⚖️HON. SHIRA SCHEINDLIN👩🏻‍⚖️ @ THE GUARDIAN: Barrett Nomination Part & Parcel Of GOP Destruction Of American Democracy! 🏴‍☠️ – The Continued Erosion Of The Supremes & The Federal Judiciary Is Destroying Our Nation!👎

Hon. Shira Scheindlin
Hon. Shira A. Scheindlin
Retired US District Judge
Photo: Joel Spector ©2013
Creative Commons License

 

https://www.theguardian.com/commentisfree/2020/sep/29/supreme-court-conservatives-trump-amy-coney-barrett?CMP=Share_iOSApp_Other

 

. . . .

 

This is no longer the case. Public confidence and public perception that the courts are non-partisan has eroded. The Republican boycott of Garland, together with Trump’s unprecedented nomination of Barrett and her likely confirmation, will seal the Republican theft of two supreme court seats, at least in the eyes of more than half the electorate, and will ensure conservative control of the court for decades to come.

If Barrett’s record is any indication, the court will soon turn its back on its most treasured precedents and turn America into a more regressive country. Before joining the bench just three years ago, she served as a law clerk to Scalia, whose judicial philosophy she has fully embraced. She has also been a longtime member of the rightwing Federalist Society.

 

Public confidence and public perception that the courts are non-partisan has eroded

Her short judicial record, together with her scholarly writings, reveal that she is a rock-solid conservative jurist. Like Scalia, she defines herself as an originalist and textualist, which means that the constitution must be viewed as of the time it was written. From that perspective, there is nothing in the constitution that would explicitly support abortion rights, gay marriage, mandatory school desegregation, or the right to suppress evidence that is illegally seized. By contrast, in one of her most famous opinions, United States v Virginia (1996), Ginsburg wrote that “a prime part of the history of our constitution … is the story of the extension of constitutional rights and protections to people once ignored or excluded.”

In a 2013 article, Barrett repeatedly expressed the view that the supreme court had created, through judicial fiat, a framework of abortion on demand that ignited a national controversy. In an opinion she joined with another judge, she expressed doubt that a law preventing parents from terminating a pregnancy because they did not want a child of a particular sex or one with a disability could be unconstitutional. These writings surely indicate that Barrett will do whatever she can to limit or eliminate abortion rights.

Barrett has also expressed dissatisfaction with the Affordable Care Act and support for a broad interpretation of the second amendment. She has writtenthat Chief Justice John Roberts “pushed the Affordable Care Act beyond its plausible meaning”. She also quoted Scalia, when he wrote that “the statute known as Obamacare should be renamed ‘Scotuscare’” in “honor of the court’s willingness to ‘rewrite’ the statute in order to keep it afloat”. There is little doubt that Barrett would be inclined to find the Affordable Care Act unconstitutional and thereby deprive millions of Americans of affordable healthcare coverage. Similarly, she wrote a dissenting opinion questioning the constitutionality of a statute that prohibited ex-felons from purchasing guns. Thus, she has demonstrated her fealty to the NRA position that the more guns the better – inevitably leading to more Americans dying from gun violence.

When addressing the legal doctrine known as stare decisis, meaning respect for precedent, Barrett wrote that she “tend[ed] to agree with those who say that a justice’s duty is to the constitution and that it is thus more legitimate for her to enforce her best understanding of the constitution rather than a precedent she thinks is clearly in conflict with it”. In other words, she would overturn landmark decisions such as Brown v Board of Education or Roe v Wade if those decisions did not reflect her best understanding of the constitution.

Amy Coney Barrett: what will she mean for women’s rights?

 

Read more

Stunningly, in an interview in 2016, when asked whether Congress should confirm Obama’s nominee during an election year, Barrett responded that confirmation should wait until after the election because an immediate replacement would “dramatically flip the balance of power”. Given that answer, she should decline the nomination, as her confirmation would even more dramatically flip the balance of the court, entrenching a 6-3 conservative majority.

Confirming this nominee before the outcome of the national elections – which will determine both the identity of the next president and the composition of a new Senate – is unprecedented, inexcusable and a threat to many rights that the majority of Americans have embraced. This is a tragedy about to happen.

  • Shira A Scheindlin served as a United States district judge for the southern district of New York for 22 years. She is the co-chair of the board of the Lawyers Committee for Civil Rights Under Law and a board member of the American Constitution Society

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Read the rest of Judge Scheindlin’s article at the link.

 

As I have been saying “Better Judges For A Better America!”  It starts with electing a President who will nominate them and a Senate that will confirm them. That requires “regime change” and defeat of the GOP Anti-Democracy Party at all levels.

 

Dems need to stop sputtering about Barrett, whom they don’t appear able to stop anyway, and get out the vote to insure that she will be the last GOP far right shill on Supremes for many years! Rebuilding and improving American democracy starts NOW, with THIS ELECTION.  As Willie Nelson says: “Vote ‘Em Out, Vote ‘Em Out!”

 

BTW, “Moscow Mitch” and his GOP toadies have plenty of time to race through the Barrett confirmation during an election, but no time to help Americans thrown out of work or losing their health insurance because of the pandemic!🤮⚰️

 

PWS

 

10-01-20

 

WE ALWAYS KNEW THE GOP SENATE 🤮 WAS A HAVEN FOR SLEAZE-BALLS — So Why Be Surprised When They Act The Part? — The Solution Is Simple — Vote ‘Em Out!  — Start Rebuilding Our Democratic Republic Before It’s Too Late!

Justice Ruth Bader Ginsburg
Justice Ruth Bader Ginsburg 1933-2020
Collection of the Supreme Court of the United States, Photographer: Steve Petteway
Public Realm
Karen Tumulty
Karen Tumulty
Political Columnist
Photo: Rick Reinhard via Inter-American Dialogue
Creative Commons License

https://www.washingtonpost.com/opinions/2020/09/20/senate-republicans-are-showing-us-why-they-should-lose-their-majority/

Karen Tumulty in WashPost:

. . . .

In fact, McConnell’s actions are totally in keeping with the opportunism with which he has led the Senate. Given a chance, he will always abuse his power. Branding McConnell a hypocrite misses the point. Hypocrisy — coupled with an utter lack of shame — is not a character fault in his eyes. It is a management style, a means to an end.

[Obituary: Ruth Bader Ginsburg, Supreme Court justice and legal pioneer for gender equality, dies at 87]

And would we have expected anything different from Sen. Lindsey O. Graham (R-S.C.), the shape-shifting chairman of the Judiciary Committee?

Back in the days when he pretended to care about something more than sucking up to power, Graham used to say Republicans would have to live with what they had done to Obama’s 2016 nominee, Merrick Garland. In October 2018, shortly before taking the gavel of the committee that will consider Trump’s nomination, Graham promised: “If an opening comes in the last year of President Trump’s term, and the primary process has started, we’ll wait till the next election.”

Now — surprise! — Graham has promised, via Twitter: “I will support President @realDonaldTrump in any effort to move forward regarding the recent vacancy created by the passing of Justice Ginsburg.” His rationale, if you can dignify it by calling it that, is that Democrats did things that offended him. So it’s payback time.

Oh, and let’s consider the sanctimonious and pseudointellectual Sen. Ted Cruz (R-Tex.), whom Trump has said he would consider for future openings on the court. When running for president in early 2016, he loftily declared to NBC’s Chuck Todd: “It has been 80 years since a Supreme Court vacancy was nominated and confirmed in an election year. There is a long tradition that you don’t do this in an election year. And what this means, Chuck, is we ought to make the 2016 election a referendum on the Supreme Court.”

What Cruz said wasn’t true, as is so often the case. There had indeed been instances of presidential nominees being confirmed during election years. In February 1988, a Democratic-led Senate voted 97-0 to put Ronald Reagan’s pick, Anthony M. Kennedy, on the court.

But this was only the beginning for Cruz. When it still appeared that Hillary Clinton would win in 2016, he also suggested that the court could get along just fine with only eight members indefinitely. Now — surprise! — Cruz is warning that having an even number of justices constitutes a “grave danger.”

. . . .

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Read Karen’s complete op-ed at the link at the link.

As political sage Willie Nelson would say: “Vote ‘Em Out, Vote ‘Em Out!”

The best, perhaps only, way to honor RGB’s legacy and life work is to remove from office the party of inhumanity, inequality, and unbridled corruption who would spit and stomp on her legacy, NOW! Think about the “cultists” running around in “Fill Her Seat” shirts! Do you want these “princes and princesses of darkness, ignorance, bias, racism, and institutionalized inequality” to be running YOUR nation and determining the future of YOUR children and grandchildren? Pull out all the stops, open your wallets, and tell all your family, friends, and neighbors to register and vote for Joe and Kamala. It’s clearly “the last stand” for American democracy and human decency as we envision it (but also a great opportunity to make America better by voting for Biden/Harris)!

PWS

09-22-20

VOTE ‘EM OUT: Selfish GOP Politicos Spent Years Dismantling The Already-Inadequate U.S. Safety Net & Distributing The Spoils To Their Fat Cat Buddies Through Unnecessary Tax Cuts (a/k/a “Welfare For The Rich”) & Misdirection Of Money To Wasteful Spending — Now They Need It To Save Their Sorry Political Butts — But, Don’t Expect A Long Term Change Of Heart From A Party Of Selfish Elites & Their Wannabe Enablers!

Willie Nelson
Willie Nelson
Country Music “Hall of Famer” & American Icon

“Vote ‘Em Out”

By Willie Nelson

If you don’t like who’s in there, vote ’em out
That’s what Election Day is all about
The biggest gun we’ve got
Is called “the ballot box”
So if you don’t like who’s in there, vote ’em out

Vote ’em out (vote ’em out)
Vote ’em out (vote ’em out)
And when they’re gone we’ll sing and dance and shout
Bring some new ones in
And we’ll start that show again
And if you don’t like who’s in there, vote ’em out

If it’s a bunch of clowns you voted in
Election Day is comin’ ’round again
If you don’t like it now
If it’s more than you’ll allow
If you don’t like who’s in there, vote ’em out

Listen to Willie here:

https://www.azlyrics.com/lyrics/willienelson/voteemout.html

 

Tracy Jan
Tracy Jan
Economics & Race Reporter
Washington Post

https://www.washingtonpost.com/business/2020/03/25/trillion-dollar-stimulus-checks/

Tracy Jan reports for the WashPost:

Conservatives gutted the social safety net. Now, in a crisis, they’re embracing it.

By Tracy Jan

March 25 at 10:00 AM ET

Throughout his term, President Trump has chipped away at the social safety net, proposing budgets that gutted housing assistance, food stamps and health insurance for the poorest Americans. When Congress rejected those cuts, the Trump administration enacted rules to make it harder to access federal benefits, such as requiring recipients to work.

Now, with businesses shuttered, workers laid off, and scores more worrying about buying groceries, being evicted and getting sick, the swelling need for federal assistance has forced even conservative lawmakers to embrace government protections in a series of sweeping stimulus bills.

Under the $2 trillion stimulus deal reached in the Senate early Wednesday, Republicans are proposing sending direct cash payments of $1,200 to individual Americans, an idea that, on the surface, echoes former Democratic presidential candidate Andrew Yang’s universal basic income platform. They want to bolster the unemployment insurance system after many GOP-led states spent years enacting restrictive criteria and reducing benefits.

“Anybody who is a moderate-wage worker who just experienced an economic lockdown in their state is in distress. Most people don’t have savings,” said Robert Rector, a research fellow at the Heritage Foundation, a conservative think tank that guides much of the Trump administration’s policymaking.

[Facing eviction as millions shelter in place]

Rector, an architect of the 1996 federal welfare overhaul that instituted work requirements under President Bill Clinton, generally opposes safety net measures that do not promote work and marriage. But he would like to see more-generous benefits for individuals and cities in crisis in response to the coronavirus — for a finite period of time.

“Quite frankly, I’m willing to spend more money right now,” he said. “It’s a very different thing in an emergency.”

[[Sign up for our Coronavirus Updates newsletter to track the outbreak. All stories linked in the newsletter are free to access.]]

The $100-billion-plus Families First coronavirus response package Trump signed last week dramatically expands paid sick leave and family medical leave for tens of millions of workers, provisions aimed at blunting the economic impact of the pandemic.

The United States lags behind other developed countries when it comes to providing universal health care as well as paid leave for sick workers and those who have to care for family members.

“Here we had this ‘strong economy’ and all of a sudden the bubble has burst, and policymakers are scrambling to put into place basic protections other societies have,” said Rebecca Vallas, a senior fellow at the left-leaning Center for American Progress.

[As layoffs skyrocket, the holes in America’s safety net are becoming apparent]

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Read Tracy’s full article at the link.

We recently went through a period of sustained economic growth and high employment that started under Obama and continued under Trump, until now. A wise nation might have used increased tax revenues to shore up the safety net, repair infrastructure, reduce spending on futile wars and defense overruns, invest for the future, and/or reduce deficit. Instead, the GOP frittered away the opportunity by mindless Government shutdowns and unnecessary tax cuts that lined the pockets of the already well-off while doing little to help the long term situation of the average American family. Indeed companies were encouraged to cut benefits to workers to pay out more to shareholders and to their executives, without much regard to the competence or value to the company of the latter.

Now, the embarrassing inadequacies and gaps of our safety net are being exposed every day. Even the GOP has turned, albeit somewhat reluctantly, to throwing several trillion into the breach, as long as it all doesn’t all go to those who need it most. Natural disasters have become the “new normal.” But, under Trump and his kakistocracy, America has consistently been underprepared to meet them. 

That the hardest hit Americans get a substantial chunk of this emergency funding is a tribute to Pelosi, Schumer, and the Dems. Left to their own devices, Trump, Mitch, and the GOP would have basically mailed a modest check (or checks) to most Americans (other than the poorest) and funneled the rest into the pockets of their businesses buddies and state cronies with little oversight or accountability. Can you imagine the Grifter-in-Chief and his toadies being allowed to divvy up the loot, in secret, no less?

This emergency is unusual in nature. But, emergencies come and emergencies go. Presidents come and they (thankfully) go. What doesn’t go away is the need for a strong well-developed safety net that covers basic health care, unemployment, income assistance, and retirement benefits for all Americans, not just the wealthy. History has shown that’s not likely to happen as long as the GOP grifters remain in power.

We have a chance to save America and put ourselves on a better course for the future. Vote Trump and his GOP out in November. Your future and that of future generations will depend on it.

PWS

03-25-20

MAWA IS DOOMED: Demographics & Mutual Dependency Make Trump’s White Nationalist Racist Assault On Minorities Both Economically Stupid & Ultimately Futile – “Through his rhetoric and actions, Mr. Trump stands for keeping America white, appealing to his base by implicitly promising to preserve the racial status quo. But Mr. Trump’s supporters, and the country in general, must not ignore the generational dependency between older whites and younger minorities.”

https://www.nytimes.com/2018/09/30/opinion/trump-cant-win-the-war-on-demography.html

William H. Frey writes in the NY Times:

Trump Can’t Win the War on Demography

A proposed citizenship question on the 2020 census reveals the dependency between older white voters and America’s growing young minority population.

By William H. Frey

Mr. Frey, a demographer, is the author of “Diversity Explosion.”

Image
A press conference held last April, when New York State filed suit against the Trump administration over the proposed changes to the 2020 census form.CreditCreditDrew Angerer/Getty Images

Since the early days of his campaign, from his proposal to build a wall along the Mexican border to his discredited committee on voter fraud, President Trump has declared war on America’s changing demography. His administration has followed through on that strategy with a proposal to add a question to the 2020 census asking about citizenship. If the question remains on the form, millions of households, particularly Hispanic and Asian-American, could skip the census, leading to an overrepresentation of white Americans during this once-a-decade count.

Six lawsuits seeking to remove the proposed question are moving through the federal courts, with the first trial likely to take place this fall.

If it is added to the census form, the citizenship question will distort our understanding of who resides in the country. What this selective underenumeration will not do is make America’s growing racial minority populations disappear. The losers from this undercount include members of Mr. Trump’s older white base, who will suffer from lost investments in a younger generation, whose successes and contributions to the economy will be necessary to keep America great.

The demographic trends make this plain. America’s white population is growing tepidly because of substantial declines among younger whites. Since 2000, the white population under the age of 18 has shrunk by seven million, and declines are projected among white 20-somethings and 30-somethings over the next two decades and beyond. This is a result of both low fertility rates among young whites and modest white immigration — a trend that is not likely to change despite Mr. Trump’s wish for more immigrants from Norway.

The likely source of future gains among the nation’s population of children, teenagers and young working adults is minorities — Hispanics, Asians, blacks and others — most of whom are born in the United States.

Indeed, the only part of the white population that is growing appreciably is older people, the same group to whom Mr. Trump is appealing. Thanks to aging baby boomers, the older retirement-age white population will grow by one-third over the next 15 years and, with it, the need for the government to support Social Security, Medicare, hospitals and the like. Revenue for these programs will have to come from the younger minority population. If the census does not accurately count this population, then all the services that support children and future workers, such as public education, Head Start, the Children’s Health Insurance Program and Medicaid, will be shortchanged.

Although the slowly growing, rapidly aging white population will be accurately counted, the fast-growing minority school-age and young adult populations that represent the nation’s future will not get their due — demographically, politically or economically.

An in-house Census Bureau analysis based on 2010 survey data found that the inclusion of a citizenship question reduced the response rate among households that have at least one noncitizen individual. While 7 percent of United States residents are themselves noncitizens, 14 percent live in households that include one or more noncitizens. The latter figure rises to 46 percent among all Hispanics and to 45 percent among Asian-Americans, compared with just 8 percent among blacks and 3 percent among whites.

Let’s assume that one in three people in Hispanic and Asian noncitizen households refuses to answer the census. If that’s the case, the Hispanic share of the United States population would drop by 2.1 percentage points (from 17.3 to 15.2 percent) and the total white population share would rise by 2.2 percentage points (from 62 to 64.2 percent).

This imbalance would influence congressional reapportionment, hurting large, immigrant-heavy states. It will also shape how congressional and state legislative districts are drawn, favoring rural and small areas at the expense of large metropolitan areas, since noncitizen households are far more prevalent in the latter.

The underenumeration of racial minorities would also misallocate billions of dollars in state and federal funds for housing assistance, job training, community development and a variety of social services that should be distributed on the basis of census counts. It would provide a faulty framework for surveys that will inform thousands of policy and business decisions, such as where to locate schools, hospitals, employment sites or retail establishments catering to different population groups, over the next decade.

Through his rhetoric and actions, Mr. Trump stands for keeping America white, appealing to his base by implicitly promising to preserve the racial status quo. But Mr. Trump’s supporters, and the country in general, must not ignore the generational dependency between older whites and younger minorities. Forcing an inaccurate accounting of who resides in the nation will have long-term negative consequences for everyone.

William H. Frey, a fellow at the Brookings Institution and a population studies professor at the University of Michigan, is the author of “Diversity Explosion: How New Racial Demographics Are Remaking America.”

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Yup! Racist bias and bigotry are always the enemies of truth, justice, and intelligent actions.

As Willie Nelson says “Vote ‘Em Out!”

PWS

10-01-18

 

Willie To Jeffie: “You Need To Toke Up, Dude!” — Challenges AG To Take A Hit Before Targeting Weed!

http://www.huffingtonpost.com/entry/willie-nelson-jeff-sessions_us_591d4534e4b034684b0960d9

Ed Mazza reports in HuffPost:

“Country music legend Willie Nelson has some advice for Attorney General Jeff Sessions, who said marijuana is only “slightly less awful” than heroin.

Nelson, a longtime advocate for legal pot, told Rolling Stone:

“I wonder if he’s tried both of them. I don’t think you can really make a statement like that unless you tried it all. So I’d like to suggest to Jeff to try it and then let me know later if he thinks he’s still telling the truth!”
The 84-year-old County Music Hall of Famer has his own brand of marijuana, Willie’s Reserve, for sale where it’s legal and often speaks highly of his own personal experiences with the drug.

Rolling Stone asked if there’s been a downside to his own habit.

“I haven’t run into any yet,” he said. “I guess if you go somewhere where it’s illegal, that’s a pretty good downside.”

Police have arrested the singer several times for marijuana-related offenses.”

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Don’t think this will be happening anytime soon!

PWS

05-19-17