Saturday, October 31, 2020

I can't get past this...

 

President Donald Trump walks with judge Amy Coney Barrett in the Rose Garden at the White House.
AP Photo/Alex Brandon



AP



AP


Then, today...this - 








Our judiciary has been overrun by Trump appointees (via The Federalist Society).

There isn't anything to be done.  The current Supreme Court is nine justices, six of whom are extreme right wing, and three liberals.  There nothing Congress or the people can do.  Even if one of the justices becomes a swing vote, there will still be five conservatives.  

Three of the justices were legally appointed by a Republican president guided by the Federalist Society. But, President Trump won the electoral college, not the popular vote. His "mandate" comes from a minority of the country's population.  Within the minority of people who voted for him, I suspect the number of people who would agree with the conservative, originalist views of the new Supreme Court is even less.

Mitch McConnell used his power like a bully. 
He didn't/doesn't care about what's good or best for the country.
He denied the Obama administration any opportunity to put forward their own judicial nominee when Scalia died.  Rather than admitting he was a bully, he pretended it was because the opening came within one year of an election.
When Ruth Bader Ginsburg dies he added a caveat to that reasoning - it's only applicable when the Senate and the President are not the same party.  When they are the same party - you can nominate, hold a hearing, and approve a new justice to the Supreme Court less than two weeks before an election.

People were overcome with how much they disliked Hillary Clinton and ignored the big red flag that Mitch McConnell waved in front of their faces.

These days we blame Mitch McConnell - and Donald Trump - for 'breaking' the norms of governing.
We should blame ourselves.  We're the ones who didn't understand the threat of Mitch McConnell + Donald Trump.

Even though the end of the election is still three days away (or would it be four? Today is Saturday and the election is Tuesday.) I feel like the whole thing is lost already.  

Joe Biden may win on November 3 (I hope he does!!!!) but the problem persists.  

My first thought was that if this is what Republicans want, then fine.  We'll make laws at the state, county, and municipal level. They don't like a big federal government?  Great, we'll stop participating.  

I'm not so sure, though, that even reasonable laws a state or local government would put in place regarding human rights, gun violence, climate change, and social justice wouldn't be struck down by the Supreme Court as unconstitutional.  

There are enough people emboldened by Trump and his tactics who will bring suits against the states or municipalities on behalf of Trump's ideological and partisan positions.  They will claim the law takes away their personal freedom or their religious freedom.  
The new Supreme Court, I imagine, will agree.
Even though a reasonable thinking person might find their arguments ideological and partisan rather than wise, studied, and logical, it wouldn't matter because they have at least 5 votes on the Supreme Court. The Supreme Court is the law of the land and if I believe the rule of law is a defining feature of successful democracies, I have to go along with what the Supreme Court rules. I can say it's wrong all day, every day, and it doesn't look like I'd have any recourse whatsoever.

The election is the recourse.  Right?
This election doesn't do anything to take away those justices on the Supreme Court or the lifetime Federal judge appointments.  

Not only that, but Donald Trump has been doing everything he can in the last year to make sure his followers believe that if Donald Trump loses it's because the election is rigged.  
He's said numerous times at his rallies that they (meaning Republicans) have many lawsuits already making their way through the courts about voting and voting rights in many states.

One of the reasons he said we needed to nominate and install a new judge to the Supreme Court before the election was so there's no possibility of a tie if the election goes to the Supreme Court.

If Trump wins...I can't imagine what will happen.  I suspect people will be out in the streets.
I'm not sure what the goal would be.
This is how badly Donald Trump has 'broken' America...we can't believe in the integrity of the government AND want the election results overturned.  
I suppose the Biden camp starts some lawsuits of their own?
How well will that go with the judiciary 'packed' with Trump appointees.  

Normally, I wouldn't assume that because a Republican appointed a judge - at whatever level - they would definitely side with the Republican. 
But Trump demands loyalty and the people he selects to work with him and the ones he nominates to be on the federal bench, I believe, will be loyal to him.  

If Trump wins and that's just the way it ends up - I can't imagine how people will move forward from now until 2024.  More chaos, more lies, more 'figure it out for yourself'.  I guess people will retreat a little because it will feel helpless.  I think I will.  People will still be in need, though.  Trump policies will continue to hurt poor, nonwhite, 'others' disproportionately. I hope I'll find a way to be helpful and make a small difference to one or another person.

If Biden wins?  First of all, Trump won't allow that to be a settled question.  He'll take every vote to court.  How long will it last?  And what will he do between the election and inauguration day?  He'll destroy whatever he can. 
His supporters will take up arms.  

In their mind, they're saving 'America' as they know it. I know this is true because my Mother believes what she hears on Fox News...that Joe Biden will turn the country Socialist.  Joe Biden has been taken over by Socialist people like Sanders.  In that narrative, this election is existential for 'them' too. So of course they'll take up arms.  

And then what?
And then what?
...



What if Biden wins, but Republicans still control the Senate?  Continued inaction similar to Obama's last six years.  Biden will have to govern by Executive Order.
We go back to the idea that our only recourse is locally - at the state, county, or city level.



One thing I am sure of as we approach election day is that I'll never be free from Donald Trump.  Even out of office, he'll get people to pay attention to him and he'll be hurling insults and telling everyone how great he is.  It will be unbearable.  When he can't do it anymore, his sons will lionize him constantly.  And his daughter...Trump said at a rally the other day that she's happy being a homemaker.  Ugh.  That's after he assured suburban women he will get their husband's jobs back.  Yeah - Make America Great Again, alright...1950's great - where everyone knew their 'place'.  
Donald Trump is bad.  Real bad. 
And now he has a Supreme Court backing him up.

It feels like the takeover already happened.  I come full-circle back the beginning of this long post.


Hey - maybe none of this will happen and I'm being as alarmist as I think my Mother is about a socialist President Biden.

I'll be honest, though - I don't have a problem with the government - all of us, via our taxes - providing education, healthcare, safe and affordable housing, and nutritious food to all people. 
We already provide free education for K-12 and Medicare/Social Security for older citizens, we pay for police, roads, utilities, firemen, government administrators, libraries, and tax breaks for corporations, etc.  I'm not sure what makes the other stuff 'socialist' and not those things.


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