Judicial Coup


Greg McDonald
 


Farans Kalosar
 

I think that is certainly possible,  Today's WaPo has several pieces on the trend, including this sensationally scary piece--quoted here in part so as to constitute "fair use;"  AMong other things, wemight consider whether, if bourgeois democracy is a total sham,why so much energy is being directed toward its destruction.  

Has all this been dictated infallibly by the ruling-class Court of Owls?  

What sort of comeback is possible?  


Democracy advocates raise alarm after Supreme Court takes election case


Voting rights advocates expressed alarm Friday, a day after the U.S. Supreme Court said it will consider a conservative legal theory giving state legislatures virtually unchecked power over federal elections, warning that it could erode basic tenets of American democracy.

 

The idea, known as the “independent legislature theory,” represents to some theorists a literal reading of the Constitution.

But in its most far-reaching interpretation, it could cut governors and state courts out of the decision-making process on election laws while giving state lawmakers free rein to change rules to favor their own party. The impact could extend to presidential elections in 2024 and beyond, experts say, making it easier for a legislature to disregard the will of its state’s citizens.


This immense power would go to legislative bodies that are themselves undemocratic, many advocates say, because they have been gerrymandered to create partisan districts,


Greg McDonald
 



On Sat, Jul 2, 2022 at 9:50 AM Farans Kalosar <fkalosar101@...> wrote:
I think that is certainly possible,  Today's WaPo has several pieces on the trend, including this sensationally scary piece--quoted here in part so as to constitute "fair use;"  AMong other things, wemight consider whether, if bourgeois democracy is a total sham,why so much energy is being directed toward its destruction.  

Has all this been dictated infallibly by the ruling-class Court of Owls?  

What sort of comeback is possible?  


Democracy advocates raise alarm after Supreme Court takes election case


Voting rights advocates expressed alarm Friday, a day after the U.S. Supreme Court said it will consider a conservative legal theory giving state legislatures virtually unchecked power over federal elections, warning that it could erode basic tenets of American democracy.

 

The idea, known as the “independent legislature theory,” represents to some theorists a literal reading of the Constitution.

But in its most far-reaching interpretation, it could cut governors and state courts out of the decision-making process on election laws while giving state lawmakers free rein to change rules to favor their own party. The impact could extend to presidential elections in 2024 and beyond, experts say, making it easier for a legislature to disregard the will of its state’s citizens.


This immense power would go to legislative bodies that are themselves undemocratic, many advocates say, because they have been gerrymandered to create partisan districts,



“As The Lever’s reporting has shown, today’s cataclysmic ruling (though slightly narrower than it could have been) is part of a larger judicial coup fueled by dark money that has bought both sides of the justice system — the petitioners and the arbiters.

This coup — which has received far less attention than the January 6 plot — features a cadre of unelected judges appointed by popular vote losers now commandeering control of the government. It has resulted in the evisceration of protections for voterswomenworkersconsumersretirees, and now every living thing on the entire planet.“


Mark Baugher
 

On Jul 2, 2022, at 2:16 AM, Greg McDonald <gregmc59@...> wrote:

Forget Jan 6, are we experiencing a judicial coup?

https://theintercept.com/2022/06/30/supreme-court-epa-climate-charles-koch/?fbclid=IwAR2dXlhyV7aSuD9P9L2mWpqGmgaUHS2mpSZuBi4oz4fsKLDlLOR5vqVfBes
This has been fifty or sixty years in the making. https://www.greenpeace.org/usa/democracy/the-lewis-powell-memo-a-corporate-blueprint-to-dominate-democracy/ is a "blueprint" from a future Supreme Court Justice to his friend and neighbor in the US Chamber of Commerce. He had a particular animosity towards the environment movement of the day. About the same time, Milton Friedman wrote that a corporation's single duty was to maximize return to shareholders; everything else was the responsibility of the government. By the end of the 70's, a call for small government became an central principle for the movement that Justice Powell had envisioned.

The popular appeal to their "blueprint" has always been thin and had to be beefed up: Anti-abortion activists are famous for caring about exactly one issue, they care about "life" unlike the rest of us; also enrolled were gun fetishists, evangelicals led by US-style religious entrepreneurs, and eventually white supremacists, right-fringe paramilitaries and christian nationalists have become valued members of the coalition.

The Republican coalition is now the dog that caught the car and must deliver things to their expanded base. Will it motivate the base to achieve greater electoral victory? Or will there be a severe reaction leading to an opposing mass movement and electoral defeats? Maybe what's happening is that all of their dreams are coming true according to the ancient Chinese curse. It depends on how we respond. Unfortunately, we have to relearn what was forgotten from over a half-century ago: Last night, 50 people marched through downtown Portland and smashed windows and damaged a church in protest of the Supreme Court decision. One side forgot lessons of the past while the other side has not.

Someone (I don't remember who) recently wrote that the Supreme Court is now doing what they have done through most of US history: Ignoring the parts of the US Constitution and established laws that they don't like, that don't fit with the blueprint. That's less of a coup than business as usual.

Mark