60 Years of Progress On the Brink of Destruction

Supreme Court Justice Anthony Kennedy announced his retirement today in an open letter to “President” Trump, 2nd place finisher in votes cast in the last presidential election, which McConnell promised us “the people” would speak to whom they wanted. Hillary Clinton got three million more votes.

I am despondent.

I am despondent even though in all 5-4 decisions put out this year, 14 of them, Kennedy voted with the conservatives on each one. But, in each case, he represented the only hope.

We all know the power of the Supreme Court, going all the way back to Alexis de Tocqueville who once wrote that virtually anything of any substance touching government and American life will run a course through the Supreme Court. For years, Anthony Kennedy did come through on some major decisions, primarily having to do with gay marriage, women’s issues (he co-authored Casey and the “undue burden”), and some criminal matters.

Now, even Kennedy will be gone, and it happened on a day in which the Supreme Court overturned a 40 year old decision which allowed public employees to unionize. There is a principle (supposedly) in Supreme Court law that once declared, it is settled, stare decisis – for those who insist that speaking Latin makes them sound smarter. “It is decided.” Forty years in the life of the Court is nothing, and yet it took a court with Anthony Kennedy only forty years to “undecide” something needed to do away with unions.

What’s next?

To my sisters, I am so sorry. Women will be the ones who bear the brunt of the next wave of authoritarianism in this country. The next decision, one which had been “decided,” Row v. Wade, will be on the radar screen from day one. But, as we’ve seen in the gerrymandering cases (Texas just got away with its unforgivable gerrymandered districts), Citizens United, and who knows how many others, the “5th vote” can turn the entire fabric of the country upside down. What would the country look like had McCain Feingold (prohibiting soft money political donations) not been overturned? That gives you just an idea.

Chuck Schumer must now campaign like he is running for president, he must go around the country rallying people to action, let the Republicans know that they will pay severely if they go forward before November. He must demand the same courtesy “afforded” the Republicans in 2016.

And he will lose.

McConnell’s victory is complete. Whereas Obama recognized the importance of keeping balance upon the court in his nomination of Merrick Garland, Trump will find another Neil Gorsuch, and with McConnell having conveniently done away with the 60 vote traditional requirement for a Supreme Court justice, will pave the way for someone that fits the Scalia, Alito, Gorsuch mode, and absorb all the hypocrisy one can rightly heap upon them. They will suck it up gluttonously, giggling, they did it. They got away with it. Not only did they steal the court, but they stole it for 30 years, minimum.

Chief Justice Roberts just became “the swing vote.”

God help us all.