Democracy Dies Today

(Update Friday Sept. 28, 3PM EDT)

It seems inevitable that Democracy will die today.

As utterly compromised and as purely political a justice as has ever been nominated will be placed in a lifetime seat on the Supreme Court this afternoon. This Justice’s questionable qualifications to serve were evident from day one regardless of his behavior outside of politics at any point in his life. That this has become about what a young Brett Kavanaugh may or may not have done to Dr. Ford or other women speaks to how utterly opaque and obfuscated the investigation into his nomination has been.

Tens of thousands of documents about Judge Kavanaugh’s time with the Bush administration have been sequestered from public view in the name of “executive privilege” by a (potentially) criminal president who stands to benefit from a man who is on record as saying he does not believe a sitting president can be investigated, let alone prosecuted – even as he during his time with Kenneth Starr pursued precisely that.

That the call for a halt to his confirmation by an organization as respected as Amnesty International for Kavanaugh’s involvement with potential war crimes when defining the Bush administration’s torture policy has gone completely unaddressed speaks to the utter political nature of this appointment.

That white men of power found the need to shout out their contempt for any attempt to thwart the seating of a privileged boy from Georgetown Prep, just a year after the Senate had already done just that with no opposition, speaks to their contempt for the process laid out by our framers in a document that they carry in their pockets but ignore at will.

Brett Kavanaugh is a justice who will subvert the Constitution in the name of Republican politics for decades to come, and once the vote this afternoon is held there will be no recourse shy of impeaching him while on the bench to change that – something that is sure to spark the ugliest and potentially bloodiest and politically divisive battle this nation has seen in over a century.

I mourn that this is our country. I mourn that during a lifetime where I have seen such strides made in the advancement of the rights for women, racial minorities, and people of all sexual identity, I will watch as all of these advances will be rendered void with a single vote. For when Justice Kavanaugh dons a black robe it will be a robe that protects the prejudice and hatred of the alt-christian religious right and white nationalism. It will be a robe that protects a criminal president. It will be a robe that forever makes partisan the one branch of government that the founders sought to keep utterly apolitical.

Today the party that spent 8 years screaming that a president without blemish of scandal or investigation was on the brink of bringing Sharia Law to the United States has just taken the first step in doing just that. Taking a wild and perverse reading of Old Testament Law coupled with the writings of Apostles taken utterly out of context – leaving out the words of Jesus entirely – the legalized religious hatred they have long attempted to instantiate throughout middle-american red states will now be allowed to stand. All because a party without soul purchased the souls of Bible-carrying and cross-wearing Americans hell bent on changing a single Supreme Court ruling.

Democracy dies today. The Great American Experiment is over. It has been washed down the drain with the bath water of overturning Roe.

Tomorrow we build the pyre from which a Phoenix will one day rise on the next America. What we cannot know is how far off that is, and how many will perish in this travesty’s wake.

Jesus wept.

***

So it seems that the Senate has granted democracy a stay of execution. I will not call the actions of Jeff Flake heroic, in fact at the moment I find him very much akin to Pontius Pilate. But I’m thankful it will live to see October.

The Hill Worth Dying On

Mitch McConnell is a hero.

Not to me, of course, and certainly not to the democratic people of America. But to those who would subvert the constitution at any cost, to those for whom wealth and prosperity comes before responsibility to their fellow human, and particularly to those who would impose their religious prejudices and their ideas of morality on a nation long ruled by the separation of church and state, Mitch McConnell is a sort of Moses. Someone who, unlike all those who struggled before him, has managed to lead the anti-abortion, post-Citizens United obscenity that is the alt-christian, alt-right, white nationalist Republican party to the promised land. A land where no election can take away what they have long wanted – the right to end abortion and the freedom to hate at will.

(Before moving on let me take a moment to explain what I mean by “alt-christian”. A Christian is a follower of Christ. You know, the God-Man who gave the Sermon on the Mount and talked about loving your neighbor and not casting the first stone? Yeah that guy! An alt-christian believes that this is who they’re following, and they love to carry around the leather-bound book with His words written clearly in red for all to understand. But if you try to find that Jesus in their own words, thoughts, and deeds, it’s really, really hard. And worse yet when you ask them to find Him in the policies and actions of the politicians they support they generally shout something about Hillary being worse and unfriend you. OK, now you’ve got it.)

You see most Americans have a very warped sense of where the power lies in our government. For most they believe that the President is the most powerful position that can be held in this nation – just ask the current holder of the title. In many ways it is, but without the will and consent of our elected representatives their will has words and no teeth. You’ll remember, our last President spent 6 years fighting tooth and nail to effect any legislative change against a Congress run by an opposing party publicly committed to giving him “no victories”.  But even unencumbered presidential power is wielded with the knowledge that you’ve only got 4 years before America can remove you. So as is evidenced by the last 6 years of the Obama administration, it would be easy to say that Congress is capable of wielding far more power in its feckless inaction than the man elected to run the nation, and you wouldn’t be wrong.

And this brings us back to Mitch. During the 6 years he, along with a couple worthless humans named Boehner and Ryan, controlled Congress he successfully blocked President Obama at every opportunity. If I were to ask you what the most significant or egregious of these incidents was I believe most of you would point to Merrick Garland, the man appointed by President Obama to fill the seat on the Supreme Court made vacant by the death of Anton Scalia. Garland is a well-qualified and far from radical adjudicator – someone without controversy or questionable voting record. Yet the Senate majority leader refused to even sit down and have a conversation with him, let alone to allow him to be voted on by the Senate as is demanded in the Constitution. Instead he let a seat on the highest court of the land sit open for over a year citing that it was somehow justifiable to deny President Obama his Constitutional right to make that appointment. Instead Mitch held the position hostage for the next president to fill – because the people somehow now “deserve a voice” after half a decade of shutting out the man they’d elected to be one.

But this was nothing new. From the beginning of his presidency Barack Obama faced repeated blockades in the Senate as he attempted to fill vacancies in the Federal courts. Truth be told the old man from Kentucky blocked more Obama nominees to the bench than had been cumulatively blocked in the 40 years before the Obama Presidency. Think about that! Republicans stopped more of nominees from even getting a vote in the Senate during Obama’s presidency than every Congress combined had since Nixon won election in ’68. Sure, the Senate confirmed some – just enough to keep the media mum on the issue. But in the end McConnell subverted both long standing Senate ethics and the Constitution to create the ultimate gift to his alt-christian patrons, a guaranteed shot at an ultra-conservative judge on the Supreme Court, and a vacuum to be filled in every court below it.

Let’s face it, the GOP nominated one of the most morally and ethically indefensible human beings imaginable, one that would leave any true evangelical screaming, “Get behind me, Satan!” But the promise of a guaranteed vote against the reproductive rights of women was more than enough for 86% of the Bible carrying, cross wearing pew-taters in this alt-christian nation to cast a ballot for a man who celebrated his right as a celebrity to grab a married woman by the pussy, and to actually call their support, “a vote for Christian values”.

After years of fighting they found themselves in the wilderness, hungry and thirsty for power. Then Satan appeared before them and said, “Bow down to me and all this will be yours” … and bow they did.

And on the 8th day they got Neil Gorsuch.

Yes, this nation’s power, as the alt-christians have come to realize so acutely since 1973, lies in its judiciary, a group of individuals appointed for life with the single job of deciding what is “just” and “unjust”, constitutional or unconstitutional with regard to the laws of this nation. It can uphold and strike down questioned state and federal laws at will in the name of the Constitution and judicial precedent. And with the subverting of the Merrick Garland nomination Mitch McConnell not only handed a Supreme Court vacancy to these benefactors but he gifted them a federal court system with a huge slate of open and (now) easily filled seats – seats waiting to be occupied by young and compliant justices on lists supplied to an ignorant and uninterested president by the ultra-conservative Federalist Society. Once these seats are filled the hate-fueled agenda of alt-christian nation can live on for a generation or more without fear of reversal by elected officials. For even a Democrat in the White House with fully Democrat-controlled Congress can do nothing to remove these new judges outside of impeaching them one judge at a time (which requires cause), or changing the Constitution to set term limits, which would require ratification by 2/3 of the (more than predominantly red) states.

Since January 2017, Mitch’s Senate has quickly confirmed nominee after nominee to the plethora of vacancies on courts throughout the land. At present 1 of every 8 judges in our circuit court system is a Trump (i.e. Federalist Society) appointee. In just 20 months the Senate has placed 68 judges on Federal benches with 73 additional nominations still awaiting approval – something sure to happen for many before the November elections.

The biggest, and likely most perilous of those 73 is the staunch anti-Roe, pro-presidential power judge and accused-rapist Brett Kavanaugh, a barely vetted, highly suspect, likely perjurer that the alt-christians want to have seated NOW!! And seat him these old white men will, because Brett Kavanaugh is the hill worth dying on. OK, maybe not die – he’s the hill they’ll all retire on.

Let’s face facts, once that SCOTUS seat is filled, these septa- and octogenarians can finally hear White Jesus say, “Well done soulless but well-paid servant. You’ve given us courts that will uphold laws that severely restrict or eliminate access to abortions and all other meaningful reproductive care for women. You’ve given us courts that will allow us to deny service to the ‘sinners’ of our communities – you know, the ones who commit same-sex adultery, not the one I give you married guys a pass and a wink on. You’ve given us courts that will allow the rich among us to give as much as they want to whatever candidate they want without limit and without being identified. You’ve given us courts that will secure the right of every corporation to, now and forever, have the same power under the Constitution as a person. And you’ve given us courts that will allow the states that deem it necessary to be allowed to make this finally ‘great again’ nation ‘white again’. Now go and enjoy all that money you’ve made in the name of serving the US taxpayers. No longer will you need to seek elected office because you’ve made it so that even if those godless liberals want to pass universal healthcare all the poor and uneducated Red states can opt out – because the courts you’ve given us will allow it. And no priest, pastor or nun will ever have to use an insurance plan that covers contraceptives or any form of godless birth control –  because while we want to end abortion we certainly don’t give a damn about unplanned pregnancies or what happens to the babies afterward.”

Yes, Brett Kavanaugh is the cherry on the top of a Republican sundae decades in the making. A sundae whose assembly instructions recognized that if you can distract the opposition long enough while spreading enough lies and propaganda through your own media to sufficiently gaslight the faithful, that at some moment there would be a chink in the armor of democracy that will allow it to be subverted for most of the next half century. And they followed the recipe perfectly.

So, with a month left before an election that can see a large number of this Republican Congress voted out in a “blue wave”, these vile white men will confirm an equally vile and dishonest likely-rapist to the highest court in the land, protecting both the president that allowed them to do it and the hatred fueled benefactors that helped them stay in power long enough to see this day. And as the blue wave comes crashing down on the steps of the US Capital building in January it will wash away the sand of decades of subversion to reveal a democracy handcuffed and stained with the permanent taint of a now-sainted turtle from Kentucky.