“As nightfall does not come at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air – however slight – lest we become unwitting victims of the darkness.”
My complements on the polemics. A saber in one hand and a foil in the other. This was fun to read.
One might think that these radicals would be a bit circumspect in taking a “lazy, clumsy, and malicious” approach to legal analysis, especially relying on history as the touchstone. Historians are constantly going at each other with different facts uncovered and analyses contrived to reach contradicting interpretations. Maybe they really are sort of stupid and unschooled (and never read A.J.P. Taylor’s “The Origins of the Second World War”). On the other hand, maybe they intend to ensure that the democratic process will never again be able to create the prospect of Supreme Court nominees who are not radical “conservatives.” I’m pretty sure that the GQP intends to create litigation around the 2024 election that will make its way to SCOTUS, which will by a vote of 6-3 find for whomever the Republican candidate is. And that will be the end.
This Supreme Court (minus 3 and we know who they are) are not only an insult to our intelligence but a clear and present danger to our freedom and democracy. Put in to the court by the oligarchs dark money, they will take away our rights that don’t fit in with their radical religious dogma to keep the people obedient. This is fascism creeping in and we have to stop it
Tom, I love you for your attention to history, to detail, and for your letting it all hang out in your inimitable style and choice of words, e.g., Alito as a “grinning skull piece of shit.” Thanks for never holding back.
Thank you for this deeply researched analysis. You have become a gattling gun of insights into the fascist movement that has exploded out of the right wing.
As for the Democrats' platform for the upcoming elections; you have stated what should be the obvious, but I'm not holding my breath waiting to see it happen.
For the record, I didn't "like" what you had to say. I agreed - with pain in every bone of my body.
There should be a variety of buttons:
agree
totally agree
somewhat agree
disagree
It could be a drop down menu of options.
But to the essence of your well detailed letter:
The diabolic nature of the "Gilead Court" is still not part of the public consciousness. But it must be. Oh, so much work to do. I fear that it will take a lot more pain before average Americans wake up from their iPhone comas. These are not "right wing" decisions. They are deranged and decidedly flimsy in logic. They fly in the face of common sense and the common good. Your "wild west" analogy was perfect. And the inconsistencies of their application of history would make a law school class laugh.
Speaking of inconsistency. Where are the "libertarians"? Doesn't much of what the court is saying feel like "Big Brother" interfering in private lives and local governments?
Just as TFG & Co. had a coup looking for a legal excuse, this court of throwback hacks is making decisions one would expect from the John Birch Society and throwing excuses at the wall like spaghetti. It doesn't stick very well, but these bad chefs are still cooking. The worst is yet to come.
My hope is in the next generation getting pissed off enough to rise up and act. We boomers got too comfy - although we are beginning to wake up. Gen X - we spoiled them and the surveys seem to suggest half of them became even more selfish and materialistic than us (hard to imagine, I know).
Polls suggest Y is somewhat back on track. Let's hope Z runs with the right pack.
In alerting readers to the decision-making processes of the Justices on the current Supreme Court, TC, calls upon William O. Douglas, Former Associate Justice of the Supreme Court, who summons us to truly see before we become victims trapped in darkness.
CHERRYPICKING HISTORY is the most significant piece that I have read since subscribing to TAFM. It lays out a blueprint from which to analyze four recent Court decisions on guns, education, prayer, and a right to privacy. Through this process, we do come to understand where the deeply conservative, right-wing, and religiously motivated majority on the Court seeks to take the USA.
TC uses a method of point-counterpoint to indicate how the justices cherry-pick to reach the conclusion, which reflects their political biases:
‘The Courts says…’ ; ‘The Court says…’, ‘The Courts says…” and then in each case did what was in the Justices’ interest, not necessarily reflecting the needs of the American people. If you didn’t notice, when you reread CHERRYPICKING HISTORY, I think that you’ll see it right away.
CHERRYPICKING HISTORY or The CHERRYPICKING COURT provides a model from which the Democrats can easily message the shift that has been happening in our country as it makes clear what is at stake for us all. ‘They need to tell voters (before and during the midterm elections): If you let us keep the House and deliver us two more Senate seats, we will end the filibuster, pass a bill nationally codifying abortion rights, and undertake far-reaching Supreme Court reform.’ (TC)
This piece also aroused my concern about Joe Biden being the Democrats’ candidate for the presidency in 2024. Mitch McConnell has been one of the architects of Republic Rule of SCOTUS and the courts, while Joe Biden has been a stoolpigeon. Remember Biden presided over the hearings, which ‘…. devolved into a shocking showdown in which (Clarence) Thomas and his defenders did all they could to degrade Hill’s character and destroy her credibility, accusing her, with no real evidence, of being a liar, a fantasist, and an erotomaniac.’ (NewYoker). Remember also that Biden was VP when McConnell sabotaged Merrick Garland’s nomination for Associate Justice of the Supreme Court. Biden has played footsies with McConnell since he became president, He is against expanding the Supreme Court. That is enough for me to question Biden as the leader we need in what may be our country’s most difficult battle
As nightfall does not come at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air – however slight – lest we become unwitting victims of the darkness.”
Great post, superb analysis, and real call to all battle stations, TC. Your history of how we got the decision against Roe is also masterful---and shows that the Dems have been "dim" and asleep for too long. Can a rescue operation succeed. History will tell. Messaging has got to get quantum leaps better and the Dems need to find a good preacher (or if you like great orator---MLK was both) to deliver the message and convert (yes, convert as in religious beliefs--more on that later---because that is what the conservative Right has become: a new religion, yes a NEW religion.) End of the rant that just surfaced. Thanks for what you are doing!!! (PS I joined to be able to thank you for the profiles you posted about the Midway campaign. Heroes--true heroes. So now the thank you) Peace and Courage to you and to all.
The maximum penalty for perjury is 5 years imprisonment (and/or a fine).
If the Democrats in your House of Representatives won't use their majority to vote for impeachment trials (which would no-doubt be acquitted by the Senate, like Chase in 1804) because they fear failure & fillibuster too much to even try, is there anything you The People can do to draw the DoJ's attention to obvious and blatant contraventions of Title 18 of U.S. Code sections 1621 and 1001?
Senate Committee Impeachment Hearings might not be a complete waste of time, we have seen how good a source of material for the DoJ these may be.
I'm a day late, having been literally riveted by the hearing yesterday and the subsequent discussions about it.
This is a wonderful analysis, TC. You finished with:
"The core conservative belief about the culture war is that there is a Real America that is conservative, and a usurper America that is liberal. This, not historical research, not legal analysis, is the prime means of constitutional interpretation for the current majority. While the justices will both pretend and insist otherwise, the public need not flatter their imperious delusions.
They should take the right-wing justices’ vow that other constitutional rights are safe for precisely what it is worth.
Which is to say, absolutely nothing."
Aside from just calling this Stench Bench what is really is, a Kangaroo Court, I submit that all those warped and twisted and patently ridiculous "arguments" by the six sound to me like first attempts at debate by a bunch of high schoolers. - awkward, full of holes, nonsensical and contradictory from top to bottom. I'd give them all an "F" if I was grading them on their knowledge and skills. But when you have a robe paid for by taxpayers and all your parties and family vacations are paid for by dark money, I guess sitting on that bench means you really don't have to engage whatever brain cells you might have. Thus, it appears to me.
My complements on the polemics. A saber in one hand and a foil in the other. This was fun to read.
One might think that these radicals would be a bit circumspect in taking a “lazy, clumsy, and malicious” approach to legal analysis, especially relying on history as the touchstone. Historians are constantly going at each other with different facts uncovered and analyses contrived to reach contradicting interpretations. Maybe they really are sort of stupid and unschooled (and never read A.J.P. Taylor’s “The Origins of the Second World War”). On the other hand, maybe they intend to ensure that the democratic process will never again be able to create the prospect of Supreme Court nominees who are not radical “conservatives.” I’m pretty sure that the GQP intends to create litigation around the 2024 election that will make its way to SCOTUS, which will by a vote of 6-3 find for whomever the Republican candidate is. And that will be the end.
This Supreme Court (minus 3 and we know who they are) are not only an insult to our intelligence but a clear and present danger to our freedom and democracy. Put in to the court by the oligarchs dark money, they will take away our rights that don’t fit in with their radical religious dogma to keep the people obedient. This is fascism creeping in and we have to stop it
Tom, I love you for your attention to history, to detail, and for your letting it all hang out in your inimitable style and choice of words, e.g., Alito as a “grinning skull piece of shit.” Thanks for never holding back.
Thank you for this deeply researched analysis. You have become a gattling gun of insights into the fascist movement that has exploded out of the right wing.
As for the Democrats' platform for the upcoming elections; you have stated what should be the obvious, but I'm not holding my breath waiting to see it happen.
I am sharing your title with my groups and in our campaign literature. And in speaking points. Brilliant essay by an authentic historian.
We are taking TC to the masses and introducing the new virus infesting the Republican psyche….CherryPicking History.
Salud TC!
TC,
For the record, I didn't "like" what you had to say. I agreed - with pain in every bone of my body.
There should be a variety of buttons:
agree
totally agree
somewhat agree
disagree
It could be a drop down menu of options.
But to the essence of your well detailed letter:
The diabolic nature of the "Gilead Court" is still not part of the public consciousness. But it must be. Oh, so much work to do. I fear that it will take a lot more pain before average Americans wake up from their iPhone comas. These are not "right wing" decisions. They are deranged and decidedly flimsy in logic. They fly in the face of common sense and the common good. Your "wild west" analogy was perfect. And the inconsistencies of their application of history would make a law school class laugh.
Speaking of inconsistency. Where are the "libertarians"? Doesn't much of what the court is saying feel like "Big Brother" interfering in private lives and local governments?
Just as TFG & Co. had a coup looking for a legal excuse, this court of throwback hacks is making decisions one would expect from the John Birch Society and throwing excuses at the wall like spaghetti. It doesn't stick very well, but these bad chefs are still cooking. The worst is yet to come.
My hope is in the next generation getting pissed off enough to rise up and act. We boomers got too comfy - although we are beginning to wake up. Gen X - we spoiled them and the surveys seem to suggest half of them became even more selfish and materialistic than us (hard to imagine, I know).
Polls suggest Y is somewhat back on track. Let's hope Z runs with the right pack.
In alerting readers to the decision-making processes of the Justices on the current Supreme Court, TC, calls upon William O. Douglas, Former Associate Justice of the Supreme Court, who summons us to truly see before we become victims trapped in darkness.
CHERRYPICKING HISTORY is the most significant piece that I have read since subscribing to TAFM. It lays out a blueprint from which to analyze four recent Court decisions on guns, education, prayer, and a right to privacy. Through this process, we do come to understand where the deeply conservative, right-wing, and religiously motivated majority on the Court seeks to take the USA.
TC uses a method of point-counterpoint to indicate how the justices cherry-pick to reach the conclusion, which reflects their political biases:
‘The Courts says…’ ; ‘The Court says…’, ‘The Courts says…” and then in each case did what was in the Justices’ interest, not necessarily reflecting the needs of the American people. If you didn’t notice, when you reread CHERRYPICKING HISTORY, I think that you’ll see it right away.
CHERRYPICKING HISTORY or The CHERRYPICKING COURT provides a model from which the Democrats can easily message the shift that has been happening in our country as it makes clear what is at stake for us all. ‘They need to tell voters (before and during the midterm elections): If you let us keep the House and deliver us two more Senate seats, we will end the filibuster, pass a bill nationally codifying abortion rights, and undertake far-reaching Supreme Court reform.’ (TC)
This piece also aroused my concern about Joe Biden being the Democrats’ candidate for the presidency in 2024. Mitch McConnell has been one of the architects of Republic Rule of SCOTUS and the courts, while Joe Biden has been a stoolpigeon. Remember Biden presided over the hearings, which ‘…. devolved into a shocking showdown in which (Clarence) Thomas and his defenders did all they could to degrade Hill’s character and destroy her credibility, accusing her, with no real evidence, of being a liar, a fantasist, and an erotomaniac.’ (NewYoker). Remember also that Biden was VP when McConnell sabotaged Merrick Garland’s nomination for Associate Justice of the Supreme Court. Biden has played footsies with McConnell since he became president, He is against expanding the Supreme Court. That is enough for me to question Biden as the leader we need in what may be our country’s most difficult battle
As nightfall does not come at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air – however slight – lest we become unwitting victims of the darkness.”
— William O. Douglas
"How can anyone believe that same-sex or interracial marriage are safe within that framework?"
Nothing is safe when hypocritical pieces of human shaped feces are involved.
Great post, superb analysis, and real call to all battle stations, TC. Your history of how we got the decision against Roe is also masterful---and shows that the Dems have been "dim" and asleep for too long. Can a rescue operation succeed. History will tell. Messaging has got to get quantum leaps better and the Dems need to find a good preacher (or if you like great orator---MLK was both) to deliver the message and convert (yes, convert as in religious beliefs--more on that later---because that is what the conservative Right has become: a new religion, yes a NEW religion.) End of the rant that just surfaced. Thanks for what you are doing!!! (PS I joined to be able to thank you for the profiles you posted about the Midway campaign. Heroes--true heroes. So now the thank you) Peace and Courage to you and to all.
The maximum penalty for perjury is 5 years imprisonment (and/or a fine).
If the Democrats in your House of Representatives won't use their majority to vote for impeachment trials (which would no-doubt be acquitted by the Senate, like Chase in 1804) because they fear failure & fillibuster too much to even try, is there anything you The People can do to draw the DoJ's attention to obvious and blatant contraventions of Title 18 of U.S. Code sections 1621 and 1001?
Senate Committee Impeachment Hearings might not be a complete waste of time, we have seen how good a source of material for the DoJ these may be.
Bravo TC! Exceptionally well done!
I'm a day late, having been literally riveted by the hearing yesterday and the subsequent discussions about it.
This is a wonderful analysis, TC. You finished with:
"The core conservative belief about the culture war is that there is a Real America that is conservative, and a usurper America that is liberal. This, not historical research, not legal analysis, is the prime means of constitutional interpretation for the current majority. While the justices will both pretend and insist otherwise, the public need not flatter their imperious delusions.
They should take the right-wing justices’ vow that other constitutional rights are safe for precisely what it is worth.
Which is to say, absolutely nothing."
Aside from just calling this Stench Bench what is really is, a Kangaroo Court, I submit that all those warped and twisted and patently ridiculous "arguments" by the six sound to me like first attempts at debate by a bunch of high schoolers. - awkward, full of holes, nonsensical and contradictory from top to bottom. I'd give them all an "F" if I was grading them on their knowledge and skills. But when you have a robe paid for by taxpayers and all your parties and family vacations are paid for by dark money, I guess sitting on that bench means you really don't have to engage whatever brain cells you might have. Thus, it appears to me.
Brilliant analysis. Thank You.
I liked it better when (In)Justice Thomas was seen but not heard.
Brilliant. Frightening