Archives for category: Civil Rights

Michael Tomasky came up with an interesting thought. Writing in The New Republic, he speculated on what Joe Biden could accomplish if the Supreme Court rules that Presidents have absolute immunity for anything they do in their official capacity. Time for Dark Brandon!

During last week’s oral arguments in United States v. Trump, it sure sounded like there might be five Supreme Court justices willing to conclude that a president should indeed have lifetime immunity from legal reprisal for official acts committed as president. This prospect is terrifying because it would hand a President Trump a nearly blank check to do anything he wants—to the Constitution, to his political opponents, to the executive branch—and there will be no way to stop him unless 67 votes emerge in the Senate to convict him of high crimes and misdemeanors and remove him from office, which seems a near impossibility, given Republicans’ excessive fealty to and fear of the man and his movement.

But then it occurred to me over the weekend: Well, wait a second. Donald Trump isn’t president. Joe Biden is. And if presidential immunity for official acts were to apply to a future President Trump, would it not also apply to current President Biden?

Of course it would. And I hope that fact has them doing some thinking in the Biden White House. Democrats should drive the point home to Republicans and the nation that two can play this game.

What “official acts” might Biden undertake once Samuel Alito, Clarence Thomas, Neil Gorsuch, Bret Kavanaugh, and possibly John Roberts declare him to be above the law? Well, let’s have some fun here.

Let’s start with the Supreme Court itself. Biden could wake up one day and announce that the court should have 13 members, or 15, and he could set about appointing the new associate justices and doing his best to ram them through the Senate, offering Joe Manchin trillions in economic development for West Virginia to secure the retiring senator’s support, between now and Election Day.

Politically risky? Sure. But maybe not as politically risky as most pundits would assume—and not nearly as costly to the republic as the things Trump is contemplating doing. Remember, the Constitution calls for no set number of justices. Biden would be within even his pre-immunity rights to try to change it. Two polls came out last fall asking respondents whether they’d favor court expansion, and the affirmative view prevailed in both: It was 54-46 in one, and 44-35 (with 22 percent having no opinion) in the other. That looks like a winnable political fight to me.

Biden would need only to make two arguments. Number one, this court delegitimized itself when it took away a half-century-old right, the right to a safe and legal abortion, in the Dobbs ruling. Every one of the justices who voted to strip that right away from women vowed in his or her confirmation hearing about their deep respect for precedent. They all lied. Number two, this very court gave me the power to do this! I’m only doing what this very Supreme Court just ruled a president was within his rights to do.

Okay. We all know Biden is not going to do that. He’s too respectful of tradition, and Democrats are too fearful of the right-wing noise machine, which would kick into an unprecedented outrage gear if Biden actually tried to make use of the tools the Supreme Court just handed him.

But here’s my point. If this court were to give presidents a grant of immunity for official acts, Biden should most certainly use the occasion to play some hardball. Make some threats about what he might do with this power. Get the American public thinking about some things they just don’t think about enough, leading public opinion in the direction of reforming aspects of our democratic system that badly need reform.

Take the Electoral College. Democrats have won seven of the last eight presidential elections, in popular vote terms, but this archaic and reactionary system that was put into place to give presidential candidates from slaveholding states an advantage has helped elect two Republicans who lost the popular vote.

I don’t think Biden should just unilaterally end the Electoral College—although, if he had immunity for all official acts, he could certainly give it a whirl, let conservatives bring a civil lawsuit, and see what his new 13-member Supreme Court thinks of the idea.

Less audaciously, he could certainly find some legal way to put an end to all these MAGA-driven attempts to seat alternate electors in states whose outcomes they dispute, which they did in seven states in 2020 and by all accounts are preparing to do again this year. Yes, the GOP-led House would impeach him, but so what? There’d never be 67 votes in the Senate to convict. And as with court expansion, if it were clear that he had really won the disputed states, public opinion would be on Biden’s side, and he’d have pushed the Overton window dramatically in the direction of eventual abolition of the Electoral College.

Okay, this, too, is a little out there for Biden. More seriously, he could use an immunity grant to issue a series of rulings and orders that would be aimed toward two ends: one, shoring up some of his policy decisions against the inevitable Trump reversals should Trump be elected, and two, preemptively making it harder for Trump to do some of the things that the infamous Project 2025 pledges he will do.

On the former, for example, the Biden administration could undertake a number of administrative moves on the civil rights and labor fronts to make it harder for Trump to undo what Team Biden has done. And on the latter, Biden can find a way to make it basically impossible for Trump to implement his so-called Schedule F plans, under which Trump would give himself the authority to fire more federal workers and replace them with lackeys. And that’s just for starters. With immunity for official acts, Biden could preemptively defang a lot of what promises to be undemocratic and authoritarian about a Trump second term.

Of course, the Supreme Court might not even issue a ruling on immunity. It might just remand it back to the Washington, D.C., appeals court that ruled in February that Citizen Trump was not immune from prosecution—that is, the high court’s real intent may just have been to delay the prosecution of Trump on January 6 insurrection charges, not to shield him from prosecution.

But I hope we’ve all learned by now never to underestimate the cynical perfidy of this court majority. They may well limit presidential immunity, thinking they’re helping Trump remake the country in his fascist fashion. They’ll calculate that the old institutionalist Biden would never use his new powers in the closing months and weeks of his term. It would be delicious to see him prove them wrong.

Robert Hubbell summarizes Trump’s goals, as he explained them to TIME magazine in an interview. They sound remarkably fascistic. All power to the imperial President. No checks or balances. Remember and ask yourself: is this the country we want to live in? I suppose we should be glad that Trump is turning 80 this year. With any luck, he won’t have time to abolish the Constitution and make himself President-for-life.

Hubbell writes:

On a day of many important stories, the most important news came from Donald Trump’s interview with Time Magazine. See Donald Trump on What His Second Term Would Look Like | TIME. In the interview, Trump confirmed that he will attempt to exercise dictatorial powers in a second term.

We have been warned.

We ignore Trump’s threats at our peril and the peril of our democracy.

In describing his fever dream of autocratic powers, Trump said he would take (or allow) the following actions:

  • Allow states to monitor the pregnancies of women to ensure they comply with abortion bans (a grotesque violation of liberty, privacy, and dignity).
  • Fire US attorneys who refuse to prosecute defendants targeted by Trump (a violation of US norms dating to the creation of the Department of Justice).
  • Initiate mass deportations of alleged illegal immigrants using the US military and local law enforcement (neither of which are authorized to enforce US immigration law).
  • Pardon insurrectionists who attacked the Capitol on January 6.
  • Prosecute President Biden (for unspecified and non-existent crimes).
  • Deploy the National Guard to cities and states across America—likely those with predominately Democratic populations (presumably under the Insurrection Act, a deployment would violate the terms of the Act and implementing regulations).
  • Withhold funds from states in the exercise of his personal discretion (a violation of the Impoundment Control Act of 1974).
  • Abandon NATO and South Asian allies if he feels the countries are not paying enough for their own defense.
  • Shutter the White House pandemic-preparedness office.
  • Fire tens (hundreds?) of thousands of civil servants and replace them with Trump acolytes with dubious qualifications (other than loyalty to Trump).

Most readers of this newsletter understand the seriousness of Trump’s threats and are working tirelessly to prevent a second Trump term. But tens of millions of Americans seem oblivious or apathetic in the face of an imminent and dire threat.

If elected, will Trump succeed in achieving any of his stated goals? No—not if Democrats continue their resistance in the courts, in Congress, in state legislatures, and in the hearts and minds of most Americans.

However, whether Trump succeeds in achieving his stated objectives is beside the point. He will attempt to do so—and his attempts will tear at the fabric of democracy and destroy legal norms that have served as the bedrock of our republic since its founding.

To be clear, I am not attempting to frighten readers of this newsletter. To the contrary, I believe that we can and will defeat Trump—or outlast him, whatever it takes. But the interview confirms that we are not frantic alarmists exaggerating the threat posed by Trump.

No, far from it.

When we challenge the milquetoast, both-siderism reporting of the media or the normalization of Trump by spineless politicians, we are not overreacting. We are sounding the alarm in a responsible, necessary way. For reasons that defy comprehension, our warnings have been unheeded—often dismissed, minimized, or patronized.

We must redouble our efforts. Commit the above list to memory. Copy the URL so you can forward this newsletter or the Time Magazine article to friends, colleagues, and complete strangers who doubt that Trump is a danger to democracy. Pick two or three issues and be prepared to discuss them when the moment arises. We have been warned—and we must act accordingly. 

Jim Hightower is an old-fashioned Texas liberal. He tries to understand what’s happened to his state in his blog. The GOP is just plain mean and crazy.

He writes:

If you think the GOP’s Congress of Clowns represents the fringiest, freakiest, pack of politicos that MAGA-world can hurl at us – you haven’t been to Texas.

It’s widely known, of course, that Ted Cruz, Greg Abbott, and most other top Republican officials here are obsequious Trump acolytes. Thus, Texas is infamously racing against Florida to be declared the stupidest, meanest, most-repressive state government in America, constantly making demonic attacks on women’s freedom, immigrants, voting rights, public schools, poor people, and so on. But I’m confident Texas will win this race to the bottom for one big reason: GOP crazy runs extraordinarily deep here.

We have a county-level layer of ultra-MAGA cultists constantly pressing the state’s far-right officials to march all the way to the farthest edge of extremism – then leap into absurdity. Therefore, the party officially supports abolishment of labor unions, elimination of the minimum wage, privatization of social security, legalization of machine guns, and… well, you get the drift. Now, though, local mad-dog Trumpistas are pushing their party straight into the abyss of autocracy by declaring war on H-E-B.

What’s that? H-E-B is a Texas chain of supermarkets beloved in communities throughout the state. “Beloved,” because the stores fully embrace the rich diversity of all people in our state, has affordable prices, values employees, and supports community needs.

Nonetheless, county Republican zealots screech that H-E-B violates their party ideology by accepting food stamps, opposing privatization of schools, and (horrors!) sponsoring some LBGTQ pride events. So, they’re demanding official condemnation of the grocery chain for – GET THIS – “advocating for policies contrary to the Republican Party of Texas platform.”

Yes, violating the party platform is to be criminalized. It’s the reincarnation of Orwell’s Nineteen Eighty-Four: Be MAGA… or else.

Barbara Pariente served on the Florida Supreme Court for more than twenty years and is now retired. She was astonished by that court’s recent decision to approve a six-week ban on abortion, because the state constitution explicitly protects privacy rights, which unquestionably—until now—included abortion decisions.

She recently wrote in Slate:

On April 1, the Florida Supreme Court, in a 6–1 ruling, overturned decades of decisions beginning in 1989 that recognized a woman’s right to choose—that is, whether to have an abortion—up to the time of viability.

Anchored in Florida’s own constitutional right to privacy, this critical individual right to abortion had been repeatedly affirmed by the state Supreme Court, which consistently struck down conflicting laws passed by the Legislature.

As explained first in 1989:

Florida’s privacy provision is clearly implicated in a woman’s decision of whether or not to continue her pregnancy. We can conceive of few more personal or private decisions concerning one’s body in the course of a lifetime.

Tellingly, the justices at the time acknowledged that their decision was based not only on U.S. Supreme Court precedent but also on Florida’s own privacy amendment.

I served on the Supreme Court of Florida beginning in 1998 and retired, based on our mandatory retirement requirement, a little more than two decades later. Whether Florida’s Constitution provided a right to privacy that encompassed abortion was never questioned, even by those who would have been deemed the most conservative justices—almost all white men back in 1989!

And strikingly, one of the conservative justices at that time stated: “If the United States Supreme Court were to subsequently recede from Roe v. Wade, this would not diminish the abortion rights now provided by the privacy amendment of the Florida Constitution.” Wow!

In 2017 I authored an opinion holding unconstitutional an additional 24-hour waiting period after a woman chooses to terminate her pregnancy. Pointing out that other medical procedures did not have such requirements, the majority opinion noted, “Women may take as long as they need to make this deeply personal decision,” adding that the additional 24 hours stipulated that the patient make a second, medically unnecessary trip, incurring additional costs and delays. The court applied what is known in constitutional law as a “strict scrutiny” test for fundamental rights.

Interestingly, Justice Charles Canady, who is still on the Florida Supreme Court and who participated in the evisceration of Florida’s privacy amendment last week, did not challenge the central point that abortion is included in an individual’s right to privacy. He dissented, not on substantive grounds but on technical grounds.

So what can explain this 180-degree turn by the current Florida Supreme Court? If I said “politics,” that answer would be insufficient, overly simplistic. Unfortunately, with this court, precedent is precedent until it is not. Perhaps each of the six justices is individually, morally or religiously, opposed to abortion.

Yet, at the same time, and on the same, by a 4–3 majority, the justices—three of whom participated in overturning precedent—voted to allow the proposed constitutional amendment on abortion to be placed on the November ballot. (The dissenters: the three female members of the Supreme Court.) That proposed constitutional amendment:

Amendment to Limit Government Interference With Abortion:

No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion. 

For the proposed amendment to pass and become enshrined in the state constitution, 60 percent of Florida voters must vote yes.

In approving the amendment to be placed on the ballot at the same time that it upheld Florida’s abortion bans, the court angered those who support a woman’s right to choose as well as those who are opposed to abortion. Most likely the latter groups embrace the notion that fetuses are human beings and have rights that deserve to be protected. Indeed, Chief Justice Carlos Muñiz, during oral argument on the abortion amendment case, queried the state attorney general on precisely that issue, asking if the constitutional language that defends the rights of all natural persons extends to an unborn child at any stage of pregnancy.

In fact, and most troubling, it was the three recently elevated Gov. Ron DeSantis appointees—all women—who expressed their views that the voters should not be allowed to vote on the amendment because it could impact the rights of the unborn child. Justice Jamie Grosshans, joined by Justice Meredith Sasso, expressed that the amendment was defective because it failed to disclose the potential effect on the rights of the unborn child. Justice Renatha Francis was even more direct writing in her dissent:

The exercise of a “right” to an abortion literally results in a devastating infringement on the right of another person: the right to live. And our Florida Constitution recognizes that “life” is a “basic right” for “[a]ll natural persons.” One must recognize the unborn’s competing right to life and the State’s moral duty to protect that life.

In other words the three dissenting justices would recognize that fetuses are included in who is a “natural person” under Florida’s Constitution.

What should be top of mind days after the dueling decisions? Grave concern for the women of our state who will be in limbo because, following the court’s ruling, a six-week abortion ban—before many women even know they are pregnant—will be allowed to go into effect. We know that these restrictions will disproportionately affect low-income women and those who live in rural communities.

Senator Bernie Sanders of Vermont was interviewed by Christiane Amsnpour, who asked him what he thought about Trump’s views on abortion.

Watch and listen to Senator Sanders’ succinct response.

Dave Wells, research director of the Grand Canyon Institute, a nonpartisan research center in Arizona, released the following statement:

Phoenix —The Grand Canyon Institute expresses deep distress over the implications for women’s health and rights in response to the Arizona Supreme Court’s decision to uphold a territorial-era law from 1864 that bans nearly all abortions. This ruling poses a significant threat to reproductive freedom and will have profound economic consequences for individuals and families across the state.

While the immediate harm will be experienced by women denied access to healthcare, today’s decision will have negative repercussions for all Arizonans. An analysis published in January 2024 by the Institute for Women’s Policy Research (IWPR) sheds light on the ongoing impact of abortion restrictions, highlighting the negative impacts of such policies on economic prosperity in addition to women’s health. Women constitute a considerable segment of the workforce; restrictions on healthcare access harm not only women and their families but also have adverse effects on local economies. 

This research emphasizes, in the two years before Roe was overturned, the economic toll of abortion restrictions (e.g., required ultrasound), estimating an average annual cost of $173 billion to the United States economy due to reduced labor force participation, earnings levels, and increased turnover among women. This figure understates the substantial economic repercussions of post-Roe abortion bans. Arizona already was facing an average annual economic loss of $4.5 billion, equivalent to 1% of the state’s GDP due to its restrictive measures.

If reproductive health restrictions were removed, almost 597,000 additional women would join the nation’s labor force each year. The national GDP would experience an increase of nearly 0.7%, and employed women aged 15 to 44 would collectively earn an extra $4.3 billion annually.

“By allowing a 160-year-old law to take precedence over the 15-week law passed two years ago, the Arizona Supreme Court has condemned pregnant people to healthcare restrictions reminiscent of an era when slavery remained Constitutionally endorsed” states Dave Wells, research director of the Grand Canyon Institute. “The Court’s decision will also have significant economic consequences for the state.  Our previous restrictive abortion laws already result in an economic cost of $4.5 billion annually, this cost will certainly increase going forward and will be felt by all Arizonans.”

The Grand Canyon Institute emphasizes the importance of safeguarding reproductive rights. As an organization deeply committed to advancing evidence-based policymaking, we are actively engaging in research to further understand the detrimental effects of abortion restrictions on the Arizona economy. This is an area of research we are currently prioritizing, recognizing the profound economic implications of restrictive reproductive health policies.

For more information, contact:

Dave Wells, Ph.D., Research Director

602.595.1025, Ext. 2, dwells@azgci.org

The Grand Canyon Institute, a 501(c) 3 nonprofit organization, is a centrist think tank led by a bipartisan group of former state lawmakers, economists, community leaders and academicians. The Grand Canyon Institute serves as an independent voice reflecting a pragmatic approach to addressing economic, fiscal, budgetary and taxation issues confronting Arizona.

Arizona’s Supreme Court struck down the state’s abortion law. The law that will go into effect was passed in 1864, before Arizona became a state. Were those the good old days, when women had no rights and couldn’t vote? Do Republicans believe in liberty for men only?

The Arizona Republic reports:

The Arizona Supreme Court on Tuesday upheld a 160-year-old abortion ban that could shutter abortion clinics in the state, saying the law that existed before Arizona became a state could be enforced going forward.

The ruling indicated the ban can only be prospectively enforced and the court stayed enforcement for 14 days. But it’s already causing political earthquakes….

The pre-statehood law mandates two to five years in prison for anyone aiding an abortion, except if the procedure is necessary to save the life of the mother. A law from the same era requiring at least a year in prison for a woman seeking an abortion was repealed in 2021.

Enforcement would mean the end of legal abortions in Arizona, though some providers said they will continue offering abortions at least for a time — likely through May — because of a prior court ruling. And, the state’s top Democrats have taken steps to thwart that enforcement. Reproductive rights activists say it means Arizona women can expect potential health complications.

Democratic Gov. Katie Hobbs issued an executive order last year giving all power to enforce abortion laws to the state attorney general. The current attorney general, Democrat Kris Mayes, has vowed not to enforce any abortion bans. But her decision and Hobbs’ order could be challenged by one of the state’s county attorneys.

The decision was 4-2, with Justices John R. Lopez IV, Clint Bolick, James P. Beene and Kathryn H. King in the majority. Lopez wrote the majority opinion, while Vice Chief Justice Ann A. Scott Timmer penned a dissent. Chief Justice Robert M. Brutinel joined Timmer.

I recognized the name of Clint Bolick. He used to be director of litigation at the Goldwater Institute. A libertarian, he led the legal fight for school choice. I can’t reconcile his libertarianism with his opposition to women’s freedom to choose whether to have a child.

Forgive me for posting two reviews of my last book, which was published on January 20, 2020.

As I explained in the previous post, I did not see either of these reviews until long after they appeared in print. Slaying Goliath appeared just as COVID was beginning to make its mark, only a few weeks before it was recognized as a global pandemic. In writing the book, I wanted to celebrate the individuals and groups that demonstrated bravery in standing up to the powerful, richly endowed forces that were determined to privatize their public schools through charters or vouchers.

America’s public schools had educated generations of young people who created the most powerful, most culturally creative, most dynamic nation on earth. Yet there arose a cabal of billionaires and their functionaries who were determined to destroy public schools and turn them into privately-managed schools and to turn their funding over to private and religious schools.

Having worked for many years inside the conservative movement, I knew what was happening. I saw where the money was coming from, and I knew that politicians had been won over (bought) by campaign contributions.

Publishing a book at the same time as a global pandemic terrifies the world and endangers millions of people is bad timing, for sure.

But the most hurtful blow to me and the book was a mean-spirited review in The New York Times Book Review. The NYTBR is unquestionably the most important review that a book is likely to get. Its readership is huge. A bad review is a death knell. That’s the review I got. The reviewer, not an educator or education journalist, hated the book. Hated it. I found her review hard to read because she seemed to reviewing a different book.

I was completely unaware that Bob Shepherd reviewed the review. I didn’t see it until two or three years after it appeared. He wrote what I felt, but I, as the author, knew that it was very bad form to complain, and I did not.

So I happily post Bob Shepherd’s review of the review here.

When I learned about this list of honorees, I thought it was a joke. It’s not.

An award named for Justice Ruth Bader Ginsberg, an icon of liberalism and feminism, will be presented to a surprising list of men and women by the Opperman Foundation at the Library of Congress.

The Hill posted this story:

A prestigious honor named after liberal Supreme Court Justice Ruth Bader Ginsburg and originally established to recognize “women of distinction” is being awarded this year to a surprising group of multiple genders that includes Rupert Murdoch, Elon Musk and Martha Stewart, among others.

The Ruth Bader Ginsburg Leadership Award, also known as the RBG Award, will be presented by the Dwight D. Opperman Foundation at an April 13 gala at the Library of Congress, ITK can reveal.

In addition to conservative media mogul Murdoch, Tesla CEO and X owner Musk, and lifestyle guru Stewart, the award will be given to actor Sylvester Stallone and financier Michael Milken.

First established in 2020 as a recognition solely for women, previous recipients of the RBG Award have included Queen Elizabeth II, singer Barbra Streisand and fashion designer Diane von Furstenberg.

But this year, organizers expanded the award named after the liberal leader of the Supreme Court to include “trailblazing men and women” who “have demonstrated extraordinary accomplishments in their chosen fields.”

Dwight D. Opperman Foundation chair Julie Opperman said in a statement that Ginsburg “fought not only for women but for everyone.”

The Supreme Court justice, a champion of women’s rights, died in 2020 at 87.

“Going forward, to embrace the fullness of Justice Ginsburg’s legacy, we honor both women and men who have changed the world by doing what they do best,” Opperman said.

Who are Murdoch and Musk “fighting for”?

The adoption of voucher programs has been a boon for religious schools. Schools that were financially troubled are now thriving with public subsidies for their students as well as an influx of new students.

This article by reporter Holly Meyer on the Associated Press newswire describes the good fortune of religious schools but does not mention the copious research demonstrating the failure of vouchers.

The Miami Archdiocese’s superintendent of schools says Catholic education is increasingly in demand in South Florida, now that all K-12 students regardless of income are allowed to use taxpayer-funded programs to pay for private school tuition.

Against the backdrop of favorable decisions by the conservative-majority U.S. Supreme Court, Florida was among nine states that expanded school voucher programs last year. So many families have signed up for the taxpayer-funded tuition reimbursements, some states are already exceeding their budgets….

The movement gained momentum amid fallout from pandemic-era school restrictions, debates on how transgender students should participate in school life, and wars over books and curriculum related to race and LGBTQ+ issues….

Some long-running religious schools are now planning for a fuller future after the wave of policy wins for the so-called school choice movement. Others hope voucher expansion comes to their state.

“We are moving into growth mode,” said Jim Rigg, superintendent of the Miami Archdiocese’s 64 schools. Accelerated by the state’s private school scholarship program, enrollment has risen for the last four years, reaching its highest peak in over a decade, he said….

Nearly 80% of private school families choose religious ones, according to P. George Tryfiates, public policy and legal affairs vice president for the Association of Christian Schools International. The association represents about 2,200 U.S. schools.

In a statement, he said Christian schools are, among other things, “a refuge from the cultural wars over sexuality.”

Voucher programs do not include accountability measures nor do they ban discrimination. Religious Scholls are not required to comply with federal laws so they may ban students with disabilities and students of religions different from the sponsor.

Most vouchers are used by students already enrolled in religious schools.

The voucher movement is a not subtle way of gutting civil rights protections.