Saturday, October 06, 2018

Old Times There Are Not Forgotten

So now we have a Supreme Court Justice with a drinking problem; and a gambling problem; and a credibility problem. One with almost no experience working for clients, but plenty of experience as a political activist and an ideologue. An historically unpopular candidate (Clarence Thomas welcomes you to the recently vacated doghouse) who took the bench because of one vote.

And the stories about him keep coming, which just elevates the reputation of a court that could easily find itself being ignored one day when it gets too far away from the public ( Brown v. Board was enforced by the National Guard; it is now more honored in the breach than in the keeping and frankly, imagine a Supreme Court today throwing its institutional weight behind a fuller enforcement of Brown. Who would listen, and who would revolt?  Ignoring, or being inflamed by the Court is not an unimaginable scenario.).  Democrats are promising continued investigations as part of their election campaign. Newspapers will keep printing stories. And if it appears Kavanaugh is gambling again? Well, gamblers present risks from undue influence to outright blackmail. In the words of Walt Kelly: " What hath got wrot?"

This is not over, and will only be worse because one party will not control 2/3rds of the Senate for at least 2 more years.  If in that time the Court starts repealing rulings two generations take for granted, the anger may turn against the very institutions of government itself.  The last civil war was about establishing a complementary government. This one could be about tearing up the one we have.

1 comment:

  1. I can't see Black People, Latinos, and other racial and ethnic minority groups going back to pre-Brown or even 1970s style American apartheid without resistance, I can't see Women going back to pre-Roe or worse without resistance, I can't see LGBT people going back either.

    The Republicans can't hold on to things once the Roberts-Kavanaugh court starts on their mission of destroying equality unless they blatantly rig the elections system - which is how they maintain control of Congress and got Bush II and Trump into office. And an illegitimate elections system produces illegitimate government and illegitimate government has no legitimate claim of authority or to deference. The Supreme Court has both unwittingly, in the Warren years and throughout most of its history been a part of that illegitimacy starting from the start when they excluded huge percentages of those governed by the American system, slaves, ethnic and religious minorities, women. The American Constitution has always been in crisis because it was rigged at the start to produce illegitimate government, illegitimate on the very basis that the Founders declared the independence of the country from Britain over.

    I don't think there is any reason for the thing to be continued, it's day of reckoning is way over due.