Archives for category: Cruelty

Katherine Stewart is an expert on Christian Nationalism who has researched its history, attends their conferences, and writes about their determination to destroy our freedoms. Read her recent book “The Power Worshippers.”

Her latest article in The New York Times reports on their recent dramatic gains.

She writes:

The shape of the Christian nationalist movement in the post-Roe future is coming into view, and it should terrify anyone concerned for the future of constitutional democracy.

The Supreme Court’s decision to rescind the reproductive rights that American women have enjoyed over the past half-century will not lead America’s homegrown religious authoritarians to retire from the culture wars and enjoy a sweet moment of triumph. On the contrary, movement leaders are already preparing for a new and more brutal phase of their assault on individual rights and democratic self-governance. Breaking American democracy isn’t an unintended side effect of Christian nationalism. It is the point of the project.

A good place to gauge the spirit and intentions of the movement that brought us the radical majority on the Supreme Court is the annual Road to Majority Policy Conference. At this year’s event, which took place last month in Nashville, three clear trends were in evidence. First, the rhetoric of violence among movement leaders appeared to have increased significantly from the already alarming levels I had observed in previous years. Second, the theology of dominionism — that is, the belief that “right-thinking” Christians have a biblically derived mandate to take control of all aspects of government and society — is now explicitly embraced. And third, the movement’s key strategists were giddy about the legal arsenal that the Supreme Court had laid at their feet as they anticipated the overturning of Roe v. Wade.

They intend to use that arsenal — together with additional weaponry collected in cases like Carson v. Makin, which requires state funding of religious schools if private, secular schools are also being funded; and Kennedy v. Bremerton School District, which licenses religious proselytizing by public school officials — to prosecute a war on individual rights, not merely in so-called red state legislatures but throughout the nation.

Although metaphors of battle are common enough in political gatherings, this year’s rhetoric appeared more violent, more graphic and more tightly focused on fellow Americans, rather than on geopolitical foes.

“The greatest danger to America is not our enemies from the outside, as powerful as they may be,” said former President Donald Trump, who delivered the keynote address at the event. “The greatest danger to America is the destruction of our nation from the people from within. And you know the people I’m talking about.”

Speakers at the conference vied to outdo one another in their denigration of the people that Mr. Trump was evidently talking about. Democrats, they said, are “evil,” “tyrannical” and “the enemy within,” engaged in “a war against the truth.”

“The backlash is coming,” warned Senator Rick Scott of Florida. “Just mount up and ride to the sounds of the guns, and they are all over this country. It is time to take this country back.”

Citing the fight against Nazi Germany during the Battle of the Bulge, Lt. Gov. Mark Robinson of North Carolina said, “We find ourselves in a pitched battle to literally save this nation.” Referencing a passage from Ephesians that Christian nationalists often use to signal their militancy, he added, “I don’t know about you, but I got my pack on, I got my boots on, I got my helmet on, I’ve got on the whole armor.”

It is not a stretch to link this rise in verbal aggression to the disinformation campaign to indoctrinate the Christian nationalist base in the lie that the 2020 election was stolen, along with what we’re learning from the Jan. 6 hearings. The movement is preparing “patriots” for the continuation of the assault on democracy in 2022 and 2024.

The intensification of verbal warfare is connected to shifts in the Christian nationalist movement’s messaging and outreach, which were very much in evidence at the Nashville conference. Seven Mountains Dominionism — the belief that “biblical” Christians should seek to dominate the seven key “mountains” or “molders” of American society, including the government — was once considered a fringe doctrine, even among representatives of the religious right. At last year’s Road to Majority conference, however, there was a breakout session devoted to the topic. This year, there were two sessions, and the once arcane language of the Seven Mountains creed was on multiple speakers’ lips.

The hunger for dominion that appears to motivate the leadership of the movement is the essential context for making sense of its strategy and intentions in the post-Roe world. The end of abortion rights is the beginning of a new and much more personal attack on individual rights.

And indeed it is personal. Much of the rhetoric on the right invokes visions of vigilante justice. This is about “good guys with guns” — or neighbors with good eavesdropping skills — heroically taking on the pernicious behavior of their fellow citizens. Among the principal battlefields will be the fallopian tubes and uteruses of women.

At a breakout session called “Life Is on the Line: What Does the Future of the Pro-Life Movement Look Like From Here?” Chelsey Youman, the Texas state director and national legislative adviser to Human Coalition Action, a Texas-based anti-abortion organization with a national strategic focus, described the connection between vigilantes and abortion rights.

Instead of the state regulating abortion providers, she explained, “You and me as citizens of Texas or this country or wherever we can pass this bill, can instead sue the abortion provider.” Mrs. Youman, as it happens, played a role in promoting the Texas law Senate Bill 8, which passed in May 2021 and allows private citizens to sue abortion providers and anyone who “aids or abets” an abortion. She was exultant over the likely passage of similar laws across the nation. “We have legislation ready to roll out for every single state you live in to protect life regardless of the Supreme Court, regardless of your circuit court.” To be sure, Christian nationalists are also pushing for a federal ban. But the struggle for the present will center on state-level enforcement mechanisms.

Movement leaders have also made it clear that the target of their ongoing offensive is not just in-state abortion providers, but what they call “abortion trafficking” — that is, women crossing state lines to access legal abortions, along with people who provide those women with services or support, like cars and taxis. Mrs. Youman hailed the development of a new “long-arm jurisdiction” bill that offers a mechanism for targeting out-of-state abortion providers. “It creates a wrongful death cause of action,” she said, “so we’re excited about that.”

The National Right to Life Committee’s model legislation for the post-Roe era includes broad criminal enforcement as well as civil enforcement mechanisms. “The model law also reaches well beyond the actual performance of an illegal abortion,” according to text on the organization’s website. It also includes “aiding or abetting an illegal abortion,” targeting people who provide “instructions over the telephone, the internet, or any other medium of communication.”

Mrs. Youman further made clear that Christian nationalists will target the pills used for medication abortions. “Our next big bill is going to make the Heartbeat Act look tame, you guys; they’re going to freak out!” she said. “It’s designed specifically to siphon off these illegal pills.”

Americans who stand outside the movement have consistently underestimated its radicalism. But this movement has been explicitly antidemocratic and anti-American for a long time.

It is also a mistake to imagine that Christian nationalism is a social movement arising from the grassroots and aiming to satisfy the real needs of its base. It isn’t. This is a leader-driven movement. The leaders set the agenda, and their main goals are power and access to public money. They aren’t serving the interests of their base; they are exploiting their base as a means of exploiting the rest of us.

Christian nationalism isn’t a route to the future. Its purpose is to hollow out democracy until nothing is left but a thin cover for rule by a supposedly right-thinking elite, bubble-wrapped in sanctimony and insulated from any real democratic check on its power.

Historian Heather Cox Richardson pointed out an interesting development on her blog:

There was international condemnation of right-wing policies in the U.S. today, when the European Parliament voted 324 to 155, with 38 abstaining, to condemn the Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health, overturning the 1973 Roe v. Wadedecision recognizing the constitutional right to abortion. It also demanded that the European Union recognize the right to abortion in its charter, and to provide “safe, legal and free abortion services, pre-natal and maternal healthcare services, voluntary family planning, youth-friendly services, and HIV prevention, treatment and support, without discrimination.”

Andrew Van Wagner warns that the neoliberal experiment in Arizona is intended to atomize, indoctrinate, and control the population.

As he writes, if you can dumb people down, you can control them. If you can declare some topics unacceptable in the classroom, like racism, you can indoctrinate them.

Van Wagner writes:

“It’s part of the way of controlling and dumbing down the population, and that’s important.”

“Everyone should fight back against the effort to dumb people down and control people—it’s scary to think that the GOP is turning America into a country where people don’t have enough education to be able to resist the GOP’s legislative and cultural agenda.”

“So the new Arizona law is a fantastic and quintessential and perfect example of neoliberalism. The vision is—as I’ve written about previously—atomization for the general population and lots of society and organization and community for elites.”

“Everyone needs to fight back against the GOP’s attack on education. We can’t afford—in a pivotal period like this—to let the GOP impose atomization and indoctrination and control on the American population.”

What is happening to the America that we swore allegiance to every day in public school? what happened to the America that was “indivisible, with liberty and justice for all”? How did we get a rogue Supreme Court that recklessly demolishes women’s rights, the separation of church and state, gun control, public safety, and efforts by government to prevent climate disasters? Who kidnapped the conservative Republican Party that believed in stability and tradition? From whence came the people who scorn the commonweal and ridicule Constitutional norms?

Former state legislator Jeanne Dietsch has an answer. Connect the dots by looking at what has happened to New Hampshire. The coup failed in Washington, D.C. on January 6, she writes. But it is moving forward in New Hampshire, with many of the same characters and all of the same goals.

If you read one post today, read this.

She writes:

During the last few weeks, US House leaders documented the nearly successful January 6 coup piece by piece, before our eyes. That personal power grab failed. Meanwhile, the steps clinching takeover of our government by radical reactionaries have nearly triumphed. A plan decades in the making. A plan nearly invisible to the ordinary public.


I can barely believe myself how this story weaves from Kansas to Concord to DC to the fields of southern Michigan over the course of six decades. It starts in Witchita. Koch Industries is the largest privately held company in the US, with over $115 billion in revenues, mostly fossil-fuel related. For many years, two of the founders’ sons, Charles and David Koch, each owned 42% of the company.


The younger, David, studied in the engineering department of MIT for 5 years, simultaneous with young John H. Sununu. Both finished their Master’s degrees in 1963.

1980: THE KOCHS SET THEIR GOALS


Seventeen years later, David Koch ran for Vice President of the US on the Libertarian ticket. The campaign was largely funded by Koch interests. The Libertarian platform of 1980, shown below, may look disturbingly familiar to those following news today.

Open her post to read the Koch Libertarian platform of 1980.

Libertarians demanded the abolition of Medicare, Medicaid, Social Security, public schools, aid to children, the Post Office, the Environmental Protection Agency, the Department of Energy, and more.

The infrastructure for achieving that platform was founded two years later. It was called the Federalist Society. It was a plan by a “small but influential group of law professors, lawyers, and judges.” Its goal?

To train members of their professions to believe in “originalism.” Originalists “strictly construe” the Constitution as they believed the Framers designed it way back in 1787. This matched David Koch’s 1980 platform. It would leave corporations free to do whatever profited them most without regard for social costs or regulations. Older Federalist Society members used their influence to advance their followers to higher judgeships.

SUNUNU FAMILY ROLES


Meanwhile, John Sununu became governor of New Hampshire, then Chief of Staff for President George W. Bush. In that role, John thwarted a plan for the US to join the international conference to address climate change in 1989. Actions like this, that benefitted Koch and the rest of the fossil-fuel industry, would become a hallmark of the Sununu family.


In 1993, an executive of Charles and David’s Koch Industries Michigan subsidiary, Guardian Industries, became a founding trustee of the Josiah Bartlett Center for Public Policy [JBC] in NH. Its mission was to advance many of the policies listed on David Koch’s platform of 1980. John Sununu, and later his son James, would chair the JBC board through today. Another of Sununu’s sons, Michael, would become a vocal climate denier and industry consultant. Still another, Senator John E. Sununu, would oppose the Climate Stewardship Act of 2003. But the Sununus were not coup leaders, just complicit.

BUILDING INFRASTRUCTURE FOR THE COUP


But let’s jump back to the Federalist Society. Its mission was succeeding. They were stacking the lower courts.?..Those justices hired young lawyers as clerks. From 1996-97, Thomas employed a Federalist Society clerk named John Eastman.


Twenty-three years later, Eastman would meet secretly with President Donald Trump. He would convince him that Vice President Pence could refuse to accept electoral college ballots on January 6. But back in 1999, Eastman became a senior fellow at the Claremont Institute. “The mission of the Claremont Institute is to restore the principles of the American Founding to their rightful, preeminent authority in our national life.”


Now we’re almost at the secret clubhouse of the coup. The Claremont Institute was run by a fellow regressive named Larry Arnn.(Photo below) In late 1999, Arnn was in the process of replacing the president of Hillsdale College because of a scandal that made national news. Hillsdale promotes conservative family values. Yet its leader was having an affair with his daughter-in-law. She committed suicide. Hillsdale was the central hub for Libertarian radicals so they needed a strong leader to pull them out of the mud.

Please read the rest of this fascinating post. There is one blatant error: she refers to “Clarence Thomas and Stephen Breyer” as Koch justices, but Breyer was a liberal justice appointed by Clinton. She must have meant the crackpot Alito.

Dana Milbank wrote a wise analysis of the Trunp Supreme Court’s decisions on abortion and guns, which both threw away precedent and judicial restraint. The Supreme Court is supposed to be a guarantor of stability, law and order. Yet this Court removed restraints on guns even as the nation was reeling from gun violence. And in the Roe decision, it removed a constitutional right—granted 49 years ago— for the first time in history.

Milbank writes:

Nobody should be surprised that the Supreme Court’s conservative justices on Friday jettisoned nearly 50 years of precedent upon precedent in overturning Roe v. Wade. Heck, they didn’t even honor their own precedent articulated 24 hours earlier.


In their opinion Thursday morning forcing New York and other densely populated states to allow more handguns in public, the conservative majority, led by Justice Clarence Thomas, argued that medieval law imposing arms restrictions — specifically, the 1328 Statute of Northampton — “has little bearing on the Second Amendment” because it was “enacted … more than 450 years before the ratification of the Constitution.”


Yet in their ruling Friday morning in Dobbs v. Jackson Women’s Health, setting women’s rights back half a century (and cracking the door to banning same-sex marriage and contraception), the conservative justices, led by Samuel Alito (who was also in the guns majority) and joined by Thomas, argued precisely the opposite. They justified abortion bans by citing, among others, “Henry de Bracton’s 13th-century treatise.” That was written circa 1250 and referred to monsters, duels, burning at the stake — and to women as property, “inferior” to men.

The right-wing majority’s selective application of history reveals the larger fraud in this pair of landmark rulings: Their reasoning is not legal but political, not principled but partisan.


Still, there is a commonality to the rulings. Both decisions foment maximum chaos and were delivered with flagrant disregard for the instability and disorder they will cause.


The high court was meant to be the guarantor of law and order. But the conservative justices, intoxicated by their supermajority, have abandoned their solemn duty to promote stability in the law and are actively spreading real-world disruption.

Worse, this invitation to disorder comes as the nation is trying to restore the rule of law after a coup attempt led by a president who appointed three of the five justices in the abortion majority. The spouse of a fourth — Ginni Thomas, Clarence’s wife — aggressively pushed state legislators and the White House to overthrow the election. Yet Thomas, the senior associate justice, has refused to recuse himself from related cases.


After decades of crocodile tears over imagined “judicial activism,” the conservative supermajority has shed all judicial modesty and embraced radicalism. The liberal justices, Sonia Sotomayor, Elena Kagan and Stephen G. Breyer, wrote in their Dobbs dissent that the majority’s brazen rejection of stare decisis, respect for precedent, “breaches a core rule-of-law principle, designed to promote constancy in the law.”


Even Chief Justice John G. Roberts Jr., who joined the gun ruling, scolded fellow conservatives for blithely overturning the Roe v. Wade super-precedent. “Surely we should adhere closely to principles of judicial restraint here, where the broader path the court chooses entails repudiating a constitutional right we have not only previously recognized, but also expressly reaffirmed,” Roberts wrote. The majority’s “dramatic and consequential ruling is unnecessary,” he said, “a serious jolt to the legal system” that could have been avoided with a narrower decision that would have been “markedly less unsettling.”


Alito, in his (characteristically) sneering opinion in the abortion case, dismissed Roberts as unprincipled and public opinion as an “extraneous” concern. He likewise dismissed the pain the ruling would cause, writing that “this Court is ill-equipped to assess ‘generalized assertions about the national psyche.’ ” He washed his hands of answering the “empirical question” of “the effect of the abortion right … on the lives of women.”

The dissent said the majority’s refusal to address real-world consequences “reveals how little it knows or cares about women’s lives or about the suffering its decision will cause.” It is a “radical claim to power,” the dissent went on, to assert “the authority to overrule established legal principles without even acknowledging the costs of its decisions.”

The liberals described the bedlam to come, with suddenly unanswered legal questions about rape, incest, threats to a mother’s life, interstate travel for abortion, morning-after pills, IUDs, in vitro fertilization. “The majority’s refusal even to consider the life-altering consequences of reversing Roe and Casey is a stunning indictment,” they wrote.

Thomas’s gun ruling was much the same, 63 pages of a cherry-picked history of gun laws, with no concern for the real-life effect of allowing millions of people to carry handguns, with virtually no restriction, in the streets of New York or Los Angeles. Breyer, writing for the same liberal justices in dissent, upbraided the conservative majority for unleashing more guns “without considering the state’s compelling interest in preventing gun violence and protecting the safety of its citizens, and without considering the potentially deadly consequences of its decision.”
Alito added a concurring opinion to express contempt for Breyer’s points about gun violence, saying “it is hard to see what legitimate purpose can possibly be served” by his mentions of mass shootings and growing firearm mayhem.
The radicals have cast off any pretense of judicial restraint. Now the chaos begins.

The testimony of Cassidy Hutchinson, the former aide to Mark Meadows (chief of staff to Trump) was riveting. If you didn’t see it, find it on the Internet and watch in full.

What she described was a conspiracy to overthrow the results of the election, a last-ditch effort to keep Trump in power by any means necessary.

Trump was speaking at the Ellipse and was disappointed by the crowd size (again!). When he realized that many of his supporters were excluded because they were carrying guns, he wanted the metal detectors removed so all his supporters could join the crowd because they weren’t gunning for him.

Trump expected to join an armed mob marching to the Capitol. That was the plan. But his own Secret Service guards wouldn’t let him go there because he might be in danger. He tried to grab the steering wheel of the SUV, but was thwarted by his personal guard, whom he tried to throttle. Personally, I regret that his security detail did not take him to the Capitol. Imagine the scene. The president in the midst of a mob, smashing windows, banging on the doors of the Senate Chamber, chanting “Hang Mike Pence,” perhaps putting his feet on Pelosi’s desk. If that had happened, not only would he have been disgraced in the eyes of the world, but he would have to abandon his phony protestations of innocence.

But his security detail protected him from himself.

Back at the White House, he watched the mob deface the Capitol and ignored pleas by friends like Kevin McCarthy, Jim Jordan, Laura Ingraham, Sean Hannity, even Ivanka and Don Jr. to call off the marauders. He did nothing. Meadows did nothing.

Hutchinson went on to describe his reaction when Trump learned in December that Bill Barr had told the AP that the Justice Department had not found fraud of a size that would change the election result: he threw his plate against the wall of the White House private dining room, smearing the walls with catsup and the floor with broken porcelain. This was not the only time this happened, she testified under oath. Trump was also known to pull the tablecloth off the table, sending the food and dishes to the floor. (Was he trying that magic trick where the magician pulls the cloth and all the dishes remain in place?)

After hours of violence in the Capitol, Trump finally made a video calling on his supporters to go home. He said “I love you.”

Not long afterwards, his political allies ludicrously claimed that the invasion of the Capitol had been staged by Antifa. Why did Trump tell Antifa “I love you”? If they were Antifa, why did he want so badly to join them as they rioted? If they were Antifa, why didn’t he tell them to go home immediately? Why were so many Proud Boys and Oathkeepers and other militant crackpots leading the crowd if they were Antifa?

The corpulent man-baby was a sore loser. He preferred to destroy our system of government and unleash violence and mayhem in the Capitol rather than admit defeat. He sent a mob that he knew was armed to wreak maximum damage on the Natuon’s Capitol. He would have been satisfied to see his servile Vice-President Mike Pence hung by the mob, to see Nancy Pelosi beaten to death by the mob, to see Senators and members of the House brutalized, and to unleash the raging horde on all his political enemies rather than admit that he lost the election.

The Republican Party and its elected leaders has embraced the bully who has dragged them into the muck of rebellion, violence, and contempt for the Constitution. As Liz Cheney memorably said to her colleagues at the first meeting of the 1/6 Commission: “There will come a day when Donald Trump is gone, but your dishonor will remain.”

Honor? When did we last hear that word mentioned in the same breath with the name of President 45? Will the Republican Party survive its servile embrace of the Malevolent Fool who would be King?

What, if any consequences, will there be for a man who attempted to overthrow the government and shred the Constitution? And for those who aided and abetted his treason?

Mark Joseph Stern wrote recently in Slate about the dangers embedded in the Supreme Court’s Carson v. Makin decision. In this decision, the Supreme Court ruled that the state of Maine was compelled to pay tuition at religious schools because it paid tuition at some other private schools. Stern warns that the Supreme Court is very likely to extend this concept to every state that underwrites nonsectarian private schools. The Court’s zeal for religious schools is not going to end in Maine. Please open the link and read the entire article. Make no mistake: This Supreme Court is determined to abolish any separation between church and state and to require every state to pay for religious education. So you don’t want your tax dollars to underwrite a school that would not admit your own children or grandchildren; too bad. So you don’t want to pay for Madrassas, yeshivas, or schools that teach racial hatred? Too bad.

The Republican majority on the Supreme Court claims it is dedicated to the principles of the Original Constitution, as written. They say they are Constitutional fundamentalists. This decision demonstrates how phony their “Originalism” is. The Founding Fathers were very explicit in their desire to separate religion from the state. This Court is not dedicated to the Constitution or its principles. If it were, it would never have written this decision.

He writes:

The Supreme Court’s conservative supermajority effectively declared on Tuesday that the separation of church and state—a principle enshrined in the Constitution—is, itself, unconstitutional. Its 6–3 decision in Carson v. Makin requires Maine to give public money to private religious schools, steamrolling decades of precedent in a race to compel state funding of religion. Carson is radical enough on its own, but the implications of the ruling are even more frightening: As Justice Stephen Breyer noted in dissent, it has the potential to dismantle secular public education in the United States.

Carson challenges Maine’s effort to provide quality civic education to every child in the state. The government created a tuition assistance program to help families who live in remote, sparsely populated regions without any public schools. Under the program, parents can send their kids to certain private schools, and the state covers the cost of tuition. To qualify, these schools must give students a secular education. They may be affiliated with, or even run by, a religious organization. But their actual curricula must align with secular state standards.

Two families challenged this limitation, arguing that it violated the First Amendment’s free exercise clause. Just two decades ago, this claim would’ve been laughed out of court: SCOTUS only permitted states to subsidize religious schools in 2002; at the time, it would’ve been absurd to say that states have a constitutional obligation to subsidize them. Beginning in 2017, the court began to assert that states may not exclude religious schools from public benefits that are available to their secular counterparts. And in 2020, the conservative justices forced states to subsidize religious schools once they began subsidizing secular private education.

Tuesday’s decision in Carson takes this radical theory to a new extreme, ordering Maine to extend public education funds to religious indoctrination.

The upshot of Chief Justice John Roberts’ opinion for the court is that states have no compelling interest in providing public, secular education to children. Indeed, Roberts suggests that the very concept of secular schooling is a smokescreen for “discrimination against religion”—a pretext for unconstitutional animus toward pious Americans. His opinion reaches far beyond Maine. About 37 states have amendments to their constitutions that bar government funding of religious institutions, including schools. Carson essentially invalidates those laws while undermining the broader constitutional basis for the nation’s public school system.

Roberts reached this astonishing result by overruling broad swaths of precedent respecting states’ authority to separate church and state more strictly than the U.S. Constitution requires. The court previously upheld states’ interest in avoiding the “establishment” of religion by refusing to underwrite the indoctrination of students into a particular faith. No longer. Roberts condemned Maine’s efforts to guard against religious establishment as nothing more than “discrimination against religion”—an effort to “exclude some members of the community” from public benefits “because of their religious exercise.” He also overruled a line of cases that let the government withhold funding on the basis of religious use (like indoctrination) but not religious status (like affiliation with a church). That distinction, he wrote, “lacks a meaningful application not only in theory, but in practice as well,” tossing it in the precedential dumpster.

The chief justice maintained that Carson’s rule only kicks in once a state starts sending taxpayer dollars to private schools through vouchers, tax credits, or scholarships. So, in theory, a state can send all its money to public schools and avoid constitutional concerns. Even if that’s true, the consequences are sweeping: Most states offer at least one of these programs, so Carson gives millions of families an opportunity to bail out of the public school system and demand public money for parochial education...

It’s worth pausing, as both Breyer and Justice Sonia Sotomayor did in dissent, to reflect on the victims of Tuesday’s decision. The two Maine schools that may now receive public funding are openly discriminatory, expelling students and teachers who do not adhere to evangelical Christianity. LGBTQ students, as well as straight children of same-sex couples, are not welcome, nor are LGBTQ teachers. Even custodians must be born-again Christians. One school teaches students to “refute the teachings of the Islamic religion” and believe that men serve as the head of the household. Another requires students to sign a “covenant” promising to glorify Jesus Christ and attend weekly religious services.


The Supreme Court’s conservative supermajority effectively declared on Tuesday that the separation of church and state—a principle enshrined in the Constitution—is, itself, unconstitutional. Its 6–3 decision in Carson v. Makin requires Maine to give public money to private religious schools, steamrolling decades of precedent in a race to compel state funding of religion. Carson is radical enough on its own, but the implications of the ruling are even more frightening: As Justice Stephen Breyer noted in dissent, it has the potential to dismantle secular public education in the United States.

Carson challenges Maine’s effort to provide quality civic education to every child in the state. The government created a tuition assistance program to help families who live in remote, sparsely populated regions without any public schools. Under the program, parents can send their kids to certain private schools, and the state covers the cost of tuition. To qualify, these schools must give students a secular education. They may be affiliated with, or even run by, a religious organization. But their actual curricula must align with secular state standards.

Two families challenged this limitation, arguing that it violated the First Amendment’s free exercise clause. Just two decades ago, this claim would’ve been laughed out of court: SCOTUS only permitted states to subsidize religious schools in 2002; at the time, it would’ve been absurd to say that states have a constitutional obligation to subsidize them. Beginning in 2017, the court began to assert that states may not exclude religious schools from public benefits that are available to their secular counterparts. And in 2020, the conservative justices forced states to subsidize religious schools once they began subsidizing secular private education.

Tuesday’s decision in Carson takes this radical theory to a new extreme, ordering Maine to extend public education funds to religious indoctrination.

The upshot of Chief Justice John Roberts’ opinion for the court is that states have no compelling interest in providing public, secular education to children. Indeed, Roberts suggests that the very concept of secular schooling is a smokescreen for “discrimination against religion”—a pretext for unconstitutional animus toward pious Americans. His opinion reaches far beyond Maine. About 37 states have amendments to their constitutions that bar government funding of religious institutions, including schools. Carson essentially invalidates those laws while undermining the broader constitutional basis for the nation’s public school system.

Roberts reached this astonishing result by overruling broad swaths of precedent respecting states’ authority to separate church and state more strictly than the U.S. Constitution requires. The court previously upheld states’ interest in avoiding the “establishment” of religion by refusing to underwrite the indoctrination of students into a particular faith. No longer. Roberts condemned Maine’s efforts to guard against religious establishment as nothing more than “discrimination against religion”—an effort to “exclude some members of the community” from public benefits “because of their religious exercise.” He also overruled a line of cases that let the government withhold funding on the basis of religious use (like indoctrination) but not religious status (like affiliation with a church). That distinction, he wrote, “lacks a meaningful application not only in theory, but in practice as well,” tossing it in the precedential dumpster.…

The chief justice maintained that Carson’s rule only kicks in once a state starts sending taxpayer dollars to private schools through vouchers, tax credits, or scholarships. So, in theory, a state can send all its money to public schools and avoid constitutional concerns. Even if that’s true, the consequences are sweeping: Most states offer at least one of these programs, so Carson gives millions of families an opportunity to bail out of the public school system and demand public money for parochial education.

But can this distinction hold? Roberts’ bright line dims under scrutiny: Maine, after all, wanted private schools to replace public education for some students, not supplement it. And yet the court found no good reason for the state to insist that these substitute schools adhere to secular standards. Indeed, the chief justice’s rhetoric depicts education not as a state-sponsored benefit for all, but rather as a personal matter best left up to parents. There is, he claimed, no “historic and substantial state interest” in preserving secular education. If that’s true, how can any state refuse to fund religious schooling?…

It’s worth pausing, as both Breyer and Justice Sonia Sotomayor did in dissent, to reflect on the victims of Tuesday’s decision. The two Maine schools that may now receive public funding are openly discriminatory, expelling students and teachers who do not adhere to evangelical Christianity. LGBTQ students, as well as straight children of same-sex couples, are not welcome, nor are LGBTQ teachers. Even custodians must be born-again Christians. One school teaches students to “refute the teachings of the Islamic religion” and believe that men serve as the head of the household. Another requires students to sign a “covenant” promising to glorify Jesus Christ and attend weekly religious services….

“Legislators,” Breyer wrote, “did not want Maine taxpayers to pay for these religiously based practices,” as doing so might violate their own faith or conscience. The majority tells these Mainers their own views don’t matter, because the First Amendment forces them to foot the bill for other people’s religious indoctrination. Doing so creates a “serious risk of religion-based social divisions,” Breyer explained, exacerbating the “religious strife” that the religion clauses “were designed to prevent.” Sotomayor put the point more sharply: “While purporting to protect against discrimination of one kind,” she wrote, “the court requires Maine to fund what many of its citizens believe to be discrimination of other kinds.”

The conservative majority, however, has perfected the art of ignoring genuine discrimination while perceiving anti-Christian persecution where none exists. In the process, they are elevating the rights of one sect over all others. Carson will not benefit any religious minorities; there are not enough Muslims or Jews to create a school in the far-flung corners of Maine. Every time Roberts uses the word “religion,” he might as well be saying “Christian.” The right will praise Carson as a triumph of religious liberty. But if you practice a religion that does not stand to gain from the ruling, your liberty does not matter to this Supreme Court.

Blogger Robert Hubbell brings clarity and reason to the abortion debate. The Court’s decision overturns a precedent that had been in place for 49 years. Both Justices Gorsuch and Kavanaugh pledged to Senators that they would not overturn roe. They lied. What now?

Hubbell writes:

There is much to discuss after the Supreme Court’s brutal ruling in Dobbs v Jackson Women’s Health, but the most important question is, “What are we going to do about it?” We have several effective paths forward and must pursue all simultaneously.

First, Alito claims he is returning the decision of reproductive freedom “to the people and their state representatives.” Let’s ignore (for the moment) Alito’s smoldering bad faith and thinly veiled contempt for the rights of women. We need to flip state legislatures to repeal antiabortion legislation and capture statewide executive offices that can veto legislation abortion bans. While this path is not an answer in every state, it can make a difference in states where the GOP margin of control is thin.

Second, we must demand that Congress pass legislation codifying Roe. That means gaining a 54-seat majority in the Senate, carving out an exception to the filibuster, and retaining control of the House. Will national legislation be challenged? Sure! Will the Supreme Court invalidate it? Possibly, but it is worth the effort.

Will national legislation be challenged? Sure! Will the Supreme Court invalidate it? Possibly, but it is worth the effort.

Third, we must break the Supreme Court. Democrats should expand the Court to thirteen justices. This path also requires holding the House, gaining a 54-seat majority in the Senate, and carving out an exception to the filibuster. Expanding the Court requires only a majority vote in both chambers of Congress and signing of the bill by the president. Will Republicans expand the Court to nineteen? Maybe. But what Republicans might do in the future shouldn’t deter us now. Will tit-for-tat expansions of the Court undermine its legitimacy? It is far too late for that.

Fourth, reproductive choice must be on the ballot in every race. Republicans have finally achieved what they wanted—no right to abortion and no exceptions for rape or incest. We must make every Republican running for every office in the land own the GOP position on abortion in its ugliest manifestation. The outcome in Dobbs is opposed by a strong majority of Americans and should provide a basis for a sweeping Democratic victory in 2022.

Finally, the right to same-sex marriage, same-sex relations, contraception, and other privacy-based rights must be on the ballot in every race. Justice Clarence Thomas’s concurrence declared war on those rights and invited reactionary legislatures to pass laws to serve as test cases. We would be foolish to assume that the other members of the reactionary majority will not follow his lead, given a chance.

None of these approaches will be easy or provide a complete answer. Readers have already sent emails that preemptively identify the problems with some of these approaches and dismiss their chances of success. But these are the paths available to us. We can choose to pursue them or do nothing. We must pursue them relentlessly until we have regained control of every branch of government, including the Supreme Court. Only then can we reverse the ruling in Dobbs and preserve other liberties grounded in the same right to privacy that supported reproductive rights for a half-century.

We are the majority, and American democracy presumes majority rule while protecting the rights of the minority. Republicans are attempting to reverse that presumption by seeking to impose permanent minority rule with no protection for the rights of the majority. That cannot stand. It will not stand. But it is up to us to restore the natural balance to democracy. It is not enough that we vote with greater passion or conviction. We must motivate those who did not believe this day would not come or who were not paying attention. We can do that—if we act with greater passion, conviction, and urgency.

The ruling.

Alito’s final decision is a judicial insult. In a single blow, he has demoted American women to second-class citizens. It is filled with venom and contempt in addressing a contentious issue on which people of good faith can disagree. He refers to physicians as abortionists when they seek to save a woman’s life or terminate a pregnancy forced on a teenager by a rapist. He misrepresents, minimizes, and dismisses the burdens and risks of pregnancy. He substitutes his Catholic dogma for judicial analysis.

Alito’s final version of his opinion changed little from the draft leaked last month. As such, it retains the dishonesty and intellectual sophistry of the “deeply rooted tradition” analysis contained in the draft—an analysis that deliberately misrepresents the American tradition relating to abortion. See Aaron Tang in The Los Angeles Times, Op-Ed: The Supreme Court flunks abortion history.

But most ominously, Alito’s “deeply rooted” analysis signals Alito’s intent to attack other privacy-based rights, such as same-sex marriage. Alito dissented in the Court’s decision recognizing same-sex marriage, Obergefell v. Hodges. Alito wrote in Obergefell, as follows:

          To prevent five unelected Justices from imposing their personal vision of liberty upon the American people, the Court has held that “liberty” under the Due Process Clause should be understood to protect only those rights that are ‘deeply rooted in this Nation’ s history and tradition.’ And it is beyond dispute that the right to same-sex marriage is not among those rights.

There it is: Alito’s analysis in overruling Roe v. Wade does not stop with reproductive rights. It reaches to same-sex marriage. He said so in his dissent in Obergefell. And Justice Thomas made that explicit in his concurrence in Dobbs:

          In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.

Griswold recognized the right to use contraceptives of choice; Lawrence recognized the right to enter into a same-sex relationships; and Obergefell recognized the right of same-sex couples to marry. Justice Thomas notably omitted a right based on “substantive due process precedents”—the right of members of different “races” to marry, a right first granted in Loving v. Virginia in 1967. If the Court reverses Loving v. Virginia, Thomas’s marriage to Ginny Thomas would be illegal in some states.

For a longer discussion of the threat to other rights, see Mark Joseph Stern in Slate, The Supreme Court decision overruling Roe v. Wade puts marriage equality in immediate jeopardy.

It will take weeks to understand the implications of Justice Alito’s decision, but a good place to start is with Ian Millhiser’s analysis in Vox, The Roe v. Wade abortion decision, explained.

Finally, for a discussion of self-inflicted damage to the Court’s legitimacy, see Dahlia Lithwick, in Slate, Roe v. Wade overturned: The Supreme Court will pay for abortion decision.

The corruption and illegitimacy of the Supreme Court.

As currently constituted, the Supreme Court is illegitimate and corrupt. It is illegitimate because two justices appointed by Trump resulted from norm-busting “rules” made up by Mitch McConnell on the fly. Gorsuch sits in a seat stolen from an Obama appointee, and Barrett sits in a seat that belonged to the incoming president.

The Court is corrupt because Gorsuch, Kavanaugh, and Barrett lied to the Senate about their pre-determined intent to overrule Roe v. Wade. And it is corrupt because Justice Thomas has refused to recuse himself from cases in which his wife assisted in an attempted coup.

The trust of the American public in the Court has plummeted to an all-time low of 25%. It will decline further if the January 6th Committee proves that Ginny Thomas funneled information about Court deliberations to John Eastman. It will fall further if the Committee demonstrates that Justice Thomas knew of and condoned his wife’s insurrectionist activities.

Jennifer Rubin succinctly summarizes the death blow to the Court’s legitimacy in her column in WaPo, The Supreme Court eviscerates abortion rights and its own legitimacy. Per Rubin,

The hypocrisy and intellectual dishonesty of the court’s right-wing justices lead to the conclusion that they have simply appointed themselves super-legislators free to impose a view of the United States as a White, Christian and male-dominated society despite the values, beliefs and choices of a majority of 330 million modern Americans.

The court’s decision may result in women’s deaths. But it has certainly killed off what is left of the court’s credibility. And for that, there is no solution in sight.

Concluding Thoughts.

On a day like today, it does not feel right to end on an optimistic note. Rather, we should acknowledge the anger, frustration, fear, and grief that tens of millions of women in America are feeling after the ruling. There will be a time to rally and rejoin the fight for the dignity and equality of women—a fight we will win.

But today, we should acknowledge what women have lost and give them the time and space to absorb and recover from a once-in-a-generation shock. As they do, everyone in their lives should let them know we are at their side every step of the way. Walk along in silence and listen. Nothing can be “fixed” today, but we can begin the long journey back in the coming days.

As expected, the US Supreme Court overturned Roe v. Wade, which stood for half a century as a guarantee of women’s reproductive rights. About half or more states have already passed or are about to pass laws banning abortions, even for women who were victims of rape or incest, even for women whose life is in danger. The “right to life” so prized by anti-abortion activists does not include the life of the woman.

As was not quite so expected, the Supreme Court gutted the Miranda rights of people who are arrested. Police may fail to tell prisoners of their legal rights, including their right to remain silent.

The Trump Court is remaking and redefining the law in a radical way. There is nothing “conservative” about their willingness to toss out precedent. There is something very radical about the jackhammer they are using to change social and legal norms.

Women will die because of the Court’s decision to throw out Roe, which several of them pledged in public not to do. The old coat hanger routine and the unlicensed abortionists will return. Women who can afford to flee to a state where abortion is available will do so. Those who can self-medicate with Internet anti-abortion drugs will do so, although some states are trying to ban Internet abortion drugs (will they open every package to every woman of child-bearing age?).

The Court’s decision on New York’s gun law is terrifying. Be prepared to see armed men (and women, don’t forget Congresswoman Lauren Bobert) strolling through your neighborhood or shopping malls. If the six justices actually think that open carry is a fine idea, why won’t they permit it in their own courtroom?

Make no mistake: the current majority on the Supreme Court is not conservative; it is radical, in its reckless disregard for precedent and the safety of citizens.

The Court is not libertarian; its decisions require millions of people to abide by their cramped view of the way things ought to be. The state must fund religious schools, no matter how bigoted and discriminatory they are, if the state funds any private schools. States and cities must not protect their public by enacting laws that prevent them from openly carrying a deadly weapon.

We can expect even more intrusive decisions, valuing property rights over human rights, corporate rights over workers’ rights.

We will be living with this narrow-minded, bossy, intrusive Court for many years. My generation has failed. I look to the enlightened young people, the product of America’s much-maligned public schools, to reverse course in the future and preserve this fragile experiment in democracy from the ideologues who seek to destroy it.

For an insightful assessment of how the Supreme Court’s decision on abortion will affect women in Texas, read this article in The Texas Monthly.

An excerpt:

An excerpt: As trigger laws go into effect around the country, Texans seeking surgical abortions will likely find themselves in either Kansas or New Mexico, the two nearest states where the procedure will remain legal—though both have a limited number of clinics, which is likely to make scheduling an appointment difficult. Kansas has four clinics, which currently serve 530,000 potential patients of reproductive age. Now the state’s clinics will be the nearest alternative for 7.7 million such patients, according to theGuttmacher Institute, a nonprofit group that researches reproductive health. New Mexico, which has seven clinics, will be the nearest option for 1.9 million potential patients, the vast majority of whom will be Texans.

What about abortion pills?

Medication abortions, which are nonsurgical and administered by taking a two-dose regimen of pills that terminate a pregnancy, are currently illegal in Texas after the seventh week of pregnancy; after HB 1280 goes into effect on July 24, medication abortions, which are currently the most common type of abortions in Texas, are included in the total ban on the procedure in the state.

As of last December, Texas law also forbids the shipment of pills that induce an abortion “by courier, delivery, or mail service.” It’s unclear how Texas officials plan to enforce this law, as many U.S. and international organizations offer the pills by mail, or whether those who seek care after a self-administered abortion could face criminal charges under HB 1280, depending on how the law is applied.

Legislators see the Supreme Court ruling as a green light to outlaw abortion and criminalize anyone who performs one. The penalties are as stiff as murder.

Anand Giridharas, author of “Winners Take All,” was interviewed on the “Morning Joe Show” and delivered a stunning rebuke to the Republicans and oligarchs who are destroying our democracy.

Polls show that an overwhelming majority of Americans want background checks for gun buyers, a modest hurdle. Yet Republicans will not permit any limits on gun buyers, and some Republican-controlled states have eliminated any restrictions on gun purchases and affirm the “right” to carry a gun in public, open or concealed, without a permit.

Anand says this about children: in the view of Republicans, children enjoy the right to life only as long as they are in the womb. Once they are born, all protections are removed. Their “right to life” is less important than the right of others to carry guns. Nor do they have the right to healthcare or nutrition or anything else,

A brilliant peroration.