Fundamental dishonesty

It wasn’t a “driveway moment” because I wasn’t in my driveway, I wasn’t sitting in the car listening to the radio to hear the end of a story that had sucked me in.  No, I was still on the road headed home from the grocery store when I heard two words that broke through and provided some clarity of mind, finally, amid the onslaught of distressing rulings from the Supreme Court of the United States.

Just a week ago, the court’s six “conservative” justices ruled that a program in Maine that subsidizes tuition for certain private schools in rural areas of the state cannot exclude religious private schools from the program.  Two days later the same six found that a New York law placing strict limits on carrying guns in public violates the Second Amendment.  And the day after that, those same six members not only found that a Mississippi ban on abortions after just 15 weeks was constitutional, they went the extra step and overturned the nearly 50-year old precedent of their own court that established a woman’s right to an abortion.

The separation of church and state.  The rights to privacy, and to safety, individual liberty, and self-determination.  The targets of this Supreme Court and the “conservative” movement in general couldn’t be clearer.  With each new Republican-appointed justice on the court, and each new ruling by the new majority, they demonstrate their mission to remake America as a paradigm of Christian nationalism.  It seems clear that the decades-long mission to destroy the secular society that has grown up since World War II just can’t be denied, not even when the inconvenience of the facts gets in the way.

It was Nina Totenberg on the radio reporting on the ruling in favor of the high school coach who insisted on holding a prayer circle at midfield after football games, and Justice Neil Gorsuch’s opinion scolded the school district:

“Here, a government entity sought to punish an individual for engaging in a personal religious observance, based on a mistaken view that it has a duty to suppress religious observances even as it allows comparable secular speech. The Constitution neither mandates nor tolerates that kind of discrimination. Mr. Kennedy is entitled to summary judgment on his religious exercise and free speech claims,” Gorsuch wrote.

The three dissenters said that account of the facts blinkered reality (emphasis added). Writing for the three liberals, Justice Sonia Sotomayor said that Kennedy’s prayer was neither private speech, nor benign. She pointed to the fact that the coach conducted a media blitz leading ultimately to the field being stormed and students being knocked down. And she said “schools face a higher risk of unconstitutionally ‘coerc[ing] … support or participat[ion] in religion or its exercise’ than other government entities.”

“This decision does a disservice to schools and the young citizens they serve, as well as to our Nation’s longstanding commitment to the separation of church and state,” Sotomayor wrote. “Today’s decision elevates the rights of a school coach who voluntarily accepted public employment, over the rights of students required to attend public schools and who may feel obligated to join in prayer.” In doing so, Sotomayor claims, the court gives “short shrift” to the constitutions ban on state entanglement with religion.

University of Virginia law professor Douglas Laycock usually files briefs siding with religion advocates. But not in this case. He called Monday’s ruling, “fundamentally dishonest” and pointed to the third sentence of the Gorsuch opinion, which characterizes coach Kennedy’s conduct as “quiet isolated prayers,” stating, “They weren’t quiet and they weren’t isolated. They were leading the students in prayer, and to say that’s okay undermines all the school prayer cases.” By that he means Supreme Court decisions barring teacher- or student-led prayers in public school classrooms, and ceremonies like graduation.

It was like a fire alarm went off inside my head: “fundamentally dishonest.”

Yes—the fundamental dishonesty of these justices, and of the Christian religious extremists who have been fighting the secularization of American society for generations!  They have had a winking understanding with a certain segment of America: anything is permissible—the end justifies the means—when it comes to returning America to be the Christian country we all “know” it should be, including lying under oath in order to gain positions of power.  Don’t believe me?  Look at the video of the confirmation hearings over the years of the “conservative” justices now on the court: is it just a coincidence that when the Senate Judiciary Committees asked these nominees about Roe v. Wade, these individuals had the same answer, in virtually the same words, words meant to leave the impression that they believed in the doctrine of stare decisis in general and specifically for this case?  I think not.

In a concurring opinion on Dobbs, Justice Clarence Thomas says the quiet part out loud about using the wedge they perfected in overturning Roe to take aim at other precedents that guarantee other rights to Americans.

“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” Thomas wrote on Page 119 of the opinion in Dobbs v. Jackson Women’s Health, also referring to the rulings that legalized same-sex relationships and marriage equality, respectively.Because any substantive due process decision is ‘demonstrably erroneous’ … we have a duty to ‘correct the error’ established in those precedents.”

Just coincidence, right, that the other cases on his mind are the ones that guaranteed the rights to same-sex marriage, and same-sex sex, and the use of birth control.  BIRTH CONTROL!?  He wants to return to a time when the use of birth control by married couples in the privacy of their own home could be and was prohibited by states?  Who can even imagine such a thing?

I know who…so do you.  And I don’t take any comfort—at all—in the protestation from the other five “conservative” justices that “[n]othing in this opinion should be understood to cast doubt on precedents that do not concern abortion.”  When there is fundamental dishonesty, I have doubts.

How do you like America?

Three weeks in; time to take a breath and assess the new administration in Washington, D.C.

Donald Trump asked Americans to trust him to do what’s right for America; 46% of those who bothered to vote (roughly 27% of Americans who were eligible to vote) took him up on his offer, and that was enough to give him the ticket to the Oval Office.  But so far he’s made it plain that he doesn’t respect this country and what it stands for; the only thing he’s interested in is what financially benefits Donald Trump.  This is a partial list of some of the fun so far, just off the top of my pointy head:

  • the new president tries to make good on a campaign promise to keep Muslims from coming into the country, stabbing at the heart of the great American belief in freedom of religion while playing on the irrational fears of many of the people who elected him…
  • and after losing in court, for a second time, his retort is—of course—see you in court
  • he succeeded in placing a racist in charge of enforcing civil rights laws…
  • an effort highlighted by the Senate voting to silence one of its members when she tried to image001read into the record a letter that’s already a public document…
  • before then allowing at least two other members to go unsanctioned for reading that same document into the record
  • a top administration official glibly violates the law but gets just a rap on the knuckles…
  • although that shouldn’t be a surprise since the president is happily making a mockery of government ethics by retaining his business interests and turning a profit…
  • while the First Lady goes to court seeking damages for not being able to monetize her new position
  • the president is still massaging his insatiable ego by repeating the unfounded allegation of a voter fraud that, if true, is so massive as to be unbelievable…
  • and making a promise to have his government investigate said claim, a promise that lays dormant (to put in charitably)
  • he made good on a promise to nominate a Supreme Court justice from his pre-election list of approved candidates…
  • and then by not keeping his Twitter thumb quiet and insulting a judge who had the temerity to disagree with him, Trump forced his high court nominee to blandly chastise his benefactor

Jack Shafer thinks the president of the United States is a child throwing a temper tantrum because he doesn’t get everything he wants; Josh Marshall offers a short list of reminders to help us figure out motivations in the Oval Office; Bill Moyers tries to look past the policies and realize that the chaos which Trump (and President Steve Bannon) are creating is an intentional part of a plan, and Eliot Cohen argues that Trump is behaving exactly as many people (many people) predicted.

Any good news?  Yes, there is:

  • the judicial system is proving it is not afraid of the new president (unlike damn near every Republican in the House and Senate) and is living up to its responsibility of interpreting the law and acting as a check on the executive (and legislative) branches…
  • if new subscription rates are any indication, Americans are being reminded of the value of a free press serving as watchdog and are making their individual contributions to support the effort…
  • we have even been able to take a little joy from watching the president’s childish reaction to being criticized.  0qBLuKbpAny president, or anyone who’s ever performed public service at any level, would know to expect disagreement, but this president has apparently lived in a bubble where people do not criticize him, and he doesn’t get it that the world at large doesn’t accept his every utterance as gospel just because he said it.  He has no sense of humor about himself, it seems, takes the unimportant stuff way too seriously, and can’t seem to stop himself from feebly trying to parry each thrust from outside the bubble—thank you, Twitter.  I giggled when I read that Trump took it out on press secretary Sean Spicer because a woman comedian satirized his briefings on “Saturday Night Live,” so I’m eager to see out how he reacts if it should come to pass that his long-time nemesis Rosie O’Donnell gets a chance to take the role of President Bannon.

What’d I miss?  Oh yeah: a New York congressman has “filed a ‘resolution of inquiry’ that amounts to the first legislative step toward impeachment.”  And there’s much more.  As Crash Davis said to his coach when the coach came to the mound during a game to inquire as to the cause of the delay, “We’re dealing with a lot of shit.”  And as my dad would say from time to time, to reinforce that you really didn’t think about what you were doing or saying just then, “How do you like America?”