The first Monday in October does not get a special note on most calendars, unless you are in the government or parts of the legal profession. This is the day the Supreme Court of the United States usually begins its term. And this term is expected to be more notable than most for the government’s least visible branch.
The expectations are probably the reason several of the usually reticent judges who sit on the court have been unusually public in their comments and complaints in recent weeks following a three month “recess” which was also unusual for the amount of news it made.
The racist party scored another infinite victory in the United States Senate with all 50 Republicans voting against even discussing legislation to overhaul election law in America. Of course the Constitution says in case of a tie vote the Vice President, currently Democrat Kamala Harris, breaks the tie. But this democratic majority rules standard doesn’t apply here because this wasn’t a vote on passing into law the “For the People Act.” This was a “motion to proceed to consideration.” This little bit of nonsense, known as a cloture vote, requires a three-fifths vote. A 50-50 tie doesn’t cut it. You won’t find this “filibuster” rule in the Constitution either. It has been a tool of the racists for years.
The law would protect voting rights, end partisan gerrymandering, establish new ethics rules for federal officials, and curb big money in politics. No wonder it didn’t stand a chance. Republican senate leader Mitch McConnell called it a “power grab” by Democrats.
Let’s just make a little reality check here. Senate Democrats represent 43 MILLION more people than Senate Republicans but 41 Republicans representing just 21% of the voters in the country can block the For the People Act, which is supported by 68% of Americans. Democracy is the loser here.
And what exactly are the terrible things this For the People Act would address? They are the things that would combat the seemingly never ending attempts to keep in force the Jim Crow laws which are designed to prevent primarily people of color from voting. These laws institutionalize the practices which interfere with the Fourteenth Amendment guarantee of the right to vote.
Partisan gerrymandering as a tool for disenfranchising voters.
The principle that people should choose who represents them instead of the other way around.
That we should make it easier for people to vote, not more difficult.
That corporations should not be able to buy elections.
That dark (or untraceable) money does not belong in politics.
That government should work for the people, not the special interests.
These are all things Republicans cannot stand for the simple reason that when people vote, Republicans lose. And Mitch McConnell doesn’t like to lose. The man who represents the four and a half million people of Kentucky just loves telling presidents elected with 80 million votes where they can stuff it. He blocked the agenda of Barack Obama. Now he’s blocking the agenda of Joe Biden.
But McConnell isn’t the only winner in this vote. Let’s not forget that it represents a great victory for John Roberts, Chief Justice of the United States. John Roberts has made the destruction of the Voting Rights Act of 1965 his lifelong crusade. His opposition to the Act dates back to his days as a law clerk for then Associate Justice William Rehnquist. Rehnquist, also to become a Chief, notoriously wrote a memo in 1952 stating, “I think Plessy v. Ferguson was right and should be re-affirmed.” Plessy was the infamous “separate but equal” case institutionalizing racism in public schools. It was overturned by Brown v. Board of Education in 1954.
Roberts, made Chief by President George W. Bush in 2005, got his ultimate chance to fight back for the cause of racism in America in 2013, demonstrating the hypocrisy of the typical Republic talking point that the courts should defer to the legislative branch and refrain from “activism” in their interpretation of law. In Shelby County, Alabama v. Holder, Attorney General et al. Roberts, writing for a 5-4 conservative majority, gutted the Voting Rights Act. In Shelby, Roberts struck down the Act’s formula determining which states had to receive advance federal approval for their changes in election law and procedure. Roberts complained that the “preapproval rule” for some states should not remain in force for such a long time without Congress updating the data on racist regulation in their territories which led it to enact the remedy. He mocked critics, telling them the states would not be so bold as to resume their racist activities. “Our country has changed,” he concluded.
Five years after the ruling, nearly 1,000 polling places had closed, many of them in predominantly African-American counties. Research shows that changing and reducing voter locations can reduce voter turnout. A 2018 report by the U.S. Commission on Civil Rights (a bipartisan, independent commission of the United States federal government) found that there had been an increase in laws making it harder for minorities to vote. The commission found that at least 23 states enacted restrictive voter laws, such as closures of polling places, cuts to early voting, purges of voter rolls, and imposition of strict voter ID laws.
According to the nonpartisan Voting Rights Lab, so far 18 states have put in place more than 30 laws restricting access to the ballot. These laws will affect around 36 million people, or about 15% of all eligible voters. In Georgia, a new law means that county election boards will no longer be bipartisan but will be appointed by Republicans; other states are similarly stripping power from Democrats to put Republicans in charge.
Roberts does not limit his disfavor to legislation designed to protect voting rights. Housing rights are on his radar as well. Is the Chief a racist or is he just naïve? His history indicates he is getting exactly what he wants.
There are some Democrats who believe the loss of this vote, preordained and expected, is just part one of a series of battle that will eventually produce voting rights legislation that will be less expansive than the For the People Act but still effective. One can only hope.
But history shows wishful thinking is not a viable political strategy and I see little likelihood Republicans will do anything that can be labeled bipartisan. The only answer seems to be to keep the votes, and losses, coming and run on these issues in 2022.
Perhaps a few extra seats in the Senate can be won by Democrats. But with Republican state legislatures left to gerrymander the boundaries of their districts, see my personal favorite abomination below ,designing them to disenfranchise people of color in Houston, one has to wonder if there is any hope for Democrats. Or for Democracy.
The district is represented by Republican Daniel Crenshaw, who is one of the insurrectionists who tried to overturn the 2020 presidential election of Joe Biden. The boundaries of the district have been drawn to take as many black and Hispanic voters out of the other districts more generally in Houston, to reduce their numbers, while still being fewer than the number of white suburban voters included. That insures a Republican seat and renders ineffective a large number of minority voters who might prefer a Democrat. What a racket.
The cliché says that journalism is the first draft of history. We shall have to wait the verdict of historians several years down the road to craft a title for the tumultuous events of the last week and put them into perspective. For now it shall suffice to note that the FBI is calling on citizens to help identify members of the violent mob of Donald Trump supporters who attacked the United States Capitol on Wednesday in an attempt to stop Congress from tallying the Electoral College votes declaring Joseph Biden and Kamala Harris the next president and vice-president.
It was the first time since the Constitution was ratified on June 21, 1788, that a President of the United States attempted to overturn the results of an election and remain in office after the election of his successor had been certified by the states and the District of Columbia.
A violent mob of Donald Trump supporters, urged to action by Trump himself, Wednesday attacked the United States Capitol in an attempt to stop Congress from tallying the certified Electoral College votes declaring Joseph Biden and Kamala Harris the next president and vice-president of the United States.
In that, they failed.
But for hours they laid siege to the seat of the American government, marauding through the halls, vandalizing offices, occupying the chambers of the Senate and the House of Representatives, and preventing the members from attending to the business of the day. Before the insurrection was quelled, shots had been fired inside the Capitol and on the grounds, tear gas and flash bangs had been utilized, and four people had died.
We will not know for sure until the official certification. But as of this writing, it looks as if the people of Georgia have come through and elected two Democrats to the United States Senate. That would make the Senate evenly divided, 50 Democrats and 50 Republicans. And in case of a tie vote, the tie is broken by the President of the Senate. “The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided” (U.S. Constitution, Article I, section 3). And the President of the Senate is, drum-roll please, the Vice-President of the United States. And the Vice-President of the United States is, rim-shot here, Democrat Kamala Harris!
What does this mean? First and foremost, it means Kentucky Republican Mitch McConnell will get a new title. Minority Leader. And as minority leader, he will be able to control, insert cymbal crash here, absolutely nothing. With the election results still unofficial I am afraid of jinxing something. But I would love to be able to get into McConnell’s face and congratulate him on his new found impotence.
They are battening down the hatches at the White House. But before we get to that, we have another extraordinary court decision to contemplate.
Yesterday the United States District Court for the District of Columbia denied still another request for an injunction seeking to stop Congress from counting the Electoral College ballots declaring Joe Biden the 46th President when it meets tomorrow. The opinion handed down by Judge James E. Boasberg pulls no punches in describing the scope of the plaintiffs’ complaint:
Plaintiffs’ aims in this election challenge are bold indeed: they ask this Court to declare unconstitutional several decades-old federal statutes governing the appointment of electors and the counting of electoral votes for President of the United States; to invalidate multiple state statutes regulating the certification of Presidential votes; to ignore certain Supreme Court decisions; and, the coup de grace, to enjoin the U.S. Congress from counting the electoral votes on January 6, 2021, and declaring Joseph R. Biden the next President.
No sooner had I posted the first installment of this series of columns when events overran its contents. Yesterday the Washington Post released the audio recording of a sixty-plus minute telephone conversation Donald Trump had the day before with the Secretary of State of Georgia, Brad Raffensperger. Raffensperger, a Republican, and Trump have been at odds for weeks. Trump insisting that he won the vote in Georgia but was the victim of massive vote fraud and Raffensperger, noting that he supported and voted for Trump, certifying that Biden was the victor by a margin of 11,779 votes.
When I heard it, my thoughts immediately turned to the first time I heard Richard Nixon’s voice on a recording discussing the Watergate break-in. He was considering having the CIA block the FBI from investigating the connection between the burglars of the headquarters of the Democratic National Committee and the Nixon reelection committee.