Thursday, June 27, 2019

Supreme partisanship and how to give it a bloody nose

Thanks to the Republican majority on the U.S. Supreme Court, you now can
kiss Democracy an eternal goodbye. Unless...
No sooner was I feeling pleased by the first round of Democratic Presidential Musical Chairs on Wednesday night than the U.S. Supreme Court slammed the brakes on my euphoria. 

In a 5-4 decision, the usual Republican suspects on the court decided that hey, even if a Congressional district is so bizarrely twisted and contorted that it could hide behind a corkscrew, judges are not allowed to second guess the judgements of the law makers. At least, not when the winners are Republicans.

No legal standards discernible?
Not if you keep your eyes shut.

“There are no legal standards discernible in the Constitution for making such judgments,” writes Supreme Court Chief Justice Roberts, who seems to have forgotten the legal principle that "all men [and thus, by inference, their votes] are created equal." And presumably, ditto women and their votes these days.

Fortunately there are clearly discernible legal standards saying Supreme Court justices may be impeached and removed. Perhaps it’s high time the Democrats considered how to go about dumping these bums. (Only one Justice, Samuel Chase, was ever impeached, but it’s a precedent.)

I would start with the weakest target, Justice Thomas. His infamously scurrilous behavior relating to pubic hair on a Coke can, during Senate Judiciary Committee hearings, calls for some review in light of current standards. 

It’s my understanding that the Senate never heard from other witnesses who were waiting to testify about sexual harassment by Thomas. Further, there seems to be a good case for impeaching and removing Thomas for both sexual harassment and perjury. Go for it, House Judiciary Committee!

Next there’s Samuel Alito who, during his senate confirmation, uttered a pious paean to stare decicis. Watch this one with your hands clasped in the prayerful position, and try to imagine a little gold halo shining over Alito's head as he lies through his teeth.

Then, as soon as he was seated on the court, he ignored or overrode enough prior decisions to make it clear that he perjured himself licentiously during the Senate confirmation hearings. Put him on trial in the House and Senate for perjury. And then, when he is removed, put him on trial for the same crime in the criminal courts.

Neil Gorsuch? It's time to make the case  that because President Obama’s nomination for that Supreme Court chair was improperly withheld by Senate Majority Leader Mitch McConnell, Gorsuch's subsequent nomination and confirmation was the fruit of a poisoned tree, and hence illegitimate. That one’s a long shot, but it’s time to start stirring the pot and seeing how the Long Shot Soup turns out.

Democrats, you too can
start your gerrymander engines

Meanwhile, in every majority Democratic city, county, and state around the country, Democrats need to start gerrymandering the living crap out of election districts, to make sure Republican votes in their jurisdictions count for as little as Republicans have been making sure that Democratic votes will count.

One person, one vote rule is essentially dead in this nation thanks to the Supreme Court majority in action. These days, it’s every bully, crook and pit viper for him or herself. So New York, California, Massachusetts and other Democratic states, gerrymander those Republicans until they bleat.

And if the Republicans don’t like it, let them run to the Supreme Court and try to find some justice.

If there is any justice any more.


Ivory Bill Woodpecker said...

Hammer. Nail. BANG.

The Democrats must stop bringing the Marquis of Queensbury's rulebook to a gang rumble.

Ed said...

It's a shame that some people think that a document that was written in the 1700s applies to anyone in the 2000s.

Deanter said...

"Fortunately there are clearly discernible legal standards saying Supreme Court justices may be impeached and removed."

Unfortunately those standards, like impeaching the president, take a 2/3 majority in the Senate. What are the odds they could get that many Republicans to agree to removing Republican supreme court judges?

The New York Crank said...

Right now, Deanter, the odds are zero. But it's important to start people talking about impeaching some of the Supremes, and get a groundswell growing. Sooner or later the composition of the Senate will change. Moreover, even wide spread talk of impeachment may help to moderate some of the right wing judges.

Yours crankily,
The New York Crank

Unknown said...

The last 2 years us nothing but poison fruit
The tree of the GOP needs to be removed, root and branch.

CD said...

My solution is based on making repubes feel the squeeze financially, about the only thing that they will ever respond to.

States like California have independent redistricting panels to draw districts. California could pass legislation imposing fees on businesses based in/manufacturing in states that do not pass a "representativeness" screen, basically use the formulas presented in the gerrymandering cases as tests for a state's level of representativeness, if the state has unrepresentative legislative districts, like North Carolina, any business based in North Carolina is subjected to a fee, if the business does not like to pay that fee their choices include:
move to a state that is representative of its voting population

encourage greater representativeness in their home state

suck it up buttercup, that's what you get from being from where you are and supporting who you support (I don't have to be fair to those I do not like

Unconstitutional? fight in court to SCOTUS, if you lose, tweek and repeat

California could call it business incentive to move to their state, it's job creation, face it blue states have consumer power that red states do not, use it to your advantage