Wrong.

Youre Wrong GIFs | Tenor

This isn’t about Trump. (That GIF aside.)

There’s going to be a lot about Trump, for the next four years (and then, with any luck at all, there will be NOTHING about Trump, ever again; I mean, I don’t care if he goes around the country on a Fuck The Libs Resentment-Palooza tour until the day he dies, but I very much want him to be irrelevant politically after this second term in office) and I’m certainly not going to apologize for that; I have been accused before of having Trump Derangement Syndrome, and I will be so accused again, but every accusation of TDS rests on the mistaken supposition that Trump is not, in fact, the biggest single influence on American politics and culture right now, and the speaker allegedly with TDS is making an issue about Trump when it’s not about Trump. But he is the biggest single influence on politics and culture right now: not only do half of this country’s elected officials kneel to kiss the ring in all decisions, but somewhere between a third and a half of the voting populace base their identity on him, in part or in total. If I keep bringing up Trump, and blaming Trump for things that go wrong for the next four years, it’s not because I’m obsessed with Trump: it’s because there has never been anyone more successful at taking over this country, mind and soul, in the past. Ever.

God, that’s depressing. The most successful and popular public figure in American history is that fucking stooge.

So when Trump comes up, and we complain about Trump and his actions, that’s not TDS; that’s reality. It is all about Trump. We on the left would really much rather that not be true, believe me. We really don’t want this country to revolve around that asshole. It just does. And so, therefore, does our conversation.

But this? This post, this argument? This isn’t about Trump. Honestly. And I’ll prove it, as soon as I get into the specific argument I want to make.

To show that I’m not simply targeting conservatives (I know, nobody who reads my blogs would think that – except wait…), and not even because Trump is not a conservative (But he’s not) and does not represent conservative thought or values (as he does not), but to show that I’m not simply targeting Trump or his supporters, I’m going to start with myself. I’m going to start with a confession, and then I’m going to proudly declare my innocence of wrongdoing, because that’s apparently what shows that I’m not only innocent, but above reproach.

Okay, that last one was about Trump. More about his supporters. But that’s not the subject.

The subject is wrongdoing.

I did wrong, recently. A couple of times. I have done wrong in the past: not often, because I generally get caught, and then I get in trouble, and I have an almost pathological need to avoid disappointing people – but when I was a kid, I stole, I vandalized, I trespassed; I consumed illegal substances; I threw a big ol’ keg party while my mom was out of town and my “guests” wrecked the house and drove the neighbors to call the cops. I’ve lied, though not a lot and never officially; I’ve certainly been nasty to people in various ways, insulting them or ignoring them or taking advantage of them.

That last one is the kind of wrongdoing I have done recently. On this most recent Election Night, I posted on Facebook, out of a sense of rage and outrage that my countrymen would re-elect the worst president, and the most dangerous man, to hold the office in better than a century (I’m going back to Andrew Johnson for the closest rival to Trump for that title of Most Dangerous, though Warren G. Harding may take the taco for “worst.” Still a century ago.), and I made – something like a threat, I suppose. It wasn’t a threat, but I worded it like a threat: imagine if I said, “If you say that about my mom, I’m going to fluff your pillow until you can’t lie down flat!” See? Sounds like a threat, and in context with the rest of the sentence it might be taken as a threat, because clearly I’m mad about what you’re doing, even though I’m just saying I would fluff your pillow. It isn’t important exactly what I said on Facebook and I don’t want to repeat it, because when I posted it the first time, someone complained to my employer, saying that I was giving the school a bad name, posting political statements and “threats” online. My boss called me in for a meeting to take the post down, which I had already done before the meeting; that resolved the problem because it is clear to anyone who knows me that I do not make genuine threats and I do not cause harm to people, not even over politics, so the only problem was the post.

But the post might, conceivably, have been bad for my employer, because people might have taken it the wrong way, and that might have done harm to my employer’s reputation and so on. So okay: I did wrong. I did the wrong thing in putting other people at risk for the sake of my online statement of my opinion in a less-than-friendly way. I got consequences, then, for my wrongdoing: I got called in by my boss for it, and asked to remove it. Not a serious consequence, but about what the act deserved. My boss was very cautious in that meeting, partly because he and I were friendly and he didn’t want to upset me, but more because I could have raised a big ol’ stink about my freedom of speech and censorship and so on; but I didn’t do that. I accepted that my act was wrong, if not very wrong, and a natural consequence of that was that I should eat my words – or delete them, rather. So be it. Deleted.

Then I got in more trouble for something else I did. That one I don’t want to talk about, because I dispute part of what I was accused of, but not the other part; and again, I don’t want to put my employer or my employment at risk by talking publicly about what happened. It was not that severe, please believe me; my violations fifteen years ago (Wow! Is that really how long ago it was?! Yeah, 2010. Wild. Back when Trump was just a shmuck in New York with a bad reality show, rather than the guy who turned our entire country into a bad reality show.) were much worse, and I’ve written about those in detail before. All I want to say is, I got written up for that recent one, a warning placed in my employee file, and I acknowledge that I shouldn’t have done what I did. My actions – my words, to be a little more specific – were wrong.

When I violated the rules in Oregon fifteen years ago, I acknowledged that, too. What I did was this: I posted angry, insulting things about my students during class, from my school computer, which I should not have done; I named three of my former students and insulted them in a second post a month later. After four years of wrangling, I was found to have committed gross neglect of my duty as a teacher and an employee of the St. Helens School District, and I served a 30-day suspension without pay for it. I accepted that punishment, even though I still think it was undeserved. I mean, sure, I shouldn’t have used class time to write angry things about my students; but how many times have people called friends and bitched about work while at work? How many private messages and emails, and letters and diary entries, have been written by people on the clock, complaining about the people who own the clock? I always thought the violations in Oregon should have been handled the same way these more recent (less serious) violations were: I should have been called in for an uncomfortable meeting; my violation should have been put into my employee file so my future employers can know what I have done in the past; I should have been asked to remove the offensive posts – which I also did, in that case fifteen years ago. Give me a warning, get me in trouble, so I won’t do the same thing again.

It’s funny, though: I thought, when I got called in for that meeting in Oregon about my online activity, that I was going to hear about a complaint filed against me by a local political figure whom I had lambasted a couple of times on my blog, and who I figured would absolutely go to my employer about his ire over my words; I was ready and willing to defend my First Amendment rights, that time. It went further than that because my superintendent was advised by the district lawyers to report me to the state, mainly to cover her and the district’s asses; and, my union lawyer told me, the state wanted to make an example of me because it was 2010 and they wanted to establish a precedent regarding teachers on social media: and my case connected to both a blog and Facebook. (That was another parallel: I had posted something – certainly more insulting, but also ENTIRELY unrelated to the blogs – on Facebook, something which got reported to my district by an irate homeschool parent who had a bone to pick with public school teachers. The district Googled me and found my much-more-offensive blogs. Guess I haven’t learned to keep my mouth shut, huh?) So essentially, mine was a political prosecution: it was a savvy political move for my district, and then an aggressive political move for the state agency. They went after me to serve their own agenda, not because my actions deserved that punishment, not because there was any real risk of me being in front of a class. I spent the entire four years between my offense and my punishment teaching, successfully, without any further incidents. I did nothing else wrong. As I said, nobody who knows me would believe that I would actually do harm to a student, nor to my employer.

But whether my actions were justifiable, or whether the punishment was deserved, or whether I was thrown under the bus for political reasons, or not, the fact is that I broke the rules, and I got punished for it. And I accept that: I accept my punishment as what should have happened to me in response to my wrongdoing. I accept it because there are worse people, doing worse things, and they should also get punished for their wrongdoing, because they actually do harm, which I maintain that I did not do (Mainly because nobody, certainly not the students in question, ever read those blogs.), but if I get away with doing wrong by breaking rules, then it makes it easier for them to get away with doing wrong by doing harm. It is not lost on me that, at the very same time my district was throwing me under the bus for saying mean things on a blog, there was another teacher at the school who was receiving multiple complaints for acting inappropriately with students, but the school ignored those complaints and did not punish that teacher at all; ten years later, I had moved out of the state, and that other guy was in prison for sexual abuse of a student.

And I got called morally reprehensible. (To be fair, I don’t know what they called that other guy. It was probably worse.)

That irony, though, that discrepancy between my crime and punishment and the abuser’s crime and punishment – that injustice – does not mean that I should have gotten away with what I did: it means that both the other teacher and I should have been punished for our actions, preferably in an appropriate way. I should have been written up; he should have been at least fired and banned from being around children, and maybe arrested (I do not know if he had actually broken the law and harmed a student when the complaints were made. Neither does the district: no investigation was carried out.). He did harm. I broke the rules. We both should have consequences.

We live in a society of laws. I actually could have stopped at “We live in a society,” because society does not exist without rules of some kind; and the important ones that restrict the misbehavior of everyone in the society should be called laws. Without laws, there is no society. (I invite any anarchists to explain to me where I’m wrong on that, but not here and not now.) That is not to say that I think that humans are inherently evil and will always do the wrong thing without a threat from the state to keep us in line; but I think we all do wrong things, often without realizing what we are doing. I honestly didn’t even remember doing the thing I got written up for recently, just as I didn’t remember the blogs I had written in violation of the rules in Oregon when I first got called in for a meeting with the superintendent. But now that I have gotten in trouble for doing those things, I can guaran-fucking-TEE you that those things will not happen again: because I do not want to get in more trouble, and now I know clearly what actions of mine will get me in trouble. It’s not just that I don’t want the trouble, either: I don’t want the other consequences of committing those acts again. I do not want to have the reputation of someone who would break the rules like that. I do not want to lose my job, my career. And I recognize, and regret, whatever harm I have done, both actual and theoretical: because I can see that someone who read what I wrote in Oregon could have been genuinely hurt by it, even though I don’t think anyone did. It could have happened, which is why I shouldn’t have written what I wrote and posted it.

Okay. That kind of sucked, honestly; I don’t like talking about the things I’ve done that are wrong: I want to justify all of them, to explain or excuse everything that I have done, so that nobody thinks I am less than a good person. I want to be a good person, and be known as such. It’s important to me. I would hope it would be important to all of us, even if there weren’t direct consequences for misbehavior. But it’s not, not for all of us. Which is why the rules have to apply to everyone, both people who will not do wrong again, and people who will, but who might not want to have consequences again after they have them the first time.

Now let’s talk about Trump.

Donald J. Trump is a felon. He was charged with 34 felony counts of falsifying business records, tried, and convicted by a jury of his peers. He is still appealing the decision, under the argument that some of the evidence in his trial should have been inadmissible because the Supreme Court decided that the President of the United States – specifically Donald J. Trump – is above the law (HA I wrote “against the law.” Thank you for that, subconscious. But it is not what I meant. More’s the pity: we’d be a lot better off if Donald J. Trump was against the law.), and that appeal may bear fruit, because every other judge in this country does what the Supreme Court majority has failed to do: actually follow precedent and respect the rule of law and the role of the courts. So if that appeal does bear fruit, then Trump’s conviction will be overturned. And then the breaking of our society will be complete: because then Trump will actually be entirely above the law, untouchable and unrestrainable.

Please understand me. I am not talking about what Trump will do as President; part of me – the cynical, angry, irony-loving part – is looking forward to that, because I want everyone who voted for cheaper eggs to see what they actually brought down on all of us; and more importantly, I want the actual villains, the bastards who want to tear down the government so they can abuse all of us for profit, and who installed Donald Trump (because he was able to bring together all of the disparate parts of his base to vote for him and because he distracts everyone who opposes those profit-driven bastards) to regret the achievement of their actual goals: because they will make the world a worse place, and no matter what they think their money will insulate them from, they still live in the world they are fucking up. There will be consequences for their actions, and I want those billionaire corporate overlords to suffer those consequences along with the rest of us. (I’m tempted to just drop a picture of Luigi Mangione here, but I don’t want anyone to take this as a threat. I don’t think what Mangione did was right, he is a murderer; but it is an example of the consequences you risk when you make the world a worse place, and then live in that same world. I will also note that Mangione is facing the consequences for his actions.) The people that support Trump and who use Trump to achieve their own agenda want him to get away with anything he wants to do because they want him to keep doing what he does: mainly flinging shit everywhere he can, because that’s what distracts the rest of us from the agenda going on behind Trump. I mean, come on: the Gulf of America? Conquering Greenland? He’s just a gibbon flinging shit, and we can’t tear our eyes away.

But when the specific way that Trump is enabled is to take away the consequences for his actions, the damage done is so much more serious than Trump making a fool of us all on the international stage. So much more serious than Trump increasing oil drilling in this country, even though that does nothing good and creates irreparable harm. Trump’s backers only did it, I don’t doubt, so that Trump could keep flinging shit (That’s why the Supreme Court left themselves as the arbiters of what should be considered an official act, and therefore immune to prosecution, so that if a president whose name is NOT “Trump” pulls any shenanigans, the Court can send them up the river), but what they have done is create a situation where there is no consequence for breaking the rules, and more important, no consequence for doing harm.

To be entirely clear: the case where Trump was actually convicted was a rule-breaking case. He didn’t do any immediate harm with that one. But the rules he broke were about election finance, and transparency, and to allow those rules to be broken without consequence allows other people to do the same: and that does unimaginable potential harm in the future, because it allows even worse people than Trump to hide where they got their money, and how they spent it, in pursuit of power. That’s the scary part. And the MUCH WORSE part is that the other cases, the ones that have been dropped or dismissed, those were even closer to doing actual harm: and the January 6th case was entirely about Trump doing actual harm. People were hurt on January 6th. People died. Our country, our democracy, was endangered. Trump was partly responsible for that harm. And Trump got away with it. Without any consequence, at all. The Senate refused to impeach because he would face criminal charges – and then he didn’t face any criminal charges because the Senate didn’t impeach, which allowed him to run for the White House again. And he won because Americans wanted cheaper eggs, and forgot about everything Trump did wrong: because there were no consequences, so there was no clear line drawn as to what is allowed and what is not. If what Trump did was allowed, then he did no wrong: and if he wasn’t punished, then it was allowed. That’s the situation that was created. That’s the damage.

And it was done for Trump, but the problem going forward is not only Trump: it’s everyone else who might now do the same things, or much, much worse, and get away with it because Trump got away with it. I am definitely not saying that Trump should have been singled out for his actions, or that Trump should have suffered extra undue consequences; I don’t think the courts or his conviction should have stopped Trump from running for office, for example. I said, well over a year ago, that I didn’t want Trump to lose the election by going to jail: I wanted us not to vote for him.

I guess the rest of the country doesn’t have my hangup about disappointing people. Or at least 75 million or so of you.

I do think Trump should have been impeached. But when he wasn’t, I was willing to accept that, because I was sure he would be tried and convicted for his crimes; even when the trials got delayed and delayed and delayed, I wasn’t worried, because I was sure he wouldn’t be elected again. Surely people wouldn’t support that guy, the one who did all those wrong things. But since so many of you all did, I don’t want the courts to take away the choice, the votes, the will of the people. As a result of the last election, I now want Trump to be president, and I’m not saying otherwise in this argument.

No: I am saying one thing. Trump was accused of crimes. Credibly accused of crimes, because in all four criminal prosecutions, he went through a grand jury process and was indicted: for falsifying business records in New York, for conspiring to suborn elected officials and steal the election in Georgia, for taking and keeping and mishandling classified government documents in Florida, and for conspiring to overthrow the government in Washington, D.C. Those accusations should have all gone to trial, unless there was a reason in advance to discard the accusation without trial (And the dismissal in the Mar-a-Lago documents case was not, in my opinion, valid, because the judge, an inexperienced political appointee with loyalty to Trump, based her dismissal of all charges on the idea that the special prosecutor does not have authority to investigate and bring charges: and that’s horseshit. But I’ll tell you what, I would be willing to accept the court’s ruling on the appeal that Jack Smith brought to overturn that dismissal and reinstate the charges, because I trust that other judges are willing to do what Aileen Cannon is not, and follow precedent and respect the rule of law and of the courts. I’d even be willing to accept it if our corrupt Supreme Court did their bullshit again and upheld Trump’s invulnerability, because that would be another dagger that might help to get rid of those particular destroyers of our society, which should absolutely be the consequences for the Supreme Court majority’s wrong actions – and the three other prosecutions would have gone forward. I would accept that BECAUSE I ACCEPT THE RULE OF LAW.). The trials should have offered Trump a chance to face his accusers, to see all those who testified against him, and to be competently defended. The proceedings should have been ruled over by an impartial and competent judge, in every case. Trump should have been convicted – or acquitted – by unanimous vote of a jury of his peers, randomly selected and vetted by both Trump’s accusers and his attorneys. And he should then have the right to appeal, to object to any injustice in the procedures: as he has been doing all along, and as has borne him fruit, quite spectacularly.

And then, if any of those convictions happened and held through appeal, Trump should have been punished.

His punishment should be appropriate to his crime. In the case of his sole criminal conviction, I think the punishment given to any first-time felon would be acceptable in this case; I’d expect it to be a fine, maybe some community service, maybe some probation. Maybe an auditor, of some kind, to watch over his business records and make sure he doesn’t do the same thing again. And he should have, and bear, the label “Felon.” The reputational damage, and the consequent damage to his career. I mean, 75 million people decided that Trump was above the law and that he should be put back into the White House to get us cheaper eggs and destroy the lives of as many people as possible, and that’s – well, it’s not “fine.” But it is part of our system: being a convicted felon is no bar to running for, winning, or serving in the Presidency, and I accept that.

Because I accept the rule of law.

This is the part that drives me nuts, the worst part of all of this. I hate Trump and what he stands for, and I hate what he has done to my country, and I dread what he will do to my country in the next four years. But the thing that makes me start yelling cuss words, out loud, even when I’m just listening to podcasts and walking my dogs, is hearing about how Trump has taken such an enormous shit on our justice system: and how it has broken under the weight of Trump’s feces. Forgive my continued scatological metaphors, but they show both the contempt, and the filth, that Trump has dropped onto the fundamental structure of our society, by breaking the law, and getting away with it, with the help of his supporters and backers. Gotten away with doing wrong, without consequences. Of any kind.

Have other people done it before him? Of course: in our capitalist society, there have always been two tiers of justice, justice for the poor and justice for the rich; and Trump already enjoyed all of the protections of wealth – it’s how he was able to delay three of his four trials until after the election, and how he has been able to delay or avoid actually paying all of the money in his two civil cases (He has posted a bond that will pay E. Jean Carroll if he loses his final appeals to her two successful lawsuits, and the other case for falsifying business records, which ended in a $454 million fine, was reduced to $175 million, which he paid. Why did he only have to pay a third of the original fine? Because he’s rich, that’s why.). But now there are three tiers of justice: one for the poor, one for the rich, and one for Donald J. Trump. Maybe for future Republican presidents (Forgive my cynical assumption that our current Supreme Court would be much more willing to find that a Republican president’s criminal acts are immune than a Democratic president’s acts, but – come on. We all know who and what we’re dealing with, now.), but for now, Trump is the only one who gets to get away with everything.

For now.

Again: I don’t want him removed from office for his crimes. (Other than the January 6th case. That crime was sedition, and someone guilty of sedition should not be in elected office of this country. He should have been impeached for it. He wasn’t because of partisan politics, not because he wasn’t guilty or didn’t commit a wrong act. But since the actual charges were conspiracy and obstruction, I am still willing to accept that a conviction of those crimes would not equate to sedition, and would not bar him from running for office. Though in that case I’d be yelling a lot more.) I am not opposing Trump here on political terms. Let him run the country: let him fuck it up and show all of you who supported him what you have done. And hey, if he manages to do some things right, as he did some things right in his first term, I will applaud him for those things. Go ahead and reform prisons more. Release money to the general public to help us endure a crisis, like a good Socialist would. Love it. Thank you for that, Donald. Do it more.

And I am in no way singling Trump out for any of this. You want to put Biden and Obama on trial for having documents in their homes? Do it. If they committed wrong acts, then they also should suffer the consequences for what they did. (Just bringing documents home is not a wrong act. No one is saying that is all Trump did, other than Trump. And he’s lying.) Any Democrat who claimed that Trump’s win in 2016 was illegitimate, who argued that the government should in some way block his election because he received assistance from Russia, and who the right has since accused of obstructing or conspiring to overthrow a legal election – put them on trial, too. Or rather, go through the process: have an investigation, put the facts to a grand jury, and have anyone who is then indicted put on trial, with attorneys, with the full protections of the law.

Right after Trump goes to trial for taking and mishandling classified documents, and for conspiring to overthrow Joe Biden’s legitimate election win in 2020. Because his trials were already in motion. He had already been indicted by four grand juries. He already had attorneys defending him, and judges overseeing the cases – three of them impartial. I’d like to see him go to trial for sedition, too, since he’s guilty of that; but I’m willing to accept the process, and the DOJ’s determination that Trump should be prosecuted for conspiring to obstruct and overthrow the election, and I want him to go to trial for that.

Because I accept the rule of law.

More than that, in fact: I cherish it. I believe in it. I know that society needs it. And whatever may occur with a president who makes bad political decisions, who cuts taxes to raise the deficit and concentrate wealth in the top 1%, who destroys environmental regulations and makes climate change even worse, who flouts international diplomacy and all norms of politics and decent behavior, I will accept all of that. All of it. Because the law in my country says that Donald Trump was twice elected President, and that means he gets to fling shit everywhere he wants to, and we all just have to clean it up. Or live in the stink.

But I will not accept that Trump has gotten away with committing crimes, and suffered no penalty for it. (He is innocent until proven guilty, so even though I’m PRETTY GODDAMN SURE he would have been found guilty in the Georgia case [where he was on tape committing the act] and the Mar-a-Lago documents case [where the crime was photographed sitting in his goddamn bathroom, and he is also on tape committing the crime], I will accept that he has not yet been found guilty of those crimes: but he sure was found guilty of 34 felony counts of falsifying business records, and he should have had a punishment for that. First time offender or not. 34 fucking FELONIES. So I get to say that he has committed crimes. And the fact that the judge in that case had to forgo any punishment because it would interfere with Trump performing the office of the Presidency is horseshit: and it’s why I get to say he got away with committing crimes without punishment.) The fact that he has done so undermines the basis of our entire society. Trump has broken the rule of law, and without law, we do not have a society. Everything the most rabid conservative, who thinks every Democrat is a Marxist Socialist unAmerican Commie, accuses the left of doing, the right has done in uplifting Trump while he committed crimes and avoided paying for other crimes. The outrage over the tearing down of the DOJ and the FBI, the way the Supreme Court just fucking spit on both the Constitution and the separation of powers in deciding that Trump should be immune to prosecution for all of his acts while President, should have been deafening, and it should have come from the right: from those who (loudly) support law and order, who cherish the traditions of our country, who defend the Constitution against all threats, foreign and domestic. I can’t accept that law enforcement watches this guy commit every crime possible, and cheers when he gets away with it. I can’t accept that military members, in large numbers, watch him destroy this country’s entire system, and still salute him. And vote for him. It is insane. It is deranged. It shows how damaged our country is, by all of this, how broken our society is, now.

75 million people voted for Trump, and even more supported him, even though he committed crimes, simply because people want him to be in office, because they think he will be good for the economy, or hard on immigration, or a strong defender of this country. (All political reasons. Political reasons to oppose the due process of law.) But no matter how much he fights for what he calls America, Trump is destroying it, he is destroying us, because he is destroying the rule of law.

I won’t accept that.

And neither should you. Whether you voted for Trump, whether you support him politically, or not.

No one should be above the law. Not me, and not Trump. Or else there is no law. And no America. At least no America worth defending. And nobody is worth that. Not even Donald J. Trump.

More Like POO-Preme Court, Amirite?

Ha! POO-Preme.

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I will definitely change that title.

But there’s nothing I can do to change the Supreme Court.

Let me start with the reasons why the Supreme Court should be changed.

First and foremost, it has been captured by one political party, in defiance of all of the ideas they claim to hold dear: in defiance of democracy, in defiance of the ideals in the Constitution and the will of the Founders, in defiance of our nation’s proud traditions.

Should I use the word “captured?” Yes: if it wouldn’t be better to use the word “corrupted.”

Captured because Mitch “Fucking Turtle-Necked Chinless Redneck Powerhungry Asshole” McConnell (Am I the only one who uses that nickname for him? I shouldn’t be.) delayed a Supreme Court nomination for a damn year, after Antonin Scalia died in 2015, with some absolute bullshit about how it wasn’t appropriate to name a new Justice during an election year — and then he turned right around and named a new Justice during an election year, only a month before the Presidential election, when Ruth Bader Ginsburg died in 2020. What McConnell did wasn’t illegal, which is why those two Justices he stole for the GOP — or to be fair, one or the other of them was stolen: if we want to accept that Justices shouldn’t be named in an election year, then Neil Gorsuch’s nomination was legit and Amy Coney-Barrett’s was not; if we think the Justices should be named whenever the seat is empty, then Barrett is legit and Gorsuch is not — are both still Justices on the Court, making bullshit decisions according to their political ideology; but it’s clear that what McConnell and the GOP did was in defiance of all honor and decency, and intended only to swing the nation’s highest court over to their side so they could achieve their ideological goals. He did the same thing with the lower courts, holding up nominations through Obama’s second term in hopes of getting a Republican President to go with his Senate majority: which of course he did, and that’s why hundreds of federal judges were named by Trump instead of Obama. Which is bullshit — but it’s bullshit as usual. The Supreme Court nominations were not. That was blowing through precedent and decency for political gain. That, along with a hundred other examples of same, are why I will never accept criticism from the Republicans about Democrats playing politics. You don’t get to criticize when you do worse shit with more terrible consequences.

But hey, let’s pretend that all is fair in politics. (It’s not, as all is not fair in love nor war, whatever the old cliches say.) Because I certainly won’t pretend that the GOP’s justification for all of their shenanigans — that they are protecting the country from Marxism — has any merit at all, whatsoever. But sure, let’s pretend that as long as it’s legal to pull BS, you can go ahead and pull it. So then the 6-3 Conservative majority is permissible, even if it’s shitty.

So now let’s talk about corruption.

Let’s talk about Clarence Thomas accepting hundreds of thousands of dollars in gifts from a Republican mega-donor with interest in cases before the Court, from which Thomas never recused himself. Nor did he report the gifts on his disclosure forms. Also never disclosed that Crow paid his great-nephew’s tuition in expensive private schools. Or that Crow bought Thomas’s mother’s house. (My favorite counter-example, by the way, is that Justice Elena Kagan turned down a gift basket of bagels and lox from old high school friends because she wasn’t certain how it would look in terms of the ethics of accepting gifts.)

Let’s talk about Samuel Alito doing the same thing — accepting lavish vacation “gifts” from a conservative billionaire with cases before the Court.

Let’s talk about Neil Gorsuch selling a house to a law firm that has had several cases decided by the Supreme Court, from which Gorsuch never recused himself.

Let’s talk about Chief Justice John Roberts’s wife, who recruits lawyers for high-end firms that are frequently before the Supreme Court, making $10 million in commissions, which Justice Roberts described as “salary” on his disclosure forms. Also never recused himself.

Makes Kavanaugh and Coney-Barrett seem almost righteous.

I mean, unless you believe Christine Blasey Ford. Which of course I do. So that makes four conservative justices guilty of some questionable connections to wealthy Republicans with business before the court — and one credibly accused of sexual assault.

Wait, no, sorry — two. Because I fucking well believe Anita Hill, too.

And while we’re at it, let’s give that crapstack Thomas the trifecta, and include his wife, Ginni Thomas, who has frequently been closely connected to cases before the Court, from which her arrogant asshole of a husband has never recused himself. Not to mention her involvement in the Insurrection of January 6, 2021.

That’s the majority on the Court. To be fair, all of the Justices, including the liberal ones, accept travel as gifts from donors; mostly it is for appearances and speeches and so on, but sometimes it is for vacations. It’s just that they declare those vacations.

So yes: I consider the Court to be captured. To be corrupted. And that’s without even talking about the questionable decisions they have made over the last decade — going back to the Citizens United and Shelby County decisions, whose implications are still affecting us and our election processes, most intensely.

So let’s talk about those decisions.

First of all, as background, we should discuss the doctrine of originalism, which is a crock of fewmets to begin with. Created most actively by Robert Bork (80s kids will remember) as a reaction to the Warren court, which ended segregation, to the chagrin and outrage of every White supremacist then and since, originalism is the doctrine that the Constitution should be interpreted according to the original intent of the Framers who wrote it, and not adapted to meet the changing needs of the society they tried to shape into a democracy — pardon me, a Constitutionally limited Republic; Lord knows I don’t want to be accused of using the wrong term to describe this country, and therefore not knowing what the hell I’m talking about.

(Also, “AR” in “AR-15” doesn’t stand for “Assault Rifle.” It stands for “Armalite Rifle.” Don’t let anybody mock you for that one, which is quite literally the stupidest argument in the history of the gun control debate.)

There are several problems with originalism. For one, it’s impossible to know for sure what the Framers intended. We have their language in the actual Constitution, and we have in some cases writings they left behind explaining their intent. But — and please, take it from me, since this is literally all I do — all writing requires interpretation. And no author’s intent is purely apparent from their writing. Please see my last post for more on this.

Now, it’s fine to interpret the wording of the Constitution; that’s what the Supreme Court is for. The problem with originalism is they claim there is only one legitimate way to interpret that wording, and it’s their way. Why does one interpretive model always win when another must always be wrong? Go ahead, you try and justify it; I can’t. The objection against the more liberal decisions of the Supreme Court is that they interpreted the Constitution instead of following what it says; but since everybody interprets the Constitution, as everybody interprets all language and communication, it’s simply absurd to claim that THE OTHER GUYS are interpreting, and you’re going straight to the true essence. It’s bullshit.

The second problem with originalism is that, even when you get it right, the Framers were a bunch of racist sexist elitist shitheads. Sure, they had some incredible progressive ideas, especially for their time; and they had incredible intellects and great powers of reasoning, remarkable political acumen and voluminous knowledge of history and philosophy and so on, and, yes, wonderful rhetorical skill: but they still thought that only White men of means should be in control of this “free” nation they were creating. So it seems to me like their intent is not always the best guiding light for this modern nation descended from theirs. It is also ridiculous, by the way, to claim that this nation’s success is itself proof that the Framers had everything exactly right: that would require that everything in this nation’s history happened exactly as the Framers intended, and surely that whole Civil-War-Emancipation thing, not to mention women’s suffrage, was definitely not their intent.

Third problem with originalism: just like the Framers’ intent, the application of originalist doctrine is — malleable. It’s reasonable to interpret the Framers’ intent with firearms; while the form and function of firearms has changed in several ways, the essential concept of guns then and now is the same: it is a force multiplier that gives one person the ability to kill another from a distance with minimal risk to the shooter. So if we think that all of the Framers’ thoughts on guns were the best ever (and they probably weren’t — but actually, I think the problem is that we misinterpret the Second Amendment, not that the Second Amendment is a terrible piece of law), we can maybe apply those thoughts to modern gun control laws. Probably not a good idea still, but not absurd. But to say that “free speech” and “free press” and “free assembly” actually define the internet is to misunderstand the internet entirely. There is not any way you could print a thing, in any sense of “print,” that could reach 5 billion people around the world in mere seconds; but the internet can do that, in theory. There is no speech that could ever reach 5 billion people, period; but one YouTube video can. There is no sense of assembly that includes the ability to link FIVE BILLION PEOPLE in real time, but in different locations — but the internet can do that. The internet is a new thing. It is not a thing the Framers could have predicted, and therefore it is not a thing for which we can find the Framers’ intent. We have to make that shit up. Which means that, according to originalist doctrine, there should be no regulation of the internet at the federal level at all, because the Tenth Amendment reserves that power to the states. The same as the bullshit justification for the Dobbs decision overturning Roe v. Wade. Yet, strangely, the originalists do not claim that all internet regulation in any form should be done at the state level. Why? Because originalism is not a solid doctrine, it is all and only interpretation — opinion. It just has a particularly convincing, albeit specious, justification for why this opinion is better than other opinions.

The fourth problem with originalism (What, did you think three was enough? You thought I was done? AU CONTRAIRE, MON FRERE.) is, following the same logic, we should examine the intent of the original framers of the doctrine of originalism, Robert Bork being the main one. Robert Bork was an asshole. He was also one of the most influential people behind movement conservatism and trickle-down economics, which means we can also blame this crapstack for income inequality and our current plutocracy. It makes perfect sense that Bork would create originalism, and look to the 18th century Framers for guidance: he, like them, was a sexist, racist, elitist shithead. Which means that his doctrine should also not be a guiding light for a modern enlightened society.

The fifth and final problem with originalism? There are five originalist justices on the Supreme Court. Want to guess which five? Well, the easier way is to guess the one who isn’t: it’s Roberts, who strongly believes in stare decisis and respect for precedent. Roberts was the one who agreed with the Dobbs decision in favor of the state of Mississippi’s specific statute limiting abortion access; Roberts did not agree that Roe should be overturned. Because Roberts, while a conservative, is not an originalist. Alito, Barrett, Gorsuch, Kavanaugh, and Thomas are, and those five votes overturned 50 years of precedent, and removed a Constitutionally protected right from American citizens.

And then, when they struck down affirmative action, and the right for LGBTQ people to receive equal treatment in the free marketplace, they did it again — overturning 50 years of precedent in the affirmative action case, and removing Constitutional protections of the rights of Americans in the 303 Creative case, the decision that gave a Colorado web designer the right to refuse her services to (hypothetical) gay clients, as it would somehow violate her First Amendment rights. This time with Roberts joining in. Because he’s still a prick.

Okay: I was going to go through the decisions that I think the Court has decided wrongly, but I think this thing has gotten too long already; turns out I have a lot of beefs with the current Supreme Court. This is a good list from Truthdig of the bad decisions of the Roberts court; it doesn’t include the most recent ones.

YARN | I got a lot of problems with you people... | Seinfeld (1993) -  S09E10 The Strike | Video clips by quotes | 0f8e26b9 | 紗

Okay. So we all agree the current Supreme Court sucks. (MY title, by the way, was inspired by a Tweet I saw that called it the SUCK-preme Court. And mine’s better than that. But I will change it before I post this, I promise.) What do we do about it?

No, we can’t expand the court. Sure, it’s tempting, and there are both precedents and logical reasons for doing it — the best I’ve heard is that there are 13 Appeals Courts (12 districts and the Federal Appellate Court) and so there should be one Supreme Court justice per Appellate court, which would allow Biden and the current Democratic Senate to name four new justices and win a 7-6 majority going forward — but that only starts a game of back and forth: if the conservatives get a majority after liberals expand the court and add four seats, then the Republicans would add at least another two seats and take the majority back. And so on.

By the same token, we can’t impeach all the Justices. They haven’t committed high crimes and misdemeanors. (Thomas probably has.) They did say under oath that they would hold to established law in regards to abortion rights, but it’s not perjury if you changed your mind after you answered the question; and who could prove that the Justices were lying when they said something that wasn’t true? The free gifts from Republican donors, and the money taken in by Roberts’s wife, did not provably change a decision made by the Court; the law firm that bought Gorsuch’s house, for instance, received his vote eight times, but he voted against them four times — and honestly, it’s a pretty good bet that Gorsuch would agree with a conservative law firm two times out of three without anyone buying a log cabin. As we all learned with that other corrupt piece of shit Trump, it’s about the quid pro quo.

Though I learned it from Hannibal Lector.

Quid Pro Quo Qpq GIF - Quid Pro Quo Qpq Hannibal Lecter - Discover & Share  GIFs

No, the truth is, there isn’t anything we can do about this current court, except suffer.

But there is something we can do about the situation in this country, which the Supreme Court is making worse.

We can pass laws.

We can elect Democrats who can win a majority in both houses of Congress, and win the White House. It wouldn’t even be that hard, honestly, because so much of the country is blue; I know we’re fighting GOP gerrymandering and election tampering, but surprisingly, those were two of the decisions the Court made that went the right way, so neener neener.

neener Neener* GIF | Gfycat

But really: the Court can only toss out legal protections if they are not enshrined in law. They can toss Biden’s student debt relief plan (EVEN THOUGH THE PLAINTIFF HAD NO STANDING, GODDAMMIT), but they can’t tell Congress not to cancel student debt.

And the better we do at electing Democrats, the better off we will be in terms of election maps and rules going forward: and that will snowball in the future — until we can properly nominate new Justices to replace these assholes.

This court’s biggest mistake is in overturning precedent in order to appease their personal biases. We should not make the same mistake, and so compound the problem, by expanding the court or by impeaching Justices for being assholes. Not to be morbid or anything, but Clarence Thomas is 75 and Samuel Alito is 73; I think we can expect to name two new Justices in the next ten years — and so if the Democrats can maintain control of the White House and the Senate, or at least one or the other, then those can be liberal nominees, and that will swing the Court back to a better balance.

And then the liberal justices can just overturn all of the fucked up decisions that this court is making. Which is what happens when you throw out precedent: the next guy also gets to throw out your precedent, and reverse all of your decisions.

You know who pointed that out to me? My dad.

And that’s how we come full circle and start this blog off the right way.

Much better than that awful title.

I promise I’ll change that.

Okay, no I won’t.

I Thought It Was Funny GIFs | Tenor

Happy 4th of July, everyone.

This Morning

This morning I didn’t want to do this. I didn’t want to do it yesterday, either, but that’s when I knew that I had to.

I don’t want to write about abortion any more. I already said everything I wanted to say, as well as I could; it was exhausting and depressing — though happily, I got a positive response from the post, for which I’m grateful (though that also tells me that I was mainly preaching to the choir, which is expected, but unfortunate) — and even though I said in it that I would try to present an emotional argument to complement the logical argument I was aiming at, I just couldn’t make myself do it. Not least because I don’t want to exhaust people who read this blog with post after post of difficult, tiring, angst-inflicting subject matter like abortion.

But I have to do this. Because Clarence goddamn Thomas is on the Supreme Court of this country, and therefore has a platform for his bullshit that I can never match: and it is exactly that reason, that imbalance in our respective influence and reach, that means I have to throw myself at his mighty marble pedestal of bullshit, and try to knock off a chip or two.

Let’s start with this: Thomas shouldn’t be on the Court in the first place. He was underqualified, having spent only two years as a federal judge when he was nominated by President Bush in 1991 — not a disqualifying fact, of course, but certainly not in the “Pro” column. And then Anita Hill stood up. The accusations brought against Thomas by Hill during his confirmation were supposedly nothing but “He said/she said” claims. The same sort of thing that Brett Kavanaugh also recently stamped past, waving his chubby fists angrily in the air,  winking at the other bro-type fellers who we all knew would be frowning seriously for a full thirty minutes before they voted to confirm him (As an aside, there’s a remarkable quote from the article about the Hill/Thomas hearings which I will be referring to in a moment: ‘When apprised of Hill’s accusations, Senator Howard Metzenbaum, the Ohio Democrat, said, “If that’s sexual harassment, half the senators on Capitol Hill could be accused.”‘ The idea that it couldn’t possibly be considered sexual harassment because all kinds of rich powerful white fucksticks are guilty of it is really a stunning position to take on, well, anything.). Except in the case of Hill and Thomas, they weren’t just a “He said/she said” set of accusations:

For viewers at home, it looked like a typical he-said, she-said sexual-harassment case, in which it was nearly impossible to determine who was in the right. Believing Hill required believing that a federal judge on the verge of Supreme Court confirmation would perjure himself; believing Thomas required believing that Hill would have fabricated vivid allegations out of whole cloth.

This appearance of irresolvable conflict was neither wholly accurate nor accidental. Four friends of Hill’s testified that she had told them about the harassment at the time, lending more credibility to the claims. Three other women were willing to testify about being harassed by Thomas, too. But Biden chose not to allow one of them, Angela Wright, to testify publicly, instead releasing a transcript of a phone interview with her. Strange Justice, a 1994 book by reporters Jill Abramson and Jane Mayer, concluded the Judiciary Committee had failed to follow up leads on allegations against Thomas and had conducted only a cursory investigation. Whether such testimony would have been adequate to convict Thomas in a court of law is unclear, but perhaps also beside the point. It was as strong or stronger than the evidence that has toppled several members of Congress, including Senator Al Franken.

Source

A corroborated story, part of a pattern of behavior, should have raised enough questions about the man to shift his 52-48 confirmation vote the other way, even if they were afraid to appear racist by voting against him. I certainly see the value of having an African-American person on the Court, but I personally find it pretty hard to believe there wasn’t another, better, African-American nominee than Clarence Thomas to replace Justice Thurgood Marshall. (Perhaps a black woman?) But we all know perfectly well that Thomas was not nominated for his race, he was nominated for his conservative views and his willingness to follow the script. He was confirmed because of his race. The fact that the  ultra-white Senate and particularly the Judiciary Committee ran away from confronting Thomas head-on shows one of the many reasons why the government should not be monocultural. Can you imagine if Thomas had told Maxine Waters that she was carrying out a high-tech lynching? Or Kamala Harris?

(And though I really don’t want to get off the topic, let’s all remember who headed the Judiciary Committee in 1991, who failed to follow through on the leads in this investigation, and gave us this piece of shit on the bench because he couldn’t stand up to a black man who played the race card, as Thomas did [Too many asides and I should have written about this whole thing when Kavanaugh was pitching his hissy fits: but how the fuck were Anita Hill’s accusations against Thomas a “high-tech lynching?” Because it was being broadcast on the televisions? That’s fucking high tech? Seriously? You talked to her about how big your dick is, sir: this is not high anything: it’s low brow, it’s low class, it’s low quality. Enough, sorry.]: Joe Biden. Please, I don’t want to pick the Democratic nominee before the process plays out, but whatever you do, don’t fucking vote for Biden, okay? Pretty please?)

So as I was saying, Clarence Thomas shouldn’t even be on the Court. Once he got there, he should have been impeached for his consistent refusal to recuse himself despite serious conflicts of interest mainly through his wife, a political activist who started a Tea Party PAC in 2010. Thomas has had clear conflicts in the Citizens United case, and in the Affordable Care Act case, and yet, he voted, and we have those decisions in the books.

(Summary of Thomas’s conflicts of interest, though it is out of date)

So here we are: and Thomas has something to say. About abortion.

It’s racist.

That’s right, abortion is racist, sexist, and ableist, Thomas opined in his concurring opinion on Tuesday after the Supreme Court voted 7-2 to split the decision on an Indiana abortion case: because abortion is the tool of eugenicists.

I mean, it’s not.

But Thomas says it is — and Thomas is an honorable man.

Here: this is Thomas’s opinion. It’s full of legalese, of course, and the writing is honestly pretty bad, but you are welcome to look and judge for yourself. Let me give you the tl;dr version of it.

Essentially, Thomas claims that abortion is a weapon used by eugenicists to reduce the number of unwanted people in the world in order to purify or improve the genomic quality of the human race. He says that people who want to make the human race better want to remove anyone who is of low intelligence, or who is not white, or who is a woman. To prove this, he cites Margaret Sanger, Alan Guttmacher, and various members of the American eugenics movement of the first half of the 20th century. He takes the Court’s decision not to decide on part of the Indiana case as a reason to get all fired up in defense of all non-white babies, women babies, and babies with limited capacity or genetic complications.

Here are the problems with his argument. Ready?

  1. Margaret Sanger, while she had some genuinely fucked up elitist views, never promoted abortion. She promoted birth control. She never conflated the two; and Thomas fucking admits it in his opinion: ‘She [Sanger] recognized a moral difference between “contraceptives” and other, more “extreme” ways for “women to limit their families,” such as “the horrors of abortion and infanticide.”’ That’s right, Clarence: she thought abortion was a horror. Not a tool of eugenics. Not birth control. (But Thomas says that Sanger was a pro-abortion eugenicist; and Thomas is an honorable man.)
  2. Alan Guttmacher, while he was arguing that abortion should be legalized in the 1950’s, said this (Taken from Thomas’s opinion):

    He explained that “the quality of the parents must be taken into account,” including “[f]eeblemindedness,” and believed that “it should be permissible to abort any pregnancy . . . in which there is a strong probability of an abnormal or malformed infant.” … He added that the question whether to allow abortion must be “separated from emotional, moral and religious concepts” and “must have as its focus normal, healthy infants born into homes peopled with parents who have healthy bodies and minds.”

Here’s the thing, Your Honor — and stick with me, now — it should be permissible to abort any pregnancy for any reason whatsoever. In fact, it is permissible to abort any pregnancy for any reason whatsoever. We can talk about the proper time to do it, and I suppose we can wax poetic about why women should want to keep their children and all that jazz: but none of that fucking matters. What matters is not why a woman chooses: what matters is that the woman chooses. Period. The end. Full fucking stop.

But let’s stick to the matter at hand. I will agree that Guttmacher’s comments can be seen as preferring people without genetic abnormalities or birth defects. “Feeblemindedness” of course is a code word for conditions such as Down’s Syndrome (Which Thomas also refers to in his opinion, also getting his facts wrong on that as a reason for abortion — but Thomas says Icelandic women abort 100% of children with Down’s Syndrome, and sure, he is an honorable man.), and so Guttmacher might be saying that people with such genetic conditions should be aborted.

No, wait: no he’s not. He’s saying that abortion should be allowed. Not that it should be sought. Not that it should be promoted. Not that it could be used to build the Ubermenschen. He’s saying that the debate over abortion should focus on healthy children in healthy homes: meaning that situations that are unhealthy are reasonable places to see abortion as an option, as a means of avoiding a dangerous and harmful situation. You want to read that as referring to parents or infants with Down’s Syndrome? Go for it, but that’s not what Guttmacher said. The closest he comes to it is the one word “normal” in reference to the children: and if you are going to read “normal, healthy children” as referring to only children without Down’s Syndrome, then you are the one arguing that Down’s makes one abnormal and less than healthy. Which makes you, Justice Thomas,  the ableist.

Motherfucker.

But I was trying to enumerate the problems with Thomas’s argument that abortion is the tool of eugenicists. Let me just boil it down: the eugenicists he refers to, which did include Sanger and might have included Guttmacher, never promoted abortion as a means of accomplishing eugenic goals. They preferred birth control — and where they were fucked up Nazi types (and plenty of eugenicists were fucked up Nazi types), they promoted forced sterilization. [Great article about this: Thomas refers to a book about Carrie Buck, a woman who was forcibly sterilized by Virginia, and then the Supreme Court in 1927 supported the state’s right to do that to her. Except Thomas misunderstood the book’s point. Because the book is not at all about abortion. Weird.] And even if they did really want to use abortion as a means to a eugenic end, THOSE PEOPLE ARE ALL DEAD NOW. None of them are setting the policy for the country, for Planned Parenthood, for abortion providers, for anyone. They are not behind the laws the Supreme Court is ruling on, they are not behind the challenges to those laws. They are irrelevant. They provide interesting historical context: but they do not show problems within the modern day argument over abortion. It’s like saying that the Republicans are corrupt because Warren G. Harding was a corrupt Republican. Or that they’re tall because Lincoln was. This is (ironically) called the genetic fallacy: presuming that something is wrong because of where it came from — that Planned Parenthood is evil because Margaret Sanger thought we should sterilize poor people. It’s also an ad hominem attack, going after the people rather than the argument; and it’s a red herring, because Sanger and Guttmacher and the rest were not arguing for abortion even when they were arguing for eugenics, and they weren’t arguing for eugenics when they were arguing for abortion. It’s the Fallacy Trifecta. I know we see that kind of shit all the time on the internet — but God, why do we have to see it from a Supreme Court Justice?

The nonsense continues: Thomas pulls out some shit about African-American women seeking abortions at a higher rate than white American women, which is true — but he never even tries to examine the real reasons, which are the systemic poverty and the lack of access to health care which ensure that African-American women are less likely to have good access to birth control, or to have the resources to carry healthy pregnancies to term. Instead he throws down this tired, out-of-context quote from Sanger: ‘We do not want word to go out that we want to exterminate the Negro population, and the minister is the man who can straighten out that idea if it ever occurs to any of their more rebellious members.’ (To be clear, she is not saying that she wants to hide their true motive of genocide from the African-American community, she wants to make sure that people don’t come to this INCORRECT conclusion, exactly as Thomas is doing here. The proof? The phrase “straighten out that idea” does not mean “cover up the truth,” it means “correct a mistake.” And she wasn’t writing to the ministers themselves, so she’s not trying to sugarcoat her actual meaning. My kingdom for a Supreme Court Justice who understands rhetoric.) So apparently, because he misunderstands Sanger, Planned Parenthood is still following her direction and aborting African-American children more frequently than white children.

Sure.

Then he grabs some crap about Asian women seeking sex-based abortions, meaning that Asian women abort female babies more often than male babies, which is also true — but he never even tries to show how that means we should limit abortion access in this country. Come on: try to make an argument out of it. Chinese women, under that country’s disastrous and appalling one-child policy, more frequently aborted female children, a trend that is also common in India because of the social importance of sons over daughters. And therefore American women should not be able to abort their pregnancies because . . . ? As goes New Delhi, so goes New Jersey? If America ever imposes a one-child policy then Asian-American women will repeat this pattern — uh . . . because . . . ?

Here: this article spells it out well. Read it just for the point about Down’s Syndrome abortions and Iceland.

Look, this is really pretty simple. The right to an abortion, which Thomas opposes (And he gets salty about in his conclusion, when he claims the court created a Constitutional right to abortion which didn’t exist previously), is an individual right, and it is protected within the Constitution under the right to privacy. But whether it is protected as private or not, it is a right: because a woman has the right to determine what happens in her own body. She has the right to decide if she is going to be pregnant or not. You want to argue with me about that? Read this. But otherwise, start from that point. A woman’s choice to abort is her right.

Now: tell me that women might abort pregnancies because of the fetus’s presumed race.

A woman’s choice to abort is her right.

Tell me that a woman might abort her pregnancy because the fetus is female.

A woman’s choice to abort is her right. 

Tell me that she might do it because the child might have genetic abnormalities or birth defects, or ill health, or any other serious complication.

A woman’s choice to abort is her right.

Do you see? Do you get it? The question is not what happens to the infant: it dies. We know that, and it’s ugly. And we may frequently disagree with why a woman makes the choice she does. But that does not matter. That is not the question. The woman having racist or sexist or ableist reasons does not change her rights: she has the right to bodily autonomy, she has the right to privacy: she has the right to choose. That’s it. And though I was being facetious earlier when I said that Thomas’s reading of bias in Guttmacher’s statements reveals Thomas’s bias, this is for real: the theory that eugenicists would use abortion as a tool to achieve some kind of racial purity presumes that women have no ability to think and decide for themselves, but would simply be led to abort pregnancies they otherwise would want, because eugenicists told them to do it. And that is about as sexist as it gets. (Or else it presumes that women with the very qualities that eugenicists deplore would wish to eliminate their own traits from the gene pool and would therefore abort their own pregnancies to accomplish that goal. Which is just — I mean, it just exhausts me.)

So to sum up.

If you tell me that you have the right to freedom of speech, and then I say you might use that free speech to call Clarence Thomas a fucknugget, I hope you can see that I have in no way argued against your right to free speech. If you tell me that you have the right to bear arms, and I say you might use that right to bear arms in such a way that it would lead to the deaths of disproportionately high numbers of African-American men (Won’t . . . bring up . . . police killings . . . NO!), you should respond that my comment has nothing whatsoever to do with your right to bear arms. (A better example: if you use your guns to hunt legally, and I say that’s gross, it doesn’t mean you don’t have the right to bear arms. Even though hunting is gross.) If you say you have the right to refuse to allow British troops to be quartered in your home, and I say that means they’re going to be trampling all over the azaleas and shitting behind the rhododendrons, you should still not allow redcoats into your home and give them your Netflix password.

Want me to keep going? I can keep going. There are a great many personal rights specifically enshrined in the Constitution, and a great many more protected by its strictures on government power. Not a one of those personal rights is granted by the Constitution: they are human rights and civil rights, rights that we possess as a condition of our personhood and our citizenship. Not a one of them is predicated on the reason why we use them or how we use them. Not a one. There are restrictions on how we use those rights, as there are restrictions on how abortions can be performed; but never why. The argument Thomas is trying to make — and he comes reeeaaaaalll close to making it explicitly — is that abortion is a violation of the fetus’s rights. That abortion is discrimination against the fetus on the basis of sex or race or physical or mental disability.

But the fetus doesn’t have rights. Not in preference to the rights of the mother. Neither does society. Not even if the mother does decide to terminate her pregnancy for eugenic reasons. It is still her body, it is still her right.

Period.

Investigation

There should be an investigation.

Sorry: I assume that I don’t need to give any more explanation than that of my topic here; but in truth, there are several things happening right now that could lead me to call for an investigation, so I should certainly give my audience a little more than that.

There should be an investigation into the accusation of sexual assault made against Brett Kavanaugh.

There. Is that clear enough? Mmm, perhaps not; I know this story has exploded into unavoidability, but I also know that many of my fellow citizens, and many interested parties around the world, make a point of staying away from the mass media and the political news cycles; those people may need more information. I don’t expect that any of them read this blog – not sure that anyone will read this blog once they have realized what my subject is – but in case they do, I should explain.

Judge Brett Kavanaugh, currently an appellate judge on the U.S. Court of Appeals for the Washington D.C. District, has been nominated by President Trump for the seat on the U.S. Supreme Court vacated by Justice Anthony M. Kennedy. Judge Kavanaugh is on the fast track to confirmation, partly because he’s a fine conservative judge with excellent experience and credentials, and therefore a good choice for the seat (if you don’t mind the fact that he’s a perfect fit for the mold of Republican Honky, having grown up wealthy and privileged and white, attending private schools and Yale, working for the Bush White House, et cetera, et cetera. He’s even married with two children whom he coaches in softball, for God’s sake. He’s a Republican Ken doll. Does that make him a good or bad choice for the Supreme Court? Honestly, I want to help my party stop playing identity politics, because identity politics are bullshit, and so I’m going to say we should let Judge Kavanaugh’s stereotypical markers go, and focus on his actual record of words and deeds), and partly because the Republican-controlled Senate wants to fill Justice Kennedy’s seat before the November elections, when the Democrats may win control of the Senate, and may then cast out any Republican judicial nominations while chanting “Merrick Garland! Merrick Garland!”

I have to say: I had this splendid and insane idea. What if the Democrats, should they win the elections in November and take control of Congress, could call Merrick Garland for a hearing, and then vote him into Kennedy’s seat? I mean, he was nominated for the Supreme Court by a President, and he wasn’t voted down by the Senate, simply never given a chance to be considered. Could they go back and pull his nomination out of the cold case files, so to speak, dust him off and put him through the process now?

The answer is no, sadly. His nomination officially expired when the 114th Congress closed in January of 2017. Too bad. Think how sweet that would have felt. It might even have precipitated the second civil war, and about time, I say. I don’t mean that.

Anyway. Judge Kavanaugh was going forward with his successful bid to become an entrenched 30-year bastion of conservatism, when suddenly the car went off the road and crashed down a hillside. It is currently flying, in super slow motion, over a cliff’s edge; it is not clear yet whether it will flip over, smash into the ground and explode in red-white-and-blue flames, or if it will glide perfectly onto another roadway on the other side of the narrow chasm it may currently be flying over. That is to say: Kavanaugh’s nomination has suddenly gone awry, but it may still straighten out and land him in a seat at the Supreme Court.

The reason the Kavanaugh car went off the road is a woman named Christine Blasey-Ford, Dr. Christine Blasey-Ford, who has stated publicly that, when she was a teenager known simply as Christine Blasey, she was assaulted at a party by a drunken 17-year-old boy who pushed her down, lay on top of her, groped her and kissed her, tried to take her clothing off, and when she tried to scream for help, he put his hand over her mouth to silence her. That drunken assault was committed, according to Dr. Ford, by Brett Kavanaugh.

Okay. Cue outrage. Cue insanity. Cue tens of millions of people all saying, “Oh, shit.” I know I certainly did, several times, when I first heard this story after it broke. But after the outrage and insanity and the Oh-Shits have passed, we now have to deal with this situation. And the question is, what do we do?

It’s not fair to treat this as a special case because of the political ramifications. If Dr. Ford’s story is true, then she was attacked by a drunken savage, who may quite possibly have raped her had his equally drunken buddy, a man named Mark Judge, not jumped laughingly atop the two while they struggled on the bed, knocking all three to the floor and enabling the young woman to get away. (I have to say, though maybe I shouldn’t, but I have to: that’s the part that makes me think Dr. Ford’s story might be true exactly as she said it. That is not the kind of act someone would make up, because it’s so absurd, so entirely dumb; it turns an attempted rape into a bad Three Stooges skit. It makes the rape attempt seem less serious, which would undercut the narrative if Dr. Ford wanted to invent an attack to use as a weapon. But it is also clearly something that a drunk-ass teenaged boy would do. I also think it is something that a guy would do if he thought his buddy was taking a joke too far, and he suddenly got disturbed that maybe this wasn’t a joke, to his buddy: according to the story Dr. Ford recounted, Mark Judge was laughing wildly the whole time, and he jumped on top of them twice, only knocking them off the bed the second time. I can quite easily see that young man doing that intentionally to make Kavanaugh stop, maybe after seeing Kavanaugh do something that wasn’t playful and funny in that Ha-ha-we’re-drunk-guys-assaulting-a-girl-but-not-really kind of jokey way. Maybe putting his hand over her mouth after she screamed? However: I also have to note that there is no indication other than Dr. Ford’s testimony that the two guys who carried out this, to me, realistic-sounding attack, were actually Brett Kavanaugh and Mark Judge. So I believe the event happened. I do not know for certain if Kavanaugh was the one who did it. That depends on whether we believe Dr. Ford. Is it believable that she would forget who did this to her? It is not; trauma creates strong memories, and she knew both boys’ identities at the time. Is it possible, since memory is often deceptive, that she has mixed up the identities of her attackers in the intervening years? It is possible, and it is also possible that Dr. Ford is lying intentionally. So I can’t be sure; there is a reasonable doubt. Forgive the ridiculously long aside.) Whether that savage would-be rapist is now a judge, or nominated for the Supreme Court, or if he was just some dude who drove a bus or sold insurance or ran a car wash would make no difference. Dr. Ford’s account should be considered carefully, and the reasonable next steps should be taken. We are well past the statute of limitations, so there cannot be any criminal or civil action taken against Dr. Ford’s attacker; but the purpose of acting on an accusation of assault shouldn’t be for the sake of punishing the attacker: it should be for the sake of trying to make things right, however that can be done. The truth is, of course, it can’t be made right, because Dr. Ford can never be relieved of the burden of what happened to her; but that makes it more important, not less, that we try.

At the same time, this case can’t be separated from the politics. The potential stakes have been raised, all the way to the highest court in the land. This may be important not only for those involved, but for the entire country. It doesn’t change the situation, but it changes the extent of it, and therefore changes the extent of our response to it. Howsoever far we might be willing to go for the sake of doing what is right for Dr. Ford – and I’d argue that that should be pretty goddamn far – we have to be willing to go much, much farther to do what is right for all of us.

So what is the right thing to do? Let me start by stating, as I think I’ve been doing all along, the obvious: we should not be playing partisan politics with this. And as is always the case, neither party is innocent of that crime, the crime of exploiting intense suffering, perhaps even causing intense suffering, for the sake of partisan political gain. It is utterly appalling that the Democrats, specifically Senator Dianne Feinstein, sat on the accusation for two months, revealing it only when it was the last bullet in the gun and could be used to delay Judge Kavanaugh’s nomination as long as possible. It seems likely that the political calculus here also sought to make it impossible for President Trump to nominate a replacement in time to get someone confirmed before the midterms if he and the GOP should decide to abandon Kavanaugh, which means they have little choice politically but to stick with the man accused of sexual assault, which will surely be used to make much political hay regarding the President and the rest of the privileged white dudes in power and their tendency towards sexual violence and misconduct. That’s a disgusting abuse of Dr. Ford and Judge Kavanaugh and the entire political system. (Honestly, if I may be allowed another aside, I have to say that I think President Trump did nothing wrong here. I’m already seeing memes associating Trump with all of the sexual misconduct in the GOP, and though he certainly bears responsibility for his own alleged crimes and multiple verified instances of misogyny and sexual misconduct, he didn’t make the Republicans, nor the Democrats who have also committed crimes and sexual misconduct, into the scum that they are. He could not possibly have known about this assault accusation against Judge Kavanaugh, and so he should not be taken to task for picking a man who had this hidden in his past; it was hidden too well and too deep for anyone to know, which is why Judge Kavanaugh has the title and the position that he does. I saw Trevor Noah of the Daily Show making a comment about how Trump seems drawn to other sexual assaulters, and while that may be true, it also hides the truth that people who commit sexual assault are not always, not even often, clearly criminal in their demeanor. There is nothing to show, on the outside, that someone may have committed sexual assault in their past. The nicest guy you know might be guilty of sexual assault, and still seem like the nicest guy you know. There’s no particular reason to think that Trump could sense if Kavanaugh is guilty of this, and he couldn’t have known that Kavanaugh would be accused of it. That being the case, I actually think the honorable thing for the President to do is to stand by his nominee until and unless the truth is proven; and that’s what Trump is doing.) I don’t believe the cover story of protecting Dr. Ford’s anonymity; it wouldn’t even be hard to bring up the accusation without details but with enough information to scuttle the nomination before it went to committee. Senator Feinstein could have gone to President Trump’s advisors and presented the situation, and they absolutely would have steered the President to a different nominee; it’s not like Brett Kavanaugh is the only good Republican Ken doll in the judicial branch, and there were a dozen other possible names floating around for the seat. No, it seems clear that Senator Feinstein held this grenade until the very last second so as to inflict maximum damage, and that is simply gross.

On the other hand, the idea that the Republicans can push this nomination forward to a vote without properly pursuing the matter in a manner befitting the seriousness of the allegation, and the potential impact of putting a man guilty of sexual assault onto the Supreme Court for the rest of his life, for the sole reason that that man is also a conservative, is just as utterly disgusting. I can’t imagine being so cynical that I could do what the GOP seems to have done, which is to find a way to spin this that seems acceptable to enough of their base that they can then go ahead and do what they planned to do before this came to light: put a fifth conservative justice on the Supreme Court and start laying down precedents that will help them win the culture wars. But all I hear from them is, “Well, she’ll have a chance to speak, but we can’t delay this nomination. Don’t have time. Got to get this done fast.” Their reasoning is clear, and grotesque.

The right thing to do politically would be to go to a vote and vote Kavanaugh down, right now, and then get a second nominee through the process as fast as they possibly can; I would also argue that this would be the right thing to do for Dr. Ford and Judge Kavanaugh, because it would take all of the ungodly pressure and scrutiny off of the case, and Dr. Ford could pursue it as she saw fit. It should be pursued, now that it’s out, both for her sake and because even if he is not headed for the Supreme Court, Kavanaugh is currently a judge on the Court of Appeals: he may not be one of the nine most powerful judges in the country, but he is one of the 188 most powerful judges. But bringing an accusation to light, proving the allegations, and potentially calling for Kavanaugh’s impeachment from the appellate court, none of that has the same insane heat as this does. And that way, the GOP could go ahead and get their fifth judge on the Supreme Court. Without inflicting a second justice, along with Clarence Thomas, who may be (is, in Thomas’s case) guilty of criminal sexual acts. (And Democrats worried about the long term effects in the culture wars should keep Thomas in mind. He is 70 years old, and he will not want to live out his last years as Ruth Bader Ginsburg is doing, working into her 80’s through ill health because she needs to keep her seat and do the right thing. Thomas does not have a hundredth part of Ginsburg’s strength, and his moral character is essentially nil. So make sure that Congress is Democratic, and Trump is out by 2020, and you’ll get a fifth liberal judge when Thomas steps down.)

But this is all beside the point. Because this is not a political issue. There are political issues attached to it, which change the dynamics of it; but they do not change the core issue. The core issue is that a woman has said she was attacked. And while there is no evidence beyond her word that Kavanaugh was the man who did it, there is evidence that it happened, both in her willingness to come forward with the accusation when there is little evidence that she gains thereby (I say “little evidence” because she might be using this allegation to hurt Kavanaugh and Trump, and her gain might be their loss. But there’s no evidence that Dr. Ford is a fanatic who would throw away her entire life for the sake of sticking it to Trump, just so he could nominate a different Republican Ken doll to the court after tossing out Kavanaugh. Also note that if her intent was political drama, she would have made the very same play that Feinstein made, coming out publicly at the most intense moment, rather than sending a letter to her congresswoman two months ago.), and in the fact that she recounted the attack to her therapist in 2012, long before she could have predicted she’d make an allegation against a Supreme Court nominee. It is not clear that she is telling the truth, because it is not clear that she definitely recalls the truth; that it happened seems likely, but that it was Kavanaugh is in some doubt. She took a polygraph test and passed it, but that isn’t good evidence; the therapist’s notes from 2012 differ from her story in critical ways (The notes say there were four males in the room when she was attacked. Kavanaugh is not named in them.); she can’t recall many details about the overall situation (though she has not had the opportunity to speak about this and answer questions, so we don’t yet know everything she recalls, only what her initial public statements describe); the other people in the room deny her allegations. That Kavanaugh denied it doesn’t show he’s innocent, because of course he has quite a lot to gain from denying it and nothing to gain from admitting guilt; the testimonials of his good character and the fact that there are many women whom he hasn’t attempted to rape do not, of course, mean anything at all.

So what do we do when there is a credible but not airtight accusation of a serious crime? It depends. What would be gained from pursuing the matter? What would the costs be? If this was just two people with an old trauma between them, then there wouldn’t be much for society to gain, and it wouldn’t be worth very much to pursue it; it would of course be worth the world for Dr. Ford to pursue it, and people who could help her would be, I think, honor bound to do so if they could, for her sake. But this is a 35-year-old crime, and if she brought it to a Maryland prosecutor, even if the statute of limitations didn’t exist (And by the way: it shouldn’t. The statute of limitations is that “Boys will be boys” bullshit made into law – “Well, shucks, he hasn’t raped anybody since then, so what’s the big deal?” – and it’s everything wrong with our justice system.), the prosecutor might not pursue it because there are other crimes and other criminals that pose larger threats. I think the story should be published, because there is not a better way to find out if other women might have suffered similarly; and if there is a pattern of behavior, suddenly there is much more reason to pursue charges against the assailant, to protect other innocents from harm.

I recognize that publishing an unproven allegation would ruin a man’s reputation. I face that possibility myself, all the time, because society believes someone like me, a man in his 40’s who spends all day with teenagers, is already probably 40% of the way towards child molestation; a credible public accusation would be more than enough to end my career forever, and prevent me from ever working in anything remotely like this field again. But the truth is that victims are destroyed by sexual assault, and it is the work of a lifetime to rebuild themselves; many can’t ever do it, particularly not if they are victimized more than once. Coming forward in our society with an accusation is even more dangerous than being accused: Brett Kavanaugh might lose his nomination for the Supreme Court; Dr. Ford has received death threats and has had to move out of her home, just in the last week. There isn’t an instance of public accusation that doesn’t go approximately that way: for all the grief that Bill Clinton (And Hillary Clinton, and Al Gore) got because of Clinton’s misconduct, it wasn’t a patch on what Monica Lewinsky went through. Laughing stock of the entire nation, for – well, for life, really, though she has done an admirable job of rebuilding herself since then. If I were accused of sexual misconduct, I’d be ruined; but the one who accused me, because I am a successful and popular teacher and a good guy, would be the target of every single bit of anger and hate that all of my friends and family could bring to bear. It would be bad. If someone were willing to do that to themselves, it would stand as reasonable evidence that the allegation were true. Proof? Of course not. But evidence. And because I recognize that, I work hard to make sure I don’t ever make it easy for someone to bring a false accusation against me, and I work even harder to make sure that no one could make a genuine complaint about my behavior, could accuse me of harassment or discrimination or something similar.

Plus, I’m not a rapist. Which makes it a lot easier to avoid accusations of rape.

I have to say, I got drunk as a teenager, more than once. Really drunk, sometimes. At parties, even. And I never even jokingly pretended to rape anyone. There is a difference between someone who will commit an act this heinous when their inhibitions are lowered, and someone who would never commit the act. That difference matters. And it has nothing to do with age and nothing to do with alcohol. People who say “Boys will be boys” about sexual assault, or who use a phrase like “drunken hijinks,” need to learn that.

So as I said above, what do we do when there is a credible but not an airtight accusation of a serious crime? We investigate. Of course we investigate. We ask questions. We send professionals in to interview everyone involved, and everyone who might know the truth, and we find out everything we can about it. Everyone should want this: Kavanaugh is already at risk from the accusation; if he’s innocent, an investigation is the best chance to prove it. If it were me, I wouldn’t be satisfied with being able to deny it – even if I categorically denied it, as Kavanaugh has – and then move on, I’d want someone who knew what they were doing to ascertain the truth, and make it known as an objective fact. Dr. Ford should want an investigation in order to prove that she’s telling the truth, and to bring herself one step closer to justice and the good rebuilding of herself from her trauma. And indeed, Dr. Ford has asked for, even demanded an investigation. Well, one out of two ain’t bad. The Republicans should want an investigation because it will be far faster than pursuing another nominee if Kavanaugh is innocent, and far better than either confirming an attempted rapist to the Supreme Court if he’s guilty, or abandoning a man just from an accusation, which is neither good nor politically savvy. For those concerned about how a mere accusation can do irreparable harm to a man’s reputation, an investigation would increase the penalty for those who make false accusations, and show that the accusation alone is not the end of the story.

For all the rest of us, an investigation would help ensure that we get a decent person on the Supreme Court (Partisan politics aside, please: a decent person who is a conservative is a decent person; many and many a conservative Justice have made decisions that have been good for the country. And remember that any decision does not have to be the end of the fight, because even the Supreme Court can be overridden by the will of the people. Even if we don’t get Kavanaugh, we are going to get a conservative: because even if the Democrats win in November, they won’t take control until January, and that’s plenty of time for a whole new nominee. So let’s get a decent one). An investigation would help us learn the truth, and help a victim work through a trauma, and those are both good things regardless of other considerations. An investigation would help us remember how seriously we have to look at sexual assault, and if Kavanaugh is guilty, it may help us start thinking seriously about how we can work to prevent similar things from happening, and also how we can’t assume that all sexual assaults happen in the same way, or that all those who commit sexual assault are the same kind of person, or that finding 65 women who think you’re nice shows that you couldn’t possibly have tried to rape a 15-year-old girl, and gagged her when she tried to scream.

Nobody knew about what happened at that party when it happened, because society has stigmatized victims more than attackers, and girls more than boys, for millennia. We have to change that. We should make sure we all know now what happened then. There should be an investigation, a complete investigation by the FBI, intended to help ensure the best outcome for our national interest, as well as do the best we as a society can do for the victim.

Christine Blasey-Ford has been silenced once before. Now she should be allowed to speak.