It's Over

Tags: #politics #essay

Fury. It's that ice cold feeling in the pit of your stomach that elicits no emotion and just simmers there? Yeah, that's how I have been for the last few days and the decision of the U.S. Supreme Court has made it even worse. Spoiler warning, I have nothing hopeful to say in this post. This authoritarian roller coaster is just getting started and there's no getting off. So, what has the response been since the courts decided to set us up for a dictator and a king?

Since the United States Supreme Court has declared Presidents are immune to official acts (and only lower courts can decide what is or is not an official act. They provided zero criteria), there have been steps to try to fix this but it is only theater and desk pounding that's going on.

Rep. Joe Morelle (D-N.Y.) says he's going to introduce a Constitutional amendment1. It's dead on arrival. You need 75% of the states to ratify an amendment which means you can't lose more than 13 states. There are 21 solid red states per 2022 election3. Even if they do pass it, who says the Supreme Court can't just declare the amendment unconstitutional? Rules? They're not following them now. Why would they later?

AOC says she's going to submit Articles of Impeachment2 on the justices. That's also dead on arrival because the Dems don't have the stomach to do it cause “it'll look political” and with the tenuous hold on the Senate with a chance of losing it, it ain't going to go anywhere. They want to pretend it's still the 90s where everyone was still pretending to have integrity.

I have had friends ask me when I think that it all truly began to go down hill (as we have flirted with authoritarianism and fascism for years. Think back to McCarthyism and the backlash to the 60s Civil Rights movement).

It really started to go down hill with 9/11 and when the Patriot Act was passed. It was the first glimpse of the direction we were going. The Patriot Act was sold as a temporary thing that was supposed to help us stop terrorists from striking at us again but has continually been renewed for twenty-three years. It was sold as a patriotic law but had stripped freedoms from Americans5. For example:

  1. Roving Wiretaps: Allows surveillance on individuals without specifying the device or location being tapped, meaning a single warrant can cover multiple devices and locations.

  2. Sneak & Peek Warrants: The Act allows law enforcement to conduct searches without immediately informing the target of the search. These “sneak and peek” warrants mean individuals may not know their property has been searched until much later, potentially compromising their ability to contest the search.

  3. Mandatory Detention: Non-citizens can be detained without charge for extended periods if they are deemed a threat to national security.

From there, we have slowly descended into a government that goes behind our backs to get information and uses mega-corps to do their bidding.

It was 2016 when the facade fell off and the christo-fascist regime attacked our capital and attempted to stop the peaceful transfer of power believing that their lie that the 2020 election was stolen would cover them.

Many of them were found guilty of crimes around January 6th insurrection and even their leader Donald Trump was found guilty for Campaign Finance violations.

But they already had a plan for that. They had the scum bag McConnel block the appointment of an Obama supreme court judge by saying: “The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.”6 and even Lindsey Graham went and said: “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.”6

What happened when there were two seats come open in Donald Trump's term. Both senators pushed through two extremely conservative (and questionable) candidates in the last year of Trump's presidency. Building a conservative court to do their bidding. When challenged on it McConnel's response was “In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term, We kept our promise. Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year.”7

In short...it's important to have the public choose when you're not the party in power but if you're the party in power, it's okay to continue and appoint someone without the public having a say.

Since the court has swung hard right they have.

And I'm not even getting into Justice Thomas' wife being an insurrectionist who helped plan out some parts of the insurrection.

I have heard many say that we are at a crossroads this election but they are wrong. That crossroad was 2016 and we are now well along our way towards a faux democracy run by christian fascists who think their beliefs in God outweigh any other sort of consideration and we need to bow to them for guidance.

I have no hope to share right now. I've studied history long enough to see where this is going and like a train wreck, there's no stopping it. Even if Biden is elected president, each and every election cycle will be Christian fascists trying to take win so that they can force their beliefs down our throat.

If anything, I think Justice Jackson phrased it the best in her dissent to the majority opinion. She said: “The majority of my colleagues seems to have put their trust in our Court’s ability to prevent Presidents from becoming Kings through case-by-case application of the indeterminate standards of their new Presidential accountability paradigm. I fear that they are wrong. But, for all our sakes, I hope that they are right.”3

References

1 Nazzaro, M. (2024, July 2). New York DEM will introduce amendment to reverse Supreme Court immunity ruling. The Hill. https://thehill.com/homenews/house/4750735-joe-morelle-amendment-supreme-court-immunity-ruling/mlite/?nxs-test=mlite

2 Lillis, M. (2024, July 2). Ocasio-Cortez vows to file impeachment articles against Supreme Court justices. The Hill. https://thehill.com/homenews/house/4750034-ocasio-cortez-impeachment-articles-supreme-court-justices-trump-immunity/?nxs-test=mobile

3 Wikimedia Foundation. (2004, November 4). Red States and Blue States. Wikipedia. https://en.wikipedia.org/wiki/Red_states_and_blue_states Last edit was 18 June 2024

4 Trump v. United States, 23-939, slip op. at 118-119 (Supreme Court of the United States). Retrieved from https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf

5 Johnson, C. (2011, October 26). As it turns 10, patriot act remains controversial. NPR. https://www.npr.org/2011/10/26/141699537/as-it-turns-10-patriot-act-remains-controversial

6 Silverstein, J. (2020, September 19). Here’s what Mitch McConnell said about not filing a Supreme Court vacancy in an election year. https://www.cbsnews.com/news/mitch-mcconnell-supreme-court-vacancy-election-year-senate/

7 Louis Jacobson, K. S., & Jacobson, L. (2020, September 22). Flip-O-meter: McConnell’s reversal on Supreme Court nominees. @politifact. https://www.politifact.com/factchecks/2020/sep/22/mitch-mcconnell/mitch-mcconnell-flip-flops-considering-supreme-cou/

8 Kruzel, J. (2024, June 29). US Supreme Court raises bar for obstruction charge against Trump, Jan. 6 rioters | reuters. Reueters. https://www.reuters.com/legal/us-supreme-court-boosts-jan-6-rioters-bid-challenge-obstruction-charge-2024-06-28/

9 Davies, D. (2022, January 27). How Ginni Thomas, wife of justice Clarence Thomas, influences the Supreme Court. NPR. https://www.npr.org/2022/01/27/1076097533/how-ginni-thomas-wife-of-justice-clarence-thomas-influences-the-supreme-court

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