Court Cowards Create Constitutional Crisis
A preview of American life under fascism
September 2nd, 2021
Bryan Zepp Jamieson
They did the deed in the dead of night, of course. The Court refused to issue a stay on a state bill that was blatantly unconstitutional; so egregiously so that it wasn’t until 24 hours later that they issued a paper—NOT a ruling, saying that five of the nine justices decided not to issue the stay. It was cowardly, it was despicable, and it was exactly what we expected from the GOP’s decades-long struggle to pack the Court with anti-Constitutional fascists. The ones that McConnell herded onto the court were especially bad—a drunk, a child of a deeply corrupt family, and a god-struck loon.
The bill, a product of Texas’ demented and nearly criminal legislature, made it a felony to get an abortion after 6 weeks. Never mind that hundreds of similar bills, put up by obsessive religious nuts, have been struck down by court after court after court as being unconstitutional: this 5-4 joke of a Supreme Court decided to not do its job and let the bill stand. This is a court that has no interest at all in the law, precedent, or the Constitution. It is an outlaw, criminal court, interested only in securing power for the churches.
An even more insane element of the bill—and this could only happen in Texas, a state that is fucking nuts by design—is that it effectively deputizes every citizen to turn in any woman or doctor who tries to skirt this law in any way, with a $10,000 bounty!
Maybe those crazy Texans will arrest God: over two thirds of all abortions are spontaneous. He kills tens of millions of blobs every year. Be sure to call the state snitch line to report God and collect your $10,000.
The law that the Court pretended to ignore is insane and unfair and violates the rights of women, but that’s not the worst of it.
The worst is that the Court has reintroduced the policy of Nullification. Anyone who has taken American history knows the term (and it will probably vanish from American history books if the CRT crowd have their way and remove anything from history books that they don’t like). It was the belief, prior to the Civil War, that states had the right to nullify any federal law that they felt violated their state constitution, or they just found inconvenient, like the notion that Americans of African descent needn’t be slaves. The Civil War pretty much settled that dispute, but decades later it emerged from the fever swamps of the Koch right wing as “State’s Rights.” Ask a right winger if states’ rights isn’t just a painted over version of nullification, and if he even has the faintest clue what you’re talking about, he’ll turn himself inside-out trying to explain they have nothing in common. One is a relic of the first constitution, the Articles of Confederation, where the states could tell the feds to butt out, and the second is a relic of the first constitution, the Articles of Confederation, where the states could tell the feds to butt out. See? Nothing at all alike!
The Articles of Confederation basically created a shell of a nation consisting of thirteen sovereign states. States were free to impose tariffs, have wildly differing laws, and there was no basic system of rights for the people nor powers for the government. Instead of one nation, it was thirteen little pisspot nations, just sitting there waiting to be gobbled up by the French, the English, or even the Spanish like popcorn.
The Constitution of 1787 repudiated that, declaring itself to be the Supreme Law over the states, and giving the federal judiciary the power to negate state laws that violated the Constitution. More stuff you won’t be hearing about if they get rid of the CRT stuff.
In effect, Nullification repeated the errors of the Articles. It took a Civil War to bury that particular vampire idea. And in more recent times, the power of the federal judiciary enjoyed the support of both parties and most of the citizenry. So they buried the idea under a bunch of pseudonyms, such as states’ rights, or community standards, and now, with an outlaw Supreme Court, the notion that the Court can just ignore any state law it doesn’t want to consider, no matter how egregiously unconstitutional that law may be on the very face of it.
This court is the result of fascists, led by Mitch McConnell and former president AAX, to stuff the court with fascists, in addition to the two clowns already there; Clarence Thomas, for years the least qualified judge to sit on the court, and John Roberts, a weak conservative who thinks the far right is just as respectful of the law as the rest of the country, despite all evidence to the contrary. Add the three disgraces forced on us by Mitch McConnell, the GOP, and the malevolent AAX, and you have a recipe for disaster.
Congress must act on this. Impeach the unqualified most recent appointees, all of who deliberately and maliciously lied to get their seat. Failing that, pack the court, 15 if need be, to negate the damage the fascists of the GOP have done.
And an aroused citizenry can do wonders to make the GOP back off. Fascists may be determined, but at heart they are sneaky little cowards. They might back down. For now.
In the meantime, point to Texas, and point to Afghanistan, and warn people that this is what we all can expect under religious authoritarian rule.