"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
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!🤮⚰️
Scenes from “The Beautiful Vision” of U.S. racial history:
Gathering the dead after the Colfax massacre, published in Harper’s Weekly, May 10, 1873, Public Realm
Public Realm
“At least they weren’t asked to wear masks or socially distance; now that would have been a real crime against humanity,” says Billy the Bigot. Public realm
From The Levin Report by Bess Levin:
. . . .
At this point, there are thousands of examples underscoring the need to remove the president from society, but the most recent is his unhinged response to the New York Times’ 1619 Project, which he wants abolished in schools and replaced with a revisionist history of America that teaches children how white people have only ever had their Black peers’ best interest at heart, including when said white people literally owned slaves.
Speaking at the National Archives Museum on Thursday, Trump announced that he would be signing an executive order establishing the “1776 Commission” to promote a “patriotic education.” Apparently attempting to reach his white nationalist supporters, Trump said that the left is “attempting to destroy [the] beautiful vision” that the founding fathers had for America, and that things like the 1619 Project, which teach children about systemic racism and reframe the country’s history by examining the consequences of slavery, are “toxic propaganda” and “ideological poison” that “if not removed, will dissolve the civic bonds that tie us together” and “will destroy our country.” Then he claimed liberals want to tear down Mount Rushmore . . . .
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Read the rest of the article and the full Levin Report here:
Trump’s view of America is unrelentingly bogus. racist, unethical, and unpatriotic! This is “Dred Scottification” in action. And, we must never forget the disgraceful failure of Chief Justice John Roberts and the Supremes’ majority to take a strong stand against the very overt White Nationalist racism of Trump, Miller, and the GOP. They are indeed promoters of “Dred Scottification,” racial divisiveness, inequality, and the breakdown of the rule of law and ethical and moral norms that should guide 21st Century governance.
American democracy is indeed “on the ropes.” But, we still have a chance to save our republic this Fall. Don’t blow it!
This Fall, vote like your life and the future existence of our nation depend on it. Because they do!
WASHINGTON — The retired judge appointed to act as a friend of the court in the Michael Flynn case strongly urged the court Wednesday not to let the Justice Department abandon the prosecution.
In a scorching 83-page submission, John Gleeson said the government’s move to drop the case was “riddled with inexplicable and elementary errors of law and fact,” which were contradicted by the positions it has taken in other false statement cases and by its own previous court filings about Flynn’s conduct as well as his decisions to plead guilty twice.
“Even recognizing that the Government is entitled to deference in assessing the strength of its case, these claims are not credible,” the retired judge wrote. “Indeed, they are preposterous. For starters — and most unusually — they are directly and decisively disproven by the Government’s own briefs filed just months ago in this very proceeding.”
Gleeson said judges must ordinarily defer to the wishes of the Justice Department about whether to pursue a prosecution, but not when the motives of the government are suspect. In Flynn’s case, the government’s move to dismiss the case “is based solely on the fact that Flynn is an ally of President Trump.”
Federal District Court Judge Emmet Sullivan of Washington appointed Gleeson to submit arguments about why the government should not be allowed to drop the case, so that Sullivan could consider both sides.
The appointment came after the Justice Department last month asked the judge to dismiss the case, having determined that even if Flynn lied to FBI agents in early 2017 about his phone calls with Russia’s ambassador to the U.S., his lies were not “material” to any investigation and did not, therefore, violate the false statement law at the heart of his case.
Flynn told the FBI that he did talk to Ambassador Sergey Kislyak during the Trump transition but denied that they talked about Russia’s response to the latest Obama sanctions or about a forthcoming UN vote. He later admitted that both those statements were untrue.
Those statements, Gleeson said, were clearly important to the FBI’s investigation into potential connections between the Trump campaign and the Russian government.
“It is hard to conceive of a more material false statement than this one,” Gleeson said.
Gleeson said without any firm legal basis for wanting to drop the case, the only other reason must be Flynn’s relationship with Trump. Wednesday’s brief noted that the president tweeted or re-tweeted about Flynn at least 100 times since March 2017.
Clearly the president is personally invested in ensuring that Flynn’s prosecution ends, Gleeson said, adding, “Everything about this irregular.”
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Read the rest of Pete’s article at the link.
Add this to the absolute legal, ethical, constitutional, and management disaster going in in the U.S. Immigration Courts under Barr’s “maliciously incompetent” management, and the case for removing him from office is overwhelming. Won’t happen. But, it should!
Actually, filing a “preposterous motion” backed by clearly untrue assertions is a clear violation of an attorney’s role as an “officer of the court” owing “candor to the tribunal.” If Barr were a private practitioner, it would likely earn him a referral to his state bar authorities for possible discipline or license revocation.
But, in Federal Courts these days the “undue deference” and unfairly favorable treatment of DOJ attorneys continues. It has actually been institutionalized, and even unjustly rewarded, by the Supremes. Talk about encouraging worst practices and highlighting “negative role models!”
The whole ethical debacle of the Trump Administration DOJ and the overall feckless performance of our Federal Courts, particularly the Supremes and certain Circuit Courts of Appeals, at halting clear Executive abuses and requiring honesty and professionalism (including rejecting racist or religiously bigoted agendas) from the Federal Government before tribunals cries out for a serious re-examination of: 1) who should be sitting on the Federal Bench; 2) what ethical standards they should be held to; and 3) the undue favoritism and leniency traditionally shown by Federal Courts to Government lawyers engaging in misrepresentations, sloppy work, promoting pretexts for overtly racist agendas, and constantly using dilatory litigation tactics intended to punish individual litigants for asserting their legal rights.
The last three years have shown that better Federal Judges and much more courageous, effective judicial leadership committed to guaranteeing due process and fairness for all is absolutely necessary for our nation to achieve “equal justice under law.” The current sorry state of the Article III Judiciary shows that police departments are not the only part of our broken justice system that needs reform and some “different faces” to achieve equal justice under law. As a nation, we can’t achieve social and racial justice with the gang that promoted, enabled, and in some cases even encouraged injustice in charge. And, that goes for all three failed branches of our Federal Government.
George Floyd’s death should never have happened; nor should families be separated, kids put in cages, legal asylum applicants told to rot in Mexico, and Billy Barr be allowed to operate unconstitutional “Star Chambers” masquerading as “courts” (when they are nothing of the sort). The problems in our justice system go much deeper than the Minneapolis Police Department!
Yes, they can be solved! But, not without some new faces, new approaches, and some progressive thinking and input from all of society, particularly our younger generations! You have to believe in equal justice to achieve equal justice! We can’t get there with the current gang of “non-believers” in charge and promoting their failed, and all too often overtly or covertly racially biased, agendas.
Due Process Forever!
This November, vote like your life depends on it! Because it does!
Demonstrators are hammering on a hollowed-out structure, and it very well may collapse.
The urban unrest of the mid-to-late 1960s was more intense than the days and nights of protest since George Floyd was murdered by a Minneapolis policeman. More people died then, more buildings were gutted, more businesses were ransacked. But those years had one advantage over the present. America was coming apart at the seams, but it still had seams. The streets were filled with demonstrators raging against the “system,” but there was still a system to tear down. Its institutions were basically intact. A few leaders, in and outside government, even exercised some moral authority.
In July 1967, immediately after the riots in Newark and Detroit, President Lyndon B. Johnson created a commission to study the causes and prevention of urban unrest. The Kerner Commission—named for its chairman, Governor Otto Kerner Jr. of Illinois—was an emblem of its moment. It didn’t look the way it would today. Just two of the 11 members were black (Roy Wilkins, the leader of the NAACP, and Edward Brooke, a Republican senator from Massachusetts); only one was a woman. The commission was also bipartisan, including a couple of liberal Republicans, a conservative congressman from Ohio with a strong commitment to civil rights, and representatives from business and labor. It reflected a society that was deeply unjust but still in possession of the tools of self-correction.
The commission’s report, written by the executive director, David Ginsburg, an establishment liberal lawyer of New Deal vintage, appeared at the end of February 1968. It became an instant million-copy best seller. Its language is bracing by the standards of any era: “What white Americans have never fully understood—but what the Negro can never forget—is that white society is deeply implicated in the ghetto. White institutions created it, white institutions maintain it, and white society condones it.” The report called for far-reaching policy reforms in housing, employment, education, and policing, to stop the country from becoming “two societies, one black, one white—separate and unequal.”
It was too much for Johnson, who resented not being credited for his efforts to achieve civil rights and eradicate poverty, and whose presidency had just been engulfed by the Tet Offensive in South Vietnam. He shelved the report. A few weeks later, on the evening of April 4, Martin Luther King Jr. was killed in Memphis. The next night, Johnson—who had just announced that he wouldn’t run for reelection—spoke to a country whose cities were burning from coast to coast. “It is the fiber and the fabric of the republic that’s being tested,” he said. “If we are to have the America that we mean to have, all men of all races, all regions, all religions must stand their ground to deny violence its victory in this sorrowful time, and in all times to come. Last evening, after receiving the terrible news of Dr. King’s death, my heart went out to his family and to his people, especially to the young Americans who I know must sometimes wonder if they are to be denied a fullness of life because of the color of their skin.” To an aide, he was more blunt in assessing the uprising: “What did you expect? I don’t know why we’re surprised. When you put your foot on a man’s neck and hold him down for 300 years, and then you let him up, what’s he going to do? He’s going to knock your block off.”
King’s murder and the riots it sparked propelled Congress to pass, by an overwhelming and bipartisan margin, the decade’s last major piece of civil-rights legislation, the Civil Rights Act of 1968, which enforced fair standards in housing. Johnson signed it on April 11. It was too late. The very best reports, laws, and presidential speeches couldn’t contain the anger in the streets. That year, 1968, was when reform was overwhelmed by radicalization on the left and reaction on the right. We still live in the aftermath. The language and ideas of the Kerner Report have haunted the years since—a reminder of a missed chance.
The difference between 1968 and 2020 is the difference between a society that failed to solve its biggest problem and a society that no longer has the means to try. A year before his death, King, still insisting on nonviolent resistance, called riots “the language of the unheard.” The phrase implies that someone could be made to hear, and possibly answer. What’s happening today doesn’t feel the same. The protesters aren’t speaking to leaders who might listen, or to a power structure that might yield, except perhaps the structure of white power, which is too vast and diffuse to respond. Congress isn’t preparing a bill to address root causes; Congress no longer even tries to solve problems. No president, least of all this one, could assemble a commission of respected figures from different sectors and parties to study the problem of police brutality and produce a best-selling report with a consensus for fundamental change. A responsible establishment doesn’t exist. Our president is one of the rioters.
After half a century of social dissolution, of polarization by class and race and region and politics, there are no functioning institutions or leaders to fail us with their inadequate response to the moment’s urgency. Levers of influence no longer connect to sources of power. Democratic protections—the eyes of a free press, the impartiality of the law, elected officials acting out of conscience or self-interest—have lost public trust. The protesters are railing against a society that isn’t cohesive enough to summon a response. They’re hammering on a hollowed-out structure, and it very well may collapse.
If 2020 were at all like 1968, the president would go on national television and speak as the leader of all Americans to try to calm a rattled country in a tumultuous time. But the Trump administration hasn’t answered the unrest like an embattled democracy trying to reestablish legitimacy. Its reflex is that of an autocracy—a display of strength that actually reveals weakness, emptiness. Trump’s short walk from the White House to St. John’s Episcopal Church had all the trappings of a strongman trying to show that he was still master of the country amid reports that he’d taken refuge in a bunker: the phalanx of armored guards surrounding him as he strutted out of the presidential palace; the tear gas and beatings that cleared his path of demonstrators and journalists; the presence of his daughter, who had come up with the idea, and his top general, wearing combat fatigues as if to signal that the army would defend the regime against the people, and his top justice official, who had given the order to raid the square.
William Barr has reacted to the killing of George Floyd like the head of a secret-police force rather than the attorney general of a democratic republic. His first act was not to order a federal investigation into the Minneapolis Police Department, but—as he’s done before—to rush out ahead of the facts and try to control public opinion, by announcing that the violence following Floyd’s death was the work of left-wing agitators. Streets of the nation’s capital are now blocked by security forces from Barr’s Department of Justice—many from the Federal Bureau of Prisons—wearing uniforms that make them impossible to identify, like paramilitary troops with unknown commanders.
The protests have to be understood in the context of this institutional void. They resemble the spontaneous mass cry of a people suffering under dictatorship more than the organized projection of public opinion aimed at an accountable government. They signify that democratic politics has stopped working. They are both utopian and desperate.
Some public figures—politicians, policy experts, civic leaders—have come forward with proposals for changing the mindset and tactics of the police. Terrence Floyd, the brother of the murdered man, urged protesters to educate themselves and vote. But the overwhelming message of the protests is simply “end racism,” which would be a large step toward ending evil itself. The protesters are demanding an absolute, as if they’ve stopped expecting the state to produce anything that falls a little short. For white protesters—who are joining demonstrations on behalf of black freedom and equality in large numbers for the first time since Selma, Alabama, 55 years ago—this demand means ending an evil that lies within themselves. It would be another sign of a hollow democracy if the main energy in the afterglow of the protests goes into small-group sessions on white privilege rather than a hard push for police reform.
. . . .
This is where we are. Trust is missing everywhere—between black Americans and police, between experts and ordinary people, between the government and the governed, between citizens of different identities and beliefs. There’s an election coming in five months. It won’t end racism or the pandemic, or repair our social bonds, or restore our democracy to health. But it could give us a chance to try, if we get that far.
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Read the rest of Packer’s article at the above link.
Well said! The only thing missing is specific reference to the toxic failure of the U.S. Supreme Court.
We once had a Court with the legal experience, ethics, vision, and moral courage to lead America forward toward a more just and equal society. That’s been totally dissipated by years of GOP erosion of the Court’s legal expertise, practical problem-solving ability, humanity, courage, vision of a better future for all in America, and integrity.
The “journey downward and march backward” from Brown v. Board of Education to legal travesties like Trump v. Hawaii and Wolf v. Innovation Law Lab (to name just two glaring examples of the Court’s disgraceful and illegal “Dred Scottification” of the other in our society) is certainly one of the most outrageous, disturbing, and disgusting tales in post-Plessy v. Ferguson American jurisprudence.
The Court’s abject failure to move forward and make voting rights and equal justice for all a reality is in no small measure linked to the death of George Floyd and other Americans of color and the nationwide protests of injustice. Failure of judicial integrity, vision, and leadership — in other words failures of both legal and moral justice —imperils our nation and many of its inhabitants.
America already faces long-term threats to our justice system and those it supposedly serves from the irresponsible and poorly-qualified life-tenured judicial appointments of Trump and the Mitch-led GOP. To them, things like “equal justice for all,” “voting rights,” “due process for all,” “women’s rights,” and “human rights” are just cruel hoaxes — things to be privately mocked, publicly “lip-serviced,” then buried forever beneath an avalanche of disingenuous and opaque legal gobbledygook intended to hide their true anti-democratic, White Nationalist enabling intent. The appointment of any more Justices along the lines of the “J.R. Five” likely would be the final “nail in the coffin” for our democratic republic! 🏴☠️👎🏻🥵
This November, vote like your life depends on it! Because it does!
“At Some Point the Country Is Going to Have to Wake Up”: James Clyburn on the Floyd Killing and The Role of Race In The Coming Election
Chris SmithMay 29, 2020
Clyburn, who helped hand Biden his presumptive nomination, talks about Biden’s “you ain’t black” and V.P. possibilities, and why this moment is defined by “raw politics and meanness.”
by Stephen Maturen/Getty Images.
James Clyburn grew up in a segregated South Carolina. He is now the longest-serving member of the state’s congressional delegation and the highest-ranking black Democrat in the House. In February, Clyburn basically saved Joe Biden’s presidential bid, endorsing Biden three days before South Carolina’s pivotal primary and helping deliver the decisive black vote. On Thursday evening, just after landing in his home state for a weekend visit, the 79-year-old Clyburn talked about holding on to his optimism in the wake of yet another brutal killing of a black man by police.
Vanity Fair: What was your reaction when you saw the video of a Minneapolis cop kneeling on the neck of George Floyd?
James Clyburn: I don’t know that I would describe my emotion as anger. I guess I should be angry. Maybe at my age, and as many of these kinds of things as I’ve experienced, you get to the point where you say, but for the video, I would not have seen it; other people would not have seen it; and the official word would be all anyone knew. I do feel, though, that at some point the country is going to have to wake up to this reality.
What do you tell black Americans, particularly young black male Americans, who say the country is long past the point when it should have awakened, and that the reality is just racism and hatred?
Going back to the student movement and the civil rights movement, I’ve really questioned many times whether or not what we were doing made any real sense. Whether there was any possibility of success. But along with people like John Lewis, who I met in October 1960, he’s held on to his faith in the country, and I’ve held on to mine. I went to jail several times. I ran for office three times before I got elected. You don’t give up. You aren’t going to win by giving up.
by Salwan Georges/The Washington Post via Getty Images.
The four Minneapolis police officers have been fired. Should they be tried for murder?
They certainly should stand trial. The hand of one is the hand of all, so four people need to be on trial.
In a conference call with House leaders two days after Floyd’s death, you talked about it being a symptom of larger problems that plague minority communities, and that it showed the need for systemic change. What did you mean?
I have been saying for a long time now that so much in this country needs to be restructured. Health care, education, the judicial system. Every time these issues are raised, folks on the Republican side find a way to parse the words and turn it to their agenda, and they get accommodated by too many people in the media. When we first started discussing the CARES Act, I said to my caucus, in a Zoom call, that this was a tremendous opportunity for us to restructure things in our vision. My vision comes from the pledge of allegiance: liberty and justice for all. That remains a vision—but we’re not doing much to make that vision a reality. Mitch McConnell goes on the floor of the Senate and calls me out, as if there’s something nasty about my vision. He never asked me what my vision was. I’ve got it on billboards all over Charleston: “Making America’s Greatness Accessible and Affordable for All.” What’s wrong with that? And that’s been weaponized by the other side as something untoward. It’s ideology, it’s raw politics, and meanness. That’s why we can’t fix these things.
Do you think the Floyd killing will end Minnesota senator Amy Klobuchar’s chances of being picked as Joe Biden’s running mate?
It certainly won’t help. But it’s not just this. Her history with similar situations when she was a prosecutor came up time and again during the campaign. I suspect this incident plays into that.
You said you cringed when Biden told a radio host, “If you have a problem figuring out whether you’re for me or for Trump, then you ain’t black.”
I compare Joe Biden to the alternative, not the Almighty. One of the things I learned early in this business is that one of the worst things you can do in politics is to make a joke out of any serious matter. He would have been better off not doing that.
Senator Tim Scott, a Republican from South Carolina who happens to be black, said that Biden’s remark showed him to be “condescending and arrogant.”
I’ve known Joe Biden for a long, long time. I don’t perceive anything about him to be arrogant. Tim Scott supports [Donald] Trump, and I don’t. If he can reconcile his blackness with Trump, that’s fine. I can’t reconcile mine with Trump. I’ll never ever accept the president of the United States looking into a camera and calling a black woman a dog. I will never get over that. Nothing else he says will matter to me. And he said that not about one of his opponents—that was about one of his staffers! Who supported him! I have three daughters, and I know how I’d feel about any man calling one of them a dog.
With his attacks on former president Barack Obama, among other things, it’s clear that Trump is going to play the race card in his reelection campaign. Do you worry about the tensions becoming dangerous, or is it better to have the issue out in the open?
I think we’re in much better shape for it to be out in the open than for it to be hidden under a bushel. That’s what happened in 2016. The whole thing about African American males responding to Trump saying, “What do you have to lose?” I know from my visits to barber shops that it resonated. But if you fool me once, that’s on you. If you fool me twice, that’s on me. If black men allow themselves to be fooled twice, it’s on them. Four years later, if it ain’t clear what they have to lose, if they can’t count up their losses with Trump, ask them to ask me.
You have said that it isn’t “a must” for Biden to pick a black woman as the vice presidential nominee. Why not?
I remember Sarah Palin. She was fine until it turned out the vetting hadn’t been thoroughly done. I remember Geraldine Ferraro. She was fine. It was her husband that got exposed during the campaign. So if I say it’s a must and something turns up in the vetting, what does that make me? I’m never going to say it’s a must for him to choose a black woman. It would be a plus.
Are you confident that black turnout will be high enough to win no matter whom Biden chooses?
I don’t know about that. Black voters are incentivized already. You can always stimulate the vote. There are picks that could energize the vote.
If Biden said, “Jim, I’ll choose whomever you want,” what would say?
I’m not gonna tell you! But I would tell him.
There’s a tremendous amount of outrage right now about the George Floyd and the Ahmaud Arbery killings. But unfortunately, we’ve seen this cycle many times before, where attention fades after a few weeks.
I think something’s going to be different about this. After the Minneapolis killing, I saw the Minnesota attorney general on TV. For the first time in the state’s history, that attorney general is African American. Also Muslim. That, to me, helps set this whole issue on a different plane. Minneapolis had issues with the former mayor and the police. This mayor says he’s calling for these men to be indicted. To me, that’s progress in something all of us need to work on. You can’t take these things in silos. I’m a history guy. I’ve been studying this country’s history pretty much all my life. It’s pretty sordid in some areas. But that history ought to inform us. Everybody’s not going to learn the lessons. The ones who learn, you hope they change the world.
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Our country can’t get to the better future we need with horrible, unqualified, bigoted leaders like Trump, Pence, Mitch, et al.
One of the most unhelpful of our failed institutions: A Supreme Court that has abandoned the courageous heritage of Brown v. Board of Education and instead encouraged, embraced, aided, and abetted the “Dred Scottification of the other” by a corrupt, bigoted, racist, overtly White Nationalist Executive and his equally corrupt cronies and toadies.
This November, vote like your life depends on it. Because it does!
Put simply: When some of the most despised and powerless among us ask the Supreme Court to spare their lives, the conservative justices turn a cold shoulder. When the Trump administration demands permission to implement some cruel, nativist, and potentially unlawful immigration restrictions, the conservatives bend over backward to give it everything it wants. There is nothing “fair and balanced” about the court’s double standard that favors the government over everyone else. And, as Sotomayor implies, this flagrant bias creates the disturbing impression that the Trump administration has a majority of the court in its pocket.
Read the full article at the above link.
Here’s a link to Justice Sotomayor’s full dissent in Wolf v. Cook County:
Here’s a “key quote” from Justice Sotomayor’s dissent:
These facts—all of which undermine the Government’s assertion of irreparable harm—show two things, one about the Government’s conduct and one about this Court’s own. First, the Government has come to treat “th[e] exceptional mechanism” of stay relief “as a new normal.” Barr v. East Bay Sanctuary Covenant, 588 U. S. ___, ___ (2019) (SOTOMAYOR, J., dissenting from grant of stay) (slip op., at 5). Claiming one emergency after another, the Government has recently sought stays in an unprecedented number of cases, demanding immediate attention and consuming lim- ited Court resources in each. And with each successive ap- plication, of course, its cries of urgency ring increasingly hollow. Indeed, its behavior relating to the public-charge
6 WOLF v. COOK COUNTY SOTOMAYOR, J., dissenting
rule in particular shows how much its own definition of ir- reparable harm has shifted. Having first sought a stay in the New York cases based, in large part, on the purported harm created by a nationwide injunction, it now disclaims that rationale and insists that the harm is its temporary inability to enforce its goals in one State.
Second, this Court is partly to blame for the breakdown in the appellate process. That is because the Court—in this case, the New York cases, and many others—has been all too quick to grant the Government’s “reflexiv[e]” requests. Ibid. But make no mistake: Such a shift in the Court’s own behavior comes at a cost.
Stay applications force the Court to consider important statutory and constitutional questions that have not been ventilated fully in the lower courts, on abbreviated timeta- bles and without oral argument. They upend the normal appellate process, putting a thumb on the scale in favor of the party that won a stay. (Here, the Government touts that in granting a stay in the New York cases, this Court “necessarily concluded that if the court of appeals were to uphold the preliminary injunctio[n], the Court likely would grant a petition for a writ of certiorari” and that “there was a fair prospect the Court would rule in favor of the govern- ment.” Application 3.) They demand extensive time and resources when the Court’s intervention may well be unnec- essary—particularly when, as here, a court of appeals is poised to decide the issue for itself.
Perhaps most troublingly, the Court’s recent behavior on stay applications has benefited one litigant over all others. This Court often permits executions—where the risk of ir- reparable harm is the loss of life—to proceed, justifying many of those decisions on purported failures “to raise any potentially meritorious claims in a timely manner.” Mur- phy v. Collier, 587 U. S. ___, ___ (2019) (second statement of KAVANAUGH, J.) (slip op., at 4); see also id., at ___ (ALITO, J., joined by THOMAS and GORSUCH, JJ., dissenting from grant of stay) (slip op., at 6) (“When courts do not have ad- equate time to consider a claim, the decisionmaking process may be compromised”); cf. Dunn v. Ray, 586 U. S. ___ (2019) (overturning the grant of a stay of execution). Yet the Court’s concerns over quick decisions wither when prodded by the Government in far less compelling circumstances— where the Government itself chose to wait to seek relief, and where its claimed harm is continuation of a 20-year status quo in one State. I fear that this disparity in treatment erodes the fair and balanced decision making process that this Court must strive to protect.
I respectfully dissent.
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Of course, the regime’s use of manufactured and clearly bogus “national emergencies” or fake appeals to “national security” is a perversion of both fact and law, as well as a mocking of Constitutional separation of powers. This obscenely transparent legal ruse essentially was invited by the Roberts and his GOP brethren. Roberts somewhat disingenuously claims to be a “student of history.” But, whether he takes responsibility for it or not, he has basically invited Trump & Miller to start a new “Reichstag Fire” almost every week with migrants, asylum seekers, Latinos, and the less affluent as the “designated usual suspects.”
Powerful as her dissent is, Justice Sotomayor actually understates the case against her GOP colleagues. Every racist, White Nationalist, nativist, and/or authoritarian movement in American history has been enabled, advanced, and protected by morally corrupt and intellectually dishonest jurists who have intentionally provided “legal cover” for those official misdeeds. How about “states rights,”“separate but equal,”“plenary power,” and a host of other now discredited legal doctrines used to justify everything from slavery to denying voting, and other Constitutional rights including life itself to African Americans? They were all used to “cover” for actions that might more properly have been considered “crimes against humanity.”
Who knows what legal blather Roberts and his four fellow rightist toadies will come up with to further promote the destruction of humanity and the disintegration of American democracy at the hands of Trump, Miller, Barr, Putin, and the rest of the gang?
But, courageous “outings” like those by Justice Sotomayor will help insure that history will be able to trace the bloody path of needless deaths, ruined lives, wasted human potential, official hate mongering, and unspeakable human misery they are unleashing directly to their doors and hold them accountable in a way that our current system has disgracefully failed to do.
Trump was right about at least one thing: There are indeed “GOP Justices” on the Supremes wholly owned by him and his party. They consistently put GOP rightist ideology and and authoritarianism above the Constitution, human rights, the rule of law, intellectual honesty, and simple human decency. Other than that, they’re a “great bunch of guys!”
Senate chaplain Barry Black began Wednesday’s session of President Trump’s impeachment trial by praying for God to give senators “civility built upon integrity.”
It was too much to ask.
Just minutes into the session, as lead House impeachment manager Adam Schiff (D-Calif.) presented his opening argument for removing the president, Sen. Rand Paul (R-Ky.) displayed on his desk a hand-lettered message with big block letters pleading: “S.O.S.”
In case that was too subtle, he followed this later with another handwritten message pretending he was an abducted child:
“THESE R NOT MY PARENTS!”
“PLEASE HELP ME!”
Paul wrote “IRONY ALERT” on another scrap of paper, and scribbled there an ironic thought. Nearby, a torn piece of paper concealed a crossword puzzle, which Paul set about completing while Schiff spoke. Eventually, even this proved insufficient amusement, and Paul, though required to be at his desk, left the trial entirely for a long block of time.
No one expected senators truly to honor their oath to be impartial. But Paul and some of his Republican colleagues aren’t even pretending to treat the proceedings with dignity.
Minutes before the trial opened in earnest on Wednesday, Paul took Trump up on the president’s stated wish to watch the trial from the “front row.” Paul tweeted a photo of a gallery ticket and said, “Mr. President, would love to have you as my guest during this partisan charade.”
Trump retweeted the message. (Unlike during President Bill Clinton’s impeachment, gallery tickets make no mention of an impeachment trial.)
Some of Paul’s Republican Senate colleagues were only slightly better behaved as the House managers presented the evidence.
Opinion | Trump’s impeachment defense could create a dangerous precedent
President Trump doesn’t have to commit a crime to be impeached, says constitutional law professor Jonathan Turley. (Joy Sharon Yi, Kate Woodsome, Jonathan Turley/The Washington Post)
Marsha Blackburn (Tenn.) and Joni Ernst (Iowa) read press clippings. (Blackburn had talking points on her desk attacking the whistleblower.) Sessions begin with an admonition that “all persons are commanded to keep silence, on pain of imprisonment,” but Ernst promptly struck up a conversation with Dan Sullivan (Alaska), who talked with Ron Johnson (Wis.). Steve Daines (Mont.) walked over to have a word with Ben Sasse (Neb.) and Tim Scott (S.C.), who flashed a thumbs-up.
Lindsey Graham (S.C.) variously shook his head in disagreement with the managers, picked his teeth and yawned. Tom Cotton (Ark.) ordered up a glass of milk, then another, then unwrapped a chocolate bar to share with Ernst. An aisle over, James Risch (Idaho), who fell asleep during Tuesday’s session, talked loudly enough to be heard in the press gallery.
“Mr. Chief Justice, I do see a lot of members moving and taking a break,” said House impeachment manager Jason Crow (D-Colo.), who was trying to speak. “Would you like to take a break?”
“I think we can continue,” replied Chief Justice John Roberts, who had been perusing printouts of emails.
In fairness, the proceedings were lengthy, and tedious. When Schiff, after two hours, uttered the phrase “now let me turn to the second article,” the press gallery erupted in groans. Democrats appeared restless, too; Sen. Bernie Sanders (I-Vt.) slouched low in his chair, head resting on chest, forehead in hand.
Some might have nodded off entirely but for Rives Miller Grogan, a conservative activist who burst into the chamber at 6 p.m. and screamed “Jesus Christ!” before police shoved him out. Grogan’s continued screaming — something about Senate Minority Leader Chuck Schumer (D-N.Y.) being the devil — could be heard in the chamber, where senators, jolted to alertness, shared a bipartisan chuckle.
Roberts only once rebuked the behavior in the chamber. As Tuesday’s session bled into the early hours of Wednesday, impeachment manager Jerrold Nadler (D-N.Y.) warned senators against making a “treacherous vote” for a “coverup.” White House counsel Pat Cipollone, a member of Trump’s defense team, said Nadler “should be embarrassed” and called on the Senate to “land this power trip.”
Roberts, admonishing both sides “to remember that they are addressing the world’s greatest deliberative body,” cited the lofty example of a 1905 impeachment trial when use of the word “pettifogging” — defined as the bickering over trivialities — was disallowed as too pejorative.
Now, the world’s greatest deliberative body has devolved into a palace of pettifoggery.
Nadler was in the penalty box. When a reporter asked a question of Nadler at a news conference Wednesday morning, Schiff interrupted: “I’m going to respond to the questions.” Later, on the floor, a contrite Nadler thanked senators for “your temperate listening and patience last night.”
Patience, however, was in short supply as Schiff and his team made their case. Ignoring the impeachment managers, and the silence requirement, Graham chatted with Sen. John Barrasso (Wyo.). Sen. John Boozman (Ark.) had a word with Sen. John Hoeven (N.D.), while Sen. David Perdue (Ga.) talked with Sen. Ted Cruz (Tex.). And on, and on.
Reading from Federalist 65, Schiff quoted Alexander Hamilton: “Where else than in the Senate could have been found a tribunal sufficiently dignified” to conduct an impeachment trial with “the necessary impartiality”?
Clearly, Hamilton couldn’t have imagined this Senate. S.O.S.!
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And, today, Milbank royally “nailed” the anti-democratic death spiral of American institutions that J.R. and his GOP colleagues have helped create.
John Roberts comes face to face with the mess he made
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In an image taken from video, Chief Justice John G. Roberts Jr. presides over the impeachment trial of President Trump on Thursday in the Senate chamber. (Senate TV via AP)
There is justice in John Roberts being forced to preside silently over the impeachment trial of President Trump, hour after hour, day after tedious day.
The chief justice of the United States, as presiding officer, doesn’t speak often, and when he does the words are usually scripted and perfunctory:
“The Senate will convene as a court of impeachment.”
“The chaplain will lead us in prayer.”
“The sergeant at arms will deliver the proclamation.”
Otherwise, he sits and watches. He rests his chin in his hand. He stares straight ahead. He sits back and interlocks his fingers. He plays with his pen. He takes his reading glasses off and puts them on again. He starts to write something, then puts his pen back down. He roots around in his briefcase for something — anything? — to occupy him.
Roberts’s captivity is entirely fitting: He is forced to witness, with his own eyes, the mess he and his colleagues on the Supreme Court have made of the U.S. political system. As representatives of all three branches of government attend this unhappy family reunion, the living consequences of the Roberts Court’s decisions, and their corrosive effect on democracy, are plain to see.
Ten years to the day before Trump’s impeachment trial began, the Supreme Court released its Citizens Uniteddecision, plunging the country into the era of super PACsand unlimited, unregulated, secret campaign money from billionaires and foreign interests. Citizens United, and the resulting rise of the super PAC, led directly to this impeachment. The two Rudy Giuliani associates engaged in key abuses — the ouster of the U.S. ambassador to Ukraine, the attempts to force Ukraine’s president to announce investigations into Trump’s political opponents — gained access to Trump by funneling money from a Ukrainian oligarch to the president’s super PAC.
Opinion | The chief justice presides over impeachment, but don’t expect a lot from him
Columnist Ruth Marcus explains what the chief justice may or may not do in President Trump’s Senate impeachment trial. (Video: Danielle Kunitz, Joy Sharon Yi, Kate Woodsome/Photo: Jabin Botsford/The Washington Post)
The consequences? Falling confidence in government, and a growing perception that Washington had become a “swamp” corrupted by political money, fueled Trump’s victory. The Republican Party, weakened by the new dominance of outside money, couldn’t stop Trump’s hostile takeover of the party or the takeover of the congressional GOP ranks by far-right candidates. The new dominance of ideologically extreme outside groups and donors led lawmakers on both sides to give their patrons what they wanted: conflict over collaboration and purity at the cost of paralysis. The various decisions also suppress the influence of poorer and non-white Americans and extend the electoral power of Republicans in disproportion to the popular vote.
Certainly, the Supreme Court didn’t create all these problems, but its rulings have worsened the pathologies — uncompromising views, mindless partisanship and vitriol — visible in this impeachment trial. And Senate Majority Leader Mitch McConnell (R-Ky.), no doubt recognizing that the Supreme Court’s conservative majority is helping to preserve his party’s Senate majority, has devoted much of his career to extending conservatives’ advantage in the judiciary.
He effectively stole a Supreme Court seat by refusing for nearly a year to consider President Barack Obama’s eminently qualified nominee, Merrick Garland, to fill a vacancy. And, expanding on earlier transgressions by Democrats, he blew up generations of Senate procedures and precedents requiring the body to operate by consensus so that he could confirm more Trump judicial appointees.
It’s a symbiotic relationship. On the day the impeachment trial opened, the Roberts Court rejected a plea by Democrats to expedite its consideration of the latest legal attempt by Republicans to kill Obamacare. The court sided with Republicans who opposed an immediate Supreme Court review because the GOP feared the ruling could hurt it if the decision came before the 2020 election.
Roberts had been warned about this sort of thing. The late Justice John Paul Stevens, in his Citizens Uniteddissent, wrote: “Americans may be forgiven if they do not feel the Court has advanced the cause of self-government today.”
Now, we are in a crisis of democratic legitimacy: A president who has plainly abused his office and broken the law, a legislature too paralyzed to do anything about it — and a chief justice coming face to face with the system he broke.
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Profiles in Fecklessness
By Paul Wickham Schmidt
Exclusive for Courtside
Jan. 24, 2020
“World’s Greatest Deliberative Body,” indeed! It’s the GOP Clown
Show with the complicit Chiefie presiding.
Milbank doesn’t even get to the absolute unconstitutional carnage and unending human misery the “Roberts Court” has created with its complicity in the Trump regime’s White Nationalist immigration agenda: a religiously-biased “Travel Ban” — fine with us; bogus invocation of “national emergencies” to illegally misappropriate money for a wall and otherwise dump on migrants’ rights — “no problema;” unconstitutional, unnecessary, and inhumane “civil” detention — no need to rush to judgment; illegal rewriting of asylum laws by Executive fiat — “right on;” disenfranchisement of African-American and Hispanic voters — not our problem; unwarranted shooting of an unarmed Mexican teenager by U.S. agent — tough luck, kid, your life is worthless to us; lawless and irrational termination of DACA — let’s let the kids twist in the wind for awhile; lies and pretexts for a racially motivated attempt to undercount people of color in the census — “tisk, tisk, naughty to lie to courts” (but, others among J.R.’s GOP judicial stooges where anxious to sweep the whole thing under the rug), disingenuous pleas by the Solicitor General to short-circuit the normal Federal Court litigation rules for the benefit of the regime — bring it on, and on an on.
Every day, the Trump regime conducts itself with disregard for the law and contempt for Federal Courts. The nation’s largest and, in many ways, most important Federal “court” system — the U.S. Immigration Court — isn’t a “court” at all, within any normal understanding of the word. Its structure and operation is blatantly unconstitutional — dissing the Due Process requirement for fair and impartial quasi-judicial adjudicators for “enforcement agents in robes” beholden to Chief Trump Toady Billy Barr, and, through him, to DHS Enforcement. J.R. and his “Complicit Five” are above it all.
The only human lives and rights for which the Supremes’ majority evinces any particular concern are the lives of the unborn and the rights of citizens to assault each other with high-power weapons. Only corporations appear to have rights worth protecting under J.R.’s skewed view of America. What’s wrong with this twisted and nonsensical picture of our once-proud legal system?
The only good news: America will have a chance (perhaps out last clear one) to vote at least some of the GOP clowns out of office in November!
Of course, J.R. and his GOP robed sell-outs are immune from accountability and far above the daily unfolding of the unconscionable legal, moral, and human disasters and tragedies they have countenanced and enabled. But, they are not immune from the judgment of history!
The Constitution requires the Chiefie to preside over the rest of the GOP Clown Show and “validate” the pre-announced violation of their oaths as openly biased jurors like Graham, McConnell, Paul, Cruz, and the other GOP Trump toadies have already flaunted in J.R.’s face.
Respect has to be earned. Unless and until the Chiefie starts enforcing the law, upholding Due Process in the face of Trump’s scofflaw behavior, and saving a few lives of the most vulnerable among us, J.R. will see a continued deterioration of his reputation and a harsh historical judgment of his complicity in the face of anti-American tyranny.
As MLK, Jr., once said: “Injustice anywhere is a threat to justice everywhere.” I’m sure that J.R., student of history that he is, has read that quote; but, tragically, it seems to have gone in one ear and out the other! You don’t have to look very far or be #1 in your class at Harvard Law to see the Constitutional mockery and grotesque injustices, not to mention rudeness and inhumanity, taking place in our Immigration Courts, at our borders, and in our overall immigration system every day!
Time to wake up, get involved, and end the Clown Show, Chiefie! That’s what life-tenure is supposed to be about! That’s what courageous and exemplary historical legacies are built upon!
Due Process Forever; Feckless & Complicit Courts, Never!
It was a 25-year-old Martin Luther King Jr., whose birthday is celebrated on Monday, who stood in the pulpit of Detroit’s Second Baptist Church on Feb. 28, 1954. The Montgomery bus boycott, which would launch the future leader of the American civil rights movement to national prominence, was nearly two years away.
King roused the Second Baptist congregation that Sunday morning with a sermon that did not once mention race. Discrimination, segregation, protest demonstrations — these were not on his agenda. The young preacher went deeper, if such a thing was possible during an era of racial turmoil.
King got the congregation thinking about values, a subject as relevant today as it was in 1954.
King talked about lost values and the need for rediscovering them.
Something seemed fundamentally wrong in society, he preached. And it wasn’t because society didn’t know enough. Scientific progress was amazing. King said in 18th-century America, it took three days for a letter to go from New York City to Washington; in 1954, a person could go from Detroit to China in less time.
It’s even more astonishing today. Breakfast can be had in Washington, teatime enjoyed in London and a nightcap swallowed in New York City — all in the same day.
The trouble, he said, was not that we don’t know enough but that “we aren’t good enough.” Scientific genius, he said, has outpaced “our moral genius.” The greater danger facing the country in ’54, King noted, was not “the atomic bomb that was created by physical science” that could be dropped on the heads of thousands of people, but “that atomic bomb which lies in the hearts and souls of men, capable of exploding into the vilest of hate and into the most damaging selfishness.”
That thought calls to mind the more than three dozen countries in the world with unmanned, missile-armed drones capable of being launched from afar under remote control and striking and killing with precision. Think about what lies within the hearts and souls of leaders in countries such as North Korea, China, Iran, Russia, Turkey and, yes, the United States.
King called attention to shaky moral foundations and the “relativistic ethic” that was being applied to right and wrong. He described it as an ethic that says “since everybody is doing it, it must be right” — an ethic that means “people can’t stand up for their . . . convictions, because the majority of people might not be doing it.” He said it’s “a sort of numerical interpretation of what’s right.”
King’s teaching got me to thinking about the 53 Senate Republicans who know that some things are right and some things are wrong, but adjust their attitudes relative to the behavior of President Trump.
King said he was at Second Baptist to say that some things are right and wrong, eternally and absolutely. “It’s wrong to hate,” he declared. “It has always been wrong, and it always will be wrong. It’s wrong in America, it’s wrong in Germany, it’s wrong in Russia, it’s wrong in China. It was wrong in 2000 B.C., and it’s wrong in 1954 A.D. It always has been wrong, and it always will be wrong!”
That got me thinking about White House senior policy adviser Stephen Miller. How can a person who pushes white nationalism, invokes a 1924 American immigration law extolled by Adolf Hitler, is bigoted and racially intolerant — how can he end up in the White House?
Then I stopped to think about who put Miller where he is — President Trump. The same President Trump who recently retweeted to his 71 million followers a doctored photo of House Speaker Nancy Pelosi (D-Calif.) wearing a hijab and Sen. Charles E. Schumer (D-N.Y.) with a turban on his head in front of an Iranian flag with a caption reading, “the corrupted Dems trying their best to come to the Ayatollah’s rescue.” Why wouldn’t an insulter of Islam and Muslims, who also inflicts cruelty at our southern border, want to have the likes of Stephen Miller at his side?
King’s sermon derided what he regarded as a pragmatic test applied to right and wrong: “If it works, it’s all right. Nothing is wrong but that which does not work. If you don’t get caught, it’s right.”
=Which made me think of Trump using the powers of his office to solicit a foreign government to help take down a domestic political opponent, lying about his successes and taking credit for things he didn’t do — all because it works. And his adoring believers eat it up.
King reminded the Second Baptist worshipers that “it’s possible to affirm the existence of God with your lips and deny his existence with your life.”
Which makes me visualize Trump basking at evangelical rallies and paying lip service to God, while paying actual service to himself.
Knowing right from wrong; honesty; justice. Basic values preached by Martin Luther King Jr. still need rediscovering in 2020.
The policies terrify. A border wall. Family separation. The purgatory of waiting for asylum in a third country.
In December, the Washington Post reported that U.S. Immigration and Customs Enforcement wants to use migrant children in detention as bait. Adults who show up to claim them would be targeted for arrest and deportation.
The words incite fear. “Bad hombres.” “Rapists.” “Criminals.” “Shithole countries.” When uttered by a U.S. president, they carry even greater weight.
Britain, Poland, Italy, the United States. Around the world, countries once proud of welcoming immigrants seem determined to find ever more devious ways to keep them out. Are these signs of a newly ascendant nationalism? Or the last gasps of existential fear?
The worldwide immigration crisis — and the racism apparently driving it — can trace its roots in part to a century-old book, Madison Grant’s “The Passing of the Great Race.”
In publishing a centenary edition of the 1916 work, white nationalist Ostara Press praised the book as a “call to American whites to counter the dangers both from non-white and non-north Western European immigration.” Grant proposed a “Nordic race,” loosely centered in Scandinavia, as principally responsible for human social and cultural development. He feared immigration and intermarriage would dilute this race, dooming it to extinction.
Grant’s fears of his “great race” passing are very much alive today.
The Southern Poverty Law Center’s ongoing study of emails sent by Stephen Miller to Breitbart News in the lead-up to the 2016 presidential election document his affinity for white nationalism. Miller, an architect of the Trump administration’s immigration policies, lauds former President Calvin Coolidge for signing the Immigration Act of 1924, which hardened non-white immigration and eased white immigration from Western Europe. It also established the U.S. Border Patrol, the predecessor of Customs and Border Protection and ICE.
Grant’s writing is credited as part of the inspiration for the creation and passage of that 1924 Act. Hitler called Grant’s book, “my bible.” Grant’s ideas defined apartheid. His book fueled the U.S. eugenics movement.
Eugenics is a pseudoscience of race that seeks to breed and maintain a “Nordic stock” of human beings, while culling undesirables — blacks, Jews, Asians, South Americans, homosexuals, the physically and mentally ill, and others — through measures ranging from forced sterilization to death.
In Grant’s day, eugenics attracted the rich and famous — Carnegies, Rockefellers, and the Kelloggs of Corn Flakes fame. Eugenicist Margaret Sanger, founder of Planned Parenthood, saw birth control work as eliminating “human weeds” and Alexander Graham Bell presided over the scientific directors of the Eugenics Records Office, a research institute in Cold Spring Harbor, N.Y.
Eugenics is very much in vogue among white nationalists and far-right groups worldwide, though refashioned now into broader conspiracies like “replacement theory,” which originated in France with the writings of Renaud Camus and proposes that U.S. and European whites are being intentionally “replaced” through low birth rates and liberal immigration policies.
“We can’t restore our civilization with somebody else’s babies,” tweeted U.S. Rep. Steve King (R-Iowa) in 2017. A gunman in Norway who murdered 80 people in 2011 portrayed the act as a defense of the Nordic race from the scourge of Islamic immigration. Similar “replacement theory” fears influenced mass shooters in Christchurch, Pittsburgh, El Paso and Charleston.
Surprisingly, Grant was as an early conservationist who saw in the fate of endangered species — the moose, the buffalo, the redwood tree — a similar fate awaiting his “Nordics.” He helped establish the U.S. National Park system. Modern-day environmental and climate movements have roots in Grant’s work, leading to a convoluted, bizarre specter:
The U.S. and European countries that Grant lauded manufacture the “greenhouse gases” threatening the environment that Grant sought to protect. Meanwhile, the climate crisis produces refugees from countries that Grant abhorred, seeking shelter in countries with draconian immigration policies that Grant helped to create.
Yet Grant was right. His “great race” is passing. Studies cite 2050 as the tipping point, when U.S. whites will become a statistical minority, and most Americans will be people of color. Whether crafted in overtly racist language or couched in covertly racist immigration policies, fear of the “great race” passing is used to win elections, cling to power, manipulate public opinion and grow organizational membership.
Immigrants built America. This new wave is no different. They are the face of the future, deserving new lives in a country that helps them succeed.
Yes, the “great race” is passing. Good riddance. And we should turn to finding ways to help everyone accept this inevitability — and thrive from it.
Clyde W. Ford is the author of “Think Black,” a memoir about his father, the first black software engineer in America.
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Like those who were behind or “went along to go along” with horrible parts of our history like Dred Scott, Plessy v. Ferguson, the Chinese Exclusion Laws, or Jim Crow, Trump’s supporters and enablers eventually will have much to answer for in the “court of history.”
“Fake news.” “alternative facts,” false narratives, and internet myths might be gospel to Breitbart, Fox News, GOP sycophants, and Trump voters, but eventually, particularly in an age of information and documentation, “truth will out.” And, it won’t be pretty for the “Modern Day Jim Crows” any more than it was for the segregationists and other racists who preceded them.
There was a time when I believed, almost as an article of faith, that with the passage of time, America would age out of racism. What in the world was I thinking?
But that is what I told myself in the fall of 1954 — five months after the Supreme Court’s school desegregation decision — when I learned that students attending then-all-white Eastern, Anacostia and McKinley Technical high schools, and several white junior high schools in the District, had staged walkouts to protest the assignment of black kids to their schools. I was enrolled at then-all-black Dunbar High School at the time.
I really believed that racial integration was a step toward the goal of full equality and that, as the months wore on, those who walked out would shed their fear and anger. Instead, they and their families devoted the time remaining before the black students arrived to finding a means to flee the city.
Still I dreamed.
When, in 1956, students and adults shouted racial epithets and threw rotten eggs and rocks at a young black woman named Autherine Lucy who tried to enter the University of Alabama to obtain a degree in library science, I consoled myself with the thought that the hurlers of eggs and epithets would age out of the picture. Even when the University of Alabama expelled Lucy, under the guise of ensuring her personal safety, I thought those elders would one day be off the scene.
The same thought was in my head in the fall of 1957, when Arkansas Gov. Orval Faubus called the National Guard to surround Central High School in Little Rock to prevent nine African American students from attending the all-white school, declaring “blood will run in the streets” if black students attempted to enter.
One day, oh one fine day, I believed, it’s gonna be over because one day, folks such as Orval Faubus are gonna be dead and gone.
But they were still around years later when, in the summer of 1964, Michael Schwerner and Andrew Goodman, two white New Yorkers, and James Chaney, a black Mississippian, were in Mississippi helping to register voters. Schwerner, Goodman and Chaney disappeared on their way back from investigating the burning of an African American church by the Ku Klux Klan. Their bodies were later discovered buried in an earthen dam near Philadelphia, Miss.
Through it all, I clung firmly to the belief that because those white men and women hellbent on making life miserable for people unlike themselves were getting up in age, they would soon die out and be replaced by a younger, more broad-minded, racially tolerant generation of white Americans. Unlike many of their elders, these young people would be unencumbered by ingrained racist ideas, I said to myself.
What a fool was I. Bigotry doesn’t age out.
Evidence of that smacks us in the face.
Dylann Roof, the white supremacist who shot and killed nine black churchgoers in Charleston, S.C., in 2015, including the pastor and a state senator, was 21 at the time.
Holden Matthews, charged with burning three historically black churches in Louisiana a week before Easter, was 21 .
John Earnest, accused of a shooting that killed one and injured three at a synagogue in Poway, Calif., a few weeks after launching an arson attack at a San Diego County mosque, was 19 .
The man charged with the massacre at the Tree of Life synagogue in Pittsburgh that left 11 dead was no septuagenarian; Robert Bowers was 46 .
Then there are the two ninth-grade students at Walt Whitman High School in Bethesda who posted an image of themselves in blackface on social media and used the n-word as they described the photo. They were driven by the same racial animus that caused students to walk out of Eastern, Anacostia and McKinley Tech high schools 65 years ago.
Bigotry is a disease of the mind — a poisonous infection unbounded by age, time or space. It is transmissible, capable of being passed down from elders to child, from community to community, from racial and religious kin to racial and religious kin.
The newly appointed archbishop of Washington, Wilton Daniel Gregory, has called racism “a grave moral disease whose recurrence, aggressiveness and persistence should frighten every one of us.”
What’s striking about today’s disease, Gregory wrote in a December 2016 article carried by the Catholic News Service, is that it “may seem to have been brought under control”; that it was on the wane.
Presciently, Gregory wrote, “We have returned to a moment in our nation’s history when racist feelings and sentiments have been condoned as acceptable to express publicly and publish openly.”
The response he called for would reflect the sentiment of my youth: to “disavow any vestige of racism and hatred of other people because of race, religion, legal status or gender.”
Eradicating and inoculating us from this disease is our hope and never-ending challenge — for each of us. For certain, hate won’t outgrow itself.
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I have noticed before the similarity between the faces and expressions of the overwhelmingly white, mindlessly cheering crowds, behind Trump at his rallies as he rattles off his “normal litany” of lies, insults, and racist provocations and the absurd, yet ugly and dangerous, faces of white racists in the 1950’s and 1960’s South —- captured in black and white photos as they bullied and taunted African Americans at lunch counters or African American kids attempting to attend school. Really, I also wanted to believe that those days were gone, and the white folks pictured were either gone or would be embarrassed and humiliated by the cowardice, ignorance, and inhumanity of their past actions.
King is right: “hate won’t outgrow itself.” And Trump and his followers are are nurturing, growing, and harvesting that hate on a daily basis. The majority of us who don’t believe in Trump’s vile messages and unacceptable methods must take our country back before hate and bigotry consume it!
