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Posts Tagged ‘CLARENCE THOMAS’

THE RIGHT’S NEXT TARGET: THE RIGHT TO PRIVACY

In Bureaucracy, History, Law, Law Enforcement, Medical, Politics, Social commentary on June 29, 2022 at 12:12 am

“If anyone reproaches me and asks why I did not  resort  to the  regular courts  of justice, then all  I can say is this: In this hour I was responsible for the fate of the German people, and thereby I became the Supreme Judge of the German people!”

That was how Chancellor—not yet Fuhrer-–Adolf Hitler justified his June 30, 1934 purge of his private army, the brown-shirted S.A. It has gone down in history as “The Night of the Long Knives.”

Adolf Hitler

It took five “Supreme Judges” of the American people to purge the right to abortion for millions of American women—including victims of rape and incest.

Hitler’s “blood purge” carried Germany yet another step closer to Nazi dictatorship. Similarly, the Supreme Court has carried the United States yet another step closer to a Republican dictatorship.

In the past, the Supreme Court has made decisions that have blackened its reputation in the eyes of historians.

One of these occurred in 1857, in what has become known as the “Dred Scott decision.” The Court decided 7–2 that neither Scott nor any other person of African ancestry could claim citizenship in the United States.

The case centered on slaves Dred and Harriet Scott and their children, Eliza and Lizzie. The Scotts claimed that they should be granted their freedom because Dred had lived in Illinois and the Wisconsin Territory for four years. Slavery was illegal in those jurisdictions, and their laws said that slaveholders gave up their rights to slaves if they stayed for an extended period.

Dred Scott photograph (circa 1857).jpg

Dred Scott

Chief Justice Roger B. Taney ruled that freeing Scott and his family would “improperly deprive Scott’s owner of his legal property.” 

As despicable as the Dred Scott decision was, it nevertheless lay grounded in the existing laws of that time. The Court did not reverse an earlier ruling. Millions who were already enslaved were kept enslaved. But it did not extend slavery throughout the country.

The Court’s reversal of Roe v. Wade set a huge and dangerous legal precedent.

On January 22, 1973, the Court had struck down virtually every anti-abortion law in the country. On June 24, 2022, it overturned that decision.

It went, in effect, from having expanded freedom of choice to suddenly abolishing itAnd the Justices did so in the single most intimate aspect of a woman’s life.  

Once people have tasted a benefit, they expect it to continue. When President Barack Obama fought to secure passage of the Affordable Care Amendment (ACA) Republicans repeatedly and savagely tried to prevent its becoming law.

And once it became law, Republicans continued to try to overturn it. They knew that if millions of poor and middle-class Americans finally won the right to obtain medical care, they would support it as wholeheartedly as they did Medicare, Social Security and the Civil Rights Act.

For 49 years, Republicans made ending the right to abortion their key issue for gaining and holding elective office. It won them cheers, votes and monies from the Religious Right and powerful Right-wing forces such as Fox News.

Now, suddenly, they have attained their objective. Millions of women will no longer be able to obtain an abortion in cases of rape or incest—let alone because of a failed condom or birth control pill. 

Nor is that the only right the Justices intend to revoke.  

In his concurring opinion, Justice Clarence Thomas said that the Roe decision should prompt the Court to reconsider all of this Court’s substantive due process precedents. And he named the three landmark decisions that established those rights.

Clarence Thomas official SCOTUS portrait.jpg

Clarence Thomas

According to Kenji Yoshino, Professor of Constitutional Law at the New York University School of Law: 

“The Ninth Amendment says that there are unenumerated [implied] rights in the Constitution. And those include things that we take for granted every day, like the right to vote, the right to marry, the right to travel.

“These are all rights that are nowhere enumerated explicitly in the constitution but that we nonetheless take for granted as Americans.

“One of the most shocking things about [the Court’s] opinion was that these unenumerated rights will only be respected if they are deeply rooted in this nation’s history and traditions. And so it essentially said that if the framers of the 14th Amendment in 1868 didn’t recognize the right and question that the right didn’t have constitutional existence.

“And so that’s what leads Justice Thomas and that concurrence, to see an opening to say, ‘Well, maybe we’ll get rid of not just the right to abortion, but also the right to same-sex marriage, the right to sexual intimacy and the privacy of your home, and even the right to contraception.'” 

Thomas, says Yoshino, is inviting lower courts to reach that conclusion. He is also inviting Right-wing litigants to bring cases which can eventually reach the Supreme Court.

Thomas is in effect saying that once this happens, the right to same-sex marriage, contraception and privacy can be struck down by the Court—just as it has struck down the right to abortion.

Mark Antony, speaking in William Shakespeare’s “Julius Caesar,” had it right: “The evil that men do lives after them.”

WHEN TYRANTS FACE RETRIBUTION: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on June 22, 2022 at 12:12 am

The United States Marshals Service is now charged with protecting the nine Justices who comprise the Supreme Court of the United States.

Deputy U.S. marshals have had decades of experience in protecting Federal judges, members of Congress and organized crime witnesses

As protectors, they are probably best-known as the operators of the Justice Department’s Witness Security Program. Launched as part of the Organized Crime Control Act of 1970, they have successfully protected and relocated thousands of endangered organized crime witnesses.

But there are significant differences between the security provided for Mafia witnesses and that being provided for Supreme Court Justices.

While a witness is testifying, s/he receives 24-hour protection from five to a score of marshals. Since visits to courthouses are especially dangerous, marshals often use deception as a vital weapon in keeping their charges alive.

A caravan of marshals cars, with sirens blaring, will pull up to the front of a courthouse, with a deputy playing the role of the witness. While all eyes (including those of mob assassins) are focused on this, a postal truck will enter the building through an underground passage. Inside: The witness and one or two guards dressed as mailmen.

U.S. Marshals Service, Career Opportunities, Duties

A witness security detail

Helicopters and speedboats have also been used to transport witnesses to and from court.

In at least one case, marshals installed Joseph “The Animal” Barboza, the most-feared Mafia hitman in New England, in a fortified room inside the courthouse. When it came time to testify, he would be brought into the courtroom through the judges’ elevator. 

But once testifying is completed, the marshals no longer offer 24-hour protection. Instead, they provide witnesses (and their wives and children, if there are any) with new names, Social Security numbers, driver’s licenses and other records supporting their new identities. 

Then they are shipped off to a new state where—hopefully—they can start their lives over on the right side of the law and safe from their enemies.

Thus, round-the-clock protection by the marshals isn’t intended to be permanent. 

But in the case of at least six Supreme Court Justices this may well prove different. These are the ones who are preparing to strike down Roe v. Wade and re-criminalize abortion for millions of women.

To prevent attacks on the Justices at the Supreme Court, an eight-foot, “non-scalable” fence now surrounds the building.

Fencing Goes Up Around US Supreme Court - YouTube

Once a long-held fundamental right is revoked, anger toward those responsible becomes the natural reaction. And for some people, that anger can easily flare into violence.

Thanks to the Supreme Court’s January 22, 1973 Roe decision, abortion has been legal throughout the United States for 49 years. Those who have been born since can’t recall a time when it was a criminal offense.

On June 8, Nicholas John Roske, 26, of Simi Valley, California, was arrested by deputy U.S. marshals near Justice Brett Kavanaugh’s house in Maryland after threatening to kill the Justice. He was armed with a Glock 17 pistol, ammunition, a knife, zip ties, pepper spray and duct tape.

In this case, the marshals had been alerted by Roske’s threat. But the truly dangerous assassin is one who doesn’t announce his intentions and simply acts on them.

Knowing you are so hated that people want to murder you creates huge psychological pressures on those threatened. Some people become prisoners of their own bodyguard, venturing out only when absolutely necessary. 

Others adopt a “Live it up, because tomorrow I may die” attitude. They chafe at the security regimen imposed on them, sometimes even trying to elude their protectors.

Security specialists for the Marshals Service have warned countless witnesses: “You’ve got to realize that your life’s in danger.  Keep your eyes open. Use your head.  Don’t lie to us. Stay close to us. 

“Keep us apprised of everything that’s going on.  Suppose you’re sitting out on your balcony and you see something flash. What could it be?  A pair of binoculars?  A rifle-scope?  Be aware of your position, and help us protect you.” 

Presidents have been protected by the United States Secret Service since 1901, when Vice President Theodore Roosevelt became the first Chief Executive to be assigned agents.

Logo of the United States Secret Service.svg

Before this, three Presidents had been assassinated—Abraham Lincoln (1865); James A. Garfield (1881) and William McKinley, Roosevelt’s predecessor (1901).

In 1963, John F. Kennedy would become the fourth.

Two attempts were made on Gerald Ford (1975) and, in 1981, Ronald Reagan was seriously wounded.

As a result, it’s unthinkable that a President would not be guarded round-the-clock. 

But no Supreme Court Justice has ever been assassinated.

Justices have been able to come and go as they please, without even being recognized by the vast majority of citizens they affect with their rulings.

That will soon change—at least for those who intend to strike down Roe. They will become familiar faces—for those who hate them. Already, their home addresses have been splashed across the Internet.

At least 13 states will automatically ban abortion in the first and second trimesters if Roe is overturned. This will create legions of new enemies for the Justices. And there will be no end-date to this hatred.

Which means the Justices will likely live in fear—and under heavy armed guard—for the rest of their lives.

WHEN TYRANTS FACE RETRIBUTION: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on June 21, 2022 at 12:13 am

Tyrants know they lack legitimate authority–and so they must live behind armed guards and high fences. They constantly fear being overthrown–or killed.

“It was only years later, when I was imprisoned at Spandau, that I really understood what it must be like to live each day under such intense psychological pressure,” Albert Speer, architect and Minister of Armaments to Adolf Hitler, told Playboy during a 1971 interview.

“Looking back on Hitler’s physical environment in his military bunkers in Berlin and Rastenburg, I realized how similar the atmosphere was to a prison—immense concrete walls and ceilings, harsh electric light instead of daylight, iron doors and iron grilles over the few windows.  

“Even Hitler’s brief strolls through the barbed wire perimeters, surrounded by armed guards and police dogs, resembled a convict’s exercise in the jail yard. Hitler had turned all of Europe into a prison, but he had become its leading prisoner.”

Albert Speer and Adolf Hitler 

Bundesarchiv, Bild 183-V00555-3 / CC-BY-SA 3.0, CC BY-SA 3.0 DE <https://creativecommons.org/licenses/by-sa/3.0/de/deed.en&gt;, via Wikimedia Commons

At least six Justices of the United States Supreme Court have joined Adolf Hitler as prisoners of their own bodyguard.

In the past, Justices came and went as ordinary citizens did. Occasionally they made a controversial decision, but then the uproar died down and everything stayed the same.

It took the alleged gutting of Roe v. Wade to change all that.

On May 2, Politico published a leaked draft of the Supreme Court majority decision in Dobbs vs. Jackson Women’s Health Organization that would explicitly overturn Roe v. Wade.

In doing so, it would end the Court’s 49-year-old decision guaranteeing a woman’s right to obtain an abortion. 

Reaction was swift—and devastatingly angry. 

Threats of violence against the Justices have poured in—especially the six Right-wing ones behind the decision:

  • Amy Coney Barrett
  • Brett M. Kavanaugh
  • Clarence Thomas
  • Samuel A. Alito
  • Neil M. Gorsuch and 
  • John J. Roberts. 

Supreme Court defies critics with wave of unanimous decisions - ABC News

Justices of the Supreme Court

As a result, all nine Justices have been given extra security through the U.S. Marshals Service.

The marshals have had decades of experience in protecting Federal organized crime witnesses, members of Congress and Federal judges. So the odds are that the Justices will remain safe from violent attack. 

The question that remains to be answered: How well will they hold up under the intense pressures of facing potential violence—and having to live under constant guard? 

Almost immediately after Politico published its article on the Justices’ decision to overturn Roe, an eight-foot steel fence went up around the Supreme Court building. All entry points were blocked to vehicles and police patrols were beefed up.

United States Marshals Service - Wikiwand

As if that were not claustrophobic enough, the Justices’ home addresses were quickly shared online.

Justices have received threatening phone calls at their homes.

The group, “Ruth Sent Us”—named in honor of deceased Supreme Court Justice Ruth Bader Ginsburg—planned a protest at what it called “the homes of the six extremist justices.”

“ANNOUNCING: Walk-by Wednesday, May 11, 2022! At the homes of the six extremist justices, three in Virginia and three in Maryland. If you’d like to join or lead a peaceful protest, let us know,” the website stated. 

“Our 6-3 extremist Supreme Court routinely issues rulings that hurt women, racial minorities, LGBTQ+ and immigrant rights. We must rise up to force accountability using a diversity of tactics.” 

The group even published a Google Maps graphic pinpointing homes “where the six Christian fundamentalist Justices issue their shadow docket rulings from.

“We intend to stop the corruption of our Supreme Court, and stop the spread of fascist laws,” the group said. “Instead of waiting for the extremist Court to strip our rights further, we must rise up now.”

In Virginia, where three of the six justices live, protesting outside a private home is illegal.

Justice Samuel Alito, author of the draft majority opinion, canceled a scheduled appearance in Nashville, and the other justices are also cutting back on public events. 

Meanwhile, the Court has been thrown into a frenzy of self-investigation to discover who leaked the upcoming decision.

Far more attention has been paid to this by the Justices than to the enormous implications for millions of American women if abortion once becomes a criminal act. Chief Justice John Roberts publicly said: “To the extent this betrayal of the confidences of the court was intended to undermine the integrity of our operations, it will not succeed.” 

Not all protests were aimed at the Justices. 

Ruth Sent Us also planned to target Catholic churches on Mother’s Day—telling followers to protest “that six extremist Catholics set out to overturn Roe.” It published a video of churchgoers trying to kick out protesters who interrupted a service, chanting, “Without this basic right, women can’t be free — abortion on demand and without apology.”

The Catholic group, CatholicVote, demanded that President Joe Biden condemn Ruth Sent Us for targeting Catholic churches and disrupting Mass on Mother’s Day. 

Joe Biden presidential portrait.jpg

Joseph Biden

Biden, a lifelong Catholic, strongly favors abortion rights.  

The U.S. Marshals Service has operated the Witness Security Program for threatened organized crime witnesses since 1970. Of its approximately 19,100 participants, none have been killed who followed its guidelines.

But there are serious differences between the security afforded Mafia witnesses—and that being accorded Supreme Court Justices.

WHEN FASCISTS BECOME TARGETS

In Bureaucracy, Entertainment, History, Politics, Social commentary on May 9, 2022 at 12:10 am

In 1942, two British-trained Czech commandos assassinated SS Obergruppenführer (General) Reinhard Heydrich.

A tall, blond-haired former naval officer, he was both a champion fencer and talented violinist. Heydrich joined the Schutzstaffel, or Protective Squads, better known as the SS, in 1931, and quickly became head of its counterintelligence service.

Reinhard Heycrich

In September, 1941, Heydrich was appointed “Reich Protector” of Czechoslovakia, which had fallen prey to Germany in 1938 but whose citizens were growing restless under Nazi rule.

Heydrich immediately ordered a purge, executing 92 people within the first three days of his arrival in Prague. By February, 1942, 4,000-5,000 people had been arrested.

In January, 1942, Heydrich convened a meeting of high-ranking political and military leaders to streamline “the Final Solution to the Jewish Question.”  

At the now-infamous Wannsee conference, Heydrich decreed that, henceforth, all Jews in Reich-occupied territories would be shipped to extermination camps. No exceptions would be made for women, children or the infirm.  

An estimated six million Jews were thus slaughtered.

Returning to Prague, Heydrich continued his policy of carrot-and-stick with the Czechs—improving the social security system and requisitioning luxury hotels for middle-class workers, alternating with arrests and executions.  

The Czech government-in-exile, headquartered in London, feared that Heydrich’s incentives might lead the Czechs to passively accept domination. They decided to assassinate Heydrich.  

Two British-trained Czech commandos—Jan Kubis and Joseph Gabcik—parachuted into Prague. 

Unexpectedly, they got help from Heydrich himself. Supremely arrogant, he traveled the same route every day from home to his downtown office and refused to be escorted by armed guards, claiming no one would dare attack him.

On May 27, 1942, Kubis and Gabcik waited at a hairpin turn in the road always taken by Heydrich. When Heydrich’s Mercedes slowed down, Gabcik raised his machinegun–which jammed.

Rising in his seat, Heydrich aimed his revolver at Gabcik—as Kubis lobbed a hand grenade at the car. The explosion drove steel and leather fragments of the car’s upholstery into Heydrich’s diaphragm, spleen and lung.

Hitler dispatched doctors from Berlin to save the Reich Protector. But infection set in, and on June 4, Heydrich died at age 38. 

The assassination sent shockwaves through the upper echelons of the Third Reich. No one had dared assault—much less assassinate—a high-ranking Nazi official.

Nazis had slaughtered tens of thousands without hesitation—or fear that the same might happen to them. 

Suddenly they realized that the fury they had aroused could be turned against themselves.

Adolf Hitler introducing his new cabinet, 1933

Members of the Nazi government

Which brings us to the leaders of America’s own Right-wing.

The names of infamous Nazis were widely known:

  • Reichsmarshall Hermann Goering;
  • Propaganda Minister Paul Joseph Goebbels;
  • Deputy Fuhrer Rudolf Hess;
  • Propaganda Film Director Leni Riefenstahl;
  • SS-Reichsfuhrer Heinrich Himmler;
  • “Hanging Judge” Roland Freisler;
  • Architect Albert Speer;
  • Foreign Minister Joachim von Ribbentrop;
  • SS Obergruoppenfuhrer Reinhard Heydrich; and
  • The most infamous Nazi of all: Adolf Hitler.

And so are the names of the infamous leaders of the American Right: 

  • Senate Minority Leader Mitch McConnell;
  • Supreme Court Justice Amy Coney Barrett;
  • Texas Senator Ted Cruz; 
  • Supreme Court Justice Clarence Thomas;
  • Commentator Tucker Carlson;
  • Supreme Court Justice Neil Gorsuch;
  • Evangelist Franklin Graham;
  • Supreme Court Justice Brett Kavanaugh;
  • Florida Senator Marco Rubio;
  • Supreme Court Justice Samuel Alito; 
  • Florida Governor Ron DeSantis; and
  • The most infamous Right-winger of all: Former President Donald Trump.

The difference between these two infamous groups is this:

In Nazi Germany, ordinary Germans could not learn about the personal lives of their dictators—including their home addresses—and to conspire against them.

In the United States, ordinary citizens have an array of means to do this. They can turn to newspapers, TV and magazines. And if that isn’t enough, “people finder” websites, for a modest price, provide addresses and names of relatives of potential targets.

In Nazi Germany, firearms were tightly controlled. In the United States, the Right’s National Rifle Association has successfully lobbied to put lethal firepower into the hands of virtually anyone who wants it.

Which brings us to the firestorm now erupting over the publication of an initial draft majority opinion of the Supreme Court. Backed by the Court’s five Right-wing Justices, it overturns the 1973 Roe v. Wade decision legalizing abortion.

The Supreme Court: The Judicial Power of the United States | NEH-Edsitement

The Supreme Court

In one to two months, millions of women will likely become victims of Right-wing anti-abortion fanaticism.

According to the Center for Reproductive Rights, 23 states will institute bans, with trigger laws on the books in 13 of them. These are bans designed to take effect if Roe is overturned.

Republicans boast that they want to “get the government off the backs of the people.” Yet since 1973 they have furiously tried to re-insert it into the vagina of every American woman.

Interfering with the right to obtain medical care—especially when it applies to sexually-involved matters—is an act guaranteed to arouse fury in even the most pacifistic men and women. 

This is especially true when a political party—such as that of the Nazis and Republicans—makes clear its intention to rule by force, rather than by public consent.

Reinhard Heydrich believed himself invulnerable from the hatred of the enemies he had made. That arrogance cost him his life.

The day may soon come when America’s own Right-wingers start learning the same lesson.

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