Nice analysis of Alito’s grand slam

“Deeply rooted in this country’s history and traditionsis the standard seething reactionary Samuel Alito sets for what is permissible when the Supreme Court enumerates an unenumerated constitutional right of citizenship. Like a citizen’s unenumerated right not to be forcibly sterilized, for example, enumerated in 1942 by the Supreme Court.

He gets legal support for the argument that abortion was always illegal in this country, and thus deeply rooted, from an English aristocrat, the guy who codified procedures for witch trials in the 17th century, making it easier to execute the female minions of Satan. He cites this English Lord, Sir Matthew Hale, over and over as an unimpeachable legal authority on abortion, unimpeachable as the twice impeached Putin ally who appointed a supermajority from Alito’s judicial fraternity to decide what is deeply rooted in the history and traditions of this country (lynchings and pogroms are two that spring to mind). Hale denounced the Satanic evils of abortion in the 1640s, which is more than good enough legal authority for the Federalist Society Six.

Here’s an excellent discussion of the drive to “repeal the twentieth century” now in full, ugly swing, as a mob of top GOP officials calls for the blood of a partisan leaker of unknown allegiance, for, as many have noted, violating the sacred privacy of the Supreme Court. Talk about your fucking unenumerated rights…

Beware the silently raging

The quietly enraged are dangerous adversaries. Because they’re quiet and seemingly calm, their rage, when it gets a chance to express itself, is perhaps the most chilling kind of rage of all, because it’s so stealthily hides in seemingly unruffled quiet and seems to explode out of nowhere. This kind of rage waits for the perfect moment to quietly and inexorably express itself, rendering a final opinion that cannot be appealed. You cannot come back from the conclusions a quietly angry person imposes when they finally make their disapproval clear.

Silence itself is perhaps the single greatest weapon for expressing rage.

The beauty of silence as a weapon is that it is infinitely deniable, you cannot prove the intent of silence, it could have no intent at all. It could certainly have nothing to do with you, why is everything about you? Isn’t your interpretation of my silence just your perverse gloss on it? I said nothing, nothing, how can I have expressed any opinion on what you asked me about, you demanding dick? 

How about we put you on the defensive by not answering, by maintaining complete and total silence, and when you cry out we will point to the proof, you are a goddamn, whining hot head.   

The beautiful part about expressing rage with silence is that any unbiased observer can plainly see that the person getting upset seems to be working themselves up about nothing

Picture a ten year old black kid, going to bed every night scared, in the sudden violence of the projects, gunshots outside,  in the stairwells, no-knock warrant, undercover police, housing authority security,  gangs. Picture answering that kid’s question about the segregated poverty all around him saying, with the smug assurance of Bagpiper Bill Barr, that there’s no systemic racism in America, and its debatable that there ever was race-based slavery here, let alone a Supreme Court ruling [1] that people like you had no rights a white man was bound to respect that you were bought and sold like property because that’s what you were, nothing racist about it.

And then, silence. 

The problem of scary, inherited poverty is yours, boy, and nobody else’s.

We can go down a long list of examples of this despicable technique, but consider the quietly enraged reactionary Samuel Alito and his enraging rationale for why Jesus Christ must have the final say in US Constitutional matters, establishment clause be goddamned. You have Mitch McConnell and Ted Cruz, the other day, squealing like stuck pigs about the nefarious malefactor who leaked the Alito draft ruling that women have no rights a white man is bound to respect, the partisan far-left criminal leaker (someone like Ginni Thomas is a much likelier culprit, since the draft must now stand as it is, with no retreat!) who silently stole and leaked a confidential Supreme Court draft decision, in an effort to politicize the fairest court an emissary of Jesus Christ Himself could appoint, to defend the unborn, the rights of good people not to be exposed to perverts, to lies about good, white Christian children, etc.

Makes me wanna holler.

Into the silence of a prosecutorial judge’s quick deliberation, sentence already in hand, not making eye contact as he listens impatiently to your version of events. Lots of cases, nothing personal, I have a lot of hate in my heart, I’m not giving you eye contact as you make your case because, as you know, I am not listening, too enraged. 

Silence, the verdict and punishment already in the mail. 

[1]

Obvious Commie twaddle:

Chief Justice Roger Taney (above) bluntly and maliciously described the status of persons of African origin in the 1857 Dred Scott decision:

“[Black people] had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold, and treated as an ordinary article of merchandise and traffic, whenever a profit could be made by it.”

Alito sez

Samuel Alito, joined by four fellow extremists from the Federalist Society, states in his draft opinion that abortion was never mentioned in the Constitution, and therefore, under Originalism, may not be added as an unenumerated privacy right by activist federal judges flexing their judicial muscle, beyond appeal, beyond ethics.

Note that slavery is not mentioned in the Constitution either, except obliquely as “such persons as the states shall see fit to admit” and “three fifths of all other persons”. Nonetheless slavery was vigorously enforced at law under perfectly constitutional federal statutes like the Fugitive Slave Acts and all that followed, up to the present day.

Alito’s probably not too happy about the outcome of the Civil War and all those messy amendments giving rights to people who never had them and more powers to the federal union than the Founding Fathers, in their almost divine wisdom, provided for. His ilk believe that all unenumerated rights, like the right to vote in federal elections, are best left up to the independent state legislatures, under the poison pill doctrine set out as dicta in Bush v. Gore

Nothing activist about these five activist fucks, though. Ask Ginni Thomas.

From fucking Alito’s draft decision

The right not to undergo forced sterilization, we learn from Alito’s draft, was not recognized as a constitutional right until 1942, though it is an unenumerated right seemingly so fundamental that one would not think it needed to be enumerated.    Alito focused on constitutional rights “deeply rooted in this Nation’s history and traditions” such as, one imagines, the presumption that police killing of unarmed citizens is justified, unless that citizen is wealthy, and white, or that the Second Amendment may not be seen as a license to regulate a “well-regulated militia”, or five unelected lifetime appointees, from the same activist judicial fraternity, overruling (by a single vote) enforcement of a law protecting the right to vote that passed the Senate 98-0, because, you know, such things are deeply rooted in this nation’s history and traditions.  

It’s the quietly seething motherfuckers, like Alito, Gorsuch and the Black Klansman, that you have to watch out for. Meanwhile, the party of the five unappealable justices calls for a swift investigation of, and harsh punishment for, whatever unprincipled traitor leaked this secret document. As they obstruct “partisan” “illegitimate” investigation of a riot that stopped all business at the Capitol related to the peaceful transfer of power, the cornerstone of our democracy, because, you know — mobs of angry Blacks and women! Tax and spend! Queers! Commies!

Enough to make you angry enough to vote? Come on, now.

see also

Fair vs. Corrupt

Every child believes deeply in fairness, until the world teaches it otherwise, the kid begins picking a side in every fight and fairness becomes secondary to her team prevailing. Unfairness is universally painful, being treated unfairly hurts everybody it happens to. We all like to think we’re fair, it is a synonym for reasonable, but the fact is that adults can be fair or unfair, recognize the importance of rules to ensure fairness or defy any norm that allows any outcome they don’t want.

A reasonable person listens to a story with an open mind (to the extent possible) and assesses it as likely or unlikely based on experience and knowledge. The purely transactional listener evaluates a story based solely on how well it advances the interests he wants to advance. The mercenary listener is looking for an angle, a simple transaction, not complicated by the merits of the case, the evidence presented or that abstract quality of fairness, only how it increases advantage and enhances the desired bottom line. You have either a fairness based vision of justice, or a might makes right mentality.

You treat everyone as equal under the law or, under might makes right, you treat your friends as above the law, exempt from all legal coercion, and demand that anyone who opposes your desires be subject to the harshest of laws available (and not ruling out extra-judicial forms of discipline, which are always on the table). While you are in charge your friends and supporters don’t have to worry about any law that will stop them from acting on their strong feelings. As long as they are vocally loyal to you, you will protect them, until it is transactionally advantageous to cut them off. Because what the fuck is Fair anyway?

You can weigh the arguments on the actual facts of the case or you can weigh the arguments and frame them cleverly, to reach the desired outcome. The second way is the way of the zealot, the partisan, the political activist, the way of the Federalist Society.

The stench coming off the McConnell/Trump Supreme Court today is a reminder of how crucial nonpartisan elections are for democracy. How it is crucial to elect a few more Democratic senators, to prevent two from vetoing filibuster reform to get election and voting rights laws passed.

Norms, it turns out, don’t restrain zealots and extremists who believe only in power, and in using power to retain power (the updated definition of “conservative”). Laws can ensure a certain measure of justice, but only if they are always enforced. Selective enforcement, and the outcomes of court challenges often hinging on which party has more money to spend on an army of top lawyers, ensures rule by the most corrupt. Which, as any eight year-old will tell you, is completely unfair.

Dred Scott, y’all, the law of the land, 1857 style

Chief Justice Roger Taney bluntly and maliciously described their status in the 1857 Dred Scott decision:

“[Black people] had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold, and treated as an ordinary article of merchandise and traffic, whenever a profit could be made by it.”

Lying for the truth is no lie!

The idiot chorus continues, the insistence that any lie told to protect the higher truth is made of God’s own breath.   It is like comparing a fart to the breath of an angel.  I’m sure there are bad breathed angels dancing on the heads of pins in some pious person’s imagination, but you get my point, I think.  A lie is not a lie, people tell themselves, if you actually believe it’s true and tell it with no intent to lie, since you honestly believe it is not a lie.  This is the madness we are up against as a species, as a planet.

Certainty, for many people, is preferable to the sometimes terrible challenge of uncertainty.   What is certain is only your eventual death, but let’s put that depressing one aside.   The world is a raging mess, give me THE REASON.   You want one?  I have a pretty good single cause theory: the incomprehensible greed and egotism of our “greatest citizens” and the way they use vast, often inherited, wealth to set up influential “think tanks” and hire genius advertisers to shape public opinion and buy the laws that help them indulge their mad greed and acquire a million times more than any hundred humans need while a third of humanity is hungry, living without sanitary facilities of any kind, dying in droves every day of poverty-related illness.  

More commonly the reason given to the masses is a devilish Other, all-powerful and supremely destructive.   In one African country an ethnic group was described as parasitic insects, rodents, scum.  You want to feel better?   Take machetes and hack them to little pieces, everything will be good when they are all dead.  To Nazis it’s Jews, and Blacks, and Poles, and Gypsies, and Communists, and Homosexuals, and all inhuman enemies of Nazism.   Explains everything, all our problems, you know, that we have these subhumans sabotaging everything we do!

How do you make people hate others that they’ve never met?  Make up the ugliest lies you can think of, things that would enrage anyone and repeat them on an endless loop.   Take a page from Mr. Putin, whose enemies are always publicly accused of being pedophiles.  Tom Hanks and his degenerate liberal friends?   Well, they have these parties, as reported by the anonymous Q, who cannot be doubted, since he/she/it, being a very well-connected insider (and possibly even Russian speaking), knows things we don’t know, where these fake, smiling, insanely rich, sick bastards have group sex with children and babies.  Disgusting and evil as that is, it gets worse, much worse, somehow.  They slash these babies and lap up their blood.  THEY DRINK THE BLOOD OF THE BABIES THEY RAPE — AND EAT THEM!   To get eternal youth and power, despicable and deserving of no less than the same in return.

The calculus, I suppose, goes like this: our party has been taken over by a compulsively lying opportunist who is also very charismatic to our base and our most amazing fundraiser– and who most of the base consider a very honest, no bullshit kind of guy. So, if we lie about a many armed attack on the results of an election whose result we hate, culminating in a riot to stop the certification of and overturn that election, that gouged out police eyes and sent 140 to the hospital with grievous injuries, while threatening the lives of the lawmakers inside, and the other side is doing everything possible to expose our obstruction of their investigation, we are only doing so because WE HONESTLY BELIEVE WE ARE NOT LYING!   If we believe we’re not lying, lawyers tell us, then we lack the intent to lie, no mens rea so therefore we are not lying.  And if we are, so what?!   We will lie to cover past lies, of course, because we now believe those lies are true, we honestly believe the lie we are telling now cancels out the other lie that we now know was a lie.  When I told you I was lying, cracked Elvis Costello, I might have been lying.

Look, clearly, there is no political price to be paid for lying your ass off.  Lindsey Graham defended McConnell blocking Obama’s Supreme Court nominee for almost a year, because of the upcoming presidential election, in order to preserve the right of the People to decide who serves on our highest court.   He said it was a righteous decision he would stand behind if Republicans controlled the White House and Senate and invited them to play the tape of him if he ever changed his mind.   He supported the confirmation of the last of three Federalist Society nominees as votes were being counted in the 2020 election.  The tape of him from 2016 was played.   Everyone on the right laughed, it was pretty funny, the brazenness of it, really triggered the damned libtards!   He announced from the floor of the Senate, after Trump’s January 6 riot, that it had been a wild ride but that he was done with Trump.  Very soon afterwards he realized the taste of Trump’s ass was too irresistible, and announced that Trump was, as always, the future of the Republican Party.  Who can really say which contradictory statement of the cagey single white male from South Carolina was the lie?  And those lies are harmless compared to more recently revealed ones.  That’s why Republicans as a party now refuse to take oaths to tell the truth, if there is no legally binding promise not to lie there is no perjury!

Lying in defense of lies is no vice, after all, if you’re on the side of the goddamned angels and you truly hate evil.   USA!   USA!!!

Remember, if you believe it’s true it can’t be a lie!

This foolish idea is more prevalent than it seems. You can tell a story in a way that leaves out a few important details, minimizes cause and effect, casts hero and villain in a dramatic light that makes each one the perfection of their type. If others believe the story, that’s what actually happened, for those who believe.

Examples are virtually endless. In the age of Trump, an ocean of steroids has been poured over this human trait until now any lie you like can be spun into the highest truth. Believe it. And if you believe it, it is no lie.

Friends lie to protect their friends

A certain type of friend believes that it is always right to lie, if your friend needs you to lie. To such friends, a friend who won’t lie for a friend is no better than a fucking rat. And a judgmental fucking hypocrite rat, at that.

Back a decade or two, an elected official being caught in a lie was a shameful thing that often damaged or even ended a political career. Today public lying is interpreted transactionally, how much damage will this particular lie do to the liar in the polls, how much trouble will it make with the powers that be? One former president, pressed by an all-powerful Independent Counsel and sweated by ambitious partisans like young Boof Kavanaugh, was even impeached for lying under oath trying to cover up personal sexual misdeeds. “The US can’t have a president who is a liar!” was the pious sentiment of the elected moralists who drew up articles of impeachment against him.

Being caught in a lie was a fairly serious impediment to political ambition at one time. There was, at the very least, a steep price to pay for being caught in a lie. Clinton was publicly humiliated, graphic details of his sexual kinks were put on the internet by the Independent Counsel, he lost his law license, paid some big fines. Until a new ethic took hold in our national politics: there is nothing wrong with lying if you are a good person only lying to protect friends and to fight evil! It is the logical extension of the old Libertarian battle cry of 1964 “extremism in defense of liberty is no vice”.

The extreme moral relativism of this transactional defense of the right to lie to protect friends, or profits, or a higher truth, or whatever the lie is intended to do, is in some ways like the oath of Omerta that made men in the Mafia must take. No matter what, I will not rat on anyone in my family. I prefer death to the dishonor of incriminating an associate. The current over-the-top cast of quid pro quo/transactional liars and obstructionists, clearly prefer a pardon from their co-conspirator to death, and as for dishonor, that’s a game for chumps and losers only. Anyone stupid enough to admit anything, no matter how strong the proof of the case against them, well, fuck them.

With unlimited lies now being permissible, to defend decency, to cover up embarrassing or incriminating evidence or, sometimes, even to glorify Jesus Christ Himself, there is no reason not to lie. What you don’t admit can rarely be used against you in court. Dubya Bush’s Attorney General, Antonio Gonzalez, when pressed by a subcommittee on suspicious details of the sudden mass firing of DOJ officials, claimed over and over not to recall anything about the purge he had supervised. As Jon Stewart pointed out at the time, Gonzalez preferred being seen as a pinhead who could not remember anything at all to saying anything that might be politically impolitic, or used to get to the sordid truth of the politically motivated firings at DOJ.

Within twenty years politically motivated purges of public officials seen as insufficiently loyal to the president, and the routine firing of agency investigators, or any other appointed public official who spoke words offensive to the thin-skinned Unitary Executive, became the norm in one party. Today it is smart to lie, until the authorities are actually able to lock you up after proving to a jury that you lied to conceal crimes.

Democrats and Republicans both lie, of course. Only one party has made belief in an outlandish lie, in a series of aggravating fictions, articles of faith. Expressing loyalty to this ridiculous lie (down ticket Republicans all won fair and square, only Trump, at the top of that same ballot, was cheated, nationwide) is a prerequisite for receiving Republican campaign money and a party endorsement. If the leader constantly lies, and his lackeys all have to indignantly back him up with lies of their own or get publicly fired and humiliated, here’s what you get (this is from an excellent March 2021 podcast):

Notice that Trump’s post-election lie about massive mail-in voting fraud in 2020 goes back to his paranoid fantasy about how he was fraudulently denied the full measure of his historic landslide victory in his 2016 election and then spent four years in hell over it. In hell! SO UNFAIR! It was so unfair that even Bill Barr, America’s Hermann Goering, felt obliged to investigate, breaking 150 years of DOJ precedent, so he could tell the president that the massive mail-in voting fraud they had both publicly predicted in the lead up to the election was bullshit, that there was no evidence for it, that the infinitesimal amount of fraud found would not change any result anywhere.

Fuck Barr. On to Plan B, Sidney Powell, My Pillow Guy, Flynn, Rudy, DOJ stooge Jeff Clarke, Cruz, Hawley, Brooks, Jordan, Biggs, Gaetz, Gohmert, Gosar and company, bring on Bannon and Kerick, let Cruz start John Eastman’s Green Bay Sweep, baby! We got the troops ready to activate, inside and outside the Capitol, with tactical support from FOX, Newsmax and OANN, to snatch victory from the jaws of massive organized bipartisan pedophile fraud! Jews will not replace us, yo!