stare decisis

Emergency: The Assault on Stare Decisis


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You already know about the Supreme Court decision striking down Roe and it’s important to put that decision into context.

Be clear that this decision will result in Daisy, raped at age 13 by her father, having to take that incest-caused pregnancy to term. It means that Maryanne, raped in a laundromat by an unknown thug, will have to carry that baby, too. And 53 year old, diabetic Lucy will have to carry her surprise  pregnancy all the way to the point that it kills her. None of these women or any other woman is in charge of her own body any longer. The Supreme Court has established government mandated pregnancy, putting politicians in control women’s bodies.

Clearly, women no longer have autonomy of themselves or full citizenship.

At least since John Roberts was being vetted by the Senate Judiciary Committee in 2003, he and all subsequent candidates have been questioned about their views regarding Supreme Court precedent. Every candidate has declared their belief in stare decisis – “to stand by things decided” – which directs that settled law should not be re-litigated. And every candidate has given clear enough indication that they believed that Roe is settled law. But it turns out that their most serious declarations of fidelity to settled Supreme Court decisions just weren’t true.

And the Republican controlled Senate has consistently allowed that dishonesty.

Roe was decided in 1973 by a 7-2 vote and was unsuccessfully challenged many times (see this ACLU Timeline). The Court repeatedly upheld Roe. That’s a lot of settled law, a lot of precedent, but that was of no consequence to the liars now on the court. Roe is gone.

Also this week, the Supreme Court overturned a 109 year old law that prohibits carrying guns in public in the State of New York. It’s yet another example of extremist Justices ignoring precedent – violating stare decisis, which they claimed they adhered to – and moving us backward to a far more dangerous time.

Keep monitoring your shock response, as more decisions come down criminalizing all aspects of abortion. That includes criminal penalties for an Uber driver who brings a woman to a clinic; against friends who lend her money for an abortion; and against supportive husbands and boyfriends. Expect criminal penalties heaped upon women who live in states banning abortion and who travel to a state that allows abortion. Bear in mind that Texas has already empowered vigilantes to spy on neighbors – really, on anyone – and report them to the Texas Gestapo to collect bounties and for the state to levy fines and pile on criminal prosecution.

Expect challenges to Griswold, which will result in the outlawing of birth control. Justice Clarence Thomas, he of the “high-tech lynching,” has already invited such challenges. And don’t be the least bit surprised as this extremist Supreme Court attacks same-sex marriage by overturning Obergefell; or bans inter-racial marriage by overturning Loving; or even bans private consensual sexual activities; encourages more gun violence; and incrementally inserts religion into yet more government arenas.

One exception to that: Loving probably won’t be overturned, because Thomas is in an inter-racial marriage. He wouldn’t want to penalize himself. Penalties are for other people, so expect to hear a proud shout out for stare decisis on that one, as that expected primitive attack on freedom is defeated. Just that one shout out to precedent. It’s personal to Clarence.

Bear in mind that roughly 80% of Americans did not want Roe reversed. This Court is all about minority-enabled bullying of the rest of us, so don’t be surprised at the loss of yet more rights.

The true context and diabolical meaning of the overturning of Roe is the elimination of stare decisis, which opens the floodgates to Republican Party extremist and Supreme Court attack on our freedoms, protections and traditions. Credit for that goes to the decades-long efforts of Republicans to return us to the very worst of American Puritanical, “insecure male” tyranny, accompanied by the continuous drone of self-righteous Bible thumping and the strutting of loud, little men.

The Chicago Protest

Rage was in the air. The fury driven by the theft of rights and a very personal betrayal dominated the Federal Plaza in Chicago on Friday, June 24. It was a day that will be remembered for a very long time, with a permanent distrust of the Supreme Court its lasting legacy. The perfidy of the Republican Party, the cheats who crafted this vehicle for betrayal, will be long remembered as well.

Here are pics of some of the signs from that demonstration. The more foul messages have been excluded, but don’t imagine even for a moment that anger didn’t dominate the event. So did the commitment to vote and to support others in abortion ban states.

This isn’t over.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Our governance and electoral corruption and dysfunction and our ongoing mass murders are all of a piece, all the same problem with the same solution:

Fire the bastards!

The days are dwindling for us to take action. Get up! Do something to make things better.

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  3. Errors in fact, grammar, spelling and punctuation are all embarrassingly mine. Glad to have your corrections.
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JA


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Where Political Influence Comes From – and a Destructive Snit


Reading time – 4:19; Viewing time – 6:49  .  .  .

It’s going to take decades to clean up the mess that our terrible infant president is creating. Some things will take much longer and will leave permanent scars. Other Trump damage, like loss of endangered species, will be impossible to fix.

We’re told that the Donald Trump Environmental Protection Agency intends to “sharply curtail rules on methane emissions.” It’s possible that methane isn’t a focal point of your day, so I’ll explain what this newest EPA ruling will mean to you.

Methane is likely the gas that burns in your home furnace and water heater. Burning natural gas instead of other fossil fuels produces less carbon dioxide, so it adds less to global warming, and it’s cheaper to use, too. That’s where the methane happy stuff ends. The rest requires a little story to explain it.

The phenomenally destructive Supreme Court decision in Citizens United v. Federal Election Commission granted Big Money interests – deep pocket individuals and corporations – the power to dominate and control our politics using their cash. That was more than surprising, since the case was only about the Citizens United organization wanting to show their movie trashing Hillary Clinton right before each primary in 2008. It wasn’t about campaign contributions and domination of politics.

The McCain-Feingold Act prohibited such “electioneering” within 30 days of a primary, so Citizens United was enjoined by the district court from showing their 30-minute attack ad that was designed to influence the primary elections. They filed suit and the case wound up before the Supreme Court, which reversed the district and appellate court rulings against Citizens United. That should have been the end of the case, but it wasn’t.

Chief Justice John Roberts ordered the attorneys to return to the Court to re-litigate the case, this time testing the rights of corporations and speech equivalency. In that gross distortion of the original case, the 5-4 conservative majority decided that corporations have all the same rights as flesh and blood human beings, including the right to make campaign contributions and air political advertising.*

Justice John Paul Stevens

As outrageous as that is, if you’re a Constitutional purist, get that, “[In addressing an

issue that was not raised by the litigants], the majority changed the case to give themselves an opportunity to change the law.” That is from the blistering dissent of this decision, written by Justice John Paul Stevens.

Effectively, the Supreme Court legislated from the bench on issues that were not in contest in this case. Citizens United v. FEC had nothing to do with human rights or corporate rights or political contributions, but its adverse effect in those areas will be felt for a very long time.

Dig into the case a little deeper and you’ll have a new and dark understanding of Chief Justice John Roberts. Be sure to pay attention to his Senate confirmation hearings, where he did the now familiar confirmation dance, spewing volumes of words while not answering questions. More specifically, though, he invoked stare decisis, the principle of not upsetting prior court decisions and making current decisions based upon precedent. Roberts had a solid belief in that, he told us.

Turns out that stare decisis actually wasn’t a real important thing to John Roberts and that allowed him to legislate from the bench. That bench-created new law gave us things like the NRA being such a powerful campaign contributor to legislators that our elected officials refuse to create the gun safety legislation that 90% of Americans want them to create. Sadly, we have a government of, by and for Big Money, not you and me.

Here’s how that connects to the EPA lifting methane emission regulations.

Point #1: Over the course of 20 years methane released into the atmosphere has 86 times more powerful global warming effect than does carbon dioxide. The EPA has taken down its web page detailing this.

Point #2: Natural gas comes largely from fracking wells and as many as 50% of them leak methane into the atmosphere. The page for that has been taken down from the EPA site, too.

Point #3: The Obama administration generated regulations to cause the actors in the methane extraction business to take action to reduce methane emissions.

Point #4: Trump’s EPA is in the process of trashing those Obama era regulations and allowing essentially uninhibited methane leakage.

Some major oil companies have stated that they are opposed to the change the EPA is proposing. Do your own math on why they’d do that, especially since their own industry association and lobbying arm, the American Petroleum Institute, has come out in favor of EPA’s proposal to eliminate methane emission regulations.

There’s a really good chance that you are not in favor of the EPA’s proposal that will dramatically increase the rate of global warming. The problem for you is that our legislators don’t really care what you think about that, any more than they care about the 90% likelihood that you want strict gun safety regulations.

Just like healthcare, immigration reform, voting rights, education and so many other issues, you’re not getting what you want and it can all be traced back to Citizens United.

That’s now compounded by Trump’s ongoing snit over being dissed by President Obama at the White House Correspondents Dinner in 2011. Since that time Trump has been doing everything he can to negate everything Obama accomplished, including DACA, regardless of the harm he does to you and all of us, our allies and our planet.

Such is the behavior of this terrible infant president. We are paying the price for his temper tantrum and, as I said earlier, it will take decades to clean up his mess.

Quote of the Week

Trump is a man who has been progressively hollowed out by the acid of his own self-regard. David Brooks

Opinion Piece of the Week

The Frauding of America’s Farmers, Paul Krugman

*Justice Anthony Kennedy, writing for the majority, wrote,

“The First Amendment does not allow prohibitions of speech based on the identity of the speaker  .  .  .  even if the speaker is a corporation.”

It is beyond any possibility that the Founders intended the Bill of Rights to have any connection whatsoever to non-human entities, like corporations. The purpose of the Bill of Rights was to protect the rights of people. Humans. Read the amendments and it will be clear to you.

So much for Justice Antonin Scalia and Clarence Thomas being “originalists.” They claimed to interpret the Constitution as the Founders originally intended. so they liked to call themselves originalists. Clearly they were/are not.

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  2. Engage in the Comments section below to help us all to be better informed.

Thanks!

NOTES:

    1. Writings quoted or linked to my posts reflect a point I want to make, at least in part. That does not mean that I endorse or agree with everything in such writings, so don’t bug me about it.
    2. Errors in fact, grammar, spelling or punctuation are all embarrassingly mine. Glad to have your corrections.
    3. Responsibility for the content of these posts is unequivocally, totally, unavoidably mine.

Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

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