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Katherine Stewart: Christian Nationalism Is Winning

By dianeravitch
July 11, 2022 //
14

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.

Categories Accountability, Bigotry, Corruption, Cruelty, Democracy, Education Industry, Elections, Extremism, Privacy and Privacy Rights, Propaganda, Racism, Religion, Republicans

Mark Joseph Stern: The Supreme Court Is Just Getting Started on Its Demolition Derby

By dianeravitch
July 9, 2022 //
55

Writing in Slate, Mark Joseph Stern explains that the five extremists (and the extraneous Chief Justice) on the Supreme Court have laid the groundwork for reversing rights that did not exist in 1868. They made their rationale clear in the Dobbs decision that overturned Roe v Wade.

The Supreme Court’s decision on Friday overruling Roe v. Wade is a devastating blow to individual autonomy and women’s equality, a horrific assault on liberty that will inflict unspeakable suffering and death in the states that are already criminalizing abortion. That decision, Dobbs v. Jackson Women’s Health Organization, marks the culmination of a decadeslong battle against reproductive freedom.

But it also constitutes the start of another crusade—an all-out assault on the many other rights that are “all part of the same constitutional fabric,” as the liberal justices put it in dissent. With Dobbs, the majority has torn down the entire doctrine protecting gay rights, marriage, and contraception, among other personal liberties. These rights are now in grave and immediate jeopardy….

The basic threat is easy to grasp. For more than a century, a debate has raged over how courts should define the “liberty” guaranteed by the 14th Amendment. Some say it protects unenumerated rights, but only those deemed “fundamental” in 1868 when the amendment was ratified. Others say it also safeguards modern rights which are “so fundamental that the state must accord them its respect.” The court relied on this second conception of liberty in Griswold, Lawrence, and Obergefell, as well as other cases like Skinner v. Oklahoma (barring involuntary sterilization) and Loving v. Virginia (safeguarding interracial marriage)…

The conservative legal movement scored its single greatest victory on Friday when the Supreme Court rewarded its relentless assault on a precedent that most Americans thought was settled. That movement will now devote its energy to toppling other precedents that, at this moment, many consider to be sacrosanct, or at least settled. Any statements to the contrary by the court’s far-right bloc are not to be believed. Less than four years ago, Kavanaugh told the nation, under oath, that he believed Roe was “settled,” then proceeded to unsettle it at the earliest opportunity. No constitutional right favored by progressives is safe from this Supreme Court’s wrecking ball.

Will Justice Thomas lead the way in overturning the Loving v Virginia decision? That would dissolve his marriage to Ginni. Is this his devious way of shedding a wife who has become a political burden? Just kidding.

The reality is that this extremist Court is taking a wrecking ball to our personal relations, which we assumed were secure. Now, they assert, we are to live by the rights, mores, and practices of 1868. This is the dream of the Federalist Society, which selected Trump’s three extremist justices for him.

Turning the clock back by a century and a half is not conservative. It’s nuts.

Categories Accountability, Civil Rights, Democracy, Disruption, Elections, Trump

Heather Cox Richardson: EU Condemns SCOTUS on Abortion

By dianeravitch
July 8, 2022 //
22

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.”

Categories Accountability, Civil Rights, Cruelty, Democracy, Disruption, Elections, Shame, Trump

Andrew Van Wagner: Arizona is a Laboratory for Rightwing Control and Indoctrination

By dianeravitch
July 8, 2022 //
88

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.”

Categories Accountability, Arizona, Billionaires, Corruption, Cruelty, Democracy, Deregulation, Disruption, Education Industry, Evil, Extremism, Ignorance, Koch Brothers

Texas: Hillsdale Supporter Buys Control of Texas State Board of Education

By dianeravitch
July 7, 2022 //
24

I wrote about the purchase of the Texas State Board of Education by the chairman of the board of Hillsdale in a previous post.

The state board rejected an application for a Hillsdale charter school, and the rejection was supported by three Republicans on the board.

In retaliation, the chairman of the Hillsdale College board contributed $250,000 to a PAC to punish the errant Republicans. The PAC replaced two of them with privatizers, and the third was redistricted out of his seat.

Now, it’s smooth sailing for the theocratic, 1776-themed Hillsdale charters, which cater to white students.

The Hillsdale website lists its current charter schools.

What it does not mention is that the Hillsdale Classical Academies have collected millions of dollars in federal funding from the federal Charter Schools Program.

Here is a sampling of Hillsdale-Barney charter schools that have applied for and received federal funding:

Ascent Classical Academy of Northern Colorado $671,000

Treasure Valley Classical Academy Idaho  $1.25 million

Ivywood Classical Academy Michigan 1 million and managed by a for-profit

Seven Oaks Classical School, Indiana $899,962

St. Johns Classical Academy, Florida $513,000

Pineapple Cove Classical Academy at West Melbourne Florida  $612,363.00

Golden View Classical Academy Colorado $215,000

Atlanta Classical Academy $650,000

Estancia Valley Classical, New Mexico, $647,349

Doesn’t it make you furious to know that our tax dollars are supporting this Trump -Christian charter chain?

Categories Accountability, Charter Schools, Democracy, Education Industry, Privatization, Propaganda, Religion, Texas

What Is America? DeSantis Sponsors Civic Indoctrination

By dianeravitch
July 4, 2022 //
78

Ron DeSantis has ranted about “indoctrination” in the classroom, meaning instruction about the brutal facts of racism in American history. He promoted legislation to stop anti-racist teaching, which he calls WOKE.

Florida teachers are now subject to state-sponsored indoctrination. This is thought control.

Several South Florida high school educators are alarmed that a new state civics initiative designed to prepare students to be “virtuous citizens” is infused with a Christian and conservative ideology after a three-day training session in Broward County last week. Teachers who spoke to the Herald/Times said they don’t object to the state’s new standards for civics, but they do take issue with how the state wants them to be taught. “It was very skewed,” said Barbara Segal, a 12th-grade government teacher at Fort Lauderdale High School. “There was a very strong Christian fundamentalist way toward analyzing different quotes and different documents. That was concerning.”

The civics training, which is part of Gov. Ron DeSantis’ Civics Literacy Excellence Initiative, underscores the tension that has been building around education and how classrooms have become battlegrounds for politically-contentious issues.

In Florida, DeSantis and the Republican-led Legislature have pushed policies that limit what schools can teach about race, gender identity and certain aspects of history. Those dynamics came into full view last week, when trainers told Broward teachers the nation’s founders did not desire a strict separation of state and church, downplayed the role the colonies and later the United States had in the history of slavery in America, and pushed a judicial theory, favored by legal conservatives like DeSantis, that requires people to interpret the Constitution as the framers intended it, not as a living, evolving document, according to three educators who attended the training.

“It is disturbing, really, that through these workshops and through legislation, there is this attempt to both censor and to drive or propagandize particular points of view,” said Richard Judd, 50, a Nova High School social studies teacher with 22 years of experience who attended the state-led training session last week.

A review of more than 200 pages of the state’s presentations show the founding fathers’ intent and the “misconceptions” about their thinking were a main theme of the training. One slide underscored that the “Founders expected religion to be promoted because they believed it to be essential to civic virtue.”

Without virtue, another slide noted, citizens become “licentious” and become subject to tyranny. Another slide highlights three U.S. Supreme Court cases to show when the “Founders’ original intent began to change.”

That included the 1962 landmark case that found school-sponsored prayer violated the establishment clause of the First Amendment, which Judd said trainers viewed as unjust. At one point, the trainers equated it to the 1892 U.S. Supreme Court decision that upheld the constitutionality of racial segregation under the “separate but equal” doctrine. [Editor’s note: I think they mean Plessy v. Ferguson of 1896, which upheld separate-but-equal segregation by race.]

“Ending school prayer was compared to upholding segregation,” Judd said. In other words, he said, trainers called both those rulings unjust. On slavery, the state said that two-thirds of the founding fathers were slave owners but emphasized that “even those that held slaves did not defend the institution.”

This is one of the slides shown during the Florida Department of Education’s training series for civics and government teachers. DeSantis’ administration has spent nearly $6 million to train public school teachers across the state on how to teach civics as part of the governor’s initiative. The first training sessions were June 20-22, at Broward College in Davie. Teachers are in Hillsborough County are training this week. The civics training is the latest effort in a long line of education policies that aims to fight what DeSantis and conservative education reformers say are “woke ideologies” in public schools. It also provides a snapshot of how national groups, including Hillsdale College, a politically influential private Christian college in southern Michigan, are working with the DeSantis administration to reshape education in the state.

The goal is to put a greater emphasis on civics than on socially divisive issues such as race and gender identity, which DeSantis has said is an effort to reorient teaching away from “indoctrination and back towards education.” But to several educators who went through the state’s training it felt like a broader effort to impose a conservative view on historical events. “We are constantly under attack, and there is this false narrative that we’re indoctrinating children, but that is nothing compared to what the state just threw in new civic educators’ faces. That’s straight-up indoctrination,” said Segal, a 46-year-old teacher with 19 years of experience.

Read more at: https://www.miamiherald.com/news/local/education/article262941378.html#storylink=cpy

Categories Censorship, Civics, Democracy, Florida, History

The Koch Libertarian Project vs. America

By dianeravitch
July 4, 2022 //
56

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.

Categories Betsy DeVos, Bigotry, Billionaires, Budget Cuts, Censorship, Charter Schools, Citizenship, Civil Rights, Corruption, Cruelty, Democracy, Disruption, Education Industry, Elections, Environment, Ethics, Evil, Extremism, For-Profit, Fraud, Funding, History, Injustice, Koch Brothers, New Hampshire, Privatization, Separation of church and state, Vouchers

Our Democracy Depends on the Integrity of Our Elections

By dianeravitch
July 4, 2022 //
33

Democracy cannot exist without free and fair elections.

Democracy depends on the general belief that elections are conducted honestly and that the results are reported honestly.

Since the 2020 Presidential election, Donald Trump has told his followers that the election he lost was fraudulent. Despite dozens of court cases that his team lost because they were unable to produce evidence of fraud, Trump insists that he won in a landslide.

Despite multiple recounts and hand recounts, Trump continues to lie.

Despite the testimony of Trump lawyers that Trump lost, Trump continues to claim he won.

Trump’s campaign of lies is a direct threat to our democracy.

NPR undertook an investigation to assess the influence of four election deniers who work at the local level, spreading propaganda and misinformation.

Every citizen concerned about the health of our democracy should read the NPR report. The election deniers can say whatever they want. It’s a free country.

But the public should know who they are and what they do.

If you want to protect our Constitution and our freedoms, be informed to combat lies with facts.

Categories Accountability, Democracy, Elections, Evil, Extremism, Fake, Fraud, Hoax, Lies

Dana Milbank: The Supreme Court Embraces Chaos

By dianeravitch
July 3, 2022 //
110

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.

Categories Accountability, Cruelty, Democracy, Disruption, Elections, Extremism, Guns, Justice

Bill Press: Repeal the Second Amendment

By dianeravitch
July 2, 2022 //
67

Bill Press, a former correspondent at CNN, argues that there is no way to fix the Second Amendnent. Despite the obvious political roadblocks, he believes that the only remedy for the damage caused by the Second Amendment is to repeal it. it was written, he says, to protect Southern slaveholders, who wanted to protect their right to use deadly force to suppress slave rebellions. Two Supreme Court Justices, both appointed by Republican presidents, have urged its repeal. It is now a license for civilians to own deadly military weapons. Is it politically possible now? No. If the massacres continue, public opinion may change.

He writes:

After Columbine, Aurora, Sandy Hook, Orlando, Virginia Tech, Margery Stoneman Douglas, El Paso, Buffalo, Uvalde and so many others, it’s always the same.

First, shock. Then, grief. Then, a demand for action. Then, the phony claim: Too bad, but we can’t do anything about guns because of the Second Amendment. And then, nothing is done to prevent the next attack.

This time, could things be different? After the senseless assassination of 19 elementary school students and two teachers in Uvalde, Texas, senators of both parties are actually talking about a compromise on guns.

But don’t hold your breath. No matter what they come up with, chances are still slim that there will be 10 Republicans willing to override the filibuster. (A total of 60 votes are needed to end a filibuster in the evenly-divided US Senate.)

Anything they agree on will probably just nibble around the edges of the gun issue. Sen. John Cornyn, the lead Republican negotiator, has already vetoed one of the most sensible proposals: raising the legal age for buying an assault weapon from 18 to 21 years…

Let’s face it. The way many judges and conservatives interpret the Second Amendment is a total con job. And, as wildly misinterpreted today, it is, for all intents and purposes, a license to kill as many people as you want with as many guns as you want.

The only effective way to deal with the Second Amendment is to repeal it — and then replace it with something that makes sense in a civilized society.

I’m hardly the first person to say that the Second Amendment has been a disaster for this country. In fact, two Supreme Court justices — justices appointed by Republican presidents — have said as much.

In a March 2018 opinion piece for the New York Times, former Justice John Paul Stevens, who was appointed by then-President Gerald Ford, wrote that Americans protesting the massacre of 17 people at Marjory Stoneman Douglas High School “should demand a repeal of the Second Amendment…”

And decades earlier, in 1991, former Chief Justice Warren Burger, appointed by President Richard Nixon, told the PBS Newshour: “If I were writing the Bill of Rights now, there wouldn’t be any such thing as the Second Amendment.

Burger called the Second Amendment “one of the greatest pieces of fraud — I repeat the word ‘fraud’ — on the American people by special interest groups that I have ever seen in my lifetime.”

Indeed, you only have to read the Second Amendment to see what a fraud it’s become. Here it is, all 27 words: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Read it again. There’s no way you can logically leap from those 27 words about the existence of a state militia to the unfettered right of any citizen to buy as many guns — and any kind of gun — that they want, without the government being able to do anything about it.

It’s clear from the wording of the Second Amendment itself that it has nothing to do with individual gun ownership; nothing to do with self-defense; and nothing to do with assault weapons. The amendment speaks, not to the rights of well-armed individual citizens, but only to citizens as members of a group, a “well regulated militia.”

And its history is well-known. The founders saw no need to mention guns in the original Constitution. As many constitutional scholars and American historians have shown, the Second Amendment was added later by James Madison as part of a deal to secure the support of Patrick Henry and other White racist Virginians for confirmation of the Constitution. Noted academic Carol Anderson, for one, describes the “anti-Blackness” that lies at the heart of the Second Amendment in her book “The Second,” as well as its “architecture of repression.”

As such, it was not about self-defense. It was, in the opinion of these historians, about reassuring White plantation owners that the new federal government would not interfere with their practice of forming White militias to patrol the South, ready to put down rebellion by disgruntled Black slaves or chase down slaves who tried to flee.

And again, the amendment has nothing to do with self-defense or allowing ownership of any kind of gun. As Stevens noted in his New York Times op-ed: “For over 200 years after the adoption of the Second Amendment, it was uniformly understood as not placing any limit on either federal or state authority to enact gun control legislation.”

Two things changed that. First, a band of gun extremists took over the NRA at its 1977 annual convention in Cincinnati and changed its mission from championing the Second Amendment as the right of hunters to giving every American the right to own a gun for self-defense. The NRA proceeded, successfully, to sell that unfounded idea of self-defense to politicians and the general public.

Second, in 2008, former Justice Antonin Scalia wrote the majority opinion in District of Columbia v. Heller, which — again for the first time in over 200 years — established the right of every American under the Second Amendment to own a gun for self-defense. And he rounded up four other votes.

However, it’s important to note that even in Heller, Scalia took pains to argue that as with other rights, those granted under the Second Amendment are not unlimited — and that governments retain the power to regulate what kind of guns, or how many, people may own.

Of course, those provisions of Heller are conveniently ignored by gun worshippers like Republican Sen. Ted Cruz of Texas, who uphold the Second Amendment as reinterpreted by Scalia. That flawed reasoning allowed a Texas teenager to buy two AR-15’s on his 18th birthday, walk into an elementary school and mow down 19 students and two teachers.

We are a sick nation indeed, if we allow that idiocy to stand.

Categories Accountability, Civil Rights, Democracy, Democrats, Guns, Republicans, Safety
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