Showing posts with label Constitutional rights. Show all posts
Showing posts with label Constitutional rights. Show all posts

Tuesday, November 22, 2022

065 The Erickson Report for November 11 to 23, Page 1: On the election results

065 The Erickson Report for November 11 to 23, Page 1: On the election results
 
[This is a little different from the broadcast version, which was done the day after the election. It's essentially the same, but has in a few cases been updated to reflect later results.]
So. We had us some elections.
So I'll give you my comments on a rundown of the results.
I'll start by confessing I was concerned - to be honest, fearful - coming into this election because I was afraid the Dimcrats would blow it in the same way they blew 2016. That time, they managed to lose to the most unpopular major party presidential candidate in the history of such polling, one even less popular than Hillary Clinton, whose own approval was well under water.
They did it by making the central theme of their campaign "We're not Donald Trump. He's a scumbag, a creep, disgusting, so vote for us." Not that they never talked about anything else, but that was the primary approach, forgetting (or ignoring) the fact that not enough people cared; in fact, there were people who liked Tweetie-pie because of that, who thought "That's the kind of 'I don't give a damn' attitude we need more of in our leaders."

This time, they staked it all on reproductive rights, to the point where even as the burning anger over the Dobbs decision, the overturning of Roe v. Wade, faded some (as anger naturally does over time) and it appeared people were shifting their attention to economy and crime, party campaign consultants were telling candidates to just not talk about those issues, even though Dems had, particularly on the economy, good things they could say on their own behalf.

So it came as a great relief that this time around they did better than expected, indeed they held their own and even marked a few gains as the predicted "red wave" or "red tsunami" proved to be more of a pink ripple.

One reason for that is shown by exit polls that indicated that people who voted for Demcrats had reproductive rights and threats to democracy high on their list of concerns while GOPper voters were more focused on the economy and crime.

It was claimed that this validated the Democrats' strategy, but I'm not giving up on my own analysis quite so easily: Holding your own, not getting swamped, is hardly a stirring goal or a basis on which to build. I maintain that had they spent some of their time addressing those other issues, where again they did have
things to say for themselves - even on crime, on violent crime, which yes, had gone up recently but had already peaked and was starting to come down and in any event even at the peak was way below what it had been in the '90s - anyway, if they had spent just some time on those two points, they could have done better than just hold their own. We should have learned at least by the time of John Kerry's run that you can't let those sort of attacks go unanswered for weeks on end and expect that to not affect people. This time they ran the same risk - but they got away with it. Fortunately.

Anyway. The GOPpers, as expected, retook the House of Reperesentatives, with the breakdown now projected as 221-214, essentially the same majority the Dems had before.

It easily could have been worse, part of the reason the results are being called "better than expected." In each of the last four midterm elections, the president’s party has lost an average of about 37 House seats. In 2010 (Obama’s first midterm), Democrats lost 64 seats; in 2018 (Tweetie-pie's midterm), Republicans lost 42 seats.

This time, they lost about nine or ten, depending on the results of few campaigns that are still not called.

In the Senate, they actually stand to gain a seat. With wins in both Arizona and Nevada, they are guaranteed no worse that a 50-50 split, which leaves the Dems, as the party in the White House, in control because VP Kamala Harris would be the deciding vote in the case of a tie.

Meanwhile, Georgia is set for a run-off on December. You'd have to think that Raphael Warnock is the favorite not only because he came in first in the general, almost always an advantage, but because the third candidate in that race, a guy named Chase Oliver who got a couple of percent of the vote, presented a pretty liberal platform despite being a Libertarian, focusing more on civil liberties including - something I'd really like to see - an end to qualified immunity, so I expect that many of the people who voted for him, if they vote in the runoff, are far more likely to go for Warnock.

Which means the next Senate could easily be 51-49, which delights me because it would mean that on any given vote, either Kyrsten Sinema or Joe Manchin could be told to go F themselves.

Okay, on some more general notes:

I enjoyed the tweet from Hannah Trudo, the senior political correspondent at TheHill.com, who said

The entire Bernie Sanders-aligned wing of the Democratic Party won tonight, from Fetterman in the Senate to the new Squad members in the House.

It's also important to note where the results came from: voters under 30. Not only did they turn out, they voted for Democrats by a net 28 percentage points, enough to offset the votes of those over 45.

As the Washington Post noted in an post-election article, voting took place against a background of increasing worry among Americans that US democracy is under threat. About 70% of voters in an exit poll said our degree of democracy is “very” or “somewhat” threatened.

Interestingly, the same poll said that about 80% of voters were "very" or "somewhat" confident that elections in their own state would be fair and accurate, which reminded me of all the polls about Congress where people would say how much Congress sucks but when asked about their own representatives, they'd say "Oh, they're okay. It's all those other ones who are lousy."

The important point, however, is that the Post looked at 569 GOPper candidates for state and federal office and found that 291 of them, 51% of the total, questioned or refused to accept that Joe Biden is the legitimate president and over half of that number, somewhere between 150 and 200, won.

A mitigating factor is that the vast majority of those who won were running for seats in the House, where they would have little involvement with or impact on the actual conduct of elections. And most of the them campaigned on a range of issues, so it's hard to say how much their wins translate into support for election denial in the general public.

They still could be an issue, however, as they will be a sizable majority within the House Republican caucus and so still could drive the selection of Speaker despite Kevin McCarthy having won an initial intra-party caucus - and the Speaker would in turn preside over the House in 2024, when the presidential vote could again be contested.

So while having those people win for the House is not as threatening, it's not non-threatening.

Better news is at the state level, where officers like governor, secretary of state, and attorney general have significant power overseeing and conducting elections. That is where the concern really is and there, happily, the elections deniers by and large lost. In Arizona, the heartland of paranoid election denial, it appears the whole slate of deniers went down.

This doesn't mean some of the deniers didn't get in, but not nearly as many as were feared.

But that doesn't mean the issue goes away. Even before polls closed and many states began releasing vote counts, far-right users in Telegram channels and other fringe forums were spreading conspiracy theories and trying to declare the midterm elections fraudulent.

Consider Maricopa County, the largest county is Arizona. They had a problem which was later shown to be a printing problem with the ballots such that the tabulating machines had trouble reading them. Officials announced they had a problem, explained what they were doing about it, which involved getting tech help from the manufacturers of the machines, and assured everyone not to worry, the ballots would still be counted because they had the paper ballots which if necessary could be counted by hand.

Which prompted wacko loser Kari Lake - who really is a Karen and who still has not conceded - to point to officials acknowledging a problem and specifying what they were doing to fix it as clear evidence of fraud. And she was not alone.

In response to such inanities, Michigan Secretary of State Jocelyn Benson, herself the target of such claims, noted that “There are always things that potentially could be seized upon that really have no impact" and aptly called the whole conspiracy claims "a political strategy that some have chosen to pursue to the detriment of who we are as Americans and our democracy.”

Since we talking now about the state level, its a good time to note that another surprise in the elections was that Democrats also over-performed at that level, including flipping a couple of legislative houses and winning two governorships along with increasing the number of states where they control both Houses and the governorship, the so-called trifecta. They still trail GOPpers in that measure, but no longer by as much.

One area that matters to me is the progressive prosecutors movement, comprised of those District Attorneys who make reform of the criminal justice system part of both their campaign platforms and their practice in office. They did rather well in the midterms, winning in places, as said by Lara Bazelon, director of the Innocence Commission inside the San Francisco DA’s Office, "purple and blue and even red."

The right wing had persistently tried to bury the movement under a barrage of "criminals running wild" rhetoric. After progressive Chesa Boudin was recalled from his position as San Francisco DA in June, a good deal of the media, always ready to be swayed by right-wing screeching, was prepared to declare the whole movement dead. The wing nuts failed and the media was wrong.

Meanwhile, the Dems were right about one thing: Protection of reproductive rights is broadly popular. Protection of such rights was on the ballot in five states. It won in all five.

Voters in California, Vermont, and Michigan added protections for reproductive rights to their state constitutions, while reliably red Montana and bright red Kentucky rejected measures that would have added restrictions to access to reproductive care, in Kentucky's case by proposing to specifically deny any state constitutional protections for abortion.

Include the vote in Kansas is August that rejected a ballot measure that would have given the state legislature the authority to restrict abortion access through a state constitutional amendment, and you have reproductive rights going six for six this election cycle.

On another matter, legalization of recreational marijuana was on the ballot in five states. Maryland and Missouri approved their measures, while Arkansas, North Dakota, and South Dakota said no.

As of now, 21 states and Washington, DC, have legal recreational marijuana, something polls say 60% of the public supports. It is worth noting that in all three states that rejected the idea, medical marijuana is legal.

While I support legal grass and in fact have for oh my word over 50 years, it has never been high on my list of personal political priorities. So I want to mention that even as they rejected legal grass, the voters of South Dakota did something of more importance to me: By a hefty margin, they approved expansion of Medicaid through the Affordable Care Act. Some 40,000 people in South Dakota thus become eligible for Medicaid, many of who would not afford access to health care without it.

Finally on elections for now, something of which many of us are unaware: The 13th amendment did not ban slavery outright. It says:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. [Emphasis added.]
That is, slavery can be a punishment for crime. Which is why there has been and continues to be forced labor in US prisons.

Today, such prison labor is a multibillion-dollar industry, with prisoners given the choice of working for pennies on the dollar or being punished by being denied phone calls and family visits or even being thrown into solitary confinement.

Nearly 20 states had language in their state constitutions permitting slavery and involuntary servitude for prisoners. On election day, voters in four of those states said "Not here, not any more." Voters in Alabama, Oregon, Tennessee, and Vermont approved measures to remove the relevant language from their state constitutions.

A fifth measure, in Louisiana, failed only after its backers told people to reject it because they realized they had screwed up the legalese and it didn't clearly outlaw involuntary servitude.

Max Parthas, campaigns coordinator for the Abolish Slavery National Network, said his network hopes to have this on the ballot in a dozen states next election cycle.

Saturday, July 09, 2022

057 The Erickson Report for July 7-20

 




057 The Erickson Report for July 7-20

This episode of The Erickson Report focuses on three recent and one upcoming case before of the Supreme Court that reflect and reveal aspects of the slow-motion coup that threatens our future as a civil society and a free people. The issues are the practical ability of any federal regulation of any sort to exist, the ability to put any regulations on guns, the ability to maintain a separation of church and state, and even the ability to vote for president.

If that sounds over-dramatic, watch the episode.

The Erickson Report is news and informed commentary from a member of the radical nonviolent left (and a proud member of "the 'woke' mob"). As what's known as advocacy journalism, it uses facts and logic while never pretending it is neutral on or indifferent to the topics it addresses. Your host, Larry Erickson, is a veteran of 50 years of political activism in both "the streets and the suites" and looks with this show to both inform and inspire action.

Questions and other reactions are welcome by email at whoviating at aol dot com.

Footnote: I realize the episode is a week late. I do apologize. We do try to keep a bi-weekly schedule, but sometimes, well, we fail. Again, my apologies and I hope you'll find this show was worth the wait.

SOURCES:

Re federal regulation
https://www.cnbc.com/2022/06/30/-supreme-court-says-epa-lacks-authority-on-climate-standards-for-power-plants.html
https://www.commondreams.org/views/2022/06/21/right-wing-supreme-court-readies-help-destroy-planet
https://skeptics.stackexchange.com/questions/21907/were-firearms-prohibited-in-dodge-city-kansas-in-the-1870s

Re regulations on guns
https://www.democracynow.org/2022/6/24/supreme_court_new_york_state_concealed
https://www.wbur.org/npr/1102995474/supreme-court-opinion-guns
https://www.nbcnews.com/politics/congress/senators-aim-quick-passage-bill-providing-security-family-members-supr-rcna28000
https://www.theatlantic.com/ideas/archive/2022/06/roe-overturned-supreme-court-samuel-alito-opinion/661386/

Re separation of church and state
https://www.reuters.com/legal/government/us-supreme-court-takes-aim-separation-church-state-2022-06-28/
https://www.commondreams.org/news/2022/06/27/supreme-court-takes-wrecking-ball-separation-church-and-state-prayer-ruling
https://www.vox.com/2022/6/27/23184848/supreme-court-kennedy-bremerton-school-football-coach-prayer-neil-gorsuch
https://www.rawstory.com/lied-gorsuch-blasted-after-photos-expose-his-claims-in-high-school-coach-praying-case-are-a-flat-out-knowing-lie/

Re vote for president
https://www.commondreams.org/views/2022/07/01/beware-supreme-court-laying-groundwork-pre-rig-2024-election

Thursday, January 20, 2022

046 The Erickson Report for January 20 to February 2, Page 4: Free Speech for Me

046 The Erickson Report for January 20 to February 2, Page 4: Free Speech for Me

I've got just a couple of minutes so I'm going to wrap up with this:

On January 14, the Supreme Court agreed to hear an appeal from a high school football coach in Bremerton, Washington, who lost his job after defying school administrators by kneeling and praying at the 50-yard line after his team’s games.

The coach says the actions of school board violated his rights to free speech and free exercise of religion. The officials responded that the school was entitled to require that its employees refrain from public prayer to avoid the First Amendment’s prohibition of government establishment of religion.

When the Supreme Court declined to hear an earlier appeal in the case in 2019, four justices - Alito, Gorsuch, Kavanaugh, and Thomas - issued a statement questioning a preliminary ruling in favor of the officials from the Ninth Circuit Court of Appeals, saying that court's "understanding of the free speech rights of public-school teachers is troubling and may justify review in the future.”

And now that future has come.

The coach "led the team in prayer in the locker room before each game, and some players began to join him for his postgame prayer, too, where his practice ultimately evolved to include full-blown religious speeches to, and prayers with, players from both teams after the game, conducted while the players were still on the field and while fans remained in the stands." In other words, he clearly was on the clock.

But that didn't matter to the dissenters at the Ninth Circuit, one of who wrote “It is axiomatic that teachers do not shed their First Amendment protections at the schoolhouse gate. Yet the opinion in this case obliterates such constitutional protections by announcing a new rule that any speech by a public-school teacher or coach, while on the clock and in earshot of others, is subject to plenary control by the government.”

But what really mattered to that judge, as it surely will to the sanctimonious six at SCOTUS, is that the speech involved was Christian prayer. I have no doubt that this case will ultimately come out in the coach's favor and the right wing will celebrate madly, after which I will await the occasion watching with bitter amusement the rapid shuffling of papers and redefinitions of meanings when some public school teacher gets into trouble for hurting the fee-fees of some white kinds by discussing in class white privilege or present-day racism and then says it's their freedom of speech so nyah nyah can't touch me.

The case is Kennedy v. Bremerton School District.

One last last thing: Kelly Shackelford, the president of First Liberty Institute, which represents the coach, said in a statement “By taking this case, the Supreme Court can protect the right of every American to engage in private religious expression, including praying in public, without fear of punishment.”

Protect the private expression of public prayer. For his next trick, Kelly Shackelford will square a circle.

046 The Erickson Report for January 20 to February 2, Page 3: The Threat to Voting Rights

046 The Erickson Report for January 20 to February 2, Page 3: The Threat to Voting Rights

Okay, this is our first installment of what promises to be a long series, one my intent is to have as part of every or at least most every show. It's called The Threat.

To start, I want to lay out what I mean by the term and the sort of things this series will cover. We are faced with a wide variety of internal threats to our functioning as a free society driven by the reactionary - which these days pretty much means the entire - right sometimes in pursuit of power and sometimes in a pathetic but still damaging effort to keep the future from happening.

There are for example the threats to our ability to vote coupled with moves to turn election administration and vote counting into a partisan enterprise.

There are the attacks on the right to abortion and on the rights and dignity of LGBTQ+, now particularly transgender, people.

There are attacks on First Amendment rights relating to press, speech, and assembly.

Threats to our personal privacy, those coming as much from corporations as government.

Basic social services, particularly right now public education, are under attack.

And of course, there is the very major overlying, existential threat of climate change.

The idea is that every show I will address and cover some news and commentary relating to one or more such issues. This time, as you might have been expecting, it the threats to our right to vote.

We start by noting that a new analysis by the Brennan Center for Justice finds that GOPper state legislatures are showing no signs of slowing down what the report calls the "tidal wave of restrictive voting legislation" that we saw in 2021.

That tsunami of bills involved 49 states seeing a total of 440 proposed laws restricting the right to vote introduced between January 1 and December 7. Nineteen states passed 34 such laws, more than in any year since the Brennan Center began tracking such laws in 2011.

The group's analysis pointed to several categories of anti-voting restrictions, including restricting access to voting by mail, new or expanded voter ID requirements, the criminalization of "ordinary, lawful behavior by election officials" who try to help voters, and laws allowing voter purges.

It also highlighted what the Center called "a new trend" in which "legislators introduced bills to allow partisan actors to interfere with election processes or even reject election results entirely." That surely will continue in 2022: In at least five states, six bills that have been pre-filed aim to establish "illegitimate partisan review boards of election results." Pre-filed means they are already on record to be introduced in the 2022 legislative session. Revealingly of the actual intention here assuming it wasn't already obvious, four of those six focus on continuing reviews of the 2020 election results.

And all of this in the name of "election integrity" despite zero states having found any evidence of any level of voter fraud worth mentioning.

A big target of the attacks has been mail-in voting and there is every reason to expect that will continue in 2022. There are dozens of carryover bills, ones carried over from the 2021 session to this year's, that focus on restricting access to mail-in voting, ranging from shortening deadlines for applying for and delivering mail ballots to imposing criminal penalties for election officials who mail out unsolicited ballots or even for individuals who assist voters - including people with disabilities - with returning mail ballots.

In addition, there are at least 74 pre-filed bills assailing voting rights in various ways, at least seven of which specifically target voting by mail, including among others eliminating reasons that justified voting by mail and expanding the grounds on which a submitted absentee ballot can be rejected.

These efforts are already seeing results. Texas has one of the harshest laws attacking voting rights, one which among other provisions tightens the requirements for requesting an absentee ballot. Those are already hard to get in Texas, available to only a handful of categories, including residents 65 years and older, disabled residents, or voters who will be absent from their county during the entire period of early voting plus Election Day.

But one of the new demands is that the person making the request supply either their driver's license number or the last four digits of their Social Security number, which must match the number they supplied when they registered. Which not only means a single-digit mistake could get your request denied, voters often face what Travis County clerk Dana DeBeauvoir called "a guessing game" because they can't recall which number they used to register in some cases decades earlier and there is no easy way to find out.

The result has been that Travis County officials said they have rejected around half of the requests for vote-by-mail applications they have received. Harris County has rejected over a quarter, Bexar County nearly the same.

Note that the primary is in March, leaving little time for a voter to determine what the error is and correct it.

By the way, some other new restrictions in Texas are barring residents from obtaining applications for other people, including relatives and spouses; making it harder for voters with disabilities or language access barriers to get help; constraining election workers’ ability to stop harassment or intimidation of voters by partisan poll watchers; and banning 24-hour and drive-thru voting.

Meanwhile, there also has been action in the courts on related matters.

In December, the NAACP and other civil rights groups filed suit in federal court, looking to overturn South Carolina's new and gerrymandered map of its state legislative districts. They charge that the map was created "in a flawed and nontransparent process" with the deliberate intent of disempowering Black voters and solidifying GOPper control of the state legislature.

The map used a mixture of "packing," the practice of placing people of color in the same district in order to prevent them from having greater political power in surrounding districts, and "cracking," the splitting of communities of color to dilute their power in a given district. The idea is to find the mixture that leaves Black South Carolinians with as little power as possible.

A similar story is playing out regarding Georgia, where voting rights groups and Georgia voters sued in federal court early in January charging that three of the districts in the state's newly drawn congressional map were packed and cracked to intentionally deny Black communities in Georgia fair representation and so are unconstitutional.

There was bad news out of North Carolina, where on January 11 a three-judge Superior Court panel ruled that Republicans' newly drawn political districts, which will give GOPpers an edge in future elections, do not violate the state's constitution - despite finding that the proposed districts were obviously drawn with and had heavy partisan advantage. As too often happens, the judges threw up their hands and declared that "redistricting is an inherently political process" that does "not impinge on the right to vote." Perhaps not in a narrow legalistic sense, but it surely impinges on the right to fair representation, which is after all what voting is all about.

On the other hand, some of the news is even good, as there was a double victory in Ohio.

On January 12, the Ohio Supreme Court threw out GOPper-drawn state legislative district maps. A majority of the justices found the map violated the state constitution because failed to "draw legislative districts that correspond with the statewide voter preference of Ohioans." That is, they were gerrymandered for partisan advantage.

Then just two days later, that same court also struck down the new GOPper-drawn map of congressional districts on the same basis.

The decision called the map "infused with undue partisan bias" which "perhaps explains," the ruling went on, "how a party that generally musters no more than 55% of the statewide popular vote is positioned to reliably win anywhere from 75% to 80% of the seats in the Ohio congressional delegation. By any rational measure, that skewed result just does not add up."

The advantage that voting rights advocates had here is that in 2018, Ohio voters overwhelmingly - by 75-25 - approved an amendment to the state constitution intended to limit as much as possible partisanship in redistricting, so the "it's all political" dodge wasn't available to the court and it was clear what voters wanted done.

Finally on this wrap for this time, a warning: There is a "bipartisan" proposal - assuming we can regard agreement of Fishface McConnell and Joe Maniac as being "bipartisan" - proposal to reform the 1887 Electoral Count Act. This is the one that despite have functioned just fine for 35 presidential elections still had sufficient vagueness to be the basis for the claims that Mike NotWorthAFarthing could overturn the vote of the Electoral College or throw that vote to the House.

So there is the idea of reforming it so we don't risk facing in 2024 what we could have faced in 2020.

Which is fine but beware of conservatives bearing compromises. Because there is also a fear that such a reform would be presented as a substitute for election law reform rather than an addition to it. That is, that the anti-voter faction in Congress would agree to this and then say "Okay, we've dealt with election law reform. Let's move on." We can't let that happen.

046 The Erickson Report for January 20 to February 2

 



046 The Erickson Report for January 20 to February 2

Good News
- Cyber Ninjas closing
https://www.cnn.com/2022/01/07/politics/cyber-ninjas-shutting-down-arizona/index.html
https://www.kgun9.com/news/local-news/spokesman-cyber-ninjas-is-being-shut-down
=
- Climate protesters acquitted
https://www.commondreams.org/news/2022/01/14/juries-get-it-climate-activists-acquitted-after-train-protest
=
- Group wins fight to feed hungry
https://www.commondreams.org/news/2022/01/05/after-7-years-anti-war-group-fed-hungry-wins-fight-fort-lauderdale
=
- Migrant arrest unconstitutional
https://www.msn.com/en-us/news/crime/migrant-s-arrest-under-operation-lone-star-ruled-unconstitutional/ar-AASNlbK
=
- Police reform in NYC
https://apnews.com/article/ahmaud-arbery-georgia-race-and-ethnicity-sentencing-savannah-0d1a8ed25f1a075844160f253a9d0535
https://www.commondreams.org/newswire/2022/01/07/extensive-research-supports-manhattan-das-new-20-year-cap-prison-sentences-says
https://newyork.cbslocal.com/2022/01/09/manhattan-district-attorney-alvin-bragg-criminal-justice-reform-marijuana-guns-crime/
https://www.sentencingproject.org/
https://www.sentencingproject.org/publications/no-end-in-sight-americas-enduring-reliance-on-life-imprisonment/

The Death Penalty and Criminal Justice
https://www.aol.com/news/oklahoma-prepares-execute-man-1985-050314469-184404277.html
https://theforgivenessfoundation.org/2021/11/09/bigler-stouffer-executed-on-december-9-2021-in-oklahoma/
https://deathpenalty.org/innocence-isnt-enough-here-arizona-tells-scotus/

The Threat to Voting Rights
https://www.commondreams.org/news/2021/12/21/gop-tidal-wave-voter-suppression-set-intensify-2022-analysis-warns
https://www.brennancenter.org/our-work/research-reports/voting-laws-roundup-december-2021
https://www.commondreams.org/news/2022/01/14/half-mail-ballot-requests-rejected-key-texas-county
https://www.aol.com/news/texas-rejects-hundreds-mail-ballot-232705241-022957930.html
https://www.commondreams.org/news/2021/12/24/packing-and-cracking-new-lawsuit-challenges-south-carolinas-racial-redistricting
https://www.commondreams.org/newswire/2022/01/07/splc-georgia-voters-and-voting-rights-groups-challenge-georgias-racially
https://www.splcenter.org/sites/default/files/georgia_redistricting_complaint_01072022.pdf
https://www.nccourts.gov/assets/inline-files/22.01.22%20-%20Final%20Judgment.pdf
https://www.commondreams.org/news/2022/01/12/victory-ohio-supreme-court-strikes-down-gop-partisan-gerrymandering
https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2022/2022-ohio-65.pdf
https://www.commondreams.org/news/2022/01/14/ohio-supreme-court-strikes-down-rigged-congressional-maps
https://www.commondreams.org/views/2022/01/08/whats-next-corporate-democrat-plotters-voting-rights
https://www.washingtonpost.com/politics/2022/01/05/eca-jan-6/

Free Speech for Me
https://www.nytimes.com/2022/01/14/us/supreme-court-football-coach-prayer.html



Tuesday, January 26, 2021

030 The Erickson Report for January 21 to February 3, Page 2: Good News

030 The Erickson Report for January 21 to February 3, Page 2: Good News

We start, as I always like to do when I can, with some Good News.

First, some truly rare Good News on cars and the 4th amendment. On December 22, the Pennsylvania Supreme Court ruled that Pennsylvania police can no longer search cars without a warrant unless there is both probable cause to believe a crime occurred and emergency circumstances that require immediate action. That reverses a decision from just five years ago that cleared the way for warrantless searches based on nothing more than a claimed belief that contraband is present.

A little over a year before the new decision, an analysis by the Philadelphia Inquirer found that Philly cops, using the old standard, were performing an average of more than 2,000 warrantless car searches a month. You won't be surprised to learn that about 80% of them involved Black drivers.

Before, the excuse often was a claim by a cop that they smelled marijuana. I wonder what will be the go-to excuse now.

My entirely justified cynicism aside, this is still good news in light of the fact that courts, both state and federal, have often treated cars as a place where the 4th-amendment does not apply.

=

Even in the midst of a resurgence of violent overt white supremacy, we can still see signs that yes, over time, things have gotten better. Just consider that the state of Georgia has just sent a black man and a Jew to the US Senate.

Okay, this example isn't about racism, it's about homophobia. But still embrace it for what encouragement it offers.

On December 23, New York’s Second Department Supreme Court - New York's state-level equivalent to a federal Circuit Court of Appeals - ruled that being accused of being a homosexual can no longer be considered defamation per se. Per se, as I expect you know, means "in and of itself," so what the ruling is saying is that acceptance of LGBTQ folks has come to the point where falsely saying "so-and-so is gay" is not itself defamatory.

And this is by no means the only case or the only court to say so.

At one time and not so long ago, the very idea of being LGBTQ was thought to be so shameful and such a disgrace that falsely accusing someone of it legally could be likened to falsely accusing them of a heinous crime or having a "loathsome disease," something so bad that you didn't have to prove you suffered any damages as a result in order to win a suit; the accusation itself was enough.

Now, the general trend courts have followed is to rule that such an accusation is no longer defamation per se. You can still sue, but you have to show actual damage, such as losing a job as a result.

As it's said, the moral arc of the universe may be long but it does bend toward justice. So don't ever give up the struggle, because subjected to the pressure of persistence and time, things can get better.

=

Two years ago, Tweetie-pie was frustrated after federal courts blocked his attempt to illegally force a question about citizenship into the census forms. So he demanded that the Census Bureau prepare a separate report on the number of undocumented immigrants in the US, intending to use it as a basis for an executive order removing those people from the count for reapportionment of Congressional seats - to the benefit of GOPpers and non-Hispanic whites.

That order would be illegal, too, as the Constitution clearly gives the role of overseeing those matters to Congress. There have been several suits over the prospect of the order, but the Supreme Court has said they are premature.

Now, however, that won't matter because te project won't even be finished. On January 13, Census Bureau Director Steven Dillingham ordered Bureau staff to "stand down and discontinue their data reviews," putting an end to the attempts by the Tweetie-pie thugs to change the rules to their own benefit.

Dillingham was facing demands he resign for buckling to Tweetie-pie's demands and agreeing to the data review in the first place. So maybe he just said "the hell with it, he's out in a week and my term ends in just over two weeks; I have better things to do with my life than deal with this crap."

Or maybe he decided to do the right thing. Whyever, the effort to turn undocumented immigrants into constitutional non-persons has failed. Again.

=

On January 15, the NRA announced that it is leaving New York, where it has been incorporated since its founding in 1871, and heading for Texas, where it intends to file for Chapter 11 bankruptcy in an attempt to evade the civil suit filed by New York Attorney General Letitia James charging large-scale financial corruption and looking to dissolve the group.

James' response to the announcement was to say that "The NRA's claimed financial status has finally met its moral status: bankrupt," adding that "we will not allow the NRA to evade accountability and my office’s oversight."

You go, girl.

=

A quick one just for fun: On January 17, Betty White turned 99. The day before, she said she was going to celebrate by having a hot dog and french fries for dinner and then staying up late.

=

Finally for now, an Obama-era rule, the Clean Power Plan, was about limiting greenhouse gas emissions from power plants. The Tweetie-pie gangsters wanted to replace it with what they called the Affordable Clean Energy rule, based on an interpretation of the Clean Air Act under which emission controls would have to be imposed plant by plant - every one of which could be challenged, producing years and potentially decades of litigation and delay.

On January 19, Tweetie-pie's last full day in office, the US Circuit Court of Appeals for the District of Columbia unanimously threw out the new rule and remanded the matter back to the EPA - which is of course now in an administration which says it will prioritize climate change.

I'd call that a nice going-away present.

Sunday, January 24, 2021

030 The Erickson Report for January 21 to February 3

 030 The Erickson Report for January 21 to February 3

This episode: 
- The best thing that happened at the Inauguration is that nothing happened 

- Good News
https://www.inquirer.com/news/pennsylvania-supreme-court-police-warrantless-vehicle-searches-commonwealth-alexander-gary-odor-marijuana-20201222.html
https://www.nbcnews.com/feature/nbc-out/falsely-claiming-someone-gay-no-longer-defamation-se-n-y-n1254175
https://quoteinvestigator.com/2012/11/15/arc-of-universe/
https://www.aol.com/news/trump-appointees-pressure-census-report-144949540-022320987.html
https://www.aol.com/nra-seeks-bankruptcy-protection-plans-222201836.html
https://www.huffpost.com/entry/betty-white-99th-birthday_n_60037324c5b697df1a06250c
https://www.aol.com/news/u-court-deals-final-blow-161627823-164453168.html

- Two Weeks of Stupid: Clowns and Outrages
https://digg.com/2021/one-main-character-sarah-huckabee-sanders
https://www.alternet.org/2021/01/pastor-robert-henderson/
https://www.biblehub.com/matthew/19-24.htm
https://www.rawstory.com/trump-insurrection-2649882126/
https://www.rawstory.com/marjorie-taylor-greene-2649963543/
https://thehill.com/homenews/house/534178-marjorie-taylor-greene-says-she-will-introduce-impeachment-articles-against
https://greene.house.gov/media/in-the-news/congresswoman-marjorie-greene-makes-statement-masks-house
https://www.inforum.com/news/government-and-politics/6840725-North-Dakota-rep-wants-American-as-race-option-on-forms-says-Black-Americans-glad-their-ancestors-were-brought-here
https://www.aol.com/trump-receives-moroccos-highest-award-190526011-021545219.html
https://www.democracynow.org/2020/12/24/western_sahara_a_rare_look_inside
https://www.hrw.org/world-report/2021
https://freedomhouse.org/country/western-sahara/freedom-world/2020
https://www.aol.com/trump-receives-moroccos-highest-award-190526011-021545219.html
https://abcnews.go.com/US/wireStory/us-consulate-turning-point-disputed-western-sahara-75160219
https://www.king5.com/article/news/nation-world/us-official-presence-in-western-sahara/507-d5a10e16-2c0f-4324-a66c-4ff38e45bd82
https://www.politico.com/news/2020/12/24/pompeo-us-consulate-western-sahara-450371
https://www.fastcompany.com/90594683/the-damning-mlk-fbi-doc-shows-how-poorly-martin-luther-king-jr-was-treated-in-his-time
https://www.vox.com/xpress/2014/11/12/7204453/martin-luther-king-fbi-letter
https://www.theatlantic.com/culture/archive/2021/01/mlk-fbi-surveillance/617719/
https://www.bizpacreview.com/2021/01/18/ostracized-conservatives-not-allowed-to-honor-mlk-after-they-enabled-a-racist-president-1018116/
https://www.theblaze.com/news/don-lemon-attacks-republicans-quoting-mlk
https://www.michiganadvance.com/2021/01/18/column-republican-praise-of-martin-luther-king-sounds-even-more-hollow-and-hypocritical-now/
https://gsgriffin.com/2016/12/08/the-socialism-of-martin-luther-king-jr/

Monday, January 11, 2021

029 The Erickson Report for January 7 to 19, Page One: On January 6

029 The Erickson Report for January 7 to 19, Page One: On January 6

So - that happened.

In the weeks following the November election, I told you it's not over and as evidence I pointed to the increasingly violent rhetoric of the right, rhetoric more recently supplemented by such as Louie “I put the Gomer in” Gohmert openly calling for violence in the streets and insane-even-for-Trumpworld lawyer Lin Wood threatening Mike NotWorthAFarthing with execution if he didn't go along with Tweetie-pie's plan to simply ignore the results of the election and install pro-Trump “alternate elector” slates when it came time for Congress to certify the election.

In the wake of that and Tweetie-pie screeching "fraud fraud fraud" like a deranged myna bird, the events of January 6 should have come as no surprise.

In fact, it shouldn't have required events since the election to make it be no surprise; it should have been no surprise from a year ago.

In January 2020, in discussing Tweetie-pie's tendency, drive, urge, whatever you care to call it, towards extreme authoritarian, one-person rule, I cited cases where he ignored or at least seriously considered ignoring the law, the Constitution, or the Supreme Court.
He even [I said,] defies the idea of leaving office, because apparently those constitutional limits don't or at least shouldn't apply to him any more than any other ones do.
I then cited five occasions in the previous year on which he had said he would remain in office for from 10 to 20 to 25 years and once even said "Maybe we'll have to give that a shot," the "that" in this case being president for life.People insisted he was just joking, that it was just "something to trigger the libs." But, I concluded,
[s]orry, when you go to the same well at least five times, that's not a joke. That's something you're thinking about.
That again was a year ago - and I was hardly the first. Other voices had been rasing the same warning; some from even before he was elected.

We knew. We had to know. And those who didn't know damn well should have known.

Tweetie-pie lived on, thrived on, built his power on, relied on, stoking the kind of unfocused rage burning in what became his supporters and pointing that rage in directions that worked to his benefit.

And his used his skill - give the devil his due - his skill in manipulating that anger to cow his opponents among the GOPpers, who for four years shuffled and mumbled and tugged at their forelock and kissed the ring, so great was their dread at the horrible prospect of being primaried by his legion of fanatics - or, put another way, their fear of losing their jobs and hobbling their personal ambitions.

We knew. We had to know. They knew. They had to know. And those who didn't know damn well should have known.

In the days leading up to January 6, former national security adviser Mike Flynn predicted that millions of people would show up for Tweetie-pie's rally even as a pro-Tweetie-pie message board was stuffed with posts about an intention to be, a plan to be, violent.

One planning graphic showed a map of streets around Congress that rioters wanted to obstruct to "block Dems and RINOs” from even getting to the Capitol building. One of the hottest topics on that board was how protesters can bring guns to DC - which would be illegal. Others talked about breaking into federal buildings or attacking any law enforcement that would get in their way. One popular comment predicted "literal war" for January 6 and "we’ll storm offices and physically remove and even kill all the D.C. traitors and reclaim the country.”

We knew. We had to know. Law enforcement knew. They had to know. And those who didn't know damn well should have known.

Which raises a question lots of people have asked: Why was there so little security? Why was law enforcement so unprepared? Why did it take so long to organize a response? Why weren't they ready?

There have been a lot of varied answers ranging from wholesale screw-ups to deliberate official interference that hindered a response from agencies such as the national guard and Homeland Security, even to outright law enforcement collusion with the terrorists.

But one answer needs to be considered seriously because even if it isn't the whole answer, it undoubtedly is part of it: the fact that the rioters were white.

Because even though they talked about violence, even though they came, a significant number of them, armed, even though they had been primed for, even incited to, violence by their glorious leader at a rally immediately before, until the mob actually started coming through the windows and over the walls, they just didn't seem that threatening. Because they were white. And, apparently, rioting was seen as something that - well, that white people just don't do.

I never thought I'd applaud something Claire McCaskill said, but while she wasn't the only, she was the first one I heard say we should imagine what the reaction would be if those were black faces in that crowd instead of white ones.

That's not just speculation: Not only do we have the physical evidence, the pictures, the videos, of how cops treated Black Lives Matter protests over the summer, how dramatically it contrasted with the leniency shown the insurrectionists at the capitol, there have been psychological studies that have found that people, especially - not exclusively, but especially - white people, perceive black men to be more menacing, more dangerous, more capable of inflicting harm, than a white man of about the same age, height, weight, and build.

At the same time, black boys are persistently perceived as older than they are. Recall the case of Tamir Rice, the 12-year-old child shot down by two Cleveland cops in 2014. The cops said they thought he was 20.

Which means in turn that what happened on January 6, why the police were so unready, so easily overwhelmed, is at least partly due to structural racism, that sort of racism that infects our society to the point it literally shapes our perceptions of physical reality.

And it's a racism that underlies Tweetie-pie's political base and therefore his political power. Like the old joke that you don't have to be crazy to work here but it helps, you don't have to be a thoroughgoing racist to support Tweetie-pie - but it sure as hell helps.

Which actually relates to other part of January 6, the Congressional certification of the Electoral College vote and specifically the objections raised to some states' votes.

Because the moves of Sens. Josh "Creepy-crawly" Hawley and Ted Ooze were about precisely that: political power. Even as half of the GOPper senators who were going to join their vapid useless stunt dropped out, shamed into silence by the terrorist MAGA attack on the Capitol, the two of them persisted in two of the planned five or six objections: Arizona, which had already started debate when the attack happened, and Pennsylvania, for some reason the focus of the anti-voting rights conspirators' concerns.

The thing is, they knew the effort - assuming this theater of the absurd deserves the description - they knew it would fail, that it had no chance, because for an objection to be upheld, it had to be upheld by both the Senate and the House and no one, no one, thought that was going to happen. They knew Trump was on the way out.

Which in turn was the point: He's on the way out which means his supporters, depending on what he thinks will turn the biggest profit for him, might be up for grabs. So the point was not to win - it was to say you did it, the better to position yourself at the true heir to the throne, the better to wrap yourself in the mantle of Tweetie-pie's chosen one.

For Senators Howler and Ooze, it's about their personal ambitions, ambitions that make them willing to push the lies, push the "we wuz robbed" meme, to embrace the dangerous delusions and fetid fantasies that have come to mark what it means to be a GOPper, to provoke the divisions and distrust even with the results of that having just driven them into hiding from a mob, a mob that may temporarily go back into hiding but which is not going away. If you get nothing else from all this, get this: Despite the certification, despite Tweetie-pie finally pledging a peaceful transition in what reminded several of a hostage video, this still isn't over. And it won't be over on January 20 - and Sens Howler and Ooze not only know it, they're counting on it.

Put simply, the whole objection theater was just a means of advancing their own powerlust and they don't care what they burn down in its pursuit.

Which means, ultimately, that it's about what it's always about for the right wing: power. Political, social, and economic power.

So much so that I can't even call what the two of them and the rest of the bozos, bastards, buffoons, and bosses who are their fellow travelers are about with their voter intimidation, their voter suppression, their voter ID laws, voter purges, and frothings about non-existent voter fraud, I can't even call it antidemocratic, because in a true way democracy has nothing to do with it. If the trappings, if the functioning, of democracy works to keep them in power, they are fine with it. If they doesn't, they will toss it away in a heartbeat. It's not that they're antidemocratic, it's that they don't give a flying damn about democracy one way or the other. They care about power, about power and the benefits they gain from having it.

Of course it is about the practical benefits that such power brings, the wealth, the riches, the lifestyle - which means again of course, that part of the drive is pure greed, pure "me first."

Josh Hawley            Ted Cruz
But it's more: It's also about the sublime feeling of being in control of the destiny of others, of being able to feel and in a practical sense to be superior to others, to be able to regard yourself as not just over others, but better than them, superior not just in position or status, but in the very essence of self. To be able to feel "I'm better than you."

And the way you maintain that sort of power is, bluntly, by suckering the rubes, that mass of people to who you so enjoy feeling superior, exactly the way Tweetie-pie has so skillfully suckered his followers: Convince them that you are ripping them off for their own benefit, trick them, deceive them, manipulate them any way you can, into acting contrary to their own interests and instead advancing yours, never forgetting that facts matter less than feelings, that perception doesn't just overrule reality, it defines reality.

As an example of the result, a study released the very end of 2020 showed a significant percentage of GOPper voters don't know what positions the party they're voting for holds, falsely believing it supports protecting people with pre-existing healthcare conditions, expanding medicaid, and a $15 minimum wage and opposes allowing mining debris to be dumped into streams, which were the four issues used in the study.

But turning voters into suckers for power is nothing new. This didn't start with Tweetie-pie. Forty years ago, after Reagan was elected in 1980, I called his win "the ultimate triumph of image over substance." That was demonstrated clearly in 1984, when he ran for re-election against Walter Mondale. During that campaign, a survey asked people how they felt about a variety of issues. Over and over, clear majorities supported policy positions that were in line with the Mondale campaign, not the Reagan one. Over and over, clear majorities of those very same people, when asked who they were voting for, said Reagan.

Which was not, ultimately, for what he said or for what he proposed to do or had done, but because of the way he made them feel.

How do you do that? How do you keep the rubes in line? How do you get them to feel the way you want them to? You could always just lie to them, of course, but the main weapon is fear, as it always has been.

Fear, a particular sort of fear, defines the right wing. The thing that psychologically unites conservatives across categories of age, biological sex, economic class, even race, is fear of change. You know the common experience that as people get older, they often get more conservative. That's because as we age, we have greater difficulty in adjusting to change and so more fearful of having to deal with it.

Fear of change has been used to drive opposition to any number of movements for social progress from feminism to LGBTQ rights, civil rights, economic justice, climate change, and more. It's never expressed that way, of course, not directly, rather it's a matter of insisting that "if we do this, all these horrible things will occur" even if they were fantasies and then letting people's imaginations do the work. Early on in the computer industry, Microsoft used just that tactic as a means to crush a rival. The company called it "FUD," creating "fear, uncertainty, and doubt."

But the go-to weapon for manipulation here remains, as it so often has been, racism. The difference at the present moment is that the feared change is real and inevitable: The US is on track to within a few decades becoming what's called a majority minority country. That is, more than 50% of the population will be comprised of a combination of blacks, Hispanics, Asians, and other non-white residents. Whites will still be the biggest single group, but unlike today, they will not be a majority and, unlike today, it will be not merely misleading or incomplete to think of the US as a white nation, but flat-out wrong.

That is a concept that all too many white people find frightening and even if they don't know the demographic facts they can sense the trend in everything the see around them, the feeling of "It's all changing, it's all different, it's not the country I grew up in!" And it's not. And it won't be - but that won't stop people from wanting it to be.

What's important to realize now is that all those people you hear ranting about the intention to "take back our country," they mean it in a very literal psychological sense. Probably our most basic, even primal, social fear is the fear of the "other," the "not us." Racism, xenophobia, sexism, religious bigotry, homophobia, bigotries of all sorts have that common denominator: the target is "not us." The variant is who constitutes "us" in different cases. So the unspoken answer to the question "take the country back from who" is "take it back from the 'other,' from the 'not us.'"

But that very same prospect of majority minority creates a problem for the economic, social, and political elites that dominate our society, for the very people who look to exploit our fear of the "not us" to maintain their control.

That problem is it means that the functionings of democracy can no longer be trusted to keep them in power because over time fewer and fewer people are wedded to that "way it used to be" life where being white was the default meaning of "us" and part of the default definition of "American."

All the attempts at voter suppression, all the gerrymandering, are attempts to hold off that day but as events in Georgia showed, those efforts have reached the point of diminishing returns and in the easily foreseeable future will no longer be enough as they are overwhelmed by demographic reality.

So we have the move to greater, harsher, more extreme, lengths such as we have seen this time, including raising possibilities of a military coup, of violence in the streets, of just ignoring the Constitution and federal law altogether, even of civil war, prospects raised to legitimize them, to make them common currency, ultimately to make them less fearful then the ever-looming prospect of the "not us" and so easier to implement when the trappings of democracy no longer serve.

The elites may not have invented those possibilities, they may have originated and in some cases undoubtedly did originate in the paranoid swamps of the fringes of the Internet, but those elites, those powerful political, economic, and particularly media forces, did pick up on those possibilities, treated them respectfully and so amplified them, then fed them back to those same fringes even as at the same time they pushed them into a wider audience.

This is not to say there is a conscious, organized conspiracy to this end or some sort of Illuminati-style cabal working off a timetable, but it is how the process of moving such ideas from outlandish to everyday, from fringe to mainstream, works in practice - and who it benefits.

And it's exactly how we wind up with a mob of armed domestic terrorist insurrectionist yahoos storming the Capitol in the fervid belief they are "taking back" "their" country as, according to a Newsweek poll, 45% of GOPpers cheered them on.

This is not over. And it won't be for a long time.

Saturday, December 12, 2020

The Erickson Report for December 9 to 22, Page Four: SCOTUS says religious groups can spread COVID

The Erickson Report for December 9 to 22, Page Four: SCOTUS says religious groups can spread COVID

I have several items I want to run through, with just maybe two or three minutes on most of them.

We start with the fact that the last week of November, the rightwing gained its first Bugs Bunny Barrett-driven victory at the Supreme Court, ruling 5-4 in favor of two religious organizations challenging New York state orders limiting the number of people attending their religious services due to the risk of spreading COVID.

The majority ruled in favor of the Roman Catholic Diocese of Brooklyn and Agudath Israel of America, agreeing that the restrictions violated the Free Exercise Clause of the First Amendment on the grounds that the regulations treated the houses of worship more harshly than comparable secular facilities - "comparable," in the eyes of the Court, meaning a religious service with at least scores and in one notable case, a couple of thousand often maskless people in an enclosed space for an extended time is essentially the same as a commercial establishment featuring often masked customers coming and going with few remaining for an extended time and not packed together.

The details of the state regulations and the justices' opinions are largely irrelevant in the fact of two things that stand out:

One is that the case should have been dismissed as moot because the state had already significantly modified the orders at issue. It wasn't, on the grounds that the groups "remain under a constant threat" because the restrictions could always be reinstated, a "it can always come up again" standard under which a great many cases dismissed as moot should not have been. It wasn't found moot because the reactionary majority wanted to rule on it, wanted to smack down public health rules because of their ideology of pushing religion into the law.

New York Governor Andrew "I'll never be my dad" Cuomo said the Court didn't find the case to be moot because the majority wanted to make a statement that this is now a different Supreme Court. Which is a different way of saying the same thing: This was about ideology, not the law or the Constitution.

The other notable point is that the decision was scientifically illiterate. Not only because of the idiocy of the "comparable facility" claim but because at bottom it relies on the conviction that what happens in a congregation because of the failure to respect public health guidelines affects no one outside that community. That even if you want to bizarrely say that religious freedom means we have to allow for the spread of an infectious disease within a religious community, you still have to say that those people are incapable of spreading that disease outside it. Which is transparent nonsense to a degree that just stating it is sufficient refutation.

Perhaps dimly aware of that, the majority said "there are many other less restrictive rules that could be adopted" but failed to suggest any that are both enforceable and equally effective - actually, they failed to suggest any at all, turning unsupported speculation into fact, which I suppose is pretty run of the mill for the right wing.

The bottom line is that the result of this decision is that being a religious organization entitles you to risk the public health. As Jeffrey Sachs, director of the Center for Sustainable Development at Columbia University said of the decision, people will die as a result.

Wednesday, March 25, 2020

Some updates via Twitter posts

Consider this a quick means of posting by listing my recent Twitter tweets, listed chronologically.

You can follow me on Twitter: Larry Erickson
@LarryEr94572822

March 19
[in response to a "Time" article on "Why Can the Utah Jazz Get Coronavirus Testing, But I Can't?"]

It's because they're rich and we're not. What about that do you not understand?

=

March 21
It’s said (wrongly) that the Chinese for “crisis” is made of characters for “danger” and “opportunity.” At this time of crisis the danger is obvious. But it’s also an opening to push for real changes in our economy to benefit people both now and into the future. Will we dare?

=

March 21
[in response to a Raw Story article that the DOJ is using the pandemic to ask for permission for courts to hold prisoners indefinitely without trial]

One of the things I have been concerned about is the possibility of the state using our submission to ad hoc controls due to a real health crisis to get us to submit to permanently increased control over our lives, including our political freedoms.

=

March 21
I will accept President Tweetie-pie calling COVID-19 "the China flu" if and when he can show he has ever, even once, called H1N1 (the "swine flu") - [a new strain of] which first emerged in Ft. Dix, NJ - the "American flu" or the "US flu" or "the US Army flu."

=

March 21
Maybe instead of denying the idea that corporations are people, we should embrace it because that should mean people are corporations - so we will be as deserving of a bailout.

=

March 21
[regarding a report from "The Intercept" that banks are pressuring health care firms to raise prices on critical drugs and medical supplies for dealing with the pandemic]

Corporate mantra: Never let a good crisis go to waste!

=

March 22
[in response to a report that Sen. Mike Lee (R-UT) had responded to the proposal to allow for indefinite detention of prisoners with "over my dead body"]

I've expected exactly this sort of move [from the DOJ], trying to use the crisis to entrench power and undermine civil rights. I expect there will be more. Happily, constitutional rights is an area where the left and the right can often find common ground.

One more thing: I hope people read the original "Politico" article. There is more involved here than this one outrage.

=

March 22
[in response to Stephanie Grisham whining "I don’t know why the media has to look backwards" after being confronted with Tweetie-pie's failures in dealing with the crisis]

So we must not "look backwards?" Does this mean Tweetie-pie's administration will never again make any reference to what Barack Obama did or didn't do in an attempt to avoid responsibility for its own abysmal failures?

=

March 22
Never forget [all the lies Tweetie-pie has told about the coronavirus].

=

March 23
[in response to a report that Senate Democrats has blocked a GOPper "relief" plan because it did too much for corporations and not enough for ordinary people]

I guarantee that the GOPpers will use this to blame the Dems for "doing nothing to help" and "politicizing" and "trying to exploit" the crisis. I certainly hope the Dems already have their political counterattack ready. But I bet they don't.

=

March 23
[in response to an article that the editor of the right-wing Christian journal "First Things" called saving lives a "false God"]

R. R. Reno, editor of said journal, is also quoted in the article as saying fear of dying of the disease is a victory for Satan. Mr. Reno is clearly a deeply disturbed man.

=

March 23
A reminder that the rest of the world is still out there: The Tweetie-pie administration is blowing up a mountain - including Monument Hill, home to sacred Native American land and burial sites - in Organ Pipe Cactus National Monument to build its wall.

=

March 24
[in response to a report that Brit Hume said it's an "entirely reasonable viewpoint" for grandparents to be expected to sacrifice themselves to coronavirus in order to protect the economy]

Insane. Utterly, totally, insane. No more can be said.

=

March 24
[in response to Glenn Beck endorsing the "old folks back to work" idea]

So all this is about protecting the economy? Okay, since corporations are people, were told, how about any corporation that's over 70 years old close, sell its assets, and distribute the proceeds to employees, sacrificing itself in order to protect the broader economy?

=

March 24
[in response to an article saying that due to COVID-19 concerns that several Trump properties are facing financial problems]

Aha - so that's why he is so interested in "getting back to work." Like we didn't know all the time.

=

March 25
[in response to Tweetie-pie claiming the media is pushing to "keep our Country closed as long as possible" to hurt his re-election chances]

My challenge to the entire Twitterverse: Come up with somebody, anybody, who is a more egomaniacal, self-centered jerk than is Prez Tweetie-pie. This really does border on if not outright describe true clinical megalomania.

=

March 25
[citing a FAIR analysis of media coverage of administration actions toward Venezuela and Iran during the pandeminc]

If you don't do what the US tells you to, you can just go ahead and die.

=

March 25
[in response to Tweetie-pie saying at a presser “It’s hard not to be happy with the job we’re doing”]

Experience says that ending social distancing too soon will kill people [based on a 2007 JAMA study of 43 cities during the 1918 pandemic].

=

March 25
[in response to a Washington Post article that hospitals are considering universal "do-not-resuscitate" orders for COVID-19 patients, even over the objections of patients and families]

This is how bad it can get.

Wednesday, January 01, 2020

The Erickson Report, Page 4: Outrage of the Year

The Erickson Report, Page 4: Outrage of the Year

Moving to the Outrage of the Year, we had multiple possibilities.

We had the on-going attacks on LGBTQ rights and protections, we had the embracing of white supremacy, we had Hillay "Not My Fault" Clinton calling Tulsi Gabbard and Jill Stein "Russian assets" and suggesting any third party candidacy on the left would be run to advance the interests of a foreign government, whoever the candidate might be.

We had the proposal of a vast expansion of who could be denied a green card on the grounds that they might be a “public charge,” no longer to mean someone essentially dependent on government but someone who might at some point in the future need government help such as Food Stamps or housing vouchers or subsidized health insurance, even including using the Affordable Care Act’s subsidies when buying insurance on an exchange. That change would bar an estimated 375,000 immigrants, 2/3 of total legal immigration.

We talked about hunger in schools, about the good deeds of people paying off the school lunch debts of classmates or even whole school systems, regarding that as an outrage because why should they have to? Why should it be necessary? Why should any family be so poor that they can't afford a school lunch for their child?

We also talked about the stresses those parents face, including from one school system in northeast Pennsylvania that threatened to take the kids away if the parents didn't pay up.

All this especially cruel at a time when even as 36 million Americans rely on the SNAP program, nee Food Stamps, the gang of misanthropes swearing fealty to His High Orangeness pursue their dream of destroying the SNAP program, having introduced three proposals which together would toss 3.7 million out of the program and to the wolves of hunger.

But we settled on these three for the top spots for Outrage of the Year.

Our second runner-up would have placed higher but for the fact that it has gotten some fair amount of attention and we prefer to focus more on those less noticed.

It is Tweetie-pie's tendency, drive, urge, whatever you care to call it, towards extreme authoritarian, one-person rule.

His notion of his powers as president and, to put if mildly, expansive: He has at least twice - once in June and once in July - claimed that Article II of the Constitution, which lays out the role of the president, gives him extreme power, or as he put it, "rights at a level that nobody has ever seen before."

But his personal desire, his desire to go beyond even "rights at a level that nobody has ever seen before" has long been abundantly clear.

Indeed, in July CNN recounted 15 times he praised authoritarians or dictators, including North Korea's Kim Jong Un, Turkey's Recep Tayyip Erdogan, China's Xi Jinping, and of course Russia's Vladimir Putin.

Donald "Tweetie-pie" Trump
That thinking is reflected in his attitude towards any laws that restrict him. For example, in April he told border agents that they should ignore the law and ignore judicial orders and refuse to admit asylum seekers, even advising the agents to simply lie to the courts.

In July, in the face of a Supreme Court decision barring the inclusion of a question about citizenship in the 2020 census, he considered simply ignoring it - as well as the Constitution, which which specifically assigns the job of overseeing the census to Congress - considered ignoring the Constitution and the Supreme Court and ordering the Commerce Department to include it.

Apparently he was talked out of that but it was part of a pattern of defying Congress, denying its Constitutional authority over declaring war, denying its right to exercise any sort of oversight whatsoever, openly avowing that Congress can only know what he chooses to tell them, even in the course of criminal, special prosecutor, or impeachment investigations.

He even defies the idea of leaving office, because apparently those constitutional limits don't or at least shouldn't apply to him any more than any other ones do.

Consider that in March 2018, Trump praised Chinese President Xi Jinping for abolishing term limits and making himself president for life, saying "I think it's great. Maybe we'll have to give that a shot someday."

In April of this year, he said during a White House event for the Wounded Warrior Project that he would remain in the Oval Office "at least for 10 or 14 years."

In May, at one of his revival meetings, after predicting he would be re-elected, he said "we'll do a three" - that is, have a third term - "and a four and a five." The same month, he retweeted Jerry Falwell Jr.'s tweet that "Trump should have 2 yrs added to his 1st term as pay back for" the Mueller investigation.

In June he said in a series of tweets that his supporters "would demand that [he] stay longer" than 2024, which is when he would leave office if he won the 2020 presidential election.

As recently as at his rally on December 11, he suggested America will collapse if he is not re-elected. "At stake in our present battle," he said, "is the survival of the American nation itself."

He also "joked" about being in office for up to another 25 years to the increasing cheers of the crowd and said "Should we give it a shot? Maybe we will." He then insisted he was "kidding" but his history says otherwise.

You may want to say "it's all just a joke, just something to trigger the libs." Sorry, when you go to the same well at least five times, that's not a joke. That's something you're thinking about.

Our first runner-up is the on-going outrage of the death penalty, that remnant of barbarity which despite the lack of any evidence that it reduces the murder rate, despite the demonstrated racist bias in its imposition, despite the execution of innocent people, despite dropping crime and dropping support, it itself refuses to die.

We touched on it a couple of times this year, for example in August when Attorney General William Barbarous ordered the Bureau of Prisons to schedule executions for five inmates now on death row, bringing the grim reaper back to the federal level with a vengeance, as the feds have carried out just three executions since the federal death penalty statute was expanded in 1994 and the last of those was in 2003.

In September we looked at the case of Larry Swearingen, who on August 21 was legally murdered by the state of Texas. He was convicted of murder in 2000 on thin and entirely circumstantial evidence.

Subsequently, a number of TX pathologists declared that Swearingen could not be guilty because based on the condition of the body when it was found, he was in prison on another matter at the time the murder was committed. Talk about your perfect alibi.

But the courts didn't care. there was no error found in the operation of the machinery of the law, all the i's were dotted and the t's crossed according to formula, and so finally Swearingen was officially killed and the law was satisfied - as an innocent man lay dead.

That was one of the things that lead to our longer look at the fatal flaw at the heart of our so-called criminal justice system: Once you are convicted, truth is no longer the concern. The often arcane rites of the Holy Temple of the Law are. And as long as they are followed, justice can be ignored.

This does not just apply to the death penalty: We also looked at the case of Lamar Johnson, in prison for life without parole for a murder which even prosecutors now say he did not commit - despite which, he is still in prison and in August lost an appeal for a new trial strictly because of a technicality in state law regarding such appeals.

And the law grinds on because, as legal scholars will say, the law is not about justice - the law is about the law.

As a footnote, I have to add that this does not mean there are never victories: Thanks to some work by the Innocence Project, just before Christmas authorities in Texas said they are beginning the process of formally exonerating a man who in 2012 was sentenced to life for a murder for which police have now arrested someone else.

But moving on to our if you will winner, saving what is probably the worst for last. You have to understand, in the long run, if any sanity remains in our judicial system, that this will have less actual impact on our people, our society, than either of the other nominees and in fact any of those not nominated did or will.

But I found this so astonishing - not even immoral but amoral, so utterly without redeeming qualities, so utterly without humanity - that it outraged me more than anything else this year.

So here it is: In the summer of 2017, police in Southaven, Mississippi, were searching for a domestic violence suspect. They got the address wrong and went to a house on the other side of the street.

There, they shot and killed an innocent man, 41-year-old Ismael Lopez.

According to various news reports I found, police first alleged Lopez appeared at the front door with a handgun and then tried to run away. At another point, they claimed they saw a rifle poking though the now only slightly open door. They also said a dog ran out - apparently, from the only slightly open door - which of course they immediately shot at and they then fired through the door - killing Lopez with a shot to the back of his head.

Ismael Lopez
Despite the shifting story, in July 2018, a local grand jury - surprise! - declined to indict the two officers involved in the fatal shooting, after which the prosecutor refused to release either the names of the cops involved or the investigative file, which attorneys for the family had to pry loose.

But that's not why this is here; cops getting away will killing brown and black people is old news. No, this one has an extra twist of the knife.

About a year after the failure of the grand jury, that is, this past summer, the family filed a $20 million wrongful death lawsuit against the city of Southaven, the chief of Southaven police, and the officers involved in Lopez’s death.

In responding to the suit, the city declared in open court that it is their policy that if you are an undocumented immigrant, which Lopez was, if you have no “legally recognized relationship” with the US, you have no constitutional protections, you have no constitutional rights, not even the right to not be wrongfully killed.

Quoing attorney Katherine Kerby, arguing for the city,
If he ever had Fourth Amendment or Fourteenth Amendment civil rights they were lost by his own conduct and misconduct. He may have been a person on American soil but he was not one of the "We, the People"
and so lacked all protections.

Murray Wells, an attorney representing Lopez’s family, lambasted the city’s argument as both “chilling” and “insane” and said “We’re stunned that someone put this in writing.”

So am I. It's hard to grasp how totally demented, totally vicious, totally deranged, the city's position is. If accepted, it for any practical purpose would turn all police into a version of the Tonton Macoute, able to abuse and even kill any undocumented person with total impunity.

Happily, it's also total crapola, as the Supreme Court has ruled on multiple occasions that people on US soil are guaranteed certain basic rights, no matter their immigration status, and the cases the city cited in support of its contention are grossly misapplied and have absolutely nothing to do with the case at hand.

As an illustration of how vacuous the city's position is, one case it cited involved courts finding that an undocumented immigrant did not have a Second Amendment right to a firearm - in a ruling that said in so many words that this did not impact Fourth Amendment rights.

But while that makes the city's attempt grounds for a Clown award, it is much too vile, much too appalling, for that. Even the term Outrage barely contains it.

The City of Southaven, Mississippi: Outrage of the Year 2019.
 
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