Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Sunday, July 2, 2023

Inequality rears its ugly head again.

What the hell -- I'm not trying to sell books anymore. Might as well stop pretending that I don't talk about politics here. 

This week's Supreme Court decisions -- particularly the one that invalidated President Biden's student loan forgiveness plan -- are what got me going this time. I have a personal stake in this: I still owe the government for one of the PLUS loans that I took out for my daughters to go to college. I made a decision before I retired to take about $30,000 out of my savings to pay off most of them, leaving a balance of just under $10,000 -- which would have gone away, if the Supreme Court hadn't decided this week to screw over 40 million Americans.

I paid off my own graduate school loan. I've paid off three-quarters of what I owed on the PLUS loans. Now I'm retired, living on a reduced income. And still there are people out there who would call me a deadbeat because I hoped for a little relief. 

But that's just one instance of how the Supremes screwed over regular Americans this week. There was also the decision that ended affirmative action in college admissions and the one about how people can refuse service to gay couples who want to get married (even if the situation is completely hypothetical, no one has been harmed, and the business isn't even set up yet!).

There's a lot to unpack with these end-of-term rulings, and I don't have the bandwidth to give it the space it deserves. (My apartment's in an uproar due to a plumbing leak in the unit above me, and I have a crazy week ahead that has now been complicated with insurance adjusters and whatnot.) But my brain has been doing its random association thing ever since the student loan order came down Friday, and the result was a rant that I posted to Facebook yesterday:

Everybody in my age cohort, by which I mean Generation Jones (mid '50s to 1963 or so), got fucked. 

We entered the work force in the mid to late '70s, just about the time when trickle-down economics took over -- when conservatives launched their long game to make money, and keep it, by gutting the middle class. We literally never had a chance. 

But at least we still had the opportunity to get an undergrad degree before college tuition went through the roof. My kids really got hosed -- they had to take out loans to afford college and graduated into the Great Recession, when there weren't jobs easily available to them so they could pay them off.

The American Dream worked for the Boomers because they had years of earnings before this shit started. That's why they think we're whiners. They never had to live through what we're living through financially.

Am I pissed? You bet I am.

I wrote about Generation Jones last year. Basically, it recognizes that those of us born between, oh, 1955 and 1963, give or take, have very little in common with the Baby Boomers we're lumped with demographically. We grew up watching the Boomers go through the Vietnam War and their reactions -- Woodstock and the Summer of Love as well as antiwar protests -- and internalized their values. Then the Boomers grew up and enjoyed, at least for a while, the postwar economy that supported the middle class the way it had their parents. Jonesers, meanwhile, came into the workforce right about when the gravy train ended thanks to Reaganomics. 

There are links supporting all this in the GenJones post I've already linked to. It looks like the link to the graphics from Inequality for All is dead, but here's the graphic that really got me when I watched the documentary (which I have stolen from a review of the doc at Zero Anthropology -- apologies for the quality of their screen grab): 

After 1977, Reaganomics and its trickle-down bullshit kicked in, and the hill to prosperity became harder and harder to climb -- hitting Jonesers and GenXers especially hard, because we feel cheated out of the American Dream that many of us lived as kids.

But see how the graph begins to fall off on the right side of the graphic? It assumed that the 2010 figure was the high point of inequality and that it would start coming down, but that was wishful thinking; income inequality continued to grow through the pandemic. However, awareness of inequality has also continued to grow. And while the Supreme Court's decisions this week seem to be aimed at cementing the disparities, by keeping down the people that should, y'know, be kept down (like Blacks and LGBTQ+ folks and basically everybody who ought not to have been granted access to an education that allowed them to think for themselves and question the oligarchy) -- and particularly when it's paired with last year's Roe v. Wade decision and its gleeful (on the part of evangelicals) aftermath --  it also feels to me like the final gasp of a dying worldview. 

It seems like we ought to be at a tipping point when the Supreme Court starts issuing decisions on bogus cases to enforce a draconian worldview that most Americans don't subscribe to. I hope we're at that tipping point. 

I've been disappointed on that score before. And yet, my hope for a turnaround abides.

It sucks to be living through this timeline. We may not begin making progress toward equality again for many years. But at some point, the pendulum has to swing back. It always does.

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The Biden administration is already working on a Plan B for student loan relief, although it won't be immediate or as far-reaching. And it may not help me, so I'm not going to wait for it. Guess it's a good thing that I went back to work...

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These moments of ranty blogginess have been brought to you, as a public service, by Lynne Cantwell. Stay safe!

Sunday, April 9, 2023

One step forward, several steps back.

First, happy Easter and happy Passover to those who celebrate. 

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Fair warning: This is a political post.

leszekglasner | Deposit Photos

This has been a week, hasn't it? Particularly for anyone who's interested in the future of abortion rights in this country -- which, given how polarizing the issue is, encompasses virtually everybody. (Back when Kevin's Watch had a political forum, the quickest way to get a bazillion comments on a discussion thread was to post something, anything, about abortion.)

We can all be forgiven if we have abortion-rights whiplash. First, a Trump-appointed federal judge in Texas ruled -- in an order jam-packed with antiabortion rhetoric where sober jurisprudence should have been -- that the federal Food and Drug Administration erred big-time 23 years ago when it approved mifepristone for medically-induced abortions. The same guy also cited the Comstock Act (which hasn't been enforced since the 1930s) in his ruling, saying pills for medical abortions should not be allowed to be sent through the mail. Taken together, those two points would appear to outlaw medical abortions in the United States altogether.  But within the hour, an Obama-appointed federal judge in the state of Washington ordered that the federal government keep the pills available in the 17 states whose attorney generals had filed suit in his court.

The Texas judge paused his ruling for a week to allow the Department of Justice to file a brief explaining why he's wrong. The DoJ is on it. And given the dueling rulings, it looks like the issue is going to be on a fast track to the Supreme Court. Given the current court, you might think that makes the Texas order a slam-dunk. But the high court in Dobbs v. Jackson Women's Health Organization -- handed down not even a year ago -- deliberately left abortion access to the individual states to decide; this guy in Texas has pre-empted that. Will the Supremes be willing to second-guess themselves so soon? I hope not. The patchwork of state laws that have resulted from Dobbs is bad enough.

There have been shenanigans this week on another hot-button issue: gun control. The Tennessee legislature, which is controlled by Republicans, voted to expel two of its members -- Black men who represent the cities of Memphis and Nashville -- after they and a third representative participated in a protest in favor of gun reforms following a mass shooting at a private school in Nashville. All three of the representatives are Democrats, but the one who wasn't kicked out is a White woman. The ousted legislators say their voters have been disenfranchised. The boards responsible for appointing new representatives for their districts seem inclined to send both men right back to their old seats. But if they do, legislative Republicans are threatening to pull their state funding. 

I can only shake my head. In poll after reputable poll, a majority of Americans support both access to abortion and stricter gun laws. Why Republicans are hellbent on enacting restrictions that most people in this country don't want is a mystery to me. The only thing I can think of is that while these fossils are still in control, they want to lock things down for their side before they're too old to govern and younger folks take over. That day is fast approaching. But it can't come soon enough for me.

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An update to my post of last week, wherein I was so excited to learn that Santa Fe has an arthouse theater that I saw two movies there in the same week: I'm glad I went when I did, because the facility's board of directors voted this week to shut it down, effective this weekend. There has been an outpouring of dismay about the abrupt decision on social media, and apparently there's an effort to raise funds in the community to reopen the facility. But still, I'm bummed. 

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Oh hey, one other thing: I'm going to be out of pocket for the next two weeks. See y'all back here on April 30th.

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These moments of head-shaking blogginess have been brought to you, as a public service, by Lynne Cantwell. Stay safe!

Sunday, July 3, 2022

Local news takes on the Supreme Court. Will it win?

In broadcasting, one mundane but essential task is to check your sound level. It involves speaking into the microphone at approximately the volume you intend to use when you're on the air, while eyeballing a little meter in front of you to adjust your mic level. 

An analog meter features a graduated scale, soft to loud, with a pointy indicator that bounces with your sound level. The scale is mostly black, but it has a section in red on the far right end. The idea is to keep the pointer bouncing mostly in the black, with occasional peaks in the red zone. If the pointer swings all the way to the right and stays there, your mic is way too loud. The technical term is "pegging the needle."

As it happens, it's also an apt description for a ruling that came out of the Supreme Court this week. 

Stolen from Facebook | Creator unknown

No, not that one; that was last week. This week's travesty came in the case of Kennedy v. Bremerton School District. You can read a pdf of the ruling here. But basically, the majority opinion, written by Justice Neil Gorsuch, reverses a Ninth Circuit Court of Appeals decision. The appellate court had held the Bremerton, WA, school district was correct to discipline its high school football coach, Joseph Kennedy, in 2015 for staging public prayers at midfield after the team's football games. The Supreme Court says the disciplinary action violated Kennedy's First Amendment rights to freedom of speech and freedom of religion.

The problem with the ruling is that Justice Gorsuch gets nearly all of the facts wrong. This column by Danny Westneat in the Seattle Times explains how Kennedy wasn't engaging in "a brief, quiet, personal religious observance," as Justice Gorsuch claims. In fact, Kennedy had made a big deal out of praying at the 50-yard line -- and he'd been incorporating prayer into team workouts as a motivational tool all season. Players weren't required to participate in the postgame prayer rallies, but of course eventually all the players did, at least partly due to fear that Coach wouldn't let them play as much if they didn't participate. (Y'all have been to high school, right? We all know how that works.) Eventually, Kennedy held a news conference before the school's homecoming game, announcing he would give his post-season prayer. He got a lot of press out of it -- Good Morning America even interviewed him -- and as a result, it wasn't just the players out there with him after that game; more than 500 spectators left the bleachers and jumped fences to join them on the field for his 15-second "quiet, personal religious observance."

The general opinion is that the court reinvented the facts here in order to have an excuse to overturn Lemon v. Kurtzman. In that 1971 opinion, the court laid out a three-pronged test to determine whether something violates the First Amendment's "establishment of religion" clause. We do not have a state religion in the United States, and it's unconstitutional for a public employee to promote a particular religion as if we do. In an objective reading of the facts, that's what Kennedy did -- he promoted Christianity, hard, with his very public prayer meetings. But the conservatives on the current court wanted to strike down Lemon, and Kennedy's case was a handy vehicle.

That's scary for those of us in America who aren't Christian. But that point has been made elsewhere. My point is different.

I've opined here before that local journalism matters. Six years ago, I wrote about how just ten companies control a frightening percentage of the news and information business. Three years ago, I cited figures indicating that one in five local newspapers ceased publication between 2004 and 2018; that decline has continued since then. 

Why do I keep making a big deal about local journalism? Because without it -- without local newspapers like the Seattle Times -- there would be no way, when public figures on the national stage lie, for us to learn the truth. 

Support your local independent journalists, guys. They're going to become more and more vital as we bring our country back from the brink.

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These moments of scrappy independent blogginess have been brought to you, as a public service, by Lynne Cantwell. Get vaxxed and boosted! And subscribe to your local paper!

Sunday, June 26, 2022

What would Aunt Lydia do?

 

Stolen from Facebook / Artist unknown
Well! It certainly has been a week. 

On Thursday we learned from the January 6th committee that five or six sitting members of Congress had asked for presidential pardons for their roles in former President Trump's attempted coup. 

That headline was very shortly superseded by a Supreme Court ruling that makes it easier for gun owners to carry their weapons in public. Within hours, that headline was followed by the news that Congress had approved (and President Biden signed into law yesterday) a gun control bill for the first time in decades. Even though most Americans would view it as weak sauce, it's better than nothing. Among other things, the new law: requires background checks for 18- and 19-year-olds who want to purchase a gun; closes a "boyfriend loophole" that allowed some convicted domestic violence offenders to get hold of guns; stiffens penalties for people who buy guns for those who wouldn't pass a background check; and provides money to states for mental health treatment and for confiscating guns from those who've been deemed dangerous by a judge. Notably, it doesn't ban assault weapons like the AR-15. But hey, baby steps, I guess.

But even that news was overtaken on Friday by the release of the Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization, in which the justices overturned Roe v. Wade and then promptly left for the weekend. Liberals and progressives weren't surprised by the ruling -- after all, somebody at the high court leaked a draft in early May. But they were shocked -- okay, we were shocked -- by Justice Clarence Thomas's concurring opinion, in which he said he'd like to see decisions that legalized gay marriage and access to contraceptives reconsidered, too. The majority opinion attempted to reassure everyone that the court didn't intend to go after those decisions -- but the three justices nominated by former President Trump swore during their confirmation hearings that Roe was settled law, making this most recent claim somewhat less than trustworthy. (Observers have noted that Thomas made no mention of overturning Loving v. Virginia, which legalized interracial marriages. That's especially interesting, given that he's Black and married to a White woman -- with whom, by the way, the January 6th committee would like to have a chat, due to her involvement in Trump's coup attempt. But I digress.)

I mentioned a few weeks ago that I'd attended a lecture -- a Q&A, actually -- given by Margaret Atwood, the author of The Handmaid's Tale. It occurred to me then that I had never read the sequel, The Testaments, so I did. I read the first book shortly after it was published in the '80s; it describes an America that has descended into a fundamentalist hellscape, with women forced to either submit to an arranged marriage or produce babies for the men running the place. The Testaments has been out since 2019, so the statute of limitations on spoilers has probably run; still, I'll try to avoid giving away the ending. Suffice it to say that the prime mover of this second novel, Aunt Lydia, remembers what America was like before Gilead, and is secretly doing everything she can to overturn the regime. 

I find today that The Testaments gives me hope. I don't believe we've hit rock bottom yet; things are going to get worse in the United States before they get better. But women are smart and resourceful. We won't tolerate attempts to make us give up the independence we've had for fifty years. To those who think Dobbs is the beginning of the end for liberal ideals, I say this: 

Just wait.

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These moments of bloggy upheaval have been brought to you, as a public service, by Lynne Cantwell. Get vaxxed! And if you value your freedom, for gods' sake, VOTE!

Sunday, May 8, 2022

Happy Domestic Infant Supplier Day?

Yeah. It's about abortion. 

Today is Mother's Day in the United States. This past Monday, somebody at the Supreme Court revealed the high court's take on motherhood by leaking to Politico a draft of the majority opinion in Dobbs v. Jackson Women's Health Organization. The final opinion isn't due out until June or so. But this draft makes it clear that a majority of justices voted initially to overturn Roe v. Wade, the 1973 decision that made abortion legal across the country. 

Written by Justice Samuel Alito, the draft states that "Roe was egregiously wrong from the start." It goes on to say: "It is time... to return the issue of abortion to the people's elected representatives." Many pundits have interpreted that to mean that the Supremes want to kick the issue back to the states; in other words, state legislatures would be able to restrict, or end, access to abortion for their residents. And legislatures in conservative states are champing at the bit to do it.

But perhaps the most inflammatory statement in the draft -- other than that it would overturn Roe and Planned Parenthood v. Casey, which upheld Roe -- is a footnote that contains a quotation from a Centers for Disease Control and Prevention report. If you've been wondering what that tweet in the screengrab above is about, here you go:

Nearly 1 million women were seeking to adopt children in 2002 (i.e., they were in demand for a child), whereas the domestic supply of infants relinquished at birth or within the first month of life and available to be adopted had become virtually nonexistent.

Yes, that's right: the Supreme Court appears set to champion the business of forcing women to bear babies they don't want so that others can adopt them.

Here's a link to the CDC report, which was released in 2008. The quote in the Supreme Court draft brief  can be found in the conclusion on page 16. The report is a statistical survey of adoption in America. What it doesn't do is suggest that women who can bear children ought to get cranking.

In fact, there are adoptable kids in America right now. Of the 400,000 or so kids in foster care on any given day, about a quarter of them are available for adoption. Why aren't those million women taking any of those kids? Well, as the CDC report states, women looking to adopt want a kid younger than two who is not disabled and isn't part of a sibling group. Note, please, that the average age of kids entering foster care is eight. 

Moreover, one-third of the available-to-adopt kids are of color. Now, I know there are white folks who would adopt a child of color; I know a few of them myself, and kudos to them. But the fact remains that a lot of people looking to adopt are in the market for cute white babies.

In any case, ending legal abortion isn't going to produce enough babies for every person looking to adopt to have one. The CDC says about 630,000 legal induced abortions occurred in the United States in 2019. But not all of them would have resulted in a live birth if they been carried to term. Women decide to abort for a multitude of reasons, after all.

Moreover, the Guttmacher Institute says there are fewer abortions now than there were when the decision in Roe was handed down. That's partly because fewer young women are becoming pregnant; in 2017, there were just 87 pregnancies per 1,000 American women between the ages of 15 and 44 -- the lowest level ever recorded.

Ending abortion isn't going to solve the adoption supply chain issue. Women will still end unwanted pregnancies; they did it before Roe, and they'll do it again if Roe is overturned. They just won't be able to do it as safely as they can do it now. Which ought to piss off every American woman, particularly those who claim to be pro-life.

One other thing: I saw a comment this week that the late Justice Ruth Bader Ginsburg thought Roe was a bad decision. I had trouble believing it, so I looked it up. What Ginsburg thought was that Roe was decided on the wrong grounds. Instead of making it a privacy issue (that is, the decision on abortion ought to be between a woman and her doctor), Ginsburg thought it should have been based on the idea that women have the same rights as men.

I understand why she thought so. But here are two things to ponder: 1) the Supreme Court at the time Roe was decided was comprised of nine men (eight of them white) and zero women -- the likelihood that they'd accept an equal rights argument was probably vanishingly small; and 2) the right to privacy established by Roe was used later in a whole host of cases -- everything from the availability of contraception to interracial marriage to gay marriage. Would those decisions have broken the same way without Roe as precedent? It's hard to say. But with Roe gone, it's not outside the realm of possibility that these other rights could be in danger, too.

Anyway, getting back to the draft opinion in Dobbs: The leaker may have done us a favor. Assuming the vote doesn't change between now and when the final opinion is handed down, we have more time to remind everyone about the rights we're losing. The best way to fix this is for Congress to legalize abortion across the country -- and the only chance we have of that, given the current mess in Congress, will be to increase the percentage of Democrats in both the House and Senate. Keep that in mind when you get ready to vote this November.

Oh, right -- and happy Mother's Day.

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These moments of righteous blogginess have been brought to you, as a public service, by Lynne Cantwell. Get vaxxed! And remember to vote!