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Year-End SCOTUS Rant

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This past year brought us the full flowering of a central project of the filthy rich white people who fund the insurrection party: the takeover of SCOTUS by a gang of hardline fanatics. Big Wallet Boys don’t care about religion, they worship money. They want SCOTUS to screws up any government regulation that slows down their plundering of the American economya and Planet Earth. But they don’t care what SCOTUS does on culture war issues because they are not affected.

Of course SCOTUS has always been politically conservative and a blight on the promises America made to each of us. The few sprinkles of decency we’ve gotten over the centuries were either a) tiny steps towards enabling all Americans to benefit from Constitutional rights enjoyed by white men, or b) grudging reversals of old precedents inflicting the prejudices and hatreds of dead rich white men on we the living. For a detailed look at the disgusting history of SCOTUS on individual rights, see The Case Against The Supreme Court, by Erwin Chermerinsky

The provocateurs supported by the rich use culture war issues to anger up the rubes and while they’re distracted, SCOTUS can work toward the goal set by the rich: enabling their moneymen to steal the country blind and route us to an unlivable future.

We can identify the goals of the longer serving members. John Roberts is dead set against the Voting Rights Act, and has never missed a chance to use a case with a voting-related issue to subvert it. Clarence Thomas and Sam Alito have been stewing in their own bile so long they are fully rotted; they both live to stick it to the libs.

In 2022, though, we got bitch-slapped by the revanchists, including the three religious zealots appoint by Trump and McConnell. The Holy Six imposed their religious views in a number of cases, ruling that women have no right to control their own bodies, that coaches are free to dragoon their players into worshipping the god of the coach’s choice, and that religious leaders are free to spread a pandemic.

The big casualty is rational jurisprudence. In case after case, SCOTUS has ignored the trial record, made up its own facts, reached out to take cases before a record can be made, ignored precedent, including precedent about rejecting precedent, invented new Constitutional “doctrines”, taking faked-up cases for the sole purpose of striking down actions the Holy Six, the rubes, or rich people don’t like, and delaying justice through the shadow docket.

The result of these deviations from normal practice is the utter lack of stability. On Twitter law profs ask what they should teach about Constitutional law. The Fox News Six make it too easy: the Constitution means only whatever five of them say on any given day. The same question can be asked about Administrative law: is there any? And the power of Congress: does it have any? And the power of the Executive: does a Democratic President have any power? Not if SCOTUS doesn’t like it.

We have historically entrusted courts with the task of determining which rights belong to the people, and the extent to which governments at all levels can exercise their Constitutional powers in controlling people. Courts do this by interpreting and applying terms like liberty and due process found in the Constitution. Courts have always lagged behind the consensus of the American People on issues of rights, but change has come, if at a frustrating pace. For example, at least for now, governments don’t execute very many mentally ill people.

SCOTUS doesn’t care about any of this. Read Bruen, where Spouse of Insurrectionist Clarence Thomas says that the only restrictions on guns that are Constitutional are those in place at the time of the adoption of the Second Amendment, 1792. At that time, there was no concept of domestic violence. So, a Texas law prohibiting people subject to domestic abuse protective orders from owning guns is unconstitutional.

In other words, you don’t have the liberty of not being murdered by an abusive spouse. And you don’t have the liberty of going to a school, a place of worship, a concert, a grocery store, or a parade unless you are willing to take a bullet from a person armed by SCOTUS.

We can’t protect ourselves from corporate depredations either. SCOTUS restricts government regulation for years if not forever. It strikes down every law it doesn’t like, by which I mean any law rich people don’t like. In West Virginia v. EPA, it ignored the long-standing rule that SCOTUS doesn’t issue advisory opinions when it struck down a regulation of air pollution that was withdrawn before it ever took effect. And it invented a brand spanking-new doctrine, the major question doctrine, to arm itself further against Congress trying to regulate anything.

In Shelby County v. Holder, the Court announced that Congress hadn’t done enough investigation to justify the reauthorization of the Voting Rights Act. That act offended the Dignity Of The States, another brand new invention. That same logic can be used with the major questions doctrine to argue that Congress hasn’t done enough to justify authorizing agencies to regulate anything SCOTUS doesn’t like. And of course SCOTUS gets to decide whether a question is a major question.

Congress and executive agencies aren’t allowed to make rules to protect us from deadly pandemics. Only SCOTUS is allowed to do that. They killed mask mandates in the workplace, freed up unscrupulous religious leaders to infect their followers, and just recently interfered with international diplomacy by enjoining the Biden Administration from junking a Trump rule barring entry of asylum seekers because Covid is so terrifying. So much for consistency.

Neither Congress nor the President have resisted the hijacking of their power. They didn’t impose any limits on SCOTUS, by restricting its jurisdiction, cutting its funding, publicly attacking decisions as overtly political or poorly reasoned, holding hearings, or even taking the mild step of imposing ethical requirements. They just sit and watch the Holy Six enjoying their self-declared role of Philosopher Kings, the Platonic Ideal. Democracy? That’s not in the Constitution.

The worst part is that they expect you and me to respect them. We “cross a line”, in Alito’s words, when we say they are illegitimate. They are spitting on us and telling us we are powerless to stop them.

Are we?

Panetta Continues to Ignore Reality, Calls Surge a Success

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Defense Secretary Leon Panetta looks as though he is going to be the last person on the planet to realize what a failure US strategy in Afghanistan has become. Today, while visiting New Zealand, he announced that the final surge troops have left Afghanistan, returning troop levels to 68,000 from a high of 101,000 at the peak of the surge President Obama ordered at the end of his first year in office.

The Washington Post set Panetta’s “success” language apart from other comments:

“There’s no question there will continue to be difficult days ahead in this campaign,” Panetta said at a news conference in Auckland, where he was making a visit, in part, to thank New Zealand for its contribution of about 180 troops to the NATO-led coalition in Afghanistan. “But this is an opportunity to recognize that the surge did accomplish its objectives.”

The New York Times gave a bit more of Panetta’s statement:

“As we reflect on this moment, it is an opportunity to recognize that the surge accomplished its objectives of reversing Taliban momentum on the battlefield, and dramatically increased the size and capability of the Afghan National Security Forces,” Mr. Panetta said.

It’s not until the very end of the article however, where we learn that Panetta’s claims don’t hold up:

However, the level of violence remains higher than it had been before the surge forces came. In the first six months of 2012, for instance, 1,145 civilians were killed, compared with 1,267 in the same period of 2010, when surge forces were only just arriving.

How can it be that the Taliban’s momentum has been reversed if civilian deaths are now higher than before the surge? [Correction: as pointed out by harpie in comment number 1, although the Times says violence levels are higher after the surge, the civilian death rate post-surge is slightly lower rather than slightly higher.]

Besides allowing Panetta to deny the reality of a Taliban that has lost no strength, the Times article article allows an anonymous military spokesman to lie about changes in the size of Afghan security forces during the surge:

“What did the surge give us?” a senior American official reflected on Friday. “We’re going to hit a point where, I won’t say that’s as good as it gets, but now it’s up to them to hold what we gave them. Now really it’s Karzai’s turn.”

The official spoke on condition of anonymity as a matter of military policy.

The surge brought American troops to a high of 101,000, along with as many as another 50,000 coalition troops, mostly from NATO countries. Over the past three years, the increase in American troops helped to enable an accelerated training program, the senior American official said, with the Afghan police and army more than doubling in number by this year, to 300,000.

Two things stand out immediately in the numbers supplied by the anonymous spokesman. First, until this statement, all recent stories have been referring to the size of the ANSF as 350,000. How did the number drop by 50,000? Is this a result of the re-screening that Afghanistan has been carrying out? This chart shows that the Afghan National Army, which accounts for about two thirds of the ANSF, saw a maximum attrition rate of just under 5600 in one month, so attrition alone cannot account for this large drop. [Note: I noticed when I checked the article again after 2 pm that the 300,000 number has been revised to 350,000. There is no indication within the article or at the usual slot at the bottom of the page where corrections are usually noted that this change has taken place. I had already pointed out that the military source was lying whether we used 300,000 or 350,000 as the current ANSF level.]

But the other thing that stands out in this anonymous statement is an outright lie. The official claims that during the surge, the ANSF “more than” doubled to 300,000. This Brookings publication (pdf) documents force size for the ANA and ANP, and it shows that in December 2009, when Obama ordered the surge, the force size was 195,089. If we use the source’s 300,000 figure for the current size, the current force is only 1.54 times the previous size, not more than twice. Even if we use the 350,000 figure that was used in all previous statements, the ratio only improves to 1.79, still well below twice the original size.

The military can lie all it wants, but it still cannot hide its failures in Afghanistan.