On our rigged constitutional system

Behold, readers, the front page of one of America’s best newspapers. Not one mention of the judicial revolution in Texas whereby Roe v. Wade is essence gutted, fatally. The Supreme Court, as of this writing, has not issued a stay. The Texas law isn’t just inhumane because it bans abortions after six weeks; the law also turns doctors, clinicians, counselors, perhaps even a taxi or Uber/Lyft driver for aiding and abetting a woman seeking an abortion. Soon the Court will hear a Mississippi case banning abortion after fifteen weeks. Amy Coney Barrett, Neil Gorsuch, and Brett Kavanaugh will vote as Mitch McConnell and the Federalist Society expect them; John Roberts may write the majority opinion leaving  Roe intact but legally meaningless, like a condominium whose façade remains intact while the floors and wiring are gone.

But Afghanistan, where the United States was doomed to failure but for whose sake the national security establishment and its Beltway press toadies were ready to send a few more billion dollars — Afghanistan matters. The rights of Afghani women in the abstract matters more than the rights of American women in the flesh. Beholden to a fiction written in schools and universities — secular universities and colleges, let me stress — that the Supreme Court is just because impartial and objective, the press covers judicial matters with the #bothsidesism it has abandoned in other cases, for example Donald Trump (he attacked them!) and, say, Afghanistan (he attacked our officers!).

Clinging to the Court out of a sense of aggrieved encroachment, Ruth Bader Ginsberg didn’t live to see the destruction of her greatest legacy. Stephen Breyer, drugged by his idea of the majesty of an associate justiceship without reckoning with the pugilism his GOP colleagues understand the lifetime tenure requires, looks set to follow her.

Paul Campos, as nauseated as I am, glances at our system and despairs:

It’s rigged functionally at the state level, because Republicans are much better at ruthless politics than Democrats. For example, state legislatures and Congressional districts are radically gerrymandered by Republicans, in a way that they rarely are when Democrats hold similar majorities during periods of electoral redistricting.

It’s rigged at the judicial level, again because Republicans are Machiavellian while Democrats are plagued by clueless institutionalist goo-goos like Stephen Breyer and shameless narcissistic egomaniacs like Ruth Bader Ginsberg, and, again, Democrats don’t have the ruthlessness to twist arms until shoulders dislocate when the stakes are high enough.

It’s rigged at the level of the media, both mass and elite, for complicated reasons that include the fact that the people who own the most important media outlets are by definition plutocrats, and the Republican party is the natural home of extremely rich people.

Other reasons include, once again, right wing focus and ruthless commitment: It’s impossible to imagine a liberal version of Fox, because liberals are constitutionally incapable of maintaining the level of self-conscious, semi-conscious, and unconscious ideological commitment necessary to maintain the kayfabe that something like Fox is a legitimate news organization, as opposed to the propaganda wing of the Republican party.

I have no solutions except one. All we can do is to start acting as rudely toward Democrats who don’t understand the stakes as the GOP acts toward its apostates and traitors. I wish a George Soros, embracing the bogeyman reputation the right has made of him, would spend hundreds of millions until the next census to recruit Democrats in high school student government organizations, compete in every local office from alderman to state senator, and create left-liberal judicial organizations devoted to screening left-liberal judges.

3 thoughts on “On our rigged constitutional system

  1. “I wish a George Soros, embracing the bogeyman reputation the right has made of him, would spend hundreds of millions until the next census to recruit Democrats in high school student government organizations, compete in every local office from alderman to state senator, and create left-liberal judicial organizations devoted to screening left-liberal judges.” That’s what it will take and until we have a strata of altruistic billionaires [sic] willing to spend freely to to save our collective bacon, our society will always be in thrall to the much more prevalent billionaire class willing to make a deep investments into curtailing liberal distribution of resources.

  2. There ought to be a way for non-breeders to bequeath their wealth to a collective organization with far-reaching aims to counter this war for mindshare. And breeders – don’t leave money for your kids to destroy them, while you’re at it! You’re probably not going to get any big money on your plate, but enough small money, and the correct fulcrum, can move states. Of course, this is all academic without radically changing the election process here. Give the money cycle the boot with its endless electioneering [shades of its endless war…] and the rest can fall in line more easily. So yeah I’d be down with throwing in the pittance left after our demise to such ends. Any takers?

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