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Posts Tagged ‘FIVETHIRTYEIGHT’

“LINCOLN”: A MESSAGE FOR TODAY

In Bureaucracy, Entertainment, History, Law, Military, Politics, Social commentary on July 22, 2022 at 12:18 am

Steven Spielberg’s Lincoln is more than a mesmerizing history lesson. 

It’s a timely reminder that racism and repression are not confined to any one period or political party.

At the heart of the film: Abraham Lincoln (Daniel Day-Lewis) wants to win ratification of what will be the Thirteenth Amendment to the United States Constitution. An amendment that will forever ban slavery.  

True, Lincoln, in 1862, had issued the Emancipation Proclamation. This–in theory–freed slaves held in the Confederate states that had seceded from the Union in 1861.  

But Lincoln regards this as a temporary wartime measure.  he fears that once the war is over, the Supreme Court may rule the Proclamation unconstitutional. This might allow Southerners to continue practicing slavery, even after losing the war.

To prevent this, Congress must pass an anti-slavery amendment.

But winning Congressional passage of such an amendment won’t be easy.

The Senate had ratified its passage in 1864.  But the amendment must secure approval from the House of Representatives to become law.

And the House is filled with men–there are no women menmbers during the 19th century–who seethe with hostility.

Some are hostile to Lincoln personally. One of them dubs him a dictator–Abraham Africanus.” Another accuses him of shifting his positions for the sake of expediency.

Other members–white men all–are hostile to the idea of “equality between the races.” To them, ending slavery means opening the door to interracial marriage–especially marriage between black men and white women. 

Perhaps even worse, it means possibly giving blacks–or women–the the right to vote.

In fact, the possibility that blacks might win voting rights arises early in the movie.  Lincoln is speaking to a couple of black Union soldiers, and one of them is unafraid to voice his discontent. He’s upset that black soldiers are paid less than white ones–and that they’re led only by white officers.

He says that, in time, maybe this will change.  Maybe, in 100 years, he guesses, blacks will get the right to vote.

(To the shame of all Americans, that’s how long it will eventually take.  Not until the passage of the Voting Rights Act of 1965 will blacks be guaranteed legal protection against discriminatory voting practices.)

To understand the Congressional debate over the Thirteenth Amendment, it’s necessary to remember this: In Lincoln’s time, the Republicans were the party of progressives

The party was founded on an anti-slavery platform.  Its members were thus reviled as “Black Republicans.” And until the 1960s, the South was solidly Democratic.

Democrats were the ones defending the status quo–slavery–and opposing freed blacks in the South of Reconstruction and long afterward.  

In short, in the 18th century, Democrats in the South acted as Republicans do now. The South went Republican only after a Democratic President–Lyndon B. Johnson–rammed the Civil Rights Act of 1964 through Congress.

Watching this re-enactment of the 1865 debate in Lincoln is like watching the current Presidential campaign.  The same mentalities are at work:

  • Those (in this case, slave-owners) who already have a great deal want to gain even more at the expense of others. 
  • Those (slaves and freed blacks) who have little strive to gain more or at least hang onto what they have. 
  • Those who defend the privileged wealthy refuse to allow their “social inferiors” to enjoy similar privileges (such as the right to vote). 

During the 2012 Presidential race, Republicans tried to bar those likely to vote for President Barack Obama from getting into the voting booth.  But their bogus “voter ID” restrictions were struck down in courts across the nation. 

Listening to those opposing the amendment, one is reminded of Mitt Romney’s infamous comments about the “47%”:

“Well, there are 47% of the people who will vote for the president no matter what….

“Who are dependent upon government, who believe that–that they are victims, who believe that government has a responsibility to care for them, who believe that they’re entitled to healthcare, to food, to housing, to you name it.  But that’s–it’s an entitlement.  And the government should give it to them.” 

Put another way: “Who says people have a right to obtain medical care, food and housing?  If they can’t inherit unearned wealth the way I did, screw them.” 

In the end, it’s Abraham Lincoln who has the final word–and leaves his nation the better for it.  Through diplomacy and backroom dealings (trading political offices for votes) he wins passage of the anti-slavery amendment. 

The ownership of human chattel is finally an ugly memory of the American past. 

The movie closes with a historically-correct tribute to Lincoln’s generosity toward those who opposed him–in Congress and on the battlefield.  It occurs during Lincoln’s Second Inaugural Address:

“With malice toward none, with charity for all….To bind up the nation’s wounds.  To care for him who shall  have bourne the battle, and for his widow and his orphan….”  

This ending presents a vivid philosophical contrast with the increasingly mean-spirited rhetoric and policies of 2016’s Republican candidates for President–especially those of Donald Trump.  

Watching Lincoln, you realize how incredibly lucky America was as a nation to have had such leadership when it was most urgently needed.

WHY REPUBLICANS WILL WIN IN 2022–AND 2024: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Medical, Politics, Social commentary on July 21, 2022 at 12:10 am

Democrats want to believe a day will come when all races, colors and creeds will live together in harmony. Their policies aim at creating that sort of society.

Republicans have turned “illegal alien” into a battle cry. 

This is especially true when inflation is high, jobs and housing are scarce, and local schools and hospitals are crammed with illegal aliens—who, by law, shouldn’t even be in the country.

Moreover, the “illegal alien” tagline often allows Republicans to sidestep criticism on even the most outrageous of their actions. 

Example: The case of a 10-year-old Ohio girl who was raped—and had to travel to Indiana to obtain an abortion after the Supreme Court overturned Roe. v. Wade. 

Ohio has a “heartbeat” law making abortion a crime after a fetal heartbeat is determined—usually within the first six weeks.

Davidson County Commissioners approve "heartbeat" resolution on abortions

For Ohio’s Republican legislators and governor, the “rights” of a fetus far outweigh those of an actual human being—even if she is a child.

Ari Fleischer, former press secretary for President George W. Bush, recently said on Fox News that the girl’s illegal alien rapist from Guatemala was the villain, not the fetal heartbeat law.

“The agenda is to allow people to come into America without having to come here legally. If you start pointing things out like this, it makes it a moral question. And that’s why the press doesn’t want to face up to the fact it’s a moral issue that people should not be allowed in America unless they come here legally.”    

Perhaps the most fatal reason why Democrats consistently lose elections: They believe—or want to believe—that voters are creatures of rationality. 

Republicans learned long ago that most voters aren’t moved by appeals to their rationality. Instead, what counts with them is emotions—such as fear.

From the end of World War II in 1945 to the collapse of the Soviet Union in 1991, the Enemy of Choice for Republicans was the Communists.

Millions of Americans were so pathologically frightened by “The Red Menace” that any Democratic politician libeled as a “Communist,” “Comsymp,”  “fellow traveler” was considered at least a potential traitor, if not an actual one.

Among the Republican politicians who rode to victory on a wave of Red hysteria: Richard Nixon and Joseph McCarthy 

Even as late as 1992, President George H.W. Bush and the Republican establishment charged that Arkansas Governor Bill Clinton might be a KGB plant. Their evidence: During his tenure at Oxford University in 1969-70, Clinton had briefly visited Moscow—and thus might have been turned into a “Manchurian Candidate.”

After the collapse of the Soviet Union, Right-wingers had to settle for attacking their opponents as “liberals” and “soft on crime.” But these charges didn’t carry the same weight as “Communists” and “traitors.”

Then, on September 11, 2001, Republicans—and their Right-wing supporters—at last found a suitable replacement for the Red Menace: The Maniacal Muslim.

The World Trade Center on Septemeber 11, 2001

Led by President George W. Bush, Republicans used fear of Muslims to con and bully the nation into a needless, bloody, budget-busting war on Iraq.

The most immediate danger facing Democratic candidates: Their unwillingness to fight fire with fire.

Example 1: Republicans are now organizing a nationwide effort to suppress voter turnout among blacks and liberals.

Yet Democrats are not making any similar effort to suppress Right-wing turnout. Nor is the Biden Justice Department indicting those Republicans responsible for their anti-democratic efforts.

Example 2: On January 6, 2021, President Donald Trump—supported by at least 144 Republicans in the House and Senate—incited a treasonous coup to remain in office. This despite the overwhelming evidence that he had lost the 2020 election to Joseph Biden.

More than a year and a half has passed, and not one major Republican supporting such treason has been indicted for that infamy. Let alone tried, convicted and imprisoned.  

The single biggest reason for the coming Democratic rout lies in the Biden administration’s toleration of Donald Trump’s continuing campaign of lies.

Trump continues to spread The Big Lie that he was robbed by a vast conspiracy—although not one of the more than 60 cases his lawyers brought before Federal judges proved this true. 

Trump should have been indicted for treason by no later than mid-2021. Even then, the evidence was overwhelming that he had instigated the coup attempt. He’s clearly preparing to run again for President in 2024.

An indictment for treason would cast a heavy—if not fatal—blow to that decision. At the very least, Trump would be forced to mount a feverish—and expensive—defense.

And even many of his most fanatical supporters would question the wisdom of voting for a man who might well become a Federal prison inmate.

America now stands at the point where the German Weimar Republic stood in 1932: With an aged President (Paul von Hindenburg) unable—or unwilling—to cope with a surging Fascistic movement (led by Adolf Hitler). 

The results of that collective failure destroyed Germany and left 60 million dead around the world.

The United States cannot afford to make that same fatal mistake.

WHY REPUBLICANS WILL WIN IN 2022–AND 2024: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Medical, Politics, Social commentary on July 20, 2022 at 12:10 am

There are many reasons why Democrats consistently lose elections.

A major one: Democrats believe that people can be better than they are—and, given the chance, want to become better than they are.

Republicans realize that most people like themselves as they are—and don’t want to change. At least, not in the altruistic ways Democrats envision.

If they want to change anything about themselves, it’s strictly at the materialistic level: More money, lower prices, more big-ticket toys. 

Susan Page, Washington Bureau Chief for USA TODAY, summed up the popularity of the “Greed Appeal” to voters on the March 13, 2020 edition of “Washington Week in Review”:

“USA Today has conducted a poll about the economic concerns that are out there….And Congress—you’re seeing fear in this country about the economy.

“In fact, when we did this poll this week about how Americans’ lives have been affected by the Coronavirus, people expressed more concern about the economic and financial effect than they did about the health effect. And you know, that goes to why this matters so much to President Trump.

“How many voters have you talked to who said, you know, I don’t really like President Trump’s tweets, but I like what I see happening in my 401(k)?  And when they look at their 401(k) this week, it may not look quite as bright as it did before.”

Democrats expect people to rise above their worst selves and embrace a higher, altruistic cause—civil rights, abortion rights, healthcare for all.

Republicans look for those who are comfortable in their racism, their greed, their hatred for women. They don’t try to reform them—they encourage them in their racism, greed and misogyny. 

This began long before Donald Trump became a Presidential candidate in 2016.

When Richard Nixon announced his candidacy for President in 1968, he pursued what was euphemistically termed “a Southern strategy.”

In reality, this was aimed to exploit whites fear and hatred of blacks.

In a now-infamous 1981 interview, Right-wing political consultant Lee Atwater explained how this worked.

“You start out in 1954 by saying, ‘Nigger, nigger, nigger.’ By 1968 you can’t say ‘nigger’—that hurts you, backfires. 

“So you say stuff like, uh, forced busing, states’ rights, and all that stuff, and you’re getting so abstract.

“Now, you’re talking about cutting taxes, and all these things you’re talking about are totally economic things and a byproduct of them is, blacks get hurt worse than whites….

“‘We want to cut this,’ is much more abstract than even the busing thing, uh, and a hell of a lot more abstract than ‘Nigger, nigger.’ 

“So anyway you look at it, race is coming on the back burner.”

Lee Atwater 1989.jpg

Lee Atwater

But blacks have by no means been the only targets—and victims—of Republican hate campaigns. A partial list of these would include:

  • Liberals
  • Women
  • Socialists
  • Secularists
  • Disabled
  • Environmentalists
  • Hispanics
  • Gays
  • Lesbians

And now transgenders.

Republicans are experts at inciting hatred—and reaping huge gains in power as a result.  

There can be no better example of a politician who has played successfully on the hatred of American voters than Donald Trump. If Barack Obama was the 2008 candidate of “Hope and Change,” then Trump was the 2016 candidate of “Hate and Fear.” 

From June 15, 2015, when he launched his Presidential campaign, until October 24, 2016, Trump fired almost 4,000 angry, insulting tweets at 281 people and institutions that had somehow offended him. 

Donald Trump

The New York Times needed two full pages of its print edition to showcase them. 

Among his targets:

  • Hillary Clinton
  • The New York Times 
  • President Barack Obama
  • CNN
  • Actress Meryl Streep
  • The Washington Post
  • Singer Neil Young
  • Democrats
  • Actor Arnold Schwarzenegger
  • Republicans
  • Comedian John Oliver
  • The State of New Jersey
  • Beauty pageant contestants

Others he clearly delighted in insulting during the campaign included:

  • Women
  • Blacks
  • Hispanics
  • Asians
  • Muslims
  • The disabled
  • Prisoners-of-war

Democrats want to believe a day will come when all races, colors and creeds will live together in harmony. Their policies aim at creating that sort of society.

Republicans know that most people instinctively feel comfortable with those who most resemble themselves. And they don’t seek out those who differ from themselves.

That’s why—in schools and prisons—whites sit mostly with whites, blacks sit mostly with blacks, and Hispanics sit mostly with Hispanics.

And if most Americans feel uncomfortable with fellow Americans who don’t resemble themselves, they are even more intolerant toward foreigners who don’t.

This is especially true when inflation is high, jobs and housing are scarce, and local schools and hospitals are crammed with illegal aliens—who, by law, shouldn’t even be in the country.

For these Americans, the Democrats’ “Kumbaya” message of love and tolerance falls on deaf ears. By contrast, Republicans’ cries of “Get rid of the illegal aliens!” ring loud and clear.

Related image

Illegal aliens crossing into the United States

Moreover, the “illegal alien” tagline often allows Republicans to sidestep criticism on even the most outrageous of their actions. 

Example: The case of a 10-year-old Ohio girl who was raped—and had to travel to Indiana to obtain an abortion after the Supreme Court overturned Roe. v. Wade. 

WHY REPUBLICANS WILL WIN IN 2022–AND 2024: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Medical, Politics, Social commentary on July 19, 2022 at 12:11 am

If you’re wondering what’s going to happen during the mid-term elections this November—and what will happen during the Presidential election of 2024—you can stop wondering.

The Democrats are going to lose—first the House (and maybe the Senate) on November 8. Then they’re going to lose the Presidential election on November 5, 2024.

Why?

Because Republicans understand the darker sides of human nature far better than Democrats—and don’t hesitate to take full advantage of them.

Democrats believe that people can be better than they are—and, given the chance, want to become better than they are.

Republicans realize that most people like themselves as they are—and don’t want to change. At least, not in the altruistic ways Democrats envision.

If they want to change anything about themselves, it’s strictly at the materialistic level: More money, lower prices, more big-ticket toys.

They may claim concern for others, but if given a choice between their pocketbook and a higher goal, most will vote for their pocketbook.

A first-rate example of this appeared on The PBS Newshour on July 15, during an exchange between conservative New York Times columnist David Brooks and Jonathan Capehart, associate editor for the Washington Post.

Brooks and Capehart on the future of abortion rights, government funding brinkmanship | PBS NewsHour

David Brooks (left) and Jonathan Capehart (right) on the PBS Newshour

Host William Brangham led off the exchange:

“I want to switch, Jonathan, to this issue of the continued fallout of the Supreme Court overturning Roe v. Wade. And Democrats seem to believe that this could be one of the things that might give them at least some trace of a fighting chance in the midterms.

“And we saw we this week this sort of horrendous case of a young 10-year-old girl who had been raped. She got pregnant. She then had to leave her state [Ohio] and go to another state [Indiana] where abortion would still be allowed.

“And GOP officials tried to make hay of it. They doubted that that story really existed. The local [Attorney General] said, we’re going to go after the doctor that performed this.

“Do you think that—that issue and the extremity of the way that this is being handled will actually benefit Democrats?”

Capehart: “It should. The idea that we’re talking about violence against a child, and then being forced by the state to give birth to this child, going to another state so she can terminate that pregnancy, and then being persecuted and prosecuted by the state for doing that….

Pennsylvania Child Abuse Recognition and Reporting - 2 Hours For $20

“We are in “Handmaid’s Tale” territory here. We are turning into Gilead. And if there are people out there who are upset by the Supreme Court decision, by what Republican legislators around the country in states and localities are doing to further restrictions and bans on abortion.

“I don’t know what else could push people to the polls more than not just being stripped of a constitutional right, but having your right to — right to freedom, right to privacy, right to liberty not just taken away, but local officials doing everything they can to ensure that you don’t have autonomy over your own body.

“If that doesn’t get people out to the polls, I don’t know what will.”

Brangham then turned to Brooks

“I mean, David, this was an incredibly extreme case, in some ways crystallized the sharpness and the horribleness of this division in this country.

“Do you think it will redound to the Democrats’ benefit?”   

Brooks:  “A little, but, frankly, not much.

“Now, abortion rights defenders, they should pursue their cause with the passion that they’re bringing to it….

“But there’s just a giant gap between what a lot of Democrats want to talk about and what the whole rest of the country wants to talk about. And if you ask people, what’s the most important issues, progressives want to talk about abortion and guns.

“The entire rest of the country, independents, conservatives, unaffiliated people, they want talk about the economy. And, for them, the economy is way up here. Jobs are number one. Inflation is number two.

The Sin of Greed - How It Destroys Your Life

“And so why is Joe Biden at 33 percent approval in the latest Times poll? It’s the economy. Why in the same poll do half of Hispanics support the Republicans now? The economy. These are earthquake numbers for Democrats…..

“But if Democrats, if they’re not talking about economic policy every day, then they’re just not talking about the policy that is clearly ranking number one with a vast majority of voters.”

No Republican has appealed more directly to greed as a motivator than Donald Trump.

On August 23, 2018, Trump, as President, offered additional evidence that he’s “not like other people.” He did so by giving an unprecedented reason why he shouldn’t be impeached: “I tell you what, if I ever got impeached, I think the market would crash, I think everybody would be very poor.”  

White House Press Secretary Sarah Huckabee Sanders doubtless spoke for millions of Trump supporters when she said, on June 4, 2018:

“Since taking office, the President has strengthened American leadership, security, prosperity, and accountability. And as we saw from Friday’s jobs report, our economy is stronger, Americans are optimistic, and business is booming.”

REPUBLICANS: TURNING INFORMERS INTO HEROES

In Bureaucracy, History, Law, Law Enforcement, Medical, Politics, Social commentary on July 18, 2022 at 12:10 am

You can’t understand what’s happening in Texas—and other states where abortion is now banned as a crime—without knowing the story of Pavlik Morozov.

Pavel Trofimovich Morozov—better known by the diminutive Pavlik—was born on November 14, 1918. Until his 13th birthday, he did nothing to win the status of a Hero of the Soviet Union.

Then his chance came—in 1932, at the height of Soviet dictator Joseph Stalin’s campaign to confiscate the grain of millions of Soviet peasants.

Stalin intended to convert the backward Soviet Union into a major industrial power within a decade. Central to this: Turning land privately farmed by peasants into collective farms which would be “great factories of grain.”

Morozov was a dedicated Communist who led the Young Pioneers at his school and supported Stalin’s forced collections policies.

In 1932, at the age of 13, Morozov reported his father, Trofim, to the political police, the GPU—the forerunner to the KGB.

According to one account,, Trofim, the chairman of the Gerasimovka Village Soviet, had been “forging documents and selling them to the bandits and enemies of the Soviet State” (as the sentence read).

Another account charges him with hoarding grain.

Pavel Morozov.jpg

Pavlik Morozov

Trofim Morozov was sentenced to 10 years in a labor camp. There his sentence was changed to execution, which was carried out.

On September 3, 1932, Pavlik’s infuriated uncle, grandfather, grandmother and a cousin murdered him, along with his younger brother. 

Only the uncle escaped arrest by the GPU’s sentence to “the highest measure of social defense”—execution by a firing squad.

Soviet authorities quickly turned Pavlik Morozov into a Communist martyr. He became a subject for readings, plays, songs, a symphonic poem, a full-length opera and no fewer than six biographies.

The goal of these efforts: To encourage other Soviet children to inform on their parents.

Which brings us, appropriately enough, to 2022 America—and the June 24 Supreme Court decision overturning Roe v. Wade, the Court’s historic decision legalizing abortion in 1973. 

For Right-wing states dominated by Republican governors and/or legislatures, it isn’t enough to forbid women in their states to get abortions. They insist on preventing them from terminating their pregnancies (even in cases of rape and/or incest) in states where abortion is legal.  

And key to making this a reality is turning America into a nation of Pavlik Morozovs.

Even before the Supreme Court handed down its infamous decision, Missouri gave the nation a foretaste of what was to come.

A first-of-its-kind proposal from Missouri lawmakers allowed private citizens to sue anyone who helped a Missouri resident obtain an abortion.

This included the out-of-state physician who performed the procedure to whoever helped transport a person across state lines to a clinic.

Republican state Rep. Mary Elizabeth Coleman admitted that her measure specifically targeted a Planned Parenthood clinic in Illinois just across the river from St. Louis that opened in 2019 with the stated goal of serving Missouri patients.

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Mary Elizabeth Coleman

“If you believe as I do that every person deserves dignity and respect and protection whether they’re born or unborn, then of course you want to protect your citizens, no matter where they are,” Coleman told POLITICO.

“If a Missouri resident is hurt, even in Illinois, by a product that they bought in Illinois, there is still jurisdiction for them to sue in a Missouri court because that’s home for them … and this is extending that same kind of thought to abortion jurisprudence.”

This totally ignores the huge difference between unknowingly buying a defective product that causes harm and knowingly seeking a medical procedure.

Abortion pills—now the most popular method of terminating a pregnancy in the United States—are also a target of Republican-dominated states.

Several states including Texas have moved to ban prescribing the drugs via telemedicine and sending them by mail to people’s homes. Many others are looking to implement similar bans in the wake of the Biden administration’s move earlier this year to loosen restrictions on the pills.

Anti-abortion-rights activists claim they can’t eliminate all abortions without deterring travel across state lines. They blame pro-choice advocates who are raising money to help people terminate a pregnancy in another state. 

“You have a very aggressive industry working on helping people circumvent pro-life laws,” said Kristi Hamrick with Students for Life of America, which has chapters lobbying for restrictions in all 50 states. “So the conversation in Missouri and other locations is in direct response to that.” 

In post-Roe America, a woman’s cell phone can also become her legal undoing.

Pin on Literatuuropdracht Nederlands

Digital period tracking apps could be used against them. As a result, many experts advise removing them from cell phones.

More than 100 million women use period tracking applications. They help predict the date of the next period, the ovulation period, and track the signs of premenstrual syndrome. Dozens of applications are available.

And if you want to talk about abortion online in Texas, remember: Doing so on Facebook or Twitter could hurt you. 

Texas residents could find themselves in legal hot water for sharing a Facebook or Twitter post on how to get an abortion or holding an online fundraiser for someone seeking one.

Thus Texans, who have long prided themselves on their independence from authority, have become a state filled with informers hoping to get rich quick by invading the privacy of others.

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.”

THE WILD CARD IN THE ABORTION RIGHTS BATTLE

In Bureaucracy, Business, History, Law, Law Enforcement, Medical, Politics, Social commentary on June 28, 2022 at 12:10 am

On June 24, the Supreme Court did what millions of Right-wing Americans had wanted it to do for 49 years: Strike down Roe v. Wade, holding there is no longer a Constitutional right to abortion.

The opinion was the one that almost every American recognized, and set a huge precedent for revoking a right that had been enshrined in law since 1973.

It will unleash seismic changes in the United States unseen since, on May 17, 1954, the Court declared segregation illegal in Brown v. Board of Education of Topeka.

From now on, abortion rights will be determined by states. Half of these have already passed or will soon pass laws that ban abortion. Other states have enacted measures strictly regulating under what circumstances it can be legally performed.

Still other states have moved to strengthen their laws allowing the procedure.  

Roe was egregiously wrong from the start,” Justice Samuel Alito wrote in his majority opinion. “Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.” 

U.S. Supreme Court building-m.jpg

The Supreme Court

Actually, it was not Roe that “enflamed debate and deepened divisions” but the nearly 50-year campaign by the (largely Christian) Right to deny women control of their bodies.

For abortion foes, the Millennium has arrived. For its defenders, the United States has entered a new Dark Ages. Yet the war over abortion may well be far from over. 

The states certain to ban or severely restrict the right to abortion are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, Wyoming. 

Those states guaranteeing a woman’s right to abortion: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kansas, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington. 

The following states do not ban or protect the right to abortion in their constitution: Indiana, Nebraska, New Mexico, Pennsylvania, South Carolina, Virginia. 

At present, both abortion supporters and opponents assume that:

  • Women seeking abortion in states where it is banned will have to flee to states where it is legally allowed; and
  • Those states where it is banned will aggressively try to prevent those women from leaving to obtain an abortion, or punish them when they return.

Both of these assumptions—in many cases—may turn out to be wrong. 

Why?

Because they both leave out the wild card in this ongoing war over reproductive rights: The 326 Indian reservations in the United States.  

A Bureau of Indian Affairs map of Indian reservations belonging to federally recognized tribes in the continental United States

Reservations exist in states that ban abortion—and in those that permit it. For women seeking abortions in states where it is banned, these reservations may play a pivotal role in their ability to obtain that service.

The reason: The United States Constitution recognizes that tribal nations are sovereign governments, just like Canada or California.

That means that tribal governments can determine their own governance structures, pass laws, and enforce laws through police departments and tribal courts.

There are Indian reservations in the following states that will ban or severely restrict the right to abortion: Arizona, Florida, Idaho, Iowa, Louisiana, Michigan, Mississippi, North Dakota, South Dakota, Utah, Wisconsin, Wyoming.

Consider the implications of this for abortion-banning states:

  • Arizona has 18 Indian reservations. One spans into Utah.
  • Colorado has two, one of which spreads into Utah
  • Florida has two.
  • Idaho has eight.
  • Louisiana has three. 
  • Michigan has seven.
  • Mississippi has one.
  • Nevada has two which spread into Idaho and Utah..
  • North Dakota has six.
  • South Dakota has ten.
  • Utah has seven.

A foretaste of what may be coming can be glimpsed in the history of gambling (euphemistically called “Indian gaming”) on Indian reservations.

The first Indian casino was built in Florida by the Seminole tribe, which opened a successful high-stakes bingo parlor in 1979. Other tribes quickly followed suit, and by 2000 more than 150 tribes in 24 states had opened casino or bingo operations on their reservations.

By 2005, annual revenues had reached more than $22 billion, and Indian gambling accounted for about 25% of all legal gambling receipts in the United States. 

Millions of women are now threatened with forced pregnancy. And many lack the money to travel out-of-state to obtain an abortion. Thus, they will have strong incentive to travel within their home states—so long as there is an abortion-providing clinic on a nearby Indian reservations.

And there will be enormous financial incentives for reservations to provide such services. 

Estimates of the number of illegal abortions in the 1950s and 1960s range between 200,000 and 1.2 million. Thanks to five Right-wing Supreme Court Justices, there will be no shortage of candidates for this procedure.

And the Constitutional status of Indian reservations as sovereign nations will protect clinics operating on their lands.

Of course, some states are moving aggressively to punish women who leave their borders to seek abortion elsewhere.

That is a topic to be dealt with in an upcoming column.

NAZI PAST IS REPUBLICAN PRESENT

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on June 27, 2022 at 12:10 am

You can’t appreciate the ordeal—and the heroism—of Robert Francis “Beto” O’Rourke on May 25 if you know nothing about Roland Freisler. 

Not that O’Rourke and Freisler have anything in common.

O’Rourke, 49, represented the Texas 16th Congressional district from 2013 to 2019. A Democrat, he ran for the United States Senate in 2018 and for the Democratic presidential nomination in 2020. He is now the Democratic nominee for the 2022 Texas governorship.

Beto O'Rourke April 2019.jpg

Robert “Beto” O’Rourke 

Gage Skidmore, CC BY-SA 2.0 <https://creativecommons.org/licenses/by-sa/2.0&gt;, via Wikimedia Commons

Freisler (October 30, 1893 – February 3, 1945) was a German Nazi jurist, judge and politician who served as the State Secretary of the Reich Ministry of Justice from 1934 to 1942 and President of the People’s Court from 1942 to 1945.

His mastery of legal texts, verbal force and fanatical commitment to Nazi ideology made him the most-feared judge in Nazi Germany.  He was an admirer of Andrei Vyshinsky, the chief prosecutor of the Stalinist purge trials, and reportedly copied his demeanor. 

Friesler demanded strict penalties against “race defilement”—sexual relations between “Aryans” and “inferior races”—designating this as “racial treason.”

Between 1942 and 1945, Freisler ordered 5,000 people executed. These included approximately 200 people hanged for alleged involvement in the July 20, 1944, plot to assassinate Adolf Hitler. Ninety per cent of all cases brought before him resulted in death or life imprisonment.

Freisler’s treatment of these defendants was especially brutal and humiliating. During the trial of Erwin von Witzleben, the former field marshal tried to hold up his trousers because he had been given oversized and beltless clothing. Freisler yelled at him: “You dirty old man, why do you keep fiddling with your trousers?”

On February 3, 1945, an American bombing raid on Berlin forced Freisler to adjourn proceedings and order the prisoners before him be taken to an air raid shelter. But he stayed behind to gather files before leaving.

A bomb struck the court building, and while Freisler hurriedly gathered his documents, a masonry column crushed him. He died instantly, and his flattened remains were found beneath the rubble.

Bundesarchiv Bild 183-J03238, Roland Freisler.jpg

Roland Freisler 

Bundesarchiv, Bild 183-J03238 / 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

Among the files he clutched was that of Fabian von Schlabrendorff, a member of the July 20 plot who faced execution. Because Freisler died, Schlabrendorff, survived the war.

When Freisler was brought to Lützow Hospital, a worker commented: “It is God’s verdict.”

Now, fast forward 77 years to a different country—but the same Fascistic mentality.

On May 24, 2022, 18-year-old Salvador Ramos, armed with an AR-15 assault rifle, entered Robb Elementary School in Uvalde, Texas. He shut himself inside two adjoining classrooms and fatally shot 19 students and two teachers and wounded 17 other people. 

He remained in the school for more than an hour before members of the United States Border Patrol Tactical Unit fatally shot him.

The next day, Republican Texas Governor Greg Abbott staged a press conference in Uvalde. Joining him were Lieutenant Governor Dan Patrick, House Speaker Dade Phelan, Texas Attorney General Ken Paxton and Texas United States Senators John Cormyn and Ted Cruz.

As always happens after a gun massacre, the assembled Republicans blamed it on everything but the ready availability of military-style firearms to virtually anyone—including criminals, terrorists and the mentally ill.

“Inevitably when there’s a murder of this kind, you see politicians try to politicize it, you see Democrats and a lot of folks in the media whose immediate solution is to try to restrict the constitutional rights of law-abiding citizens,” Ted Cruz told reporters. “That doesn’t work. It’s not effective. It doesn’t prevent crime.”

Paxton similarly rejected any effort at gun control: “I’d much rather have law-abiding citizens armed and trained so that they can respond when something like this happens because it’s not going to be the last time.”

This totally ignored the fact that armed Texas police, knowing they were facing a man armed with an AR-15 assault rifle, waited more than an hour to enter the school.

O’Rourke was having none of it. He had become outraged about gun violence after a 2019 mass shooting in his hometown, El Paso, killed 23 people.

About 15 minutes after Abbott began speaking to the media and fellow Republicans onstage, O’Rourke moved to the third row of the Uvalde High School auditorium. When Abbott concluded his comments and introduced Patrick, O’Rourke rose and walked to the stage and spoke directly to Abbott. 

Beto O'Rourke confronts Gov. Greg Abbott at news conference on Uvalde, Texas school shooting - YouTube

“The time to stop the next shooting is right now, and you are doing nothing,” O’Rourke said. “You are offering up nothing. You said this was not predictable. This was totally predictable when you choose not to do anything.” 

Republicans onstage furiously reacted.

Cruz: “Sit down and don’t play this stunt.”

Patrick: “You’re out of line and an embarrassment.”

Uvalde Mayor Don McLaughlin: “I can’t believe that you’re a sick son of a bitch that would come to a deal like this to make a political issue.” 

Police escorted O’Rourke out of the room. Just as some defendants had dared to warn Freisler he would face trial for war crimes, O’Rourke had a similar warning for Abbott:

“This is on you until you choose to do something different,” O’Rourke said, as he was escorted out of the room.

“This will continue to happen. Somebody needs to stand up for the children of this state or they will be continue to be killed just like they were killed in Uvalde yesterday.”

It remains to be seen whether history will hold Greg Abbott as accountable for mass deaths as it has Roland Freisler.

DONALD TRUMP’S GREATEST CRIME–AND HOW TO COMBAT IT: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on June 24, 2022 at 12:10 am

“At the time of the Civil War [white anger and resentment] took the form of Southern white men angry at the idea that the federal government would interfere with their right to own black slaves.

“Today, I think this takes the form of white people who believe that black and brown people are making gains, or getting special treatment, at their expense,” warns Nina Silber, co-president of the Society of Civil War Historians.

And California Democratic Representative Maxine Waters believes this anger could lead to civil war: “Since his first day in office, [Donald Trump] has spent four years abusing his power, lying, embracing authoritarianism (and) radicalizing his supporters against democracy.

“This corruption poisoned the minds of his supporters, inciting them to willingly join with white supremacists, neo-Nazis and paramilitary extremists in a siege of the United State Capitol building, the very seat of American democracy.”

Coverage of Capitol Attack Generates Millions of YouTube Views for TV Networks | Next TV

Attack on the Capitol Building

But there is a way to abort that danger—provided that those who cherish democracy are willing to employ weapons as effective as those used by the Right.

Case in point: The FBI’s successful war on the Ku Klux Klan.

Klansmen had shot, lynched and bombed their way across the Deep South, especially in Alabama and Mississippi. Many Southern sheriffs and police chiefs were Klan sympathizers, if not outright members and accomplices.

On June 21, 1964, three civil rights workers disappeared in Philadelphia, Mississippi. 

President Lyndon B. Johnson called J. Edgar Hoover, the legendary director of the FBI, and ordered an all-out investigation: “I want you to have the same kind of Intelligence [on the Klan] that you have on the communists.”

Related image

Poster for missing civil rights workers

For decades, Hoover had refused to tackle white hate groups. And, in truth, no President had been willing to give him the order to do so. But now a President had given him such an order.

In August, the FBI uncovered the bodies of the three missing civil rights activists—Michael Schwerner, Andrew Goodman and James Chaney.

On September 2, 1964, the Bureau launched a full-blown counterintelligence program against the Klan—COINTELPRO—WHITE HATE in FBI-speak. 

Tim Weiner, author of Enemies: A History of the FBI, chronicles the methods used by the Bureau:

“WHITE-HATE intensified in the fall of 1964. It involved all the techniques in the FBI’s long-running attack on the Left. Once a week….FBI agents interrogated all known members of the White Knights of the KKK, blaming other Klansmen for being snitches and naming names, sowing deep suspicion among Klan members. Few knew who was an informer and who was not. 

A Ku Klux Klan meeting

“The FBI dangled small fortunes before potential Klan informers, offered outright bribes to Klansmen who could serve as double agents inside state and local police forces, planted bugs and wiretaps in Klaverns, carried out black bag jobs to steal membership lists….”   

Other tactics included:

  • Contacting the news media to publicize arrests and identify Klan leaders;
  • Informing the employers of known Klansmen of their employees’ criminal activity, resulting in the firing of untold numbers of them;
  • Breaking up the marriages of Klansmen by circulating rumors of their infidelity among their wives.

“My father fought the Klan in Massachusetts,” recalled William C. Sullivan, who headed the FBI’s Domestic Intelligence Division in the 1960s. “I always used to be frightened when I was a kid and I saw the fiery crosses burning in the hillside near our farm. 

“When the Klan reached 14,000 in the mid-sixties, I asked to take over the investigation of the Klan.  When I left the Bureau in 1971, the Klan was down to a completely disorganized 4,300.  It was broken.

“They were dirty, rough fellows. And we went after them with rough, tough methods.”  

William C. Sullivan

According to Neil J. Welch, the retired Special Agent in Charge (SAC) of the FBI’s Buffalo, New York office:

In a rural county near Natchez, two Klansmen threatened to kill the next FBI agent who came to town. Agent Paul Cummings organized a squad of G-men and visited the Klansmen’s favorite bar. He dared the Klansmen to back up their threat. When none appeared, Cummings shot out the bar’s windows. There were no more threats on FBI agents in that area.

“A Klan Bureau of Investigation (KBI) was created to counter the FBI, and its members placed the wives and children of agents under surveillance, harassing them with taunts and anonymous phone calls,” wrote Welch in his memoir, Inside Hoover’s FBI.

“It was a serious miscalculation. The most dangerous members of the KBI were systematically identified and assigned to agents selected solely because they were comparatively dangerous. The agents had full discretion. 

“During the next few months, a number of men previously involved in Klan violence around the state seemed, by remarkable coincidence, to experience misfortune. Some disappeared from the area. Some were forced to leave Mississippi for health reasons. A few took unplanned trips to places like Mexico and seemed to lose all interest in the Klan upon their return.”  

The FBI’s counterintelligence war against the Klan ended in 1971.

Only when America has a President willing to wage all-out war on the Fascistic Right will the country be safe from this enemy within.

DONALD TRUMP’S GREATEST CRIME—AND HOW TO COMBAT IT: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on June 23, 2022 at 12:11 am

to Donald Trump has left a legacy of lies, racism, criminality and treason from his four years in the White House.

But his longest-lasting—and most destructive—legacy revealed itself in the nation’s Capitol.

Every Presidential Inaugural proves a nightmarish challenge for Federal military and law enforcement agencies charged with protecting the next President and Vice President of the United States.

Inauguration of President Barack Obama – January 20, 2009

But that is not the end of their assignment.

Also needing protection are the dignitaries—members of Congress, Supreme Court Justices, invited foreign heads of state—and the crowd of thousands of onlookers attending. 

But the January 20 swearing in of Joseph Robinette Biden as President and Kamala Devi Harris as Vice President was like no other in recent American history.

The reason: The outgoing President, Donald J. Trump, had fiercely resisted the peaceful transfer of power from himself to Biden.

On November 3, 2020, 81,255,933 Democratic voters elected former Vice President Biden the 46th President of the United States. Trump, running for a second term, got 74,196,153 votes.

Since then, Trump had:

  • Refused to concede;
  • Claimed he was the victim of massive vote fraud;
  • Ordered his attorneys to file at least 60 lawsuits to overturn the election results;
  • Tried to strongarm governors and secretaries of state in contested states to give him the election; and
  • Encouraged members of the House and Senate to contest the counting of Electoral College votes.

With all of that failed, Trump played his final card to illegally gain another four years of power: He summoned thousands of his Stormtrumper followers to Washington, D.C. And, on January 6, he ordered them to “fight like hell” and “stop the steal.” 

Melania Trump 'disappointed' by Trump supporters' Capitol riot - ABC7 Chicago

Donald Trump addressing his Stormtrumpers

Tens of thousands of Stormtrumpers attacked and breached the United States Capitol. They easily brushed aside Capitol Police, who made no effort to arrest or shoot them.

Many of the lawmakers’ offices were occupied and vandalized. One Capitol police officer was killed and more than 50 others were injured.

Not until nightfall—hours later—did police finally restore order to the capitol.

That night, members of Congress once again met to count Electoral College votes—and certify Biden as the winner.

Nevertheless, Trump still refuses to concede and even attend the inauguration of his successor—something that every outgoing President has done with one exception.

In 1869, outgoing President Andrew Johnson refused to attend the inaugural ceremonies, as President-elect Ulysses S. Grant had refused to sit with him in the carriage going to it.

Early on the morning of January 20, Trump took Air Force One to his Mar-a-Lago resort in Palm Beach, Florida. He didn’t intend to meet with Biden or ask him for use of Air Force One to reach Mar-a-Lago.

As a result of the January 6 assault on the Capitol Building, Federal law enforcement braced for the worst.

Before that assault, plans had called for 10,000 National Guard troops to protect the Inaugural celebration. Now 25,000 were being deployed—more troops in Washington than in Iraq and Afghanistan. Their gear included shields for COVID and combat.

Unprecedented Amount Of Security On Capitol Hill Ahead Of Inauguration - YouTube

Installing razor wire for security at Capitol

The FBI had warned of armed protests by Right-wing groups in Washington, D.C., and in state capitols across the country. Among the precautions taken: 

  • A seven-foot, non-scalable fence—topped with barbed wire—was erected around the Capitol Hill complex. 
  • Road traffic in much of Washington was halted.
  • Streets were closed through January 21, the day after the Inauguration.
  • The closures were centered around downtown Washington, Capitol Hill, Union Station, the Lincoln Memorial, the National Mall and the White House.
  • Vehicles entering these restricted zones would be swept for weapons and explosives before being allowed to proceed.
  • Four major bridges between Virginia and Washington, D.C., would also be closed to all traffic for 48 hours.
  • National Guard troops were patrolling the city in Humvees.
  • Agents from the FBI, Secret Service, the National Parks Service, FEMA and the Washington Metropolitan Police Department provided constant security until the event concluded.

In addition,  the Joint Chiefs of Staff issued a statement that the United States Army would supply troops to ensure a smooth transition of power.

The last time Washington, D.C. saw such heavy precautions imposed was on March 4, 1861—with the First Inaugural of President Abraham Lincoln. The South had warned that the election of an anti-slavery President would mean the dissolving of the Union

There was a frightening sense of tension as rumors floated of a plot to assassinate Lincoln before or during the ceremony. 

Abraham Lincoln inauguration 1861.jpg

Inauguration of Abraham Lincoln

Historian Stephen B. Oates, in his highly acclaimed 1977 biography With Malice Toward None: The Life of Abraham Lincoln, writes:

“[The Presidential] carriage bumped over the cobblestones of Pennsylvania Avenue, part of a gala parade that featured horse-drawn floats and strutting military bands. Double files of cavalry road along the flanks of the carriage and infantry marched behind….

“And troops were everywhere, deployed by General [Winfield] Scott to guard against assassination. Cavalry on skittish horses cordoned off intersections. Infantry mingled with the sidewalk crowds, and sharpshooters peered over rooftops on both sides of the avenue. It was as though the country were already at war.”