICES.

IT DOESN’T MAKE THE LIVES OF TRANS FOLK WHOM THE GOP MIGHT KILL INTO ACCEPTABLE SACRIFICES.*1

NONE OF THIS IS OKAY.

THERE IS NO SILVER LINING.

 

*1: I’m well aware that people of other genders may very well die too, but given the total numbers of deaths expected, I don’t feel as comfortable saying that people of other genders are guaranteed to die, whereas demographically the deaths of women are guaranteed.

We’re All Dead

I’m going to be writing about this over and over again, so get used to it, but this is merely the first announcement so it will be short:

Justice Anthony Kennedy of the Supreme Court of the United States is retiring. We already have a court dominated by republican picks. As a “centrist” Kennedy is far to the right of where we were until Clarence Thomas replaced Thurgood Marshall. The center of the court has been pushed and pushed, and now after the Senate republicans stole the seat that was Obama’s to nominate and fill, Trump will nominate his second justice.

Abortion will be illegal in a huge number of states within 3 months of the end of the next SCOTUS term. Just fucking watch.

We. Are. All. Dead.

Just Listen To Wonkette, Will You: “Fuck his fucking executive order”

I (and probably will) write up an analysis of the Flores v Reno consent decree and how Trump has been using it to justify child ICE-olation and how the current executive order conflicts with the requirements of that settlement, but I don’t have the time to do the job I want to do this afternoon. So for now just listen to Wonkette:

So basically, the Trump administration wants to thumb its nose at Flores and indefinitely detain mommies and daddies seeking asylum and babies over a FUCKING MISDEMEANOR. Indeed the order literally instructs the attorney general to beg the courts to say violating Flores is OK and babies can stay in jail with mommy and daddy for A LOT LONGER, because that’s what the Trump administration is stomping its feet and clapping its hands for. Hey, maybe they can live in concentration camps, like one big happy family, at least until Trump can figure out a way to Finally Solve the whole problem!

Josh Marshall from Talking Points Memo and Wonkette agree that litigation is inevitable, and Trump is going to lose at trial on a bunch of key issues. Probably on appeal, too. But for Trump, that’s a feature. His executive order puts the lie to the idea that child ICEolation was mandated by laws passed by Democrats, but if he can lose quickly enough in court, he’ll be able to rapidly pivot to blaming unaccountable, unelected judges.

Nothing says, “I love America” like hating on the US Constitution’s Article I, Article III, Article VI clause 2, and Eighth Amendment.

 

Holy Freuding Freud, Alabama: Your Court Elections Are Partisan?

First off, have I mentioned that I love The Root generally, and Michael Harriot specifically? Well, it and he have a new article up about the man republicans have nominated to run for Chief Justice of the Supreme Court of Alabama.

The focus?

The man who could replace Roy Moore as the next chief justice of Alabama’s Supreme Court is a lot like Moore—only more racist and homophobic.

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Persky Recall Preliminary Numbers

At about 7:40 am Pacific, several outlets are calling the election in favor of the recall. I don’t have any updated numbers (so I’m not sure how they’re sure, though they seem to be), but I can link you to Splinter’s reaction.

I’ll post a separate update on Persky later.

Don’t know when things will be official, but the percentages haven’t been changing as more precincts report. Best guess at 12:20 Pacific is that Persky is gone. I’m so happy about that.

11:48 pm Pacific time:

With 43 percent of precincts reporting, 59 percent of the county’s voters favored recalling Persky while 41 percent opposed the recall. On the same ballot, Assistant District Attorney Cindy Hendrickson led civil rights lawyer Angela Storey, 70 to 30 percent, in the election to serve the last four years of Persky’s term.

At 10:58 pm pacific time:

With 39 percent of precincts reporting, 59 percent of the county’s voters favored recalling Persky and 41 percent opposed the recall. On the same ballot, Assistant District Attorney Cindy Hendrickson led civil rights lawyer Angela Storey, 71 to 29 percent, in the election to serve the last four years of Persky’s term.

More updates as the SFC updates their reporting.

At about 8:45 pm the San Francisco Chronicle reported these numbers:

With 17 percent of precincts reporting, 59 percent of the county’s voters favored recalling Persky and 41 percent opposed the recall. On the same ballot, Assistant District Attorney Cindy Hendrickson led civil rights lawyer Angela Storey, 71 to 29 percent, in the election to serve the last four years of Persky’s term if he is removed from office.

 

 

Fascist Policing: Sacramento Edition II

Today I’d like to talk about the story of a man who wasn’t beaten by the cops, wasn’t arrested by them (at least in this encounter), wasn’t even searched by them. I want to talk about his story because it goes to the heart of the Black encounter with fascist policing today: the everyday, relentless, low-level harassment of Black residents of the US.

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