Posts Tagged ‘U.S. Supreme Court’
Justice Ginsburg Dies, and the U.S. Goes Crazy…**
**at least, the internet world. (Are there any others? /sarcasm)
The last few days have been surreal. Justice Ruth Bader Ginsburg, a trailblazing lawyer and U.S. Supreme Court judge, has passed away at age 87. She was possibly one of the few jurists in the nation most people trusted; they might not like her, or like her viewpoints, but they trusted her to come at them from a judicial/legal standpoint. And her death is a great loss to the nation, much less to the Supreme Court of the United States (SCOTUS, for short).
“But Barb, all you’ve explained so far is that Justice Ginsburg has died. What is this part about the United States supposedly going crazy about?”
It’s simple, dear readers. She was needed at this time and place. Despite her advanced age, and her long-time battle with cancer, her clear-headed nature and trustworthiness were a Godsend for the American people. Her death means that the current President of the United States (POTUS, for short), Donald Trump, can now appoint a new Supreme Court Justice even though there’s only forty-five days until the next presidential election.
Which wouldn’t seem that bad, until you consider your recent history.
In 2016, the Republican Party forced then-President Obama to hold a SCOTUS seat vacant until the next election. They did nothing for nine months, at all. And they said it was because they wanted the people to decide.
Now, the Republican Party, which is in power, feels they can replace a judge on the Supreme Court with less than two months to go until the next election. Their reasoning (rather spurious, to my mind) is that last time, the Rs held only the Senate and the U.S. House of Representatives, not the Presidency. This time, they hold the Senate and the Presidency (but not the House).
If you fail to see why this is acceptable, join the club.
**The only thing that comes to mind when I think about this whole situation is Disturbed’s song “Down with the Sickness.” (Just felt I should throw that in there. Moving along…)
Me, I see it as rank hypocrisy. And here’s why…Mitch McConnell, who was the Senate Majority Leader in 2016 and is still the Senate Majority Leader today, seemingly wants to do this so fast because Trump could lose this election. But if McConnell and the Rs can ram through another judge before Trump leaves office, they can affect laws for decades to come.
And power, after all, comes before consistency. /sarcasm (mine)
Note that it usually takes far more than forty-five days to find a qualified person (usually someone who’s already a judge, but not always), get that person through Senate confirmation (even when your party is in power, this can be an ordeal), and onto SCOTUS. But who the Hell cares about finding the right justice for SCOTUS, when it’s all about the power?
(And yes, this time, I wrote that without any sarcasm at all.)
I can tell you one thing. The people of the United States know what hypocrisy looks like. Tastes like. Smells like. And most, regardless of party, do not want to partake in hypocritical things or use hypocritical means for any reason.
Why? Because most of them have endured this in their own lives. And they know it’s wrong.
Plus, they know that in general, no one party stays in power forever. And if one party — in this case, the Rs — treats the other party (in this case, the Ds) badly, that means it’s justified — or at least justifiable — if the Ds later treat the Rs with as much vitriol and condescension as they’ve just seen themselves.
Because make no mistake about it. Justice Ginsburg died yesterday evening. And today, McConnell has already said he will get President Trump’s nominee a fair hearing. In the next forty-five days.
Yep. “Down with the sickness” is the only thing that keeps going through my head, here. Moving on…
Anyway, I do not believe in hypocrisy. And I do think it should take any party or any person more than forty-five days to put a new judge on SCOTUS as it’s a lifetime appointment.
And in the midst of all this, Justice Ginsburg’s remarkable life is being given short shrift. As is her stated final wish, as dictated by her granddaughter, which was, “Please wait to fill my seat until after the election.”
To say I find that infuriating, much less maddening, much less frustrating, much less despair and anguish-inducing, is an extreme understatement.
So, for those of you trying not to go crazy right now, I want you to think of this. The wishes of the dead usually are respected if they make sense. And in this case, they do.
I also want you to think about this: We, as people, need to stand up and say, “No more of this nonsense, please.” Because if it’s wrong for a Democratic President to fill a SCOTUS seat in an election year (nine months out), it’s just as wrong for a Republican President to fill a SCOTUS seat in an election year (forty-five days out).
And if this is allowed, don’t come back to me and say, when the next Democratic President takes office, “Oh, he shouldn’t do that! It’s hypocritical!” Because you’ll have ventured all your dignity, ethics, and morals already, and you’ll have no philosophical “leg” to stand on. At all.
U.S. Supreme Court Strikes Down DOMA, California’s Prop. 8, in Historic Rulings
Today, the United States Supreme Court struck down two laws, the federal Defense of Marriage Act (or DOMA) and California’s controversial Proposition 8, which banned same-sex marriage in that state. With two different 5-4 rulings, the Supreme Court has affirmed that discrimination on the basis of whom people love is illegal — at least, if you are in one of the twelve states where gay marriage is legal already, the District of Columbia (where it’s also legal), or in California, where it’s soon to be legal again.
Here’s a link to a story on Yahoo regarding the overall historical impact of these two different decisions, what the groups on both sides plan to do next, and so forth and so on.
As for what I think? Well, I’m very pleased that the Supreme Court struck down DOMA and threw out California’s Prop. 8 (albeit on a technicality), because I believe everyone who’s above the age of consent and is in love with a supportive and loving partner should be allowed to marry that partner. Whether it’s a man and a woman marrying, two women, two men, or two transgendered individuals, what matters is the love — not the form of that love.
The only thing that bothers me about these particular decisions is the limitations placed upon them by the Supreme Court. In striking down DOMA, the Supremes basically said that if you legally married a same-sex partner in the various states where it either is legal now or has been legal in the past (and was legal at the time, such as in California until Proposition 8 was voted for by that state’s voters), the federal government must treat you as married. And that way, you have all the rights and privileges of a married couple — which is exactly as it should be.
However, if you’re in a state like Wisconsin, where we have a state-specific version of DOMA on the books, if you are a same-sex couple you still cannot marry under the law. You are still allowed to be legally discrimination against in taxation, adoption, and other issues, under the law. And unless and until we get a Democratic Assembly and/or a Democratic Governor, things are unlikely to change due to the bunch of radical Republicans we have right now in Wisconsin, as in addition to these radical Rs running the state into the ground, they also oppose same-sex marriage on reactionary terms — not on realistic ones.
In other words, the Rs in Wisconsin see marriage as a religious ceremony first, with statehood recognition of that ceremony coming second. (This does not really make much sense because many non-religious people or those who are religious but want to save on money go and get married before the judge in a courthouse in a non-religious ceremony. But it’s how they seem to believe.) The rights and privileges a married couple gets in Wisconsin cannot go to a same-sex couple — not even in Madison, which has had domestic partnership benefits for many years — because that’s what the radical Rs want.
I have news for these Rs. Marriage is for everyone. That’s basically what the Supreme Court said today, even though they stopped short of striking down other statehood bans like Wisconsin’s in their narrowly targeted rulings. If you are in love, and you want to get married, and if you want to raise a family, you should be allowed to get married and raise that family. Period.
This is one of the few cultural issues where the Rs have largely been out of step with the mainstream of Wisconsin and the rest of the country. For example, there are now three Republican U.S. Senators who are for gay marriage — Rob Portman of Ohio, who has a gay son, Mark Kirk of Illinois, and Lisa Murkowski of Alaska. There are a few others, like John McCain, who’ve said before that they have no problem with gay couples, per se, but they don’t think these couples should be allowed to marry. Then the rest of the Rs basically want to take the country back to the 1950s, if not earlier, on cultural issues — which isn’t likely to happen, fortunately for the rest of us.
In Wisconsin, I don’t know of any single one Republican Senator or Assemblyman who believes that same-sex marriage should be legal in all 50 states. (Or even just in Wisconsin.) All eighteen Senators oppose same-sex marriage; all sixty Republicans in the Assembly oppose it.
And, of course, Wisconsin’s Republican Governor Scott Walker also adamantly opposes same-sex marriage, mostly on religious grounds.
Look. For the most part, I’m for most religions, providing they help people and give meaning and value to their lives. But when a religion insists that some people are better than others — in this case, a heterosexual married couple matters more than a same-sex married couple — that’s where I start to get upset.
And when a politician can’t even be bothered to say, “Look. I haven’t really studied the issues yet, but my religion has always said that gay people are sinful. That’s why I really cannot support marriage equality,” but stands behind the religious fig-leaf as if the religion is doing his or her thinking for him, that really bothers me.
My thought right now is that this issue, along with the new legislation that Scott Walker said he’ll sign that mandates that all women get trans-vaginal ultrasounds before having a medically necessary abortion (unless you’ve been raped or a victim of incest and have gone to report the same), is the most likely one to defeat the Wisconsin Rs.
So those of us who worked so hard to recall Scott Walker (myself included) may still have hope. This is an obstinate man we’re talking about, someone who firmly believes everyone in the state is behind him despite the recall evidence to the contrary. And he’s leading a radical party that’s done a lot of things that voters disagree with, to boot — so when he’s up for re-election in 2014, if we have a Democrat with statewide recognition to run against him (please, not Tom Barrett again — I like him, but he has proven he can’t win against Walker), we should be able to get him out.
As for me, I voted against Walker, signed the recall, voted to replace him, and will vote against Walker again in 2014. (I’m on the record as saying I’d rather vote for an empty paper bag rather than Walker, as that empty paper bag will do far less harm.) But I’m a realist. I know Walker hasn’t done what he said he would do — not with regards to jobs, not with regards to honesty and transparency, not with regards to anything, except for one (he kept his promise to turn down the money for light rail, as he found it unnecessary; however, in so doing, he also eliminated at least three hundred prospective new jobs) — and I want him out of there before he manages to harm the state even further.
My advice for the Wisconsin Rs is this — get with the program regarding same-sex marriage. This issue is not going to go away any time too soon, and most younger voters disagree with you and your stated beliefs on this issue. And if you are unwilling to change with the times, and admit that all marriages should be equal under the law, you will be voted out.
Maybe not in 2014. Maybe not even in 2016.
But you will be voted out.
And I, for one, will be very happy once you are, as you’ve done more than enough damage already.