The Daily Parker

Politics, Weather, Photography, and the Dog

The Christianists next door

Indiana sits at the "crossroads of America," interposing itself between Chicago and points east like that old racist yutz at the end of your block that you hope isn't sitting on his porch when you walk by. Yesterday, with much fanfare, they became the first state to ban almost all abortions after Dobbs, for many of the same reasons that they once declared pi to be equal to 22/7:

Indiana became the first in the nation to sign new restrictions into law – stripping away a right afforded to Hoosier women for the last 50 years over the course of a two-week special legislative session.

Gov. Eric Holcomb signed Senate Bill 1, which prohibits abortion at any stage of gestation except in cases of rape, incest, fatal fetal anomalies or when the pregnant person’s life is at risk, within an hour of its passage late Friday night.

Late Friday, the Indiana Senate voted 28-19 to accept Senate Bill 1 as passed by the House earlier in the day.

The bill passed the House, 62-38, on Friday afternoon. The chamber’s 71 Republicans split on the issue, with nine voting against the bill. The party has been divided on the issue, with some feeling the bill goes too far in restricting abortion and others feeling it doesn’t go far enough.

Within hours, businesses started to pack their bags, with pharmaceutical mega-firm Eli Lilly the first to point out they won't get anyone talented to move to Indiana now. Doctors, too, don't want to work there.

As I said, people traveling over land from Chicago to anyplace east can't practically avoid Indiana, but that doesn't mean we have to spend money there. (Pity, because I had planned to check out two breweries in Michigan City this summer.)

Since 1816 Indiana has demonstrated what happens when too many stupid people occupy a single political unit. Now they've added religious extremism. Because when you get down to it, Indiana is pretty much the Afghanistan of the United States.

Sure Happy It's Thursday

So, what's going on today?

Finally, I meant to post this earlier: Cassie, plotzed, after getting home from boarding Sunday night.

The illegitimacy of the Supreme Court

Some fun facts about the Justices of the United States:

  • Five were appointed by presidents who took office despite losing the popular vote. All 5 voted to overturn Roe.
  • Three of the Republicans on the Court—the Chief Justice, Kavanaugh, and Coney Barrett—worked for President George W Bush's Florida recount team.
  • The 52 senators who voted in favor of Justice Kavanaugh's (R) confirmation represent 145.9 million Americans. The 48 senators who voted against him represent 180.7 million.
  • The 50 senators who voted in favor of Justice Coney Barrett (R) represent 157.0 million to the 170.5 million the 48 no votes represent.
  • Eight have law degrees from Harvard or Yale. (This will remain true next month when Justice Brown takes office.)

With those facts in mind, James Fallows argues that the Court burned its own legitimacy to ashes by not remembering the simple truth about judicial power:

[D]emocratic legitimacy depends in the long run on majority rule, combined with minority rights.

We’re now closer to systematic rule by a minority, rather than respect for its rights. A democracy cannot forever function this way.

The Supreme Court has a long up-and-down history of glory and of tawdriness. But I argue that the leaders and eras that stand up best in retrospect showed awareness that the Court’s power depended on legitimacy, and legitimacy depended on the Court’s care about how it fit into the longer-term life of a democracy.

[A] court concerned about legitimacy, would under- rather than over-intrude in public affairs.

Over-intrusion is what we have. In the anti-Miranda ruling. In the blocking of gun control. In the outright voiding of Roe v. Wade.

The Court can make its rulings. From behind its barricaded and no-guns-allowed building.

It cannot preserve its legitimacy this way.

Linda Greenhouse concurs:

Consider the implication of Justice Alito’s declaration that Roe v. Wade was “egregiously wrong” from the start. Five of the seven justices in the Roe majority — all except William O. Douglas and Thurgood Marshall — were appointed by Republican presidents. The votes necessary to preserve the right to abortion 19 years later in Planned Parenthood v. Casey, the Roe follow-up decision that the court also overturned on Friday, came from five Republican-appointed justices.

In asserting that these justices led the court into grave error from which it must now be rescued, Justice Alito and his majority are necessarily saying that these predecessors, joining the court over a period of four decades, didn’t know enough, or care enough, to use the right methodology and reach the right decision. The arrogance and unapologetic nature of the opinion are breathtaking.

There will be turmoil now, for sure, as the country’s highways fill with women desperate to regain control over their lives and running out of time, perhaps followed by vigilantes across state lines. But the only turmoil that was caused by Roe and Casey was due to the refusal of activists, politicians and Republican-appointed judges to accept the validity of the precedents. Justice Alito’s reference to “turmoil” reminded me of nothing so much as Donald Trump’s invocation of “carnage” in his inaugural address. There was no carnage then, but there was carnage to come.

No, justices, your work isn’t done. What you have finished off is the legitimacy of the court on which you are privileged to spend the rest of your lives.

Here's some "turmoil:" some asshole in Iowa drove his truck into a pro-choice demonstration yesterday, injuring at least one woman.

One simple solution: 18-year terms. If we adopt this reform, Thomas (R) would be the first one to go followed by the Chief Justice (I) and Alito (R), which are strong arguments in favor as far as I'm concerned.

The fantasies of the Christianist Right

Mark Thiessen took a victory lap in the Post this afternoon, congratulating himself and his fellow travelers for succeeding in their 50-year project to make abortions illegal in most of the US:

Overturning Roe v. Wade has been the overarching, seemingly impossible goal of the pro-life movement for almost five decades. Now that it has finally been achieved, four words should be on the lips of every pro-life conservative today: Thank you, Donald Trump.

Looking back on Trump’s chaotic presidency, some understandably ask: Was it all worth it for a few conservative justices? To which I answer: Yes. A thousand times, yes.

Every Republican president before Trump failed miserably when it came to Supreme Court picks. In 1970, Richard M. Nixon nominated Harry A. Blackmun, who would go on to be the ignominious author of Roe. Gerald Ford picked only one justice, John Paul Stevens, who became the leader of the court’s liberal bloc. Ronald Reagan had three appointees (Sandra Day O’Connor, Antonin Scalia and Anthony M. Kennedy), but only Scalia was a consistent conservative vote on the court. George H.W. Bush named one brilliant conservative (Clarence Thomas) and one catastrophic liberal (David Souter).

But as Josh Marshall points out, the reason Republican presidents didn't pick partisan Justices in the past—at least until Thomas—was because they didn't want to corrupt the Court:

Certainly the Warren Court was “liberal” by modern standards. But its creation was fundamentally organic. The justices’ positions didn’t clearly line up with those of the parties’ whose presidents nominated them. Indeed, many of the appointments were surprisingly casual and confirmed in much the same way.

The idea that you would create a political movement, harnessed to one political party, dedicated to building up a pipeline of future judges and justices, often all but created in a test tube to overrule specific decisions, was an innovation of the modern conservative judicial movement with no precedent. It had never happened before. And even as judicial liberals have belatedly reacted to that movement, they haven’t replicated it or really even tried.

And here is something of the catch. Conservatives really did convince themselves that the Warren Court and to an extent the Burger Court were the handiwork of a liberal political elite. As is the case in other instances, what’s actual belief or pretended belief gets murky. They claimed to set out to duplicate or create an opposite version of something that had never really existed. And in so doing they created the politicization of the federal judiciary that had never existed before, not in the same way.

At one level, give them their due. They had a goal. They worked tirelessly for half a century, building organizations, think tanks, chapters at every law school, political alliances and more all to get to this one day. And they got there. But it is a legitimate Court or judicial body as much as Fox News is a real news organization. And that’s no accident since they are the creation of the same political movement, often literally the same people and the same ideology and mindset.

So when Justice Thomas, one of the most partisan jurists ever to sit in the Supreme Court, bemoans the degradation of the institution and its authority, someone tell him to look in a mirror. By creating a partisan, activist Court majority, the Republican Party has won the battle against Roe. But I think historians in the future will look back on this moment as the Christianist-Conservative movement's sinking of the Lusitania.

Hottest day in 10 years–almost

Chicago's official temperature last hit 38°C (100°F) on 6 July 2022, almost 10 years ago. As of 4pm O'Hare reported steady at 37°C (98°F) with the likelihood of breaking the record diminishing by the minute. At Inner Drive Technology World Headquarters, we have 37.2°C, still climbing, but leveling off.

In other hotness around the world:

Finally, Florida Fish and Wildlife Officials captured a 95-kilogram, 5.4-meter Burmese python, the largest ever discovered in the state. Apparently it had recently dined on a deer. So far they have found over 15,000 of the snakes, none of them quite so large.

Update: Not that I'm complaining, but after holding just under 37°C for three hours, the temperature finally started to drop. At 6pm O'Hare reported 36°C. So no record.

Friday afternoon reading

Yesterday I had a full work day plus a three-hour rehearsal for our performance of Stacy Garrop's Terra Nostra on Monday night. (Tickets still available!) Also, yesterday, the House began its public hearings about the failed insurrection on 6 January 2021. Also, yesterday was Thursday, and I could never get the hang of Thursdays.

Finally, Wired takes a look at the law of war, and how Ukrainian civilians may cross the line into belligerents by using apps to report military intelligence to the Ukrainian army.

Theocratic rumblings in America

Two stories that bear connecting. First: the Southern Baptist Convention found in an internal investigation that its leaders had covered up sexual assaults and other bad behavior throughout the hierarchy:

The SBC is the nation’s largest Protestant denomination, by far. It is the nation’s most powerful and influential evangelical denomination, by far. Its 14 million members help define the culture and ethos of American evangelicalism.

Last June delegates, called “messengers,” to the SBC’s annual convention responded to proliferating reports of inadequate or corrupt responses to sex-abuse allegations by voting overwhelmingly to commission an external review of their own leaders. The executive committee hired a firm called Guidepost to conduct the investigation.

The report is a calamity. My friend Russell Moore, a former president of the SBC’s Ethics and Religious Liberty Commission, called it an “apocalypse.” The report says that “for almost two decades, survivors of abuse and other concerned Southern Baptists” contacted its executive committee “to report child molesters and other abusers who were in the pulpit or employed as church staff.”

Page after grim page reveals crushing scandal after crushing scandal. One abuse survivor, a woman named Christa Brown, said that an executive-committee member turned his back to her when she addressed the committee in 2007. Another member allegedly chortled at her.

I highlight reports of abuse in the nation’s largest Protestant denomination, in one of its largest Christian camps, in one of its largest Christian universities, and in its most prominent apologetics ministry because it is past time to recognize that the culture of American evangelicalism is broken at a fundamental level. How many times must evangelicals watch powerful institutions promote and protect sexual predators before we acknowledge the obvious crisis?

Meanwhile, these same religionists have slowly but surely imposed their (need I bother to say hypocritical?) version of morality on the majority of Americans who disagree with it, culminating, we all expect, in the reversal of a secular view of abortion that has been law for 49 years:

In deciding Roe, the court made its commitment to secularism explicit. It had to. The question of when human life began and the exact status of a fetus were essentially religious questions. Different religious groups took divergent positions on abortion. Taking a stance within the dispute would involve the court in a religious debate, which it was loath to do because such a decision would violate the separation of church and state that it had earlier proclaimed.

[C]onservatives...became aggressively hostile to the ideal of secular legislation and to the notion that the state has any role in protecting the individual from religious groups. In recent years, the conservatives on the court have used the notion of religious freedom to carve out larger and larger institutions in American life — including for-profit corporations — that are able to make religious determinations limiting the choices of others. In doing so, they have helped unleash the religious authority that the court tried to contain in the 1960s and early 1970s.

With this history before us, the next steps may be easier to see. The invalidation of Roe, and of women’s right to an abortion, is not really an end but a beginning. Just as the court’s original decision in Roe v. Wade represented the apotheosis of a secular order through the privatization of religious sentiment, the court’s coming decision to overturn Roe represents a straightforward attack on the American secular ideal. It will probably be the first of many developments, as the wall of separation crumbles and as conservative religious authority floods American life.

You don't need a Ph.D. in psychology to understand why, either. The Christianist mindset is authoritarian, teaching that there is only one correct answer to any question. I'm not even sure that the abortion "debate" really matters to Christianist leaders except that they don't want anyone to challenge the authority they believe comes to them from their imaginary sky friend.

The end of Roe may wake up a few more people to the creeping Christianism coming from the Right, but maybe not. The revanchists will lose, but it may take a long time.

More Dobbs reactions

A day and a half after the unprecedented leak of Justice Alito's (R) draft opinion in Dobbs v Jackson, everyone and her dog has a reaction piece:

  • David Von Drehle in the Post warns that Alito's arguments in Dobbs, if accepted as the final majority opinion, would imperil many other rights based on privacy law: "[S]hould Alito’s draft opinion be affirmed by the court’s majority, there will be little to prevent states from enacting limits [on contraception] if they wish. Women will have only as much guaranteed autonomy over their childbearing as they had in 1868. Alito’s draft recognizes the rights of an hour-old zygote, but not of a 12-year-old impregnated by a rapist."
  • Jennifer Rubin concurs, saying the Court's "religion-driven mission" puts other settled law like Griswold v Connecticut and Lawrence v Texas in the crosshairs: "At its core, this Supreme Court’s right-wing majority seems eager to cast aside the restraints of precedent, making good on their supporters’ agenda rooted in Christian nationalism. In assuming life begins at conception (thereby giving the states unfettered leeway to ban abortion), Alito and his right-wing colleagues would impose a faith-based regimen shredding a half-century of legal and social change."
  • Josh Marshall calls bullshit on Alito's long-professed "originalism:" "Alito recognizes that there are interpretive frameworks that address new issues not explicitly referenced in the constitution. That’s in this decision. But he keeps coming back to “history and tradition” as what really seems like a separate basis of authority. Basically old school values. And lots of rights won’t make that cut."
  • Alex Shephard calls bullshit on Republicans trying to blame the leak for the Court's loss of legitimacy when, really, the activist Republican justices killed it: "There is a long tradition in conservative circles of finding every opportunity to claim victimhood. ... [But] the court’s legitimacy problems can, frankly be traced back to Bush v. Gore, if not earlier, when five Republican-appointed justices decided a presidential election based on their own partisan affiliations; this paved the way for President George W. Bush to appoint Samuel Alito."
  • Law professor and former Federal prosecutor Joyce Vance concurs, saying "Reversing Roe, particularly in the manner Alito does, condescending, patronizing, forcing an end to women’s full participation as equals in society, will forever change the belief that the court is above politics and the public’s confidence in the Court."
  • Adam Liptak of the Times agrees, hinting that Alito or one of his clerks might have leaked the draft as away of pressuring Justices Kavanaugh (R) or Gorsuch (R) to stay in the majority.
  • George Will, fresh from his local dispensary, says the end of Roe gives everyone a chance to start over. Everyone, I suppose, except the women whose lives will be ruined or lost because of unwanted or unsafe pregnancies.
  • Stephen Colbert Tweets, "I can’t believe how gullible Susan Collins is. But Susan Collins can." But Eric Garland reports on some aspects of Collins' history that paint a much worse picture of the Senator.
  • Julia Ioffe reminds us that five of six of the Republican justices were appointed by presidents who lost the popular vote.

But, hey, guys? Please keep covering the other stories of the day. Like, for example, the corruption of Justice Thomas (R) and his wife.

It's 5pm somewhere

Actually, it's 5pm here. And I have a few stories queued up:

Finally, author John Scalzi puts Rogue One in third place on his ranked list of Star Wars films, with some good reasons.

Earth to Warren...come in, Warren...

One hundred years ago today, President Warren Harding installed a "Radio Phone" in his White House office. As the Tribune reported, "Navy radio experts commenced work to-day installing the latest scientific means of communication."

Flash forward to now:

  • Margaret Talbot argues that Justice Amy Coney Barrett, whom nobody ever elected to public office, is playing a long game to bring her right-wing Catholic ideology into the mainstream—or, at least, to enshrine it in the law.
  • Times columnist Margaret Renkl, writing from Nashville, argues that Tennessee has bigger problems than just one school board banning Maus.
  • Ultra-low-cost airlines Spirit and Frontier have merged, after years of dating and several previous feints toward the altar.
  • The oldest pub in the United Kingdom will close because of lost revenue during the pandemic, according to its current proprietor. The landlord hopes the pub, first opened in 793 CE, reopens soon.

And finally, Max Boot asks, why does anyone care what Ben, Jerry, Whoopi, or Joe have to say? In my conversation just now with the reader who sent me the link, I pointed out that people have had about the same reaction to every new communications technology back to the printing press. (Probably back to the stone tablet, if you really think about it.)