It is passionately argued that our very democracy is at risk if Trump finagles replacing Ginsberg on the Court; "Next President Must Fill Ginsburg Seat - If our democracy is going to survive, Trump must not be allowed to pick her successor to the U.S. Supreme Court, unless he wins the next election."
by Bill Lueders - September 21, 2020
Survivalist Alarmism? The item states early:
Now McConnell and the Republicans are saying that the forty-six days between Ginsburg’s death and the November 3 election is not too short a time to move forward with a new pick. They want to be able to fill Ginsburg’s seat with her ideological opposite no matter who wins the presidential contest in November.
In 2016, Senator Lindsey Graham, Republican of South Carolina, told the Senate Judiciary Committee: “I want you to use my words against me. If there’s a Republican President in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said, ‘Let’s let the next President, whoever it might be, make that nomination.’ ”
Graham, who went on to become the committee’s chair, now says he will support Trump “in any effort to move forward regarding the recent vacancy created by the passing of Justice Ginsburg.”
The hypocrisy is beyond sickening. It is dangerous.
Yeah, and we all know what will happen. They've got the votes. This 2020 Progressive item is NOT the point.
All Crabgrass readers should read Zinn's item from Oct. 2005, "Don’t Despair about the Supreme Court - It would be naive to depend on the Supreme Court to defend the rights of poor people, women, people of color, dissenters of all kinds."
It is realism more than rhetoric; in cliche wording, telling it like it is.
Something for which many in our nation hate Zinn.
He wrote:
John Roberts sailed through his confirmation hearings as the new Chief Justice of the Supreme Court, with enthusiastic Republican support, and a few weak mutterings of opposition by the Democrats. Then, after the far right deemed Harriet Miers insufficiently doctrinaire, Bush nominated arch conservative Samuel Alito to replace Sandra Day O'Connor. This has caused a certain consternation among people we affectionately term "the left."
I can understand that sinking feeling. Even listening to pieces of Roberts's confirmation hearings was enough to induce despair: the joking with the candidate, the obvious signs that, whether Democrats or Republicans, these are all members of the same exclusive club. Roberts's proper "credentials," his "nice guy" demeanor, his insistence to the Judiciary Committee that he is not an "ideologue" (can you imagine anyone, even Robert Bork or Dick Cheney, admitting that he is an "ideologue"?) were clearly more important than his views on equality, justice, the rights of defendants, the war powers of the President.
At one point in the hearings, The New York Times reported, Roberts "summed up his philosophy." He had been asked, "Are you going to be on the side of the little guy?" (Would any candidate admit that he was on the side of "the big guy"? Presumably serious "hearings" bring out idiot questions.)
Roberts replied: "If the Constitution says that the little guy should win, the little guy's going to win in court before me. But if the Constitution says that the big guy should win, well, then the big guy's going to win, because my obligation is to the Constitution."
If the Constitution is the holy test, then a justice should abide by its provision in Article VI that not only the Constitution itself but "all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme Law of the Land." This includes the Geneva Convention of 1949, which the United States signed, and which insists that prisoners of war must be granted the rights of due process.
A district court judge in 2004 ruled that the detainees held in Guantanamo for years without trial were protected by the Geneva Convention and deserved due process. Roberts and two colleagues on the Court of Appeals overruled this.
There is enormous hypocrisy surrounding the pious veneration of the Constitution and "the rule of law." The Constitution, like the Bible, is infinitely flexible and is used to serve the political needs of the moment. When the country was in economic crisis and turmoil in the Thirties and capitalism needed to be saved from the anger of the poor and hungry and unemployed, the Supreme Court was willing to stretch to infinity the constitutional right of Congress to regulate interstate commerce. It decided that the national government, desperate to regulate farm production, could tell a family farmer what to grow on his tiny piece of land.
When the Constitution gets in the way of a war, it is ignored. When the Supreme Court was faced, during Vietnam, with a suit by soldiers refusing to go, claiming that there had been no declaration of war by Congress, as the Constitution required, the soldiers could not get four Supreme Court justices to agree to even hear the case. When, during World War I, Congress ignored the First Amendment's right to free speech by passing legislation to prohibit criticism of the war, the imprisonment of dissenters under this law was upheld unanimously by the Supreme Court, which included two presumably liberal and learned justices: Oliver Wendell Holmes and Louis Brandeis.
It would be naive to depend on the Supreme Court to defend the rights of poor people, women, people of color, dissenters of all kinds. Those rights only come alive when citizens organize, protest, demonstrate, strike, boycott, rebel, and violate the law in order to uphold justice.
Can you say "Black Lives Matter?"
Zinn continues:
The distinction between law and justice is ignored by all those Senators--Democrats and Republicans--who solemnly invoke as their highest concern "the rule of law." The law can be just; it can be unjust. It does not deserve to inherit the ultimate authority of the divine right of the king.
The Constitution gave no rights to working people: no right to work less than twelve hours a day, no right to a living wage, no right to safe working conditions. Workers had to organize, go on strike, defy the law, the courts, the police, create a great movement which won the eight-hour day, and caused such commotion that Congress was forced to pass a minimum wage law, and Social Security, and unemployment insurance.
The Brown decision on school desegregation did not come from a sudden realization of the Supreme Court that this is what the Fourteenth Amendment called for. After all, it was the same Fourteenth Amendment that had been cited in the Plessy case upholding racial segregation. It was the initiative of brave families in the South--along with the fear by the government, obsessed with the Cold War, that it was losing the hearts and minds of colored people all over the world--that brought a sudden enlightenment to the Court.
The Supreme Court in 1883 had interpreted the Fourteenth Amendment so that nongovernmental institutions hotels, restaurants, etc.-could bar black people. But after the sit-ins and arrests of thousands of black people in the South in the early Sixties, the right to public accommodations was quietly given constitutional sanction in 1964 by the Court. It now interpreted the interstate commerce clause, whose wording had not changed since 1787, to mean that places of public accommodation could be regulated by Congressional action and be prohibited from discriminating.
Soon this would include barbershops, and I suggest it takes an ingenious interpretation to include barbershops in interstate commerce.
The right of a woman to an abortion did not depend on the Supreme Court decision in Roe v. Wade. It was won before that decision, all over the country, by grassroots agitation that forced states to recognize the right. If the American people, who by a great majority favor that right, insist on it, act on it, no Supreme Court decision can take it away.
The rights of working people, of women, of black people have not depended on decisions of the courts. Like the other branches of the political system, the courts have recognized these rights only after citizens have engaged in direct action powerful enough to win these rights for themselves.
This is not to say that we should ignore the courts or the electoral campaigns. It can be useful to get one person rather than another on the Supreme Court, or in the Presidency, or in Congress. The courts, win or lose, can be used to dramatize issues.
Zinn wrote more and it all is worth reading, so, again the link.
Indeed, Roe v. Wade can be said to stand for black-letter delineation of when abortion providers can and cannot act as they might choose; i.e., it basically was a roadmap for doctors, not a landmark for knocked up women wanting relief. That right was won by organizing and fighting against dark, evil, headstrong forces.
Abortion haters know that if they can pressure the doctors, availability will contract so that only the wealthy can arrange to terminate an unwanted pregnancy.
That has been their strategy all along; including some doctors getting killed by crazy idealogues. Zinn concluded his essay:
Let us not be disconsolate over the increasing control of the court system by the right wing.
The courts have never been on the side of justice, only moving a few degrees one way or the other, unless pushed by the people. Those words engraved in the marble of the Supreme Court, "Equal Justice Before the Law," have always been a sham.
No Supreme Court, liberal or conservative, will stop the war in Iraq, or redistribute the wealth of this country, or establish free medical care for every human being. Such fundamental change will depend, the experience of the past suggests, on the actions of an aroused citizenry, demanding that the promise of the Declaration of Independence--an equal right to life, liberty, and the pursuit of happiness--be fulfilled.
All the multitude of pages of sophistry the Barrett woman's written as referenced in an earlier post (as if she was being paid by the word) is not worth reading and taking to heart nearly to the same degree of the single [and nicely terse] Zinn item.
And that's the truth about Ginsberg dying less than two months before election day.