I have a deep love of history and linguistics that I explored in college and have since. I am terrified of the future.
The Supreme Court has killed Roe v. Wade and progerian America slouches on toward an end of its own invention. Incredibly young, this country might have shaken off its egg shell's shards and aspired for something more, something human and real. But we see the writing on the wall: lupine conservatives gnaw at our collapsing joints for the barest marrow and tendon.
Now, this Monday after RvW's murder, they have set their sights on the very administrative state. West Virginia V EPA is set to fulfill an ultimate dream of the libertarian wing of the Republican party. To be charmed by this is to be a crustacean, clenching an escapee by the gonopod.
And, of course, the dotard I voted for sits on his blanched throne, saying "You gotta vote, Jack." Fifty years in the political machine have dulled his brain. "Don't make me learn too many new Supreme Court justices, Jack." But this is what the Democratic leadership wanted.
How did the Supreme Court become the anti-democratic institution it is? Will Democrats ever grow spines? Will a Republican ever grow a soul? What is to be done?
The Stolen Court
The slow-motion coup starts with W's election. The Supreme Court, making a one-time quick fix to the issue of hanging chads, ended Florida's recount and elected Bush the second. The irrationality and paranoia that September 11th bred handed the country to him. The War on Terror became the surveillance of the world.
Obama implied renewal of hope, a return to some pure American liberalism. However, he maintained the Patriot Act, Extraordinary Rendition, the continued maintenance of Guantanamo Bay, and THEN added his own improvisations to them. After all, it was Obama who extrajudicially executed a U.S. citizen, who failed to graft Merrick Garland to the nine-headed Cronenburg monstrosity of the court. It was Obama, who stepped back from his campaign promise to codify the protections of Roe v Wade. Liberal spinelessness and fealty to institutions led to Mitch McConnel running laps around the executive branch.
Worse, RBG held out in her seat until her death, resulting in the gift-wrapping of three Supreme Court seats to the Donald. Without winning the popular vote in either of their first elections, Bush II and Trump I established a christofascist majority on the Supreme Court that could rule for generations and which has become a direct policy arm of the Republican party.
The Cuyahoga Burns Again
Convienetly, the Originalist positions on most issues just so happen to line up with modern Republican dogma. As, Clarence Thomas, husband of known insurrectionist, Ginny Thomas, explains in his concurrence with Dobbs - the logic of Roe and of privacy rights is the logic of Obergerfell, of Lawrence, of Griswold, of freedom to marry, of freedom to consensual sex, of freedom to contraception. But the incredible domino effect of this court does not end with privacy rights. West Virginia V EPA is a case that will likely hamstring any future administrative attempt to address the climate hell into which conservatives would have us march, grinning.
The reasoning goes: because the EPA's mandate does not explicitly include carbon, it likely will be ruled that it cannot regulate carbon. Congress would need to pass legislation to expand the agency's purview, and with Joe "Coal Mining" Manchin as the swing vote, it seems likely that institutional inertia will carry the day. An unequivocal death sentence for many who live throughout the country and the world.
The IPCC reports have been getting more shrill, as they should. After all, hurricane seasons are getting more intense, glacial breakup appears to be quickening, and heatwaves have begun to kill vital crops. The water bubbles, the heat increases, but our fellow frogs cheer as though it is not their pot too. They'd rather croak about cancel culture.
What is to be Done?
We cannot sit back and sacrifice the future of every human on this planet for the dogma of a few wrinkled theocrats. Our autoimmune disorder goes deeper than just those six fools: it is in the bones and DNA and institutions which we pretend are immutable, but have shifted and malformed with the years. Everything human results from historical consequence, we need only recognize our consequential ability.
Would that Joke Biden would rouse himself from his slumber and give the christofascists something to really fear. Push back against the court, pack it if necessary, impeach all three justices who perjured themselves by claiming Roe was settled law, and personally pursue the Thomases for their treason. If Joe Manchin wants to be the special little spoiler boy, give him some attention: look into the family business he has barely divested from, audit him through the IRS, do whatever it takes. Play the game as it is, as though freedom and democracy and our species were on the line.
Biden, of course, is doomed to a little cognitive drag. Dementia and establishment-eroticism will do that to the best of us. But, perhaps, if he had read someone I suspect he hasn't, he might remember a vital passage - the idea of a mountaineer changing course and, despite the calls and crows of onlookers down below, resolving himself to seek an even higher peak.
This content is accurate and true to the best of the author’s knowledge and is not meant to substitute for formal and individualized advice from a qualified professional.
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