Tag: Amy Coney Barrett

Monday Musings, October Surprise Edition

My vote for 2020 is in …

W.J. Astore

The real October surprise is that there is no surprise. Trump or Biden will win, meaning Wall Street, Big Finance, and the Military-Industrial Complex win. (Biden is on record as saying he would increase defense spending!) All you “little people,” whether you’re for Trump or Biden: you lose.

My dad, born in 1917 and a survivor of the Great Depression, used to remind me you need three things in life: A roof over your head, three square meals, and clothes to keep you warm. (Nowadays, given the high cost of getting sick, I’d add health care coverage.) How sad is it that America may soon face a massive eviction crisis, and is already seeing people hungry in the streets, even as Wall Street booms? (Yes, I know America has had trouble housing and feeding people for decades — and it’s only getting worse.)

Amy Coney Barrett was picked for one reason, and one reason alone: Her mentors and handlers know how she will vote in the future. So much for judicial independence.

When you think about it, there shouldn’t be “liberal” or “conservative” justices. Each justice should interpret the law based on her understanding of it informed by her conscience. If this were true, justices would be more or less unpredictable in their rulings. But the justices are hopelessly politicized, rendering “justice” politicized as well.

Speaking of justice, Amy Coney Barrett is a friend of corporations; she’s also uncertain whether global warming even exists. Does this sound like a person with a strong conscience, someone who will fight for equality under the law?

What does it mean that the U.S. military is still at war in Afghanistan and elsewhere, but that few Members of Congress even attempt to exercise oversight of the same, let alone make an attempt to end these wars?

I got my ballot this weekend. Faced with a choice of voting for Biden and Harris versus Trump and Pence, I wrote in Tulsi Gabbard and Bernie Sanders, in that order. It’s the only way I couldn’t waste my vote.

Tulsi would make a great president. Young, insightful, smart, she’s taken a critical stance against the military-industrial complex and wants to end America’s awful regime-change wars. Bernie would make a terrific vice president. Seasoned, dedicated, he could focus on domestic policy while Tulsi remakes U.S. foreign policy. Imagine if Bernie really could advance his essential policies: Medicare for all, a $15 minimum wage, free college education, relief of student debt, and so on. Gabbard and Sanders are the closest candidates to my positions, so I voted for them.

There are still plenty of good people in the USA, but callousness and cruelty are on the rise. Who knew that as the Covid-19 death toll soars past 200,000 to approach possibly as high as 400,000 by the new year, so many people would just shrug collectively and then consider voting for a man who so disastrously mismanaged the pandemic response? Trump — what a loser!

Speaking of Trump, is he even our president? As near as I can tell, he’s spent most of his presidential days golfing, tweeting, attending rallies, signing statements and holding them up like a child, and traveling to and from his various resorts. America’s next authoritarian autocrat will be far less lazy and spoiled — and far more dangerous to the world.

Even the Law is Dead in America

Amy Coney Barrett (the one not clapping)

W.J. Astore

This snippet just showed up in my email (courtesy of the Boston Globe):

Supreme Court nominee Amy Coney Barrett declared Monday that Americans “deserve an independent Supreme Court that interprets our Constitution and laws as they are written,” encapsulating her conservative approach to the law that has Republicans excited about the prospect of her taking the place of the late Justice Ruth Bader Ginsburg before Election Day.

Now, I know this is coded talk. The idea of a close and literal reading of the U.S. Constitution and related laws is meant to tell conservatives that she is not an activist, that she is not liberal in any way. But it also means that she’s mainly, in a bizarre way, a clerk rather than a judge — if her statement was meant to be the truth, the whole truth, and nothing but the truth. But it isn’t.

Barrett is spouting half-truths, since conservative judges are just as activist as their liberal counterparts on the bench. They simply disguise their activism using terms like literalism, which is “strict” and “conservative” and allegedly in keeping with what the Founders intended, as if we can be mind-readers. And even if we could be mind-readers, hasn’t the world changed a lot in roughly 250 years?

Look, I’m a historian, not a lawyer. I’m no expert on judging the law, but I can view the law in historical terms. And in those terms the law is organic, not static, as is our understanding of it. Put differently, the law should be made and remade for us, not we for the law. Because we’re human, we’re imperfect, the societies we create are imperfect, and so too are the laws we create.

Our goal should always be to form a more perfect union, to grow in understanding and compassion. Such is also true of the law. If all these judges do is to issue rulings simply on what is written in the documents before them, why do we even need a Supreme Court?

A static system of laws based on the writings of men who lived 250 years ago is not only unwise: it’s inhuman. Even the law is dead in America.

Update (10/13/20):

I used “literalist” when “textualist” and “originalist” seem to be the preferred terms for this judicial approach.

But judicial literalism echoes the Biblical literalism that is consistent with this judicial approach: the idea the Bible, like the law, should be read plainly, literally, based on the text, with no changes based on new scholarship.

It’s a mindset, an alleged quest for certainty through “simple” readings, but what it’s really all about is a deference to authority figures in the here-and-now who claim to know how to make these “simple” readings. And when they do, these readings are always in their favor.

Surprise! God favors a conservative patriarchy, just as the law does. Who knew?

Update 2 (10/14/20)

It beggars belief that an educated adult in America would have no firm opinion on climate change. Heck, even Trump has admitted there’s a human component to the same. But Amy Coney Barrett says she has no “firm views” on climate change; meanwhile, her father has been a lawyer with Shell Oil for decades. And a major case involving Shell on climate change is pending before the Supreme Court. Coincidence? See this article by David Sirota & Co.

https://www.dailyposter.com/p/upcoming-scotus-climate-case-involves

What’s sad about these sham senate hearings is how nominees like Kavanaugh and Barrett end up effectively perjuring themselves with their answers. I know: I’m not a lawyer and technically it’s probably not perjury. But they essentially answer questions dishonestly in their quest to be confirmed. Here’s an example:

https://www.theguardian.com/us-news/2020/oct/13/kamala-harris-amy-coney-barrett-senate-hearing

Finally, a friend made two fine points about Barrett. The first is she’s smart with the law; the second is she’s a person of faith. But what kind of smarts, and what kind of faith? Smarts that are limited, uninformed by compassion and an appreciation for the human condition, can be sterile. Faith that is rigid and shaped by a patriarchal church can be hidebound, conveying certainty and a holier-than-thou attitude.

The Pick Is In: Amy Coney Barrett

W.J. Astore

As expected, President Trump has selected Amy Coney Barrett for the Supreme Court. Intellectually, she’s qualified. But any candidate supported strongly by Trump’s evangelical base is suspect. The reason is simple: evangelicals wouldn’t support her if they weren’t confident of her opposition to Roe v. Wade. And Trump has indeed gone on the record as predicting she will be instrumental in overturning it.

Amy Coney Barrett, it’s fair to say, is a conservative Catholic. I can relate to her because into my early 20s I was a church-going Catholic. (I even carried a Catholic study bible to church.) Following the lead of the church, I thought abortion was wrong, and I tended to have a holier-than-thou attitude about it. Except in cases of rape or incest or the life of the mother, I saw no reason to publicly fund abortions. If I recall correctly, I accepted the church’s teaching that life begins at the moment of conception.

My problem was conflating my personal religious beliefs, guided by Catholic dogma, with politics and public policy. Put bluntly, I was mixing religion with politics, as if my religion had all the right answers for all Americans. But I got over it. I met more people of different religions, traveled, read a lot, got my master’s and doctorate (focusing on relations between science and religion in historical terms), and realized my personal religious beliefs should neither intrude nor interfere with the rights and privileges and beliefs of my fellow citizens.

Amy Coney Barrett will doubtless say all the right things at her Senate confirmation hearing. She’ll affirm that her religious beliefs won’t determine or even shape her decisions on the law; she won’t say how she’ll rule on Roe v. Wade, but she’ll affirm that she respects judicial precedent; she’ll affirm she’s a believer in judicial restraint; in brief, she knows the drill at these hearings.

But all this won’t be the full truth. She’s not the dream pick of evangelicals because she’s unbiased and disinterested. They know from her record (and her personal life) she’s a critic of Roe v. Wade. They also know she can be counted on to rule in favor of moneyed interests. For example, if she votes against Obamacare, as her record indicates she will, the richest Americans will see a financial windfall (they will effectively get a substantial tax cut). She can be counted on to deliver for the richest among us as well as for evangelicals and conservative Catholics, else she wouldn’t have been picked to begin with.

Two more items of interest. The conservative Catholic organization she belongs to is rather retrograde, to put it mildly, in arguing for a nuclear family of heterosexuals with the man as the “head” of the family. Homosexuality is seen as aberrational and sinful, which is how I saw it when I was carrying my Catholic study bible around. Again, all the evangelicals who support Barrett know exactly where she stands here. Finally, while being pro-life, she is also a strong supporter of gun rights and the Second Amendment.

So there you have it. Amy Coney Barrett is much like I was when I was in my early 20s. Back then I thought I had a lot of life’s answers right there in my holiest of books, and I was unafraid to suggest that public policy should be informed, if not determined, by my personal religious beliefs. But I grew up. Trump’s evangelical friends are counting on the fact that Barrett remains what she’s always been: a conservative Catholic loyalist whose religious views will very much inform how she rules from the bench.

So, goodbye to Roe v. Wade. Goodbye to Obamacare and health care for millions. Hello to a land in which corporations as “citizens” will have even more power than before. A 6-3 conservative majority on the Supreme Court will say this is justice — until the rest of us say otherwise.