Angry Caturday Reads

It’s day 2, post-Roe.

colorful-catWhat we long feared has finally happened. Women in the U.S. are once again second class citizens. Young women no longer have ownership of their own bodies. A disgraceful right wing Supreme Court has decided that women are first and foremost breeders, not people with the right to make their own life decisions and plan for their futures. Frankly, I’m still in shock. I’m very angry and I’m heartbroken for the women who will suffer and die because of what these cruel SCOTUS judges have done. 

Americans will also pay an economic price for the SCOTUS overturning Roe and Casey. Shawna Chen at Axios: Fall of Roe will have immediate economic ramifications, experts say.

The U.S. will see devastating economic consequences from the Supreme Court’s decision to overturn Roe v. Wade, experts warned on Friday.

Why it matters: The landmark Turnaway Study found that women who have to carry an unwanted pregnancy were four times as likely to struggle with poverty years later. Raising a child costs over $230,000 on average, according to the Department of Agriculture.

What they’re saying: “This decision will cause immediate economic pain in 26 states where abortion bans are most likely and where people already face lower wages, less worker power, and limited access to health care. The fall of Roe will be an additional economic barricade,” Heidi Shierholz, president of the Economic Policy Institute, said in a statement.

—  “Abortion rights are economic rights, and this decision means the loss of economic security, independence, and mobility for abortion seekers. Low- and middle-income people, especially Black and Brown women, will bear the brunt of the impact.”

—  “On the heels of the most recent economic downturn, where women experienced tremendous job and income losses compared to men, the Supreme Court decision makes it more difficult for women to regain their economic footing and to plan for their futures,” C. Nicole Mason, president and CEO of the Institute for Women’s Policy Research, said in a statement.

—  “Further, the lack of access to the full range of reproductive health care services in the states, including abortion care, will have a devastating effect on women’s short-and-long-term earnings and income, job security and career advancement, and increase the likelihood they will become impoverished.”

shutterstock_1075355216The majority of Americans support abortion rights, so it’s not surprising that demonstrations have erupted around the country. And there has already been violence directed against the protesters. HuffPost: Truck Driver Rams Into Abortion Rights Demonstrators At Roe Rally In Iowa.

A truck driver careened into a group of demonstrators in Cedar Rapids, Iowa, on Friday as they crossed the street during an otherwise peaceful protest of the overturning of Roe v. Wade.

The unidentified male driver of a Ford truck rammed into several protesters — all of them women — at the tail end of a procession, rolling over one woman’s ankle and sending her to the hospital, witnesses said.

“He tried to murder them,” said a local journalist and witness to the attack, Lyz Lenz. “These women see him coming and a bunch of people put their hands out to stop him. And he just keeps going.”

Multiple witnesses, including one of the victims, described the scene in interviews with HuffPost: The male driver was waiting behind several cars at a red light downtown as a throng of protesters crossed the street.

He became “impatient,” as several witnesses said, and hit the gas, maneuvering around several cars to ram protesters.

I expect we will see more violence over the abortion issue, especially since the right wing SCOTUS justices have also made it easier for angry, disturbed people to carry guns in public.

Yesterday on Twitter, I noticed a number of women discussing their fears of state surveillance in Republican controlled states. Here’s an article about that from Grid: It’s not just period trackers: The post-Roe digital data dragnet is bigger than you think As states move to ban abortion, digital footprints could prove a new risk to people seeking to terminate pregnancies.

Social media has been awash in warnings that apps created to help people track menstrual periods can also reveal if someone is pregnant, or a pregnancy has ended. But experts told Grid the potential risk is much broader and deleting a single app won’t help much. Police and prosecutors commonly seek search histories, location data and even text messages while investigating suspected crimes.

The risk now is that noncriminal behavior — such as searching for information on abortion services or simply enduring a miscarriage — will be criminalized using a technological apparatus that did not exist in 1973 when the Supreme Court handed down its Roe verdict. The human costs of widespread data sharing and the weaponization of data are likely to become clearer as states begin to enforce their new laws.

frowning-catThis era of crumbling privacy has already started. In 2018, a woman spent two years in jail because she had a miscarriage after Googling abortion pills. And anti-abortion activists are already using digital techniques to target people at clinics with anti-abortion ads on their phones.

“This ruling is devastating for the privacy rights of people seeking reproductive care,” said Alexandra Reeve Givens, president and CEO of the Center for Democracy and Technology, in a statement. “In the digital age, this decision opens the door to law enforcement and private bounty hunters seeking vast amounts of private data from ordinary Americans.”

Read the details at the link above.

And from STAT: HIPAA won’t protect you if prosecutors want your reproductive health records.

With Roe v. Wade now overturned, patients are wondering whether federal laws will shield their reproductive health data from state law enforcement, or legal action more broadly. The answer, currently, is no.

If there’s a warrant, court order, or subpoena for the release of those medical records, then a clinic is required to hand them over. And patients and providers may be made legally vulnerable by the enormous trail of health-related data we all generate through their devices every day.

As far as health records go, the most salient law is HIPAA — the Health Insurance Portability and Accountability Act. It’s possible that federal officials could try to tweak it, so records of reproductive care or abortion receive extra protection, but legal experts say that’s unlikely to stand up in the courts in a time when many judges tend to be unfriendly to executive action.

While abortion will remain legal in many states, 22 have laws on the books that will ban the procedure or lead to severely restricted access to it, according to the Guttmacher Institute.

It’s hard to know exactly how state authorities will react to this ruling. Many anti-abortion groups oppose the criminalization of abortion patients. Experts have serious concerns about how holes in privacy laws might potentially open clinicians and patients up to legal action, but the issues discussed here are possible, not certain, consequences of Friday’s decision.

Again, read more details at the link.

Yesterday’s stunning decision by the right wing justices will further damage the credibility of the Court. A couple of opinion pieces from The New York Times:

Linda Greenhouse: Requiem for the Supreme Court.

With the stroke of a pen, Justice Samuel Alito and four other justices, all chosen by Republican presidents running on successive party platforms committed to overturning Roe v. Wade, erased the constitutional right to reproductive autonomy that the Supreme Court recognized more than 49 years ago. As the dissenting opinion — written by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan — observed, never before had the court rescinded an individual right and left it up to the states whether to respect what had once been anchored in the Constitution.

Angry-cat-sound-and-body-language.jpg.optimalThe practical consequences of the decision, Dobbs v. Jackson Women’s Health Organization, are enormous and severe. Abortion, now one of the most common medical procedures, will be banned or sharply limited in about half the country. Excluding miscarriages, nearly one in five pregnancies ends in abortion in the United States, and one American woman in four will terminate a pregnancy during her lifetime. Two generations of women in this country have come of age secure in the knowledge that an unintended pregnancy need not knock their lives off course. “After today,” as the dissent pointed out, “young women will come of age with fewer rights than their mothers and grandmothers had.”

What the court delivered on Friday is a requiem for the right to abortion. As Chief Justice John Roberts, who declined to join Justice Alito’s opinion, may well suspect, it is also a requiem for the Supreme Court.

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….

The dissenting justices wrote on Friday, “The majority’s refusal even to consider the life-altering consequences of reversing Roe and Casey is a stunning indictment of its decision.” They observed, “The majority has overruled Roe and Casey for one and only one reason: because it has always despised them, and now it has the votes to discard them. The majority thereby substitutes a rule by judges for the rule of law.”

Adam Liptak: June 24, 2022: The Day Chief Justice Roberts Lost His Court.

In the most important case of his 17-year tenure, Chief Justice John G. Roberts Jr. found himself entirely alone.

He had worked for seven months to persuade his colleagues to join him in merely chipping away at Roe v. Wade, the 1973 decision that established a constitutional right to abortion. But he was outflanked by the five justices to his right, who instead reduced Roe to rubble.

In the process, they humiliated the nominal leader of the court and rejected major elements of his jurisprudence.

disappointed-catThe moment was a turning point for the chief justice. Just two years ago, after the retirement of Justice Anthony M. Kennedy made him the new swing justice, he commanded a kind of influence that sent experts hunting for historical comparisons. Not since 1937 had the chief justice also been the court’s fulcrum, able to cast the decisive vote in closely divided cases.

Chief Justice Roberts mostly used that power to nudge the court to the right in measured steps, understanding himself to be the custodian of the court’s prestige and authority. He avoided what he called jolts to the legal system, and he tried to decide cases narrowly.

But that was before a crucial switch. When Justice Amy Coney Barrett, a conservative appointed by President Donald J. Trump, succeeded Justice Ruth Bader Ginsburg, the liberal icon, after her death in 2020, Chief Justice Roberts’s power fizzled.

“This is no longer John Roberts’s court,” Mary Ziegler, a law professor and historian at the University of California, Davis, said on Friday.

Read more at the NYT.

At The Cut, Rebecca Traister argues: The Necessity of Hope Things are bad. They will get worse. But despair has never been an option.

Today is the day that this nation sees, with eyes that are briefly clear, exactly how bad things are, and exactly how bad they will become. No clouds today where I live. Only a stark and chilling truth in a bright blue sky: Roe is overturned, and so is Casey.

The dissent, co-authored by the Supreme Court’s three liberals, is explicit: “Whatever the exact scope of the coming laws, one result of today’s decision is certain: the curtailment of women’s rights, and of their status as free and equal citizens.” They write that, in the wake of this decision, “from the very moment of fertilization, a woman has no rights to speak of. A state can force her to bring a pregnancy to term, even at the steepest personal and familial costs.”

So that, as they say, is that. Where we are. We can all see it, and so much more: Clarence Thomas, in his concurrence, openly declares that same-sex marriage and contraception are next. Gender-affirming health care, LGBTQ protections, voting rights, labor and environmental regulations — they are all prey to this ravening court and the party of malevolent ideologues and cynical tacticians that stands behind it.

f2099ab7aa48240b8da2b8e618068023Today also makes indisputable, thanks to Representative Jim Clyburn (who called today’s decision in Dobbs v. Jackson Women’s Health Organization “anticlimactic”) and his fellow House Democrats (who had the gall to stand outside the Capitol and sing “God Bless America” as protesters gathered at the Court and troops in riot gear marched to meet them), that those with the most power in the Democratic Party are as inept as their fiercest critics have claimed.

Today is wretched and plain. And it is not the bottom, as many people may feel it is. It will get worse; we will go lower. As the Court’s dissent insists, correctly, “Closing our eyes to the suffering today’s decision will impose will not make that suffering disappear.”

And so, with all this laid out, ugly and incontrovertible, the task for those who are stunned by the baldness of the horror, paralyzed by the bleakness of the view, is to figure out how to move forward anyway.

Because while it is incumbent on us to digest the scope and breadth of the badness, it is equally our responsibility not to despair.

So far, Traister isn’t convincing me that we have a lot of hope, but she’s right that we have to go on trying.

Take care, Sky Dancers. I wish you all a peaceful weekend. 


Friday Reads: Back to the Dark Ages and a Funeral for Democracy

It’s a Sad Day Sky Dancers!

The machinations of religious extremists, Mitch McConnell seeking endless power, and white nationalists have brought us to this moment.  Many of the fundamental rights established over the last 100-plus years are now being disassembled by a Supreme Court stacked with extremists appointed under very dicey circumstances.

I never thought I’d ever see such a radical overreach to tear down well-established precedents backed up with stories bringing us back to the Wild West with its primitive firearms and the rejection of medical science and the establishment clause based on nothing but wild dreams of a white male religious zealot to drag us way back in time.  So a guy about 300 years ago who liked to dox witches gets a say in what happens to American Women’s bodies but they don’t?  The court made sure in case-after-case that we knew they didn’t care about established laws. Their religious, economic, and social agendas are dominant not anything else.

Our taxes can now be used for religious indoctrination.  Anyone can conceal/carry a weapon just about everywhere they want.   Most importantly, women have been designated state property with little control over their bodies. Police no longer are held responsible for reading folks their Miranda rights.  Who will they come for next?

I’m gratuitously using John (repeat1968) Buss for this thread because the images of the Spanish Inquisition are just about as horrid as you’d think they would be.  But that is exactly how I feel about the Roberts’ Court.  They are a group of inquisitors.

I am not state property.  My Daughters are not state property.  My granddaughters are not state property.  No Woman or girl in this country should ever be assigned the role of chattel again.

Here are some links to information on these horrible decisions.

Striking down Roe v. Wade

From the USA Today Tweet: “What Barack Obama, Mike Pence and others are saying about the end of Roe”.

Immediately following the Supreme Court’s ruling on Friday to overturn Roe v. Wade, current and former lawmakers reacted to the end of Americans’ Constitutional right to an abortion.

The decision had been anticipated since the Supreme Court took the Dobbs v. Jackson case this year. A leak of the decision last month showed a 6-3 decision to overturn Roe v. Wade, which was indeed the final outcome.

The ruling:Supreme Court overturns Roe v. Wade, eliminating constitutional right to abortion.

I’m going to highlight Speaker Pelosi’s words because she’s the one most responsible for getting rid of this abomination.

Speaker Pelosi says Dems will fight ‘ferociously’ to enshrine Roe

Speaker Nancy Pelosi said the U.S. Supreme Court decision to overturn Roe v. Wade is “outrageous and heart-wrenching” and vowed to fight against it in Congress and at the ballot box.

The ruling is the result of the GOP’s “dark and extreme goal of ripping away women’s right to make their own reproductive health decisions,” she said.

“Because of Donald Trump, Mitch McConnell, the Republican Party and their supermajority on the Supreme Court, American women today have less freedom than their mothers,” Pelosi said.

During her weekly news conference, shortly after the SCOTUS decision, she warned that Republicans in Congress want a nationwide ban. She indicated the only way to stop that was to keep the GOP from gaining a majority in the midterm.

“A woman’s right to choose is on the ballot in November,” Pelosi said.

And, from Hillary:

Hillary Clinton: Opinion “Will live in infamy”

Former First Lady and Secretary of State Hillary Clinton tweeted that the Supreme Court’s decision “will live in infamy” as a step backwards for women’s rights.

“Most Americans believe the decision to have a child is one of the most sacred decisions there is, and that such decisions should remain between patients and their doctors,” she wrote.

Clinton also called on the public to support and donate to Democratic candidates, to protect reproductive rights by winning elections “at every level.”

 

Thousands of people gathered in New York City and across the country to show their support for abortion rights nearly two weeks after the leak of a draft Supreme Court opinion overturning Roe v. Wade.  The New York Times

Abortion will be banned in thirteen states.  Each state will have to work out it’s own law to meet this horrid decision. Again, I’m just glad that My OB/GYN Doctor Daughter and her daughters are in Washington State. It’s enshrined in their State Constitution.  My Colorado Daughter says she’s safe there too. I can’t imagine having working equipment and living here in Lousyana.  My governor signed death sentences for many Louisiana women yesterday. 

This is bCaroline Kitchener writing in WAPO: “Roe’s demise marks new phase in state-by-state battle over abortion. The Supreme Court’s decision to strike down the landmark precedent will prompt immediate changes to the country’s abortion landscape”.

The tremors from Friday’s sweeping Supreme Court decision to strike down Roe v. Wade will ripple across the country almost immediately, with roughly half of all states poised to ban or drastically restrict abortion.

Thirteen states will outlaw abortion within 30 days with “trigger bans” that were designed to take effect as soon as Roe was overturned. These laws make an exception for cases where the mother’s life is in danger, but most do not include exceptions for rape or incest.

In many states, trigger bans will activate as soon as a designated state official certifies the decision, which Republican lawmakers expect to happen within minutes.

“They just need to acknowledge, ‘Yes, this has occurred,’ ” said Arkansas state Sen. Jason Rapert (R), who has championed much of his state’s antiabortion legislation, including its trigger ban. “I’ll be happy to see the butcher mill in Little Rock, Arkansas, shut down for good.”

All the Republican Politicians speaking out on this have their white patriarchal churchman voices out.  Like Rapert, quoted above, they use yellow prose and outrageous language.

Here’s the quick take from ScotusBlog on the Dobbs decision banning abortion.

Although the Supreme Court’s decisions in Roe and Casey established such a right, Alito continued, those decisions should nonetheless be overruled despite the principle of stare decisis – the idea that courts should not overturn their prior precedent unless there is a compelling reason to do so. Noting that some of the Supreme Court’s other landmark decisions, such as Brown v. Board of Education, rejecting the “separate but equal” doctrine, had overruled precedent, Alito emphasized that Roe was “egregiously wrong and deeply damaging” and – along with Casey – should not be allowed to stand. Instead, Alito concluded, the issue of abortion should “return … to the people’s representatives.”

Roberts agreed with the decision to uphold the Mississippi law, but he would have done so without formally overruling Roe and Casey. Echoing a position that he took at the oral argument (which then, as now, did not seem to attract any other supporters), Roberts would have allowed states to continue to regulate abortion without regard to whether the fetus has become viable – that is, the point at which it can survive outside the womb. In Casey, the court ruled that states may not ban abortions after the point of viability, which is typically considered to be at 22 to 24 weeks of pregnancy.

The right to terminate a pregnancy, Roberts reasoned, should “extend far enough to ensure a reasonable opportunity to choose, but need not extend any further.” But the court could and should, Roberts wrote, “leave for another day whether to reject any right to an abortion at all.”

In a rare joint dissent, Breyer, Sotomayor, and Kagan pushed back against the majority’s characterization of the decision as leaving the issue of abortion to the states. Friday’s ruling, they cautioned, is likely to have a “geographically expansive” effect, as states may pass laws that include restrictions on traveling out of state to obtain abortions. “Most threatening of all,” they added, nothing in the majority’s decision “stops the Federal Government from prohibiting abortions nationwide, once again from the moment of conception and without exceptions for rape and incest.”

“Whatever the scope of the coming laws,” they concluded, “one result of today’s decision is certain: the curtailment of women’s rights, and of their status as free and equal citizens.”

BOSTON, MA – 5/7/2022 Members of The Boston Red Cloaks carried signs hung from clothing hangers as they marched on the State House and advocated for reproductive freedom on Saturday. The Boston Red Cloaks were joined by over a dozen others as they rallied in support of Roe vs. Wade. Erin Clark/Globe Staff
Topic: 08ROEVWADERAALLY

Let me just give you some links analysis at Scotusblog to the other decisions that will make all of us more unsafe.

In a 6-3 ruling, the court strikes down New York’s concealed-carry law.

Thursday’s landmark decision came less than six weeks after a gunman killed 10 Black people at a Buffalo supermarket, and less than a month after 21 people – 19 children and two teachers – were shot to death at an elementary school in Uvalde, Texas. In response to those shootings, the Senate this week reached an agreement on bipartisan gun-safety legislation that, if passed, would be the first federal gun-control legislation in nearly 30 years. The 80-page bill would (among other things) require tougher background checks for gun buyers under the age of 21 and provide more funding for mental-health resources.

The state law at the heart of New York State Rifle & Pistol Association v. Bruen required anyone who wants to carry a concealed handgun outside the home to show “proper cause” for the license. New York courts interpreted that phrase to require applicants to show more than a general desire to protect themselves or their property. Instead, applicants must demonstrate a special need for self-defense – for example, a pattern of physical threats. Several other states, including California, Hawaii, Maryland, Massachusetts, and New Jersey, impose similar restrictions, as do many cities.

The lower courts upheld the New York law against a challenge from two men whose applications for concealed-carry licenses were denied. But on Thursday, the Supreme Court tossed out the law in an ideologically divided 63-page opinion.

The court rejected a two-part test that many lower courts have used to review challenges to gun-control measures. That test looked first at whether a restriction regulates conduct protected by the original scope of the Second Amendment and then, if so, whether the restriction is fine-tuned to advance a significant public interest. Instead, Thomas wrote, if “the Second Amendment’s plain text covers an individual’s conduct,” the government has the burden to show that the regulation is consistent with the historical understanding of the Second Amendment.

Applying that new and more stringent standard to the New York proper-cause requirement, Thomas found that the challengers’ desire to carry a handgun in public for self-defense fell squarely within the conduct protected by the Second Amendment. The amendment’s text does not distinguish between gun rights in the home and gun rights in public places, Thomas observed. Indeed, he suggested, the Second Amendment’s reference to the right to “bear” arms most naturally refers to the right to carry a gun outside the home.

After reviewing nearly seven centuries’ worth of historical sources, beginning in the 1200s and going through the early 1900s, Thomas concluded that although U.S. history has at times placed some “well-defined restrictions” on the right to carry firearms in public, there was no tradition of a broad prohibition on carrying commonly used guns in public for self-defense. And with rare exceptions, Thomas added, there was no historical requirement that law-abiding citizens show the kind of special need for self-defense required by the New York law to carry a gun in public. Indeed, Thomas concluded, there is “no other constitutional right that an individual may exercise only after demonstrating to government officers some special need.”

Thomas obviously missed the part about most sheriffs of small towns in the Wild West collecting guns at the city borders before anyone was allowed to head to the salon.  Is that okay Uncle Thomas?

From CNN: Supreme Court limits ability to enforce Miranda rights.  I mean who needs to know their constitutional rights anyway when you’re dead set on canceling them?

The Supreme Court limited the ability to enforce Miranda rights in a ruling Thursday that said that suspects who are not warned about their right to remain silent cannot sue a police officer for damages under federal civil rights law even if the evidence was ultimately used against them in their criminal trial.

The court’s ruling will cut back on an individual’s protections against self-incrimination by barring the potential to obtain damages. It also means that the failure to administer the warning will not expose a law enforcement officer to potential damages in a civil lawsuit. It will not impact, however, the exclusion of such evidence at a criminal trial.

The court clarified that while the Miranda warning protects a constitutional right, the warning itself is not a right that would trigger the ability to bring a civil lawsuit.

“Today’s ruling doesn’t get rid of the Miranda right,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. “But it does make it far harder to enforce. Under this ruling, the only remedy for a violation of Miranda is to suppress statements obtained from a suspect who’s not properly advised of his right to remain silent. But if the case never goes to trial, or if the government never seeks to use the statement, or if the statement is admitted notwithstanding the Miranda violation, there’s no remedy at all for the government’s misconduct.”

These guys really like to give the state the power to oppress and let gun-toting fascists run free, don’t they?

The last one to be worried about is this one. Remember, Justice Roberts, hates voting rights.  This is from Scotusblog: “North Carolina Republican lawmakers win right to intervene in court and defend state’s voter-ID law.” All this analysis I keep quoting is from Amy Howe, btw.  I’d say this is a signal they are ready to get rid of more voting rights which is about the only way their kind stays in power.

The Supreme Court on Thursday ruled that two Republican legislators in North Carolina can join a lawsuit to defend the constitutionality of the state’s voter-identification law. Two lower courts had rejected the legislators’ request, reasoning that the state’s Democratic attorney general and the board of elections were already defending the law, but the justices reversed those rulings. In an 8-1 opinion by Justice Neil Gorsuch, the Supreme Court ruled that the Republican legislators have a right to intervene in the lawsuit.

Thursday’s decision addressed only the legislators’ right to join the lawsuit to defend the voter-ID law; it did not address the underlying issue of whether the law violates federal voting-rights protections.

The law at the center of the case requires voters to provide photo identification to cast a ballot and directs county election boards to provide ID cards at no cost to voters. The state’s legislature passed the law in 2018, and it went into effect over a veto by the state’s governor, Democrat Roy Cooper. The North Carolina NAACP then went to federal court, where it argued that the law violates both federal voting rights laws and the Constitution. When Philip Berger, the leader of the North Carolina Senate, and Timothy Moore, the leader of the state’s House of Representatives, asked to intervene in the lawsuit, the district court rebuffed their request, and the U.S. Court of Appeals for the 4th Circuit upheld that decision.

In an 18-page opinion, Gorsuch explained that the first issue before the court was whether the Republican legislators had an interest in the outcome of the dispute that would be “practically impaired or impeded without their participation.” As a general rule, Gorsuch posited, barring a state’s authorized representatives from intervening in a federal lawsuit challenging a state law will have such an effect on a state’s interests. And in this case, Gorsuch continued, other provisions of North Carolina law had specifically given its legislative leaders the power to defend the state’s interests in cases like this one.

What’s more, Gorsuch added, the 4th Circuit was wrong to presume that the state’s attorney general, Democrat Josh Stein, had adequately represented the state’s interests. That inquiry, Gorsuch wrote, is backward, because the Supreme Court’s cases have made clear that would-be intervenors generally have to meet only a relatively low bar. But such a presumption, Gorsuch continued, “is inappropriate when a duly authorized state agent seeks to intervene to defend a state law.” “Normally,” Gorsuch said, “a State’s chosen representatives should be greeted in federal court with respect, not adverse presumptions.”

Gorsuch acknowledged the NAACP’s concern that allowing legislative leaders to intervene to defend state laws could in some cases make litigation more complicated and potentially unwieldy. “But that case is not this case,” Gorsuch stressed. The legislative leaders “bring a distinct state interest” to the case – and indeed, “federal courts routinely handle cases involving multiple officials sometimes represented by different attorneys taking different positions.”

Justice Sonia Sotomayor was the lone dissenter.

This is bound to work its way back to them.

This has been the hardest post I’ve ever had to right except for the ones related to Trump taking over the presidency.  It’s obvious that elections have consequences. This includes the state and local levels.  These next two will show us if we’ve lost the Republic, our democracy, and hope for our future. Just do what you can to get out the vote.

What’s on your reading and blogging list today?


Thursday Reads

Timothy Horn, Leaving Kansas

Timothy Horn, Leaving Kansas

Good Morning!!

The 5th January 6 hearing will be held today at 3PM. The planned 6th hearing has now been postponed until after the July 4th break, and there will be at least 2 more hearings in July. Today the committee will focus on Trump’s attempts to get the Department of Justice to help him overturn the 2020 election results. Republican Adam Kinzinger will take the lead today.

NPR: Who you’ll hear from and what to expect in today’s Jan. 6 House committee hearing.

Acting Attorney General Jeffrey Rosen and former Acting Deputy Attorney General Richard Donoghue are among Thursday’s witnesses. Both refused to give in to Trump’s efforts to get the DOJ to advance his fraudulent claims of voter fraud and overturn the election.

When former Attorney General Bill Barr announced his resignation in December 2020, Trump badgered Rosen and Donoghue in at least nine calls and meetings, according to a report by the Senate Judiciary Committee.

“Just say the election was corrupt and leave the rest to me and the Republican congressmen,” Trump told the two men, according to their testimony.

Also to appear in Thursday’s hearing is Steven Engel, who headed DOJ’s Office of Legal Counsel. Engel was one of the officials who told the former president he would have no choice but to quit if Trump replaced the acting attorney general with environmental lawyer Jeffrey Bossert Clark. Clark was reportedly more willing to go along with Trump’s fraudulent claims of a stolen election.

Several other DOJ lawyers, including Donoghue, also threatened to quit if Clark was appointed.

“The President said ‘Suppose I do this. Suppose I replace him, Jeff Rosen, with him, Jeff Clark. What do you do?’ And I said ‘Sir, I would resign immediately. There is no way I’m serving one minute under this guy, Jeff Clark,'” Donoghue said in a piece of video testimony played at Tuesday’s hearing.

Clark appeared before the House committee in February for a deposition, but pled the Fifth dozens of times.

Horn-Timothy-e1460054648141

Timothy Horn

More from CNN: What to watch for in Thursday’s January 6 committee hearing.

Three top officials who led the Justice Department in the final days of the Trump administration will testify at Thursday’s hearing at 3pm ET about how the then-President and his allies sought to enlist the department to give their baseless fraud allegations credibility and how Trump considered replacing the acting attorney general with an official who bought into his claims of fraud, according to committee aides.

Aides said that the hearing would also scrutinize discussions inside the White House about the appointment of a special counsel to investigate Trump’s claims of voter fraud, which came up at a heated December 2020 Oval Office meeting with Sidney Powell and Trump’s first national security adviser, Michael Flynn.

But the main focus of the hearing will be Jeffrey Clark:

Committee aides said the hearing would focus on the role that Clark played inside the Justice Department pushing Trump’s false claims of fraud. Clark planned to “reverse the department’s investigative conclusions regarding election fraud,” according to committee aides, and wanted to send out letters to states suggesting there had been fraud.

His push was swiftly rejected by Rosen and Donoghue, which led to the Oval Office showdown where Trump considered putting Clark in charge of the department.

While serving as the acting head of civil cases at the Justice Department at the end of the Trump presidency, Clark floated plans to give Georgia’s legislature and other states backing to undermine the popular vote results. He gave credence to unfounded conspiracy theories of voter fraud, according to documents from the Justice Department, and communicated with Trump about becoming the attorney general, a Senate investigation found this month.

The extent of Clark’s talks with Trump in the days before January 6 aren’t yet publicly known.

Ryan J. Reilly at NBC News: Who is Jeffrey Clark? Jan. 6 panel seeks to make Trump’s man at DOJ famous.

Clark took a pretty standard path for a conservative lawyer: Harvard University, Georgetown Law, clerk for Ronald Reagan-appointed federal appeals Judge Danny Julian Boggs and a partnership at the law firm Kirkland & Ellis, with a stint in the Justice Department’s environmental division during George W. Bush’s administration. His unusually long Justice Department biography even included, for some reason, details about his elementary school….

Timothy Horn, Blue Bug

Timothy Horn, Blue Bug (shadow selfie)

After the 2020 election, according to his fellow Republican-appointed colleagues at the Justice Department, Clark began to elicit concerns.

“What’s going on with Jeff Clark?” Trump-appointed acting Attorney General Jeffrey Rosen recalled in an interview with the Senate Judiciary Committee. He added that Clark brought up “internet theories” about voting machines’ being hacked via smart thermostats. “This is inconsistent with how I perceived him in the past.”

Rosen started realizing something was “off-kilter,” that “something odd was going on with Jeff Clark,” when it was learned that he had, in violation of a Justice Department rule banning contact between Justice Department officials and the White House except through proper channels, met with Trump.

“It’s even more evident in hindsight, but at the time, I did think, ‘He’s meeting with the president and now he wants to be briefed by the DNI on thermostats?’ plus the title change. Just what is going on here with Jeff Clark?” [….]

Clark is still on the Trump train and is still a conspiracy theorist.

Previous testimony indicates Clark was a true believer who was convinced the election had been stolen. To his colleagues at the Justice Department, according to the testimony, he was the butt of the joke, a guy who — in spite of his education — lacked the ability to discern fact from fiction on the World Wide Web….

Clark has continued to be a presence in MAGA world. He has an account with a few hundred followers on Truth Social, Trump’s social media platform, where his Trump-mimicking handle is @RealJeffClark.

He has said the Jan. 6 committee is “power drunk and unconstitutional,” and he has shared stories from the conspiracy website Gateway Pundit, including a story about the debunked propaganda movie “2000 Mules.” He has written for the conspiracy website Revolver News about what he described as efforts to “Kill All the Trump Lawyers — By Canceling Them.” He’s making appearances on Steve Bannon’s “War Room” podcast. And he’s trying to raise money, telling would-be donors that he has “been targeted for cancellation by the hyper-partisan January 6 Committee, the ‘mainstream’ media, and a collection of leftist law professors and supposed ‘Republicans’ who are conveniently never-Trumpers.”

congregation1824s

Timothy Horn

The hearing should be interesting. According to Luke Broadwater of The New York Times,

The House committee investigating the Jan. 6 attack on the Capitol plans to unveil new evidence on Thursday about how President Donald J. Trump tried to manipulate the Justice Department to help him cling to power after he lost the 2020 election, aides said on Wednesday….

The story of how Mr. Trump attempted to intervene in the workings of the Justice Department to keep himself in office has been well documented by both the Senate Judiciary Committee and the House Jan. 6 committee, but aides to the House inquiry said Thursday’s hearing will contain new revelations.

Meanwhile, the current DOJ has stepped up its investigation of Trump’s efforts to get state legislatures to submit “alternate” slates of electors from swing states that Biden won.

The Washington Post: Jan. 6 probe expands with fresh subpoenas in multiple states.

Federal agents investigating the Jan. 6, 2021, attack on the U.S. Capitol on Wednesdaydropped subpoenas on people in multiple locations, widening the probe of how political activists supporting President Donald Trump tried to use invalid electors to thwart Joe Biden’s 2020 electoral victory.

Agents conducted court-authorized law enforcement activity Wednesday morning at different locations, FBI officials confirmed to The Washington Post. One was the home of Brad Carver, a Georgia lawyer who allegedly signed a document claiming to be a Trump elector. The other was the Virginia home of Thomas Lane, who worked on the Trump campaign’s efforts in Arizona and New Mexico. The FBI officials did not identify the people associated with those addresses, but public records list each of the locations as the home addresses of the men.

Among those who received a subpoena Wednesday was David Shafer, the chairman of the Georgia Republican Party, who served as a Trump elector in that state, people familiar with the investigation said. Shafer’s lawyer declined to comment.

Separately, at least some of the would-be Trump electors in Michigan received subpoenas, according to a person who spoke on the condition of anonymity to discuss an ongoing investigation. But it was not immediately clear whether that activity was related to a federal probe or a state-level criminal inquiry.

Timothy Horn

Timothy Horn

The precise nature of the information being sought by the Justice Department at the homes of Carver and Lane was not immediately clear.

Officials have previously said that the Justice Department and the FBI were examining the issue of false electors, whom Trump and others hoped might be approved by state legislators in a last-ditch bid to keep Trump in the White House. Until now, however, those investigative efforts seemed to primarily involve talking to people in Republican circles who knew of the scheme and objected; the subpoenas issued Wednesday suggest the Justice Department is now moving to question at least some of those who allegedly agreed to pursue the effort.

Later yesterday, 8NewsNow in Las Vegas reported that the FBI searched the home of the Chairman of the Nevada GOP and took his phone: I-Team sources: FBI seizes Nevada GOP chairman’s phone as part of fake elector investigation.

FBI agents served a search warrant Wednesday on Nevada’s top GOP official, sources told the 8 News Now I-Team’s George Knapp.

Agents seized the cell phone of state Republican chairman Michael McDonald, reportedly as part of an investigation into the fake elector scheme initiated at the end of the 2020 presidential election.

A second search warrant was issued for state party secretary James DeGraffenreid, who also signed the document, but FBI agents could not locate him Wednesday, sources told Knapp.

In December 2020, the 8 News Now I-Team reported the Nevada Republican Party’s six electors signed paperwork signaling their support for former President Donald Trump in a symbolic ceremony devoid of any legal merit, which was held in Carson City and coincided with the official state-sanctioned tally on Dec. 14, 2020….

The certificate received by the National Archives looks much different than the official state-sealed one and reads, “We, the undersigned, being the duly elected and qualified electors for president and vice president of the United States of America from the State of Nevada, do hereby certify six electoral votes for Trump.”

In a statement after the event, Nevada GOP chair Michael McDonald said the party’s electors convened in Carson City due to ongoing legal battles seeking to overturn the election results. Nevada Republicans lost all court cases involving allegations of voter fraud.

Timothy Horn4

Timothy Horn

CNN: DOJ subpoenas Georgia Republican Party chairman as it expands Trump fake elector probe.

Federal investigators subpoenaed the Georgia Republican Party chairman for information related to the fake elector scheme there — as the Justice Department has issued a fresh round of subpoenas to people from several states who acted as rogue electors after the 2020 presidential election, multiple sources familiar with the situation told CNN.

The subpoena for the chairman, David Shafer, represents a significant step because he played a central role in organizing the fake slate of electors from Georgia and coordinated the effort with the Trump campaign.

The focus on Shafer also comes as sources tell CNN the Justice Department subpoenaed Trump electors this week in Georgia, Michigan and Pennsylvania — all states that former President Donald Trump lost.

The Justice Department has been scrutinizing the Trump campaign’s use of so-called alternate electors. The new round of subpoenas represents an escalation of a criminal probe that, before now, had approached lower-level Republicans. All along, however, federal investigators have pursued information about political figures higher up, including at the top of the Trump campaign.

In the weeks after the 2020 election and leading up to January 6, 2021, Trump’s allies sent fake slates of electors to the National Archives declaring that the then-President had won seven states that he actually lost. The bid failed, and then-Vice President Mike Pence certified Joe Biden’s electoral win on January 6 after rioters had been cleared from the US Capitol.

Related stories to check out, links only:

The Washington Post: Sen. Ron Johnson under fire over fake-electors disclosure at hearing.

William Saletan at The Bulwark: John Eastman’s Phony “Plenary Authority” Theory.

CBS News: CBS News obtains images from documentary film footage given to Jan. 6 panel.

CNN: What Americans are saying about the Jan. 6 hearings.

The Washington Post: As Jan. 6 committee targets Trump, his consternation at McCarthy grows.

The New York Times: A Year Later, Some Republicans Second-Guess Boycotting the Jan. 6 Panel.

Have a nice Thursday, and if you watch the hearing this afternoon, please share your reactions with us.


Tuesday Reads

Bowes, Josephine, 1825-1874; Study of Birch Trees

Bowes, Josephine; Study of Birch Trees; The Bowes Museum.

Good Morning!!

Today’s January 6 Committee hearing has now been scheduled for 1PM. As you know, the hearing will focus on Trump’s efforts to pressure state lawmakers to set up slates of fake electors. It could be a blockbuster. Politico just broke the news that Ginni Thomas’s communications with Arizona lawmakers could come up in the questioning.

From the Politico Playbook:

The logistics … Chair BENNIE THOMPSON (D-Miss.) and Vice Chair LIZ CHENEY (R-Wyo.) are expected to open the hearing, and Rep. ADAM SCHIFF (D-Calif.) will play a key role. There will be four witnesses broken up over two panels.

— The first panel features (1) Arizona House Speaker RUSTY BOWERS(2) Georgia Secretary of State BRAD RAFFENSPERGER and (3) his deputy, GABRIEL STERLING.

Bowers is expected to describe the pressure campaign from Trump, RUDY GIULIANI and VIRGINIA THOMAS, the wife of Supreme Court Justice CLARENCE THOMAS. In one phone call, Trump and Giuliani pushed Bowers to change Arizona law retroactively “to allow the Legislature to choose a different slate of presidential electors than picked by voters.”

And the Playbook also broke this news this morning:

SCOOP: The House select committee investigating Jan. 6 sent a subpoena last week to ALEX HOLDER, a documentary filmmaker who was granted extensive access to President DONALD TRUMP and his inner circle, and who shot interviews with the then-president both before and after Jan. 6. The existence of this footage is previously unreported.

Landscape with trees, Felix Edouard Vallotton

Landscape with trees, Felix Edouard Vallotton

A source familiar with the project told Playbook on Monday night that Holder began filming on the campaign trail in September 2020 for a project on Trump’s reelection campaign. Over the course of several months, Holder had substantial access to Trump, Trump’s adult children and VP MIKE PENCE, both in the White House and on the campaign trail.

According to the subpoena, which was obtained exclusively by Playbook, the committee wants three main things from Holder:

(1) Raw footage from Jan. 6.

(2) Raw footage of interviews from September 2020 to present with Trump, Pence, DONALD TRUMP JR.IVANKA TRUMPERIC TRUMP and JARED KUSHNER.

(3) Raw footage “pertaining to discussions of election fraud or election integrity surrounding the November 2020 presidential election.”

Holder is expected to fully cooperate with the committee in an interview scheduled for Thursday. Read the full subpoena

The second panel will focus on an election worker from Georgia:

— The second panel has just one witness: SHAYE MOSS, an election worker in Georgia. She and her mother processed ballots in 2020 and were targets of a smear campaign by Trump allies. David Wickert at the Atlanta Journal-Constitution has a deep dive on Moss, who was accused “of rigging the November 2020 election for Joe Biden with ‘suitcases’ of ballots on election night. The pair were featured in a video that Trump attorney Rudy Giuliani called a ‘smoking gun’ for voting fraud.”

A committee aide said that Moss would outline how “being targeted by the former president has upended her life and that of her mother. … They were subjected to death threats, intimidation, coercion, forced to go into hiding.”

Raffensperger and Sterling are relatively well known now, but I had not heard of Rusty Bowers before. Here’s some information about him from The Washington Post: Who is Rusty Bowers?

Arizona House Speaker Russell “Rusty” Bowers, a Republican, was pressured by Donald Trump and other members of his party to refuse to accept the results of Arizona’s election in 2020. Bowers is expected to be Tuesday’s first live witness before the Jan. 6 panel.

Vickerman, Stanley, 1922-1997; Tree Roots

Vickerman, Stanley; Tree Roots; Kirklees Museums and Galleries

Bowers, 69, supported Trump’s 2020 campaign. When the former president lost the election in Arizona by 10,457 votes, he and his lawyer Rudy Giuliani called Bowers to persuade him to block the state legislature from certifying the results.

Bowers refused.

His decision to stand firm against Trump put him at the center of the ire of the former president’s supporters. Armed protesters gathered outside his house and screamed that he was a pedophile. Last summer, the state’s right-wing Patriot Party attempted to recall Bowers from office, complaining that he did not do enough to support an audit of the 2020 election. The effort failed, the Arizona Republic reported.

The state lawmaker, who will not be in charge of the Arizona House next year — he decided to seek a state Senate seat instead — received the John F. Kennedy Profile in Courage Award in April for resisting intimidation from Trump.

Adam Schiff will take the lead in today’s hearing. From Nicholas Wu and Kyle Cheney at Politico: Jan. 6 committee to highlight Trump’s state-level pressure to overturn the 2020 election.

The select committee intends to lay out Tuesday how Trump leaned on statehouse Republicans — from Pennsylvania, to Georgia, to Michigan, to Arizona and others — to pull off a scheme that would culminate on Jan. 6, 2021, when then-Vice President Mike Pence presided over the counting of electoral votes.

Under Trump’s plan, Pence would be presented with competing slates of electors — those certified by the governors, and those certified by state legislators — and he would assert the extraordinary power to choose which slates to count. But no state legislature responded to Trump’s demand, and Pence, without any genuine controversy, rejected the scheme as illegal.

In fact, the legality of the plan will be at the heart of Tuesday afternoon’s hearing, which will be led in part by panel member Rep. Adam Schiff (D-Calif.). It’s the select panel’s fourth public hearing as investigators lay out their findings.

Dancing around the large trees at Perros Maurice Denis - 1914, Bo Fransson

Dancing around the large trees at Perros Maurice Denis – 1914, Bo Fransson

Trump-aligned lawyers concocted the effort, leaning on fringe constitutional theory and the guidance of John Eastman, a primary architect of the effort to pressure Pence on Jan. 6. Eastman himself acknowledged in emails obtained by the select committee that the Pence plan would be “dead on arrival” without the backing of state legislatures — yet he pushed ahead anyway, suggesting that the confusion around alternate electors would give Pence enough cover to act.

Trump’s own White House counsel’s office also raised doubts about the plan, according to testimony released by the select panel in court filings. And in the days before Jan. 6, Pence’s chief counsel Greg Jacob engaged in an intense debate with Eastman, contending that not a single justice of the Supreme Court would back his plan — a point he said Eastman reluctantly conceded.

Select committee aides told reporters Monday that the hearing would highlight new evidence of Trump’s direct awareness and involvement in the fake electors scheme. To highlight the issue, the panel plans to hear from Georgia Secretary of State Brad Raffensperger, his aide Gabriel Sterling and other state and local officials. Several of Tuesday’s witnesses were subpoenaed to appear. Schiff told the Los Angeles Times Monday the panel would also highlight proof of then-White House chief of staff Mark Meadows’ involvement in Georgia.

I don’t want to miss a minute of this!

This is from yesterday’s Washington Post: Trump campaign documents show advisers knew fake-elector plan was baseless.

The convening of the electoral college on Dec. 14, 2020, was supposed to mark the end of the wild, extended presidential election that year.

But when the dayarrived, a strange thing happened. In seven swing states won by JoeBiden, when the Democrat’s electors assembled to formally elect him president, Trump supporters showed up, too, ready to declare that their man had actually won.

“The electors are already here — they’ve been checked in,” a state police officer told the group in Michigan, according to a video of the encounter, as he barred the Republicans from the Capitol in a state Biden won by more than 154,000 votes.

In Nevada,a state Biden had won by about 33,600 votes,a photo distributed by the state Republican Party showed Trump supporters squeezing around an undersize picnic table dressed up with a bit of bunting, preparing to sign formal certificates declaring that they were “the duly elected and qualified” electors of their state.

Ellison, R.; Oak Trees

Ellison, R.; Oak Trees; Colchester and Ipswich Museums Service

At the time, the gatherings seemed a slapdash, desperate attempt to mimic President Donald Trump’s refusal to concede.

But internal campaign emails and memos revealthat the convening of the fake electors was apparently a much more concerted strategy, intended to give Vice President Mike Pence a reason to declare that the outcome of the election was somehow in doubt on Jan. 6, 2021, when he was to preside over the congressional counting of the electoral college votes.

The documents show that Trump’s team pushed ahead and urged the electors to meet — then pressured Pence to cite the alternate Trump slates — even as various Trump lawyers acknowledged privately that they did not have legal validity and the gatherings had not been in compliance with state laws.

Adam Schiff spoke to The Los Angeles Times about Mark Meadows’ role in interfering in the Georgia election: House Jan. 6 committee to reveal Meadows’ pressure on Georgia election officials.

The House Jan. 6 committee plans to show in its fourth hearing Tuesday that President Trump’s then-chief of staff Mark Meadows “had an intimate role … in this plot to put pressure on [Georgia] state legislators and on elections officials,” Rep. Adam B. Schiff (D-Burbank), a member of the panel, told The Times in an interview.

Among other things, Schiff said the committee investigating the 2021 insurrection at the U.S. Capitol will release new information about Meadows’ appearance at a key election meeting in Georgia and text messages revealing that he wanted to send autographed Make America Great Again hats to people conducting the audit….

With the Jan. 6 probe, Schiff and House Democrats have a powerful tool they lacked in the previous investigations: Some of Trump’s closest allies have spelled out in sworn testimony the details of the former president’s actions leading up to Jan. 6 and, in many cases, how they advocated against such moves.

In the interview, Schiff, a former prosecutor, expressed surprise that the House committee got so many people to speak on the record.

“I’m glad these people are coming forward,” he said. “I’m glad they’re speaking out. It took a long time for [former Atty. Gen.] Bill Barr to do the right thing. It took a long time for many others who enabled Donald Trump to say ‘I can’t go any further.’”

But he added, if they had spoken out earlier, “we might have been spared all the trauma we went through.”

Bough, Samuel, 1822-1878; Entrance to Cadzow Forest, near Glasgow

Bough, Samuel; Entrance to Cadzow Forest, near Glasgow; York Museums Trust.

I’ll end with some Ginni Thomas news that The Washington Post broke last night: Speaker at meeting of Ginni Thomas group called Biden’s win illegitimate long after Jan. 6, video shows.

Two months after rioters stormed the U.S. Capitol in an attempt to help President Donald Trump stay in office, Virginia “Ginni” Thomas, the wife of Supreme Court Justice Clarence Thomas, attended a gathering of right-wing activists where a speaker declared to roaring applause that Trump was still the “legitimate president,” a video recording of the event shows.

“There is a robbery that is going on in this country right now,” pastor and conservative radio personality C.L. Bryant told the crowd, according to video posted to Facebook by an attendee. “In fact, I say it to you and I’ll say it loud and clear, and I’m not ashamed to say it. I won’t bite my tongue. I do believe that Donald John Trump is the only legitimate president.”

The event on March 6, 2021, was a meeting of Frontliners for Liberty. The group vaulted from obscurity to national attention last week with the disclosure that Thomas had invited pro-Trump lawyer John Eastman to speak to its members in December 2020.

The revelation, originating from emails that a judge ordered Eastman to turn over to the House committee investigating the Jan. 6 insurrection, showed that Thomas was in contact with Eastman, a key legal architect of the attempt to subvert the election. The judge, David O. Carter of the Central District of California, wrote in a June 7 opinion that the emails, including two in which the group’s “high-profile leader” invited Eastman to speak — were relevant to the committee’s work.

While text messages and emails unearthed in recent weeks have shown that Thomas was involved in those efforts before Jan. 6, her attendance at the Orlando gathering indicates that her alliance with election deniers continued even after Joe Biden was inaugurated. Frontliners has hosted hard-right lawmakers, insisted on strict secrecy and proclaimed that the nation’s top enemy is the “radical fascist left,” according to social media posts, court filings and interviews with several people involved in the group.

I can’t wait for 1:00! If you’re watching the hearing, please share your thoughts in the comment thread.


Juneteenth Monday Reads

It’s fitting, then, that Juneteenth is often referred to as Jubilee Day. In January 1863, the Emancipation Proclamation abolished chattel slavery, declaring “all persons held as slaves” to be “forever free.”

Happy Jubilee Day!

Today we recognize our newest national holiday!  I’m still hoping we kick Colombus Day to the curb and replace it with one that celebrates our Indigenous peoples rather than that mass murderer that even his enablers eventually refused to pay for his horrifying time somewhere in the Caribbean.  He was an enslaver and rapist.

But today we celebrate the official end to those practices in the USA.  Today’s first read is from Teen Vogue‘s political writer Braxton Brewington.  It is also the source for the quote at the top.

Dating back millennia, the Jubilee was a momentous celebration, a year when land was to be returned, debts forgiven, and enslaved people were to be set free. Announced by the loud blast of a ram’s horn, biblical scholars note, the Jubilee year was grounded in the idea of freedom, orchestrating an economic, cultural, and moral reordering of society. It’s fitting, then, that Juneteenth is often referred to as Jubilee Day.

In January 1863, the Emancipation Proclamation abolished chattel slavery, declaring “all persons held as slaves” to be “forever free.” But it wasn’t until two years later, on June 19, 1865, that news of liberation finally reached enslaved people in Galveston, Texas. Juneteenth, sometimes called Black Independence Day or Freedom Day, honors this actual ending of slavery.

In a way, the Emancipation Proclamation functioned as Black Americans’ first and only Jubilee — in fact, “Jubilee” is what formerly enslaved people called the phase that followed the Civil War. Abolition put an end to an entire economy of exploited labor that essentially built the modern capitalist world. But the Emancipation Proclamation went further than requiring Confederate states to simply recognize slavery’s abolition — it also instructed the United States government to “maintain” the freedom of formerly enslaved people, and to do “no act or acts to repress such persons” or any “efforts they may make for their actual freedom.” Today, in a stark deviation from President Abraham Lincoln’s instructions, the government is still sanctioning and facilitating the oppression of Black people.

1864 illustration of croowds of people, recently freed from enslavement, carrying the Emancipation Declaration

Juneteenth is a Federal Holiday, but it is still not gaining traction in some states as a day off.  This is from The New York Times. “Juneteenth Is a Federal Holiday, but in Most States It’s Still Not a Day Off.  One year after President Biden made Juneteenth a federal holiday, 26 states have not authorized the funding that would allow for state employees to take the day off.

Last June, President Biden made Juneteenth a federal holiday, proclaiming it as a day for all Americans to commemorate the end of slavery.

One year later, only 24 states and the District of Columbia have passed legislation or issued executive orders that would provide funding to let state employees observe the day as a paid state holiday, according to the Pew Research Center, which describes itself as “a nonpartisan fact tank.”

Opponents of bills that would create funding for the permanent holiday have complained of the costs associated with giving workers another paid day off. Some have said that not enough people know about the holiday to make the effort worthwhile.

For supporters, such arguments are painful to hear, especially as more Americans said they were familiar with Juneteenth. In June 2022, nearly 60 percent of Americans said they knew about the holiday, compared with 37 percent in May 2021according to a Gallup poll.

“This is something that Black folk deserve and it was like we had to almost prove ourselves to get them to agree,” said Anthony Nolan, a state representative in Connecticut, where legislators argued for hours earlier this year before passing legislation to fund the holiday.

Juneteenth commemorates the events of June 19, 1865, when Gordon Granger, a Union general, arrived in Galveston, Texas, to inform enslaved African Americans of their freedom after the Civil War had ended.

The day has been commemorated by Black Americans since the late 1800s. Though all 50 states have recognized Juneteenth by enacting some kind of proclamation celebrating it, its full adoption as an American holiday has yet to take root.

You can read about Republican resistance to the holiday in the rest of the article. It’s disgusting as expected.

 

It would be nice to think the traditional application of American Freedom, Justice, and Liberty for all was at the center of our attention rather than the white nationalist paranoia that is driving what’s left of the Republican Party.

We’re about to see the next set of evidence surrounding Donald Trump and his seditious enterprise. This is from The Guardian and is reported by Ramon Antonio Vargas. “Kinzinger: Trump’s actions surrounding January 6 amount to ‘seditious conspiracy. Republican member of the Capitol attack panel also says Trump’s actions surrounding the deadly riot had ‘criminal involvement’”.

A Republican member of the congressional committee investigating the January 6 attack on the Capitol said on Sunday that he believes Donald Trump’s actions surrounding the deadly riots amount to “seditious conspiracy” and “criminal involvement by a president”.

Illinois congressman Adam Kinzinger’s remarks on ABC’s This Week came after three hearings held by the House January 6 committee presented searing testimony and mounting evidence about Trump’s central role in a complex plot to overturn his defeat at the hands of Joe Biden in the 2020 presidential election.

While he was only one of at least four committee members scheduled to appear on the national news network’s Sunday talkshows, Kinzinger’s comments stood out for their candor and because they came from within the ex-president’s own political party.

“I certainly think the president is guilty of knowing what he did, seditious conspiracy, being involved in … pressuring the [justice department], vice-president [Mike Pence], et cetera,” Kinzinger said. “Obviously, you know, we’re not a criminal charges committee, so I want to be careful in specifically using that language, but I think what we’re presenting before the American people certainly would rise to a level of criminal involvement by a president.”

Kinzinger also said that Trump’s actions, as portrayed by the committee, show he “definitely” failed to maintain his oath to uphold the US constitution.

“The oath has to matter here,” Kinzinger said. “Your personal demand to stand for the constitution has to matter.”

 

What Juneteenth Means to Me: a Photo Essay
The BU community’s reflections on the holiday’s significance: “Juneteenth, for me… is equal parts celebration and remembrance”

It’s still rather amazing to me that we have a slice of our country that deliberately remains ignorant of the facts. Texas was, of course, the last place in the country that held enslaved people after the proclamation. Its existence was basically another example of white men grabbing land from other countries.  This is dangerous and it’s leading to dangerous situations in Republican-held state governments. This is via Reuters. It also demonstrates how clearly they believe their religious views should dictate the lives of others.

Republicans in Texas formally rejected President Joe Biden’s election in 2020 as illegitimate and voted in a state-wide convention that wrapped up this weekend on a party platform that calls homosexuality an “abnormal lifestyle choice.”

The party’s embrace of unfounded electoral fraud allegations in a bedrock Republican state came as a bipartisan congressional committee seeks to definitively and publicly debunk the false idea that Biden did not win the election.

Biden received 7 million more votes than rival Donald Trump. Biden also received 306 votes from the Electoral College, more than the 270 needed to win.

The congressional committee investigating the Jan. 6, 2021 attack on the U.S. Capitol is building a case that Trump’s efforts to overturn his defeat in the 2020 presidential election — including by denying he lost — amounted to conspiracy to illegally hold onto power.

Trump, the 45th U.S. president, has denied any wrongdoing.

“We reject the certified results of the 2020 presidential election, and we hold that acting President Joseph Robinette Biden Jr. was not legitimately elected by the people of the United States,” the Texas party said in a resolution, passed in a voice vote at its convention.

Texas is a major player in U.S. national politics, with 38 electoral votes, the second highest after California. Voters there have backed Republican presidents for the past four decades.

Congressman Kinzinger also had this to say via HuffPo. “Adam Kinzinger Warns Next Presidential Election ‘Is Going To Be A Mess’.   “Wake up, Republicans, because this is not going to be good for you if you think it is,” Kinzinger said.” This is reported by Marita Vlachou.

Rep. Adam Kinzinger (R-Ill.) said Sunday he is “very worried” about the next presidential election, warning that 2024 “is going to be a mess,” citing a recent example of voting conspiracy theories taking hold.

Speaking to ABC’s “This Week,” Kinzinger mentioned New Mexico, where a GOP-led county’s governing commission refused to certify the local election results because of unsubstantiated concerns over voting machines before a judge stepped in.

The case echoes voting conspiracy theories in the 2020 election when right-wing personalities and networks accused voting software companies of using technology to skew the election in favor of Joe Biden.

“This is the untold thing. We focused so much on what goes on in D.C. and Congress and the Senate,” Kinzinger said. “But when you have these election judges that are going to people that don’t believe basically in democracy, authoritarians, 2024 is going to be a mess.”

“And wake up, America. Wake up, Republicans, because this is not going to be good for you if you think it is,” Kinzinger continued.

The House committee investigating the Jan. 6, 2021, insurrection has reportedly argued over whether to refer Trump to the Department of Justice for criminal charges over his efforts in overturning the results of the 2020 election.

The next public hearing will be tomorrow.  It will center on Trump’s interference in state elections including Georgia.

So, I’ll leave you to picnic and celebrate one of our Country’s finest moments, President Lincoln’s signing of the Emancipation Declaration.  Tomorrow we restart our path of dealing with our Country’s worst President and the cult and racists that define one of our Country’s worst moments.

What’s on your reading and blogging list today?