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Open Thread: SCOTUS Decisions, Thursday Edition [UPDATE-1]

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[NB: check the byline, thanks. /~Rayne]

This is the penultimate day of the Supreme Court’s term ending on June 28; a few more decisions today with the remainder tomorrow Friday, the last day of the term.

Decisions released today will follow below. Unfortunately I need to be away from my desk for a while this morning; I may not post the decisions promptly after 10:00 a.m. ET but I will do so as soon as I can get to my desk.

~ ~ ~

Time-killing observations:

SCOTUS taking up gender-affirming care of transgender children:

The court agreed Monday to hear the Biden administration’s challenge to a Tennessee’s ban on gender-affirming medical treatment for minors, an increasingly potent political issue that has divided lower courts and emerged as a leading front in the battle over LGBTQ issues.

This is going to be as messy as other decisions like those about gun and reproductive rights.

This one will likely go 5-4 with conservatives in majority, none of whom will give a shit about the children’s sentiments.

~ ~ ~

UPDATE-1 — 10:40 A.M. — Today’s decisions —

First decision: Ohio v. EPA

Justice Gorsuch wrote the 5-4 decision; Justice Barrett wrote the dissent, siding with the liberals on this case related to the EPA’s “Good Neighbor” rule.

Second decision: Harrington v. Purdue Pharma L.P.

Justice Gorsuch also wrote this 5-4 decision; Justice Kavanaugh wrote the dissent with what seems an odd combination of Kagan, Roberts, and Sotomayor.

This was about the bankrupt maker of prescription pain-killer Oxycontin and the release of claims.

Third decision: Securities and Exchange Commission v. Jarkesy

Chief Justice Roberts wrote the 6-3 decision; Justice Sotomayor wrote the dissent. The case centered on a hedge fund manager’s fraud and their Seventh Amendment right to a trial.

Fourth decision: Moyle v. United States and Idaho v. United States (consolidated)

As expected after yesterday’s accidental leak of the decision, SCOTUS dismissed the emergency abortion case.

~ ~ ~

Updates with news related to the SCOTUS decisions today will appear at the bottom of this post. This is an open thread.

Happy (Forced) Mother’s Day!

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[NB: check the byline, thanks. /~Rayne]

Hope all of the mothers in our community are having a restful Sunday, whether mothers in fact or mothers of invention.

Not wishing a happy day to this senator, however.

Remember this GOP senator’s freakish fundie-speak rebuttal to President Biden’s State of the Union? She’s back with an attempt to move this country ever closer to Gilead of The Handmaid’s Tale.

She and 13 co-sponsors — Sen. Rubio (R-FL), Sen. Cramer (R-ND), Sen. Daines (R-MT), Sen. Grassley (R-IA), Sen. Hyde-Smith (R-MS), Sen. Marshall (R-KS), Sen. Moran (R-KS), Sen. Ricketts (R-NE), Sen. Rounds (R-SD), Sen. Schmitt (R-MO), Sen. Tillis (R-NC), Sen. Wicker (R-MS), and Sen. Lankford (R-OK) — submitted S.4296, the “More Opportunities for Moms to Succeed Act,” a.k.a. the “MOMS Act” this past week.

As Salon and the Guardian reported, the bill creates a database which allows the federal government to track persons who use a government-developed and hosted website, “pregnancy.gov,” while seeking information and resources related to pregnancy.

The bill may initially look innocuous to those who aren’t familiar with how websites work, but one doesn’t have to read very deeply to see this is horrifying:

11 “(a) WEBSITE. — Not later than 1 year after the date
12 of enactment of this section, the Secretary shall publish
13 a public website entitled ‘pregnancy.gov’. The Secretary
14 may not delegate implementation or administration of the
15 website below the level of the Office of the Secretary. The
16 website shall include the following:
17 “(1) A clearinghouse of relevant resources
18 available for pregnant and postpartum women, and
19 women parenting young children.

[page] 3
1 “(2) A series of questions through which a user
2 is able to generate a list of relevant resources of in-
3 terest within the user’s zip code.
4 “(3) A means to direct the user to identify
5 whether to list the relevant resources of interest that
6 are available online or within 1, 5, 10, 50, and 100
7 miles of the user.
8 “(4) A mechanism for users to take an assess-
9 ment through the website and provide consent to use
10 the user’s contact information, which the Secretary
11 may use to conduct outreach via phone or email to
12 follow up with users on additional resources that
13 would be helpful for the users to review.

The server on which the website is hosted would capture the user’s IP address. That’s normal for all web servers. Because we don’t have a national standard curriculum for computers and networks, the average American will not understand they shed this information whenever they visit any website.

If the prospective user then seeks any resource near them, they may not only validate their physical location but pregnancy or postpartum status.

Someone from Health and Human Services could follow up with them — *shudder* — although the bill gives a weak nod to consent.

If they speak other than English — think asylum seekers here — their ethnic/national identity might be deduced by this bit on page 5 of the bill:

3 “(d) SERVICES IN DIFFERENT LANGUAGES.— The
4 Secretary shall ensure that the website provides the widest
5 possible access to services for families who speak lan-
6 guages other than English.

Worse, all this data will be reported to Congress:

7 “(e) REPORTING REQUIREMENTS.—
8 “(1) IN GENERAL.— Not later than 180 days
9 after the date on which the website is established
10 under this section, the Secretary shall submit to
11 Congress a report on—
12 “(A) the traffic of the website;
13 “(B) user feedback on the accessibility and
14 helpfulness of the website in tailoring to the
15 user’s needs;
16 “(C) insights on gaps in relevant resources
17 with respect to services for pregnant and
18 postpartum women, or women parenting young
19 children;
20 “(D) suggestions on how to improve user
21 experience and accessibility based on user feed-
22 back and missing resources that would be help-
23 ful to include in future updates; and

[page] 6
1 “(E) certification that no prohibited enti-
2 ties are listed as a relevant resource or are in
3 receipt of a grant under subsection (b)(3).
4 “(2) CONFIDENTIALITY.— The report under
5 paragraph (1) shall not include any personal identi-
6 fying information regarding individuals who have
7 used the website.

The confidentiality requirement is a fucking joke. Once this data is released to Congress, it’d be far too easy to hunt down the users. It’s yet another opportunity to breach users’ privacy, just like every other website and application for any purpose.

There’s nothing helpful about this at all. It’s a means to allow the federal government directly into women’s uteruses across the country, not exactly small government.

This also blows away the idea of states’ rights when it comes to regulating reproductive rights, though the states are supposed to provide the contact information of approved Gilead resources to be offered through this national website. If states want to offer pregnancy or postpartum resources they can do that through state health departments. They don’t need the feds harvesting this data in a central repository.

The really aggravating part about this bill? The creation of yet more federal and state government bureaucracy intended to get deep into mothers’ and prospective mothers’ crotches, while a non-governmental solution has existed for years with federal support through block grants, eventually suppressed by far-right anti-reproductive rights lawmakers and the orange hellbeast.

Maybe you’ve even heard of it before — it’s a national nonprofit called Planned Parenthood.

~ ~ ~

Comment Operations Note

You may have noticed a change in the comments system this week. After many complaints about comments being unreadable after fourth or fifth reply to a reply to a comment especially on mobile devices, the maximum width of threaded nested comments has been set to four.

In other words, this is what will be permitted as seen on a desktop:

A fifth reply to the fourth comment in this thread will not see a Reply button.

If you wish to leave a reply to that fourth comment, preface the comment with the user’s name and date/time of the comment to which you wish to reply. You can also pick up the link to that comment by right-clicking on the date/time and then pasting into the preface of your reply. Example:

Rayne (edit)

Reply to Legonaut, May 3, 2024 at 6:11 pm

Nice or Noise?

Not an actual reply in that thread, just an example of how to leave a fifth-wide comment and what it will look like.

Will it slow your comments down? Sorry, yes, it may, but if you really feel compelled to share a comment this is a trade-off for readability. What good is your comment if it can’t be read by a substantial portion of the EW community?

I should also add here that wordy comments lacking concision have also helped force this change. You know who you are; think more about your audience here because even at four wide, some comments will still be challenging on mobile devices. Under the previous setting, those overlong comments acted like a Denial of Service to other readers.

There will be more changes to comments in the near future, though a couple tweaks to the righthand sidebar will happen first. Watch for them.

~ ~ ~

Treat this as an open thread.

This Is Why We Vote: Women Are Not Yet Full Citizens

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Someone I’ve looked up to and followed in social media wrote yesterday, “Don’t Vote.”

That earned an immediate muting and unfollowing from me. No fucking way.

I’m not going to identify them. I don’t even care what detailed explanation they offered for their statement.

Do not discourage people from participation in democracy when that democracy is fighting for its life.

More importantly, do not discourage citizens from voting when their own human rights are being trampled on.

Yesterday was particularly egregious for women, and one of the worst days to tell women not to vote.

Get your asses to the polls. Take friends and family with you. Vote like your life depends on it because it fucking well does.

~ ~ ~

You’ve probably seen news stories about Texas resident Kate Cox and her rather desperate effort to obtain an abortion. You’ve probably seen stories leading up to this week about the legal volleys between her and the state of Texas — no she can’t, yes she can, no she can’t — a state which outlawed abortions in nearly all cases.

What you haven’t seen much discussion about is the reason why she’s been seeking an abortion.

The fetus she is carrying has an autosomal chromosomal disorder which is fatal – trisomy 18, otherwise known as Edwards syndrome.

Read about it:

Most Edwards syndrome cases are diagnosed prenatally, based on antenatal screening with maternal age, maternal serum marker, or by ultrasound findings during the second trimester. Antenatally, Edwards syndrome can reveal intrauterine growth restriction, polyhydramnios, agenesis of the corpus callosum, choroid plexus cyst, nuchal thickening, brachycephaly, clenched hands with overriding index fingers, cardiac defects, omphalocele, and single umbilical artery.[8] Edwards syndrome has a high risk of fetal loss and stillbirth.

Postnatally, Edwards syndrome is characterized by a cluster of phenotypes, as summarized below.

1. Neurologic findings

◦ Neonatal hypotonia followed by hypertonia
◦ Apnea
◦ Seizures
◦ Poor sucking
◦ Delayed psychomotor development and mental retardation

2. Craniofacial findings [9]

◦ Skull: Microcephaly, bitemporal narrowing, and prominent occiput.
◦ Face: Triangular and asymmetric face with facial paralysis
◦ Eyes: Microphthalmia, hypertelorism, epicanthus, short palpebral fissures, coloboma of iris, cataract, corneal clouding, hypoplastic supraorbital ridge, upward or downward slanting palpebral fissures, and abnormal retinal pigmentation.
◦ Nose: Prominent nasal bridge with hypoplastic nasal root, upturned nares, and choanal atresia.
◦ Oral cavity: Micro-retrognathia, microstomia, narrow arched palate, cleft lip, and cleft palate.
◦ Ears: Microtia, preauricular appendages, low-set or retroverted ears, and dysplastic ears.

3. Skeletal [10]

◦ Severe growth retardation
◦ Short neck
◦ Short sternum
◦ Broad chest, with or without widely spaced small nipples.
◦ Incomplete ossification of the clavicle
◦ Hemivertebrae or fused vertebrae, scoliosis
◦ Pectus excavatum
◦ Narrow pelvis and limitation of the hip abduction
◦ Hip dislocation
◦ Arthrogryposis,
◦ Clenched hands with overriding fingers, camptodactyly, syndactyly, single palmar crease and clinodactyly of the fifth fingers, radial or thumb hypoplasia, and hypoplastic nails
◦ Rocker-bottom feet with the prominent calcaneus, talipes equinovarus, dorsiflexed great toes

4. Cardiovascular

◦ Cardiac defects are found in 90% of Edwards syndrome patients.
◦ Ventricular or atrial septal defect, Patent ductus arteriosus, tetralogy of Fallot, overriding of the aorta, coarctation of the aorta, and hypoplastic left heart syndrome
◦ Polyvalvular heart disease (involving two or more valves; the most common aortic and pulmonary valve

5. Pulmonary

◦ Pulmonary hypoplasia
◦ Tracheobronchomalacia, laryngomalacia
◦ Obstructive and central apnea
◦ Early-onset pulmonary hypertension

6. Gastrointestinal:

◦ Omphalocele
◦ Esophageal atresia with Tracheoesophageal fistula
◦ Pyloric stenosis
◦ Ileal atresia
◦ Malrotation
◦ Meckel diverticulum
◦ Diastasis recti
◦ Umbilical hernia

7. Genitourinary

◦ Cryptorchidism, Hypospadias, micropenis,
◦ Clitoral hypertrophy, hypoplasia of the labia majora, ovarian dysgenesis, and bifid uterus
◦ Horseshoe kidney, renal agenesis, hydronephrosis

8. Central nervous system malformations (occur in 30% of cases)

◦ Cerebellar hypoplasia,
◦ Meningoencephalocele, anencephaly
◦ Hydrocephalus
◦ Holoprosencephaly
◦ Arnold-Chiari malformation
◦ Hypoplasia of the corpus callosum

source: Edwards Syndrome

Read more elsewhere into this understanding there are people who will try to persuade you that the extremely small percentage of children born with trisomy 18 will live as long as a year is worth gambling with the mother’s life, or that the quality of life for these severely challenged infants is worth all the torture they will receive in their short lives.

Cox has been in the emergency room several times during this pregnancy. She could have any number of problems like high blood pressure or have been experiencing symptoms indicating miscarriage might be imminent. The reasons why aren’t reported in the media; it’s private personal medical data the media can’t obtain without permission from the patient.

But for some reason the state of Texas – let’s be frank, the bloody Texas GOP – thinks that everything about this pregnancy is its business.

To that end they believe it’s their business Cox must be forced to give birth to a child which will likely suffer a miserable death after all manner of medical interventions.

The Texas GOP at multiple levels of the state’s government, from that corrupt scumbucket AG Ken Paxton to members of the state’s supreme court, believe they know best about this pregnancy.

Never mind the mother and her doctors may already know from testing this fetus has gross deficits incompatible with life outside the womb beyond what a blood test may reveal.

Cox’s plight has fallen under intense public scrutiny while law enforcement and the state judiciary have eaten up days, weeks, months debating the fate of this woman and her pregnancy – all adding to her stress, further hurting the fetus she carries.

This is what the GOP is good at: overt cruelty, without any consideration for the persons it is tormenting as it debates what should never be in their purview.

This is the death panel the GOP wanted Americans to be afraid would be implemented with the Affordable Care Act – except it’s not insurers or hospitals or doctors on this panel.

The death panel is majority white Christian Republican men who will never know what it is to face the body horror of carrying a fetus which isn’t viable, or a fetus which wasn’t wanted, or a pregnancy which poses a mortal threat to the mother.

Welcome to Gilead. Enjoy this enactment of The Handmaid’s Tale where we now wait for the mother to be further persecuted because she took control of her life and left Texas to seek care away from the reach of the Texas GOP death panel.

~ ~ ~

Meanwhile, Michigan’s Governor Gretchen Whitmer signed the last bill yesterday which finalized the codification of the state’s Reproductive Health Act. Voters demanded reproductive rights in November 2022 when they passed the Proposal 3 ballot initiative. The proposal’s passage assured reproductive rights became part of the state’s constitution, which in turned required the repeal of a 91-year-old law banning abortion along with other legislation to ensure access to reproductive health care.

Whitmer is a Democrat; the state legislature has been led by Democrats this term.

This was intensely personal for Whitmer, who had pleaded with her fellow state legislators a decade ago not to pass restrictions on health care insurance for reproductive health. She had been raped in college and shared that personal trauma in order to make her point – but to no avail given the MIGOP led the state’s legislature at the time. Whitmer understands all too well what the stakes were and are with regard to reproductive rights.

Had Kate Cox lived in Michigan, she would not have been named publicly, not been in the news, simply have gone about seeking necessary health care so that she could heal and take care of her family.

The same goes for the 10-year-old Ohio girl who was raped and left Ohio to seek an abortion in Indiana. The same for the Indiana doctor who treated her so that she could return to being a little girl again. Both of them would not have been subjected to the cruelty media exposure brings, nor the harassment of mostly white GOP men using them to stump for votes from anti-abortion voters.

No woman or health care provider in the U.S. should live in fear the way they do in Texas, Ohio, Indiana, and other states which have banned abortion and reproductive health care to the point that persons endowed with uteruses and their health care providers are denied their fundamental rights of personal autonomy and privacy.

They are denied the right to be secure in their persons against unreasonable searches and seizures, unlike those who never had a uterus and identify as men.

Women are not permitted their full right of citizenship everywhere in this country.

This is why we fucking vote, every election, every race, up and down the ticket.

~ ~ ~

Am I hot about this? Yes, yes I am. I have an adult daughter of childbearing age and her career is now shaped by where she can safely travel and live. We’ve had to have unreasonable, unfair discussions about what to do if she travels to a state with aggressive anti-abortion laws – how will she obtain help, who will provide it, how will she securely notify her spouse and/or parents where she is and what help she needs, and who is at risk of legal liability if they help her.

I have an adult son who doesn’t face those same challenges, simply because he doesn’t have a uterus.

However once he enters a serious relationship with a woman of childbearing age, he’ll have to consider similar issues: should he accept a job where his girlfriend/wife will be at risk if she becomes pregnant?

These should not be issues workers from their teens to their early fifties have to worry about. They should free to look at jobs anywhere, evaluate the work and employer on their own merits, not have to turn down jobs because they don’t have the same rights across the country.

Banning access to reproductive health care isn’t hurting just persons of childbearing age by denying them personal freedom – it’s hurting all of us because it’s a restriction on commerce. The best people for a job may not be going to Texas because they don’t want to be tortured like Kate Cox has been.

But again, this is why we fucking vote, every election, every race, up and down the ticket.

You may dislike a two-party system. Point taken. But do not tell me the two parties are the same because one of the two parties doesn’t believe women are entitled to the same rights as men.

~ ~ ~

This is an open thread.

Mid-Term Election 2022: August 2 Primary Elections and Ballot Initiatives [UPDATE-3]

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[NB: check the byline, thanks. Updates will appear at the bottom of this post. /~Rayne]

Though we’re deep into the primaries already, tonight’s a pretty big night as the following states all held primary elections today including ballot initiatives:

Arizona — August 2 (head to bmaz’s post for this state’s results)

Kansas — August 2

Michigan — August 2

Missouri — August 2

Ohio — August 2

Washington — August 2

Counting may not be complete for races but there’s already a doozy of a political wind indicator out of red state Kansas. An initiative to amend the state’s constitution was on the ballot and it hasn’t gone the direction anti-abortion activists wanted.

Here’s an explainer from Ballotpedia:

The Kansas No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment is on the ballot in Kansas as a legislatively referred constitutional amendment on August 2, 2022.

A “yes” vote supported amending the Kansas Constitution to:

  • state that nothing in the state constitution creates a right to abortion or requires government funding for abortion and
  • state that the legislature has the authority to pass laws regarding abortion.

A “no” vote opposed amending the Kansas Constitution, thereby maintaining the legal precedent established in Hodes & Nauser v. Schmidt (2019) that the Kansas Bill of Rights provides a right to abortion.

As of 9:16 p.m. ET the results looked like this:


And by 9:26 p.m. ET, Cook Political Report’s Dave Wasserman was calling it for reproductive rights:


There had been an attempt to ratfuck the vote for this initiative:


Voters were sent text messages without attribution providing the wrong instructions about the initiative. It’s not clear whether this violates any federal law but Kansas Governmental Ethics Commission responded to complaints about this ratfucking attempt with a Twitter thread explaining that under Kansas’s current state law attribution for political advertisements wasn’t required for ballot initiatives though it is required for candidates’ campaign ads.

Sounds like this should be on the next ballot.

~ ~ ~

In my home state, things went about as expected:

– Trump’s endorsed candidate, Tudor Dixon, won the MIGOP primary. She’s not as wretched as a couple other MIGOP candidates but she’s still absolutely awful.

How nice of you to want to force your personal choice on all Michiganders, Dixon.

– MAGA candidate Kevin Gibbs had the lead early over Rep. Peter Meijer. The race has tightened substantially and is too narrow to call at this point.


You’ll recall the DCCC through money behind Gibbs so they could run against a Trumpy candidate in a newly configured district. Meijer, who was one of only 10 GOP reps to vote for Trump’s impeachment, currently holds the seat once held by Justin Amash.

~ ~ ~

Trump’s attempt to split the baby by endorsing “Eric” in the Missouri GOP Senate primary race didn’t go to plan, exactly. Eric won, but not Eric Greitens.


Trump will claim victory through Eric Schmitt anyhow, you can be sure. His narcissism wouldn’t have it any other way.

~ ~ ~

What do you see in the other primary races and ballot initiatives tonight? Let us know in comments.

Let’s stay on topic here because there’s plenty of primary election material to discuss without dragging in other topics.

~ ~ ~

UPDATE-1 — 12:35 PM ET — 03-AUG-2022 —

DCCC’S money paid off and defeated incumbent Rep. Peter Meijer:

Grrr…sure hope DCCC pulls out the stops and gets behind Scholten because the western part of this district and the DeVos/Van Andel/Prince crowd may not take this lying down even if a Trumpy MAGAt is the GOP candidate.

I’ve experienced supporting a state legislative candidate who was targeted by DeVos money. It can get fucking ugly.

~ ~ ~

UPDATE-2 — 1:00 AM ET — 03-AUG-2022 —

Can you not do better than this hack, KSGOP? This is the best you’ve got, a lawyer who needed remedial law classes?

Anyhow, here’s Democratic opponent Chris Mann’s campaign website.

~ ~ ~

UPDATE-3 — 9:15 PM ET — 03-AUG-2022 —

Another too-little-discussed bellwether was Missouri’s 1st Congressional District primary race. Incumbent progressive Rep. Cori Bush beat out four other Democrats taking more than 69% of the vote. Her strongest opponent, Steve Roberts, is and remains a Missouri state senator for District 5; he ran to the right of Bush.

The GOP primary in that district was won by Andrew Jones Jr. with 6,927 out of 16,328 total GOP votes. Even Roberts took more votes than the total GOP primary votes.

Clearly MO-01, home to 714,746 citizens, wants a progressive representative.

A Republic, If You Can Keep It

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I’ve thought so often this last two weeks about Frederick Douglass’s 1852 speech, “What to the Slave Is the Fourth of July?”

These two paragraphs in particular, which I’ve shared in a past Fourth of July post, are more gripping than ever:

… What, to the American slave, is your 4th of July? I answer: a day that reveals to him, more than all other days in the year, the gross injustice and cruelty to which he is the constant victim. To him, your celebration is a sham; your boasted liberty, an unholy license; your national greatness, swelling vanity; your sounds of rejoicing are empty and heartless; your denunciations of tyrants, brass fronted impudence; your shouts of liberty and equality, hollow mockery; your prayers and hymns, your sermons and thanksgivings, with all your religious parade, and solemnity, are, to him, mere bombast, fraud, deception, impiety, and hypocrisy — a thin veil to cover up crimes which would disgrace a nation of savages. There is not a nation on the earth guilty of practices, more shocking and bloody, than are the people of these United States, at this very hour.

Go where you may, search where you will, roam through all the monarchies and despotisms of the old world, travel through South America, search out every abuse, and when you have found the last, lay your facts by the side of the everyday practices of this nation, and you will say with me, that, for revolting barbarity and shameless hypocrisy, America reigns without a rival. …

What, to the American woman — especially women of color and impoverished women — is this Fourth of July?

This nation’s gross injustice and cruelty has always been obvious to people of color; the amount and frequency has fluctuated over the nation’s history but it has always been present. That we can name names now like murdered Minnesotan George Floyd has been both a horror and a blessing; the general public can now see what has been less visible. We have been in a position to begin to address it.

But the American public’s attention has been shifted by the COVID pandemic, horribly managed under the Trump administration with the likely intent to hurt BIPOC the most because of their concentration in blue states. The anti-vax and anti-mask propaganda may have hurt majority white communities, too, but their access to health care has been far better than in majority-minority communities, nor has this propaganda’s COVID fallout changed how red states vote.

The American public’s attention has been shifted once again, this time by the Supreme Court’s absurd opinions from states’ ability to regulate guns to recolonization of Native American nation’s lands, to women’s bodily autonomy, to the nation’s ability to regulate CO2 and other emissions.

What is this Fourth of July now that women of childbearing age no longer have the ability to move freely across the U.S. without concern for their personal welfare? They can no longer be assured their health care is private from either the federal or states’ government. They can’t be certain they can seek health care and not be treated with the same level of consideration as their male counterparts since some states may have deputized individuals (including health care workers from doctors to janitors) to report their reproductive health care status.

Women of this same age group can’t be certain they will be saved from death if they have an ectopic pregnancy which bursts — and in the age of COVID, some drugs used to treat the virus may increase the chances of ectopic pregnancy.

This nation’s ongoing gross injustice and cruelty was flagrantly obvious in the case of the 10-year-old rape victim in Ohio, who by virtue of a matter of days could not receive an abortion in her home state and instead had to go to Indiana.

It is beyond cruel and inhumane to place a child at risk of mortality by insisting they carry their rapist’s spawn to term. In this country the risk of maternal mortality approaches one in 3000 pregnancies — it’s like the rapist, SCOTUS’s conservative majority, and Ohio’s GOP-dominated state legislature playing Russian roulette for the duration of every unwanted pregnancy with worse odds for a child forced to carry to term, a form of sustained terror.

Indiana’s state legislature is already debating anti-abortion legislation which would make a flight from Ohio to Indiana for rape and incest victims seeking abortion impossible.

What is this Fourth of July to this victimized child and others like her who will suffer the same and worse injustice thanks to an unelected and irrational SCOTUS’s conservative majority?

~ ~ ~

What are these hollow celebrations to Native Americans whose autonomy has been recognized under federal law and treaties for more than two hundred but has now been violated as their lands were with SCOTUS’s decision in Oklahoma v. Castro-Huerta?

There have been discussions about the availability of reproductive services on Native Americans’ lands after the Dobbs’ decision. But if this same SCOTUS has now penetrated tribal lands to allow states to exercise policing in the name of public safety, are any women white, BIPOC, or Native Americans on their own nations’ land secure in their persons from incursions by states?

~ ~ ~

It will not stop with cruelty and injustice for women of childbearing age. Americans who need birth control are already at risk as well as American couples in same-sex relationships and marriages. We can thank Clarence Thomas for this much: he did spell out the next targets this current SCOTUS will attack now that the unenumerated right to privacy for Americans has been arbitrarily stripped from them.

What is this Fourth of July and the next, to as much as 70 percent of this nation who are women, people in need of birth control, persons who are non-binary in relationships?

~ ~ ~

But again, I think of of Douglass’s speech, made in 1852 before abolition of slavery with the 13th Amendment in 1865.

Though blunt about the young nation’s failings toward Black persons, Douglass used the word ‘hope’ and ‘hopefully’ seven times in his speech.

“…There is hope in the thought, and hope is much needed, under the dark clouds which lower above the horizon.
…

I, therefore, leave off where I began, with hope. …”

Hope is not an easy thing when one is under constant threat of enslavement and death simply because they had the luck to be born with a particular skin color to a particular group of people. Yet Douglass had it, as have the BIPOC people of this nation who have had to resist and persevere through many waves of progress and regression.

Douglass could see a trend which fed his hopes, writing,

…my spirit is also cheered by the obvious tendencies of the age. Nations do not now stand in the same relation to each other that they did ages ago. No nation can now shut itself up from the surrounding world and trot round in the same old path of its fathers without interference. …

This trend remains, obvious in the response of democratic nations toward Russia’s assault on Ukraine intent on overthrowing a sovereign autonomous people. This attack will not succeed; it has already failed in many ways by encouraging more cohesion between other democracies including Finland and Sweden’s intent to join NATO. It has failed by exposing how hollowed out and threadbare Russia has become, eaten away by the kleptocratic forces which emerged after the fall of the Soviet Union.

The increased solidarity of democracies relied on regressive action and thought, stripping away the fuzziness of economics and culture, distilling the choice: violence against a sovereign autonomous democratic nation will not be accepted by other free, autonomous, democratic nations which will unify to support defense against such an illegitimate attack.

What must happen now within our own states is another regression — not that of the current SCOTUS conservatives’ majority’s thinking, but one which should be familiar.

I wrote four years ago during the Trump administration, after posting a copy of the Declaration of Independence:

The signatories to this document knew they also signed their death warrant. They debated this document thoroughly, understanding their lives, fortunes, and possibly the same of friends and family were staked on the success of the undertaking launched by this declaration (“corruption of blood” in family’s case, which so concerned the founders it was cited later in the Constitution’s Article III).

They staked blood and treasure for their thoughts and beliefs that the colonies must be free. The least we can do is remember this bravery and consider our own willingness to fight for this American democracy.

When asked in 1787 at the end of the Constitution Convention what form of government had been created, Ben Franklin answered, “A Republic, if you can keep it.”

What will we do to keep it?

We must regress and think once again upon the intent of the founders if we are to regain our progress. We can’t keep a government whose power is derived from the people and its elected representatives if we do not demand the Republican Form of Government guaranteed to us under Article IV, Section 4 of the Constitution unless we embrace the hope and faith in ourselves as a majority to do so.

It wasn’t fear which drove the founders to write that guarantee, but a sincere belief that a republic could be assured by its own citizens.

It is not a republic when a government erases the rights of its citizens — especially a majority of its citizens which women, BIPOC, LGBTQ+ represent.

It is this failure which must be addressed; organized, focused, collective effort is needed to this end. Fear will only undermine the work to be done. Naysayers and doom-mongers must be ignored, their demoralization pushed aside.

By you he meant we, the people, when Franklin described the new nation’s government.

This remains a Republic, if we together can keep it.

~ ~ ~

Further reading:

The Necessity of Hope
Things are bad. They will get worse. But despair has never been an option.
By Rebecca Traister, The Cut – New York Magazine, June 24, 2022

These cursed United States
‘It’s time to be brave. Fear is not a plan.’
By Jared Holt, Sh!tpost, July 4, 2022

“Chile got out from under an actual dictator using peaceful means. …”
A Twitter thread
By Terry Kanefield, July 3, 2022

Senate Democrats’ Unanimous Fail

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[NB: check the byline, thanks. /~Rayne]

This is fucking maddening.

Not one bloody Democrat voted against this unnecessary crap. Local police could do more to enforce ordinances against noise and the lack of protest permits but you had go on the record supporting this fascist suppression of First Amendment speech instead.

Perhaps these Senate Dems were thinking ahead to the day Ketanji Brown Jackson is sworn in as a justice and needs protection. But without any statement to the Democratic base explaining this, the base can only assume they are protecting from First Amendment-protected protests the fascist wing of the SCOTUS which is intent on destroying women’s rights to autonomy.

While Senate Dems’ unanimously support protecting fascist jurists from their neighbors who aren’t happy with them, or gods forbid, the horrors of chalked messages on sidewalks like those which terrified Sen. Susan Collins…

…this is what’s going on in Realityville, USA.

The patient in this thread would have been dead in states where zero tolerance abortion laws have been or will be passed.

She’d tried to avoid getting pregnant and it still wasn’t enough to stop an ectopic pregnancy which threatened her life.

The patient in this next thread would have been prosecuted.

She didn’t even know she was pregnant, but if there had been any misinterpretation of her symptoms and history she would have been prosecuted for aborting the fetus.

As she notes women have already been prosecuted for miscarriages.

While Senate Democrats unanimously supported protections for SCOTUS against so-scary First Amendment protests, states are moving to eliminate women’s basic human rights — like traveling to another state for health care.

Because treating women’s reproductive organs is health care and Texas can’t have that.

Somewhere soon, within hours or days, women are going to begin to die from these anti-abortion, anti-women laws passed in red states. The first will be women with ectopic pregnancies who will bleed out while hospital employees stand around and tell her they can’t do anything about it though the mortal threat can be treated by aborting the unviable pregnancy.

Partitions between states will appear as new state laws are introduced, creating what are little more than concentration camps for women — yes, concentration camps because Texas women of childbearing age will not be able to leave Texas if there’s any possibility they may be pregnant.

Imagine having to take a pregnancy test before being allowed to cross a state line; it’s not an outside possibility.

These laws within these partitioned states will deny fundamental human rights to a class of citizens.

We’ve seen this before and fought a civil war over it.

But do pat yourselves on the back, Senate Democrats — you’ve ensured the Supreme Court’s fascist faction which leaked the salvo setting off this cryptic civil war is protected from women writing poignant demands on the sidewalk in front of their homes.

Go, you. Especially you, Sen. Chris Coons. How bipartisan of you to work with the concentration camp state’s Sen. John Cornyn. Don’t let the appearance of two white men get in the way of shepherding a bill intended to assure the abolition of rights for more than half the population doesn’t inconvenience the people who will ensure those rights are abolished.

Day Four — The Well-Qualified K. B. J.

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[NB: check the byline, thanks. Update(s) if any will appear at the bottom of this post. /~Rayne]

It’s the fourth and final day of U.S. Senate Judiciary Committee’s confirmation hearings on the nomination of Judge Ketanji Brown Jackson to the Supreme Court. Today’s hearing is in progress.

Today’s hearing consists of three remaining panels (Judge Jackson was Panel I):

Panel II

The Honorable Ann Claire Williams
American Bar Association
Standing Committee on the Federal Judiciary

Ms. D. Jean Veta
American Bar Association
Standing Committee on the Federal Judiciary

Mr. Joseph M. Drayton
American Bar Association
Standing Committee on the Federal Judiciary

Panel III Majority

The Honorable Joyce Beatty
United States House of Representatives
State of Ohio – 3rd District

Ms. Risa Goluboff
Dean, Arnold H. Leon Professor of Law, and Professor of History
University of Virginia

Mr. Wade Henderson
President & CEO
The Leadership Conference on Civil and Human Rights

Mr. Richard B. Rosenthal
Captain Frederick Thomas
National President
National Organization of Black Law Enforcement Executives (NOBLE)

Panel III Minority

The Honorable Steve Marshall
Attorney General
State of Alabama

Ms. Jennifer Mascott
Assistant Professor of Law & Co-Executive Director
The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University

Ms. Eleanor McCullen
Anti-abortion activist

Ms. Keisha Russell
First Liberty

Ms. Alessandra Serano
Operation Underground Railroad

From the looks of the last three panelists, the GOP senators are continuing to play to the base by hammering Judge Jackson on abortion, religious freedom in public schools, and human trafficking. The last will likely fit with the crap Sen. Josh Hawley et al already tattooed about child pornography.

The GOP will want to leave that shitty taste of zealotry and bigotry in the audience’s mouths as the hearings end. In other words, on brand for the GOP.

You can watch live feed at these sites (not the same links as yesterday’s as the previous links may lead to recordings previous days’ hearings):

Senate Judiciary Committee hearing feed

PBS Senate Judiciary Committee hearing feed on YouTube

C-SPAN feed via YouTube

You can also catch the hearings through these live Twitter threads:

Rewire News Group

Chris Geidner at Grid News

If you know of anyone else covering today’s hearing in Twitter, please leave a comment below. Thanks!

~ ~ ~

Apparently these hearings weren’t really to determine a nominee’s qualifications for a lifetime appointment to SCOTUS or to ensure the public was informed. No, apparently the Senate Judiciary Committee hearings have been little more than social media opportunities, which Sen. Ben Sasse (R-NE) called out.


Sasse also expressed his concern about cameras in the court room, that “cameras change human behavior,” and yet the difference between the video above by C-SPAN versus this by CBS News below tells us cameras tell us things audio and written reporting don’t offer.


Or this photo by Los Angeles Times’ Kent Nishimura:

If you have a Twitter account, every once in a while for grins and giggles you should drop Sen. Ted Cruz (Senate account: @sentedcruz, personal account: @tedcruz) a tweet and let him know what you thought of his performance as a member of the Senate Judiciary Committee, wholly visible on all sorts of cameras.

~ ~ ~

There may be more to come, watch this space for updates.

Friday: Sinnerman

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In this roundup: A look outside the U.S.’ borders — TTIP’s end, Turkey at risk, Chile and women’s reproductive rights, more.

Featured jazz artist today is Eunice Waymon, known best by her stage name Nina Simone. Recognized for her powerful political work, Mississippi Goddamn, Simone was an incredibly gifted pianist trained at Juilliard with a predilection for the works and method of Johann Sebastian Bach. She became a singer only after nightclubs for which she performed insisted she must sing and play piano together.

Two of my favorites apart from Sinnerman shared here are Feeling Good and I Put a Spell on You. I’ll always have a warm, fuzzy place for Ain’t Got No/I Got Life medley, a variation of the song from the 1960s Broadway musical Hair. I can remember singing along to this recording during long road trips.

Why Nina Simone today? Because of Sinnerman, which seems particularly appropriate during this election season.

Looking away from our nation’s navel

  • Op-ed: Is Turkey nearing civil war? (Süddeutsche Zeitung) — Guest contributor Yavuz Baydar reviews developments in Turkey after the so-called coup attempt, including calls to arm citizens, reestablish an Ottoman caliphate, and create militarized youth groups attached to mosques. Turkish media, operating with the blessing of President Tayyip Erdoğan, has shown maps featuring Mosul and parts of northern Greece as part of a Turkish empire.
  • TTIP may be in death throes, but resuscitation attempted (euronews) — This article quotes a Spanish automotive partmaker who complains the need to inspect parts both on export and import is expensive, and the Transatlantic Trade and Investment Partnership (TTIP) agreement would eliminate the costly redundancy. Except the existing duplicative inspections didn’t prevent Volkswagen Group and its vendor Bosch from shipping fraudulent vehicles and parts, did it? Yeah. Not so much…in spite of TTIP’s near-death, the US and EU met earlier this month to regroup and try to force TTIP through before the end of President Obama’s term.
  • Chile’s president aims to change restrictive anti-abortion laws (NPR) — Chile is among the five most restrictive countries in the world, outlawing abortion even to save the life of the mother. President Michelle Bachelet made it her goal to change the laws; the country’s lower house has already approved legislation to allow abortion in case of rape, to save the mother, or in case of mortal fetal defect. Chile’s senate must yet vote to approve this legislation before it becomes law. In the mean time, women must travel abroad to obtain abortions or risk jail if they attempt it in Chile on their own.
  • Radical Ukrainian nationalists rising (euronews) — Members of far-right groups Azo regiment and the Right Sector recently marched through Kyiv to celebrate Ukrainian patriotism while protesting pro-Russian separatists.

Tech Debris
Here’s a collection of odd technology bits I’ve run across recently worth a read:

  • Dutch researchers working on anti-hacking technology (euronews) — They’re working on unique identifiers for devices attached to the internet, like the myriad Internet of Things (webcams, baby monitors, so on). This seems like a waste of time given every device should already have an ID assigned by a network. Keep an eye on this; it’d certainly make surveillance easier. Ahem.
  • Troubling case of Facebook v. Vachani (NPR) — Fluffy overview of the suit filed against Steven Vachani whose portal site product pissed off Facebook greatly. But you should read the op-ed from July by Orin Kerr about this case — brace yourself for your freak out.
  • From the archives: Interview with John Arquilla on cyberwarfare (FRONTLINE) — Perspective on the origins of current cyberwarfare policies arising from Bush administration post-9/11. As you read this, keep in mind Arquilla is a proponent of preemptive warfare and the use of cyberwarfare against terrorism.
  • Twitter as a government tool against the people (Bloomberg) — We take for granted we can type anything we want in social media. Not so in much of the rest of the world, and Twitter is an example of social media with both great potential to inform while putting users at risk where speech is not free. Although after the recent revelations Twitter sold data to a U.S. intelligence front, speech isn’t exactly free on Twitter for U.S. citizens, either.

Longread: Did newspapers screw up?
We’ve watched the decline of newspapers for over a decade as its analog business model met the reality of a digital age. Jack Shafer wrote about the possibility newspapers may have made a critical error during the generational shift to online media — perhaps the seasoned existing outlets should have remained firmly committed to print. Two key problems with this analysis: 1) printing and distribution remains as expensive as all other factors in producing a newspaper, and 2) the population consuming newspaper content is changing, from a print-only to digital-only audience. This must be acknowledged or newspapers will continue to struggle, and large papers will continue to pursue consolidation in order to reduce costs to operate.

With that in mind, I still don’t understand why The Washington Post, owned by Jeff Bezos, hasn’t opted to offer a Kindle to subscribers willing to pay for a full print subscription a year in advance. A low-level Kindle is cheaper than the cost to print. Ditto to The New York Times; why hasn’t it considered a tie up with Kobo or another e-reader manufacturer?

That’s it for this week; have a good weekend!

Wednesday: This One Day

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In this roundup: British fascists rise, smart fridge serves porn, and a Zika overview.

Today’s featured short film by Crystal Moselle is about finding one’s tribe, finding one’s place, crossing the threshold to adulthood in the safety of community. Men may not feel this one as keenly as women will. Many of us are skating alone, running into obstacles set before us simply because we are. With a little support we could skate the world.

Love how Bikini Kill’s Rebel Girl plays us out at the end. That.

Brexit and broken

  • Ian Dunt: Tories have become Ukip (Politics.co.uk) — Op-ed looks at UK’s Conservative Party and its aggressive shift toward white nationalism.
  • No joke: UK’s Home Secretary sounds like a Nazi (LBC) — Seriously, read the link. Can’t tell Amber Rudd’s speech from Hitler’s Mein Kampf.
  • The Daily Mail as Tories’ key influencer (OpenDemocracy) — Anthony Barnett looks at the Mail’s succession to Murdoch’s right-wing propaganda mill. The Mail was one of the two largest traditional media influences on right-wing politicians and Brexit voters (the other being NewsCorp’s The Sun); an American parallel would be the shift in media influence on public opinion as Fox News gave way to a more rightest, Trump-friendly CNN. We don’t trust CNN any more than we do Fox, and the UK shouldn’t trust the Mail any more than it should trust The Sun.
  • Theresa May’s Tory Conference speech: fascism wearing a progressive mask (VICE) — May isn’t well known by either UK or US public; her speech this week to her own party gave us a better look at the politician, and she’s not at all pretty. May uses progressive language to make her case, but what she’s really pushing is outright fascism.
  • Unwinding a country rich in diversity (OpenDemocracy) — University of Birmingham lecturer and Oxford University research associate Nando Sigona looks at the United Kingdom as an EU citizen. How does a small but densely populated country — land mass the size of Michigan with a population equal to California and Texas combined — move away from the diversity which has made it rich for millennia? Imagine one of those U.S. states (MI/CA/TX) suddenly telling anyone not ‘native’ to that state to leave; what would it do to that state, let alone the people who must leave? It’s not tenable.
  • 80th anniversary of East London’s Battle of Cable Street (Guardian) — The British have apparently forgotten their history and are now condemned to repeat it. Who is this generation’s Oswald Mosely: Boris Johnson, Nigel Farage, Michael Gove, Theresa May? With attacks on immigrants increasing, the new blackshirts already make their presence known; they only lack a Mosely.

Still skeptical about Tories’ aggression? Just look at this tweet from Tim Colburne, former deputy chief of staff for LibDem Party’s Nick Clegg. This is not the work of a party working for business interests. We are watching a new Nazism rapidly engulfing the United Kingdom. I doubt it will remain united much longer at this pace.

Keep in mind some of the foreign workers and children the Tories (and Ukip) want identified are U.S. citizens.

Elsewhat, elsewhere

Cybernia, ho!

  • Ireland not happy about the Yahoo email scandal (ITNews-AU) — Ireland wants to know if Yahoo’s scanning emails on behalf of U.S. government compromises Irish citizens’ privacy. Germany’s Fabio de Masi, a member of the European Parliament, has also asked for more details. Yahoo’s scanning could put the brakes on a US-EU data sharing agreement.
  • Alleged terror plotter charged, had operating system in cufflink (Guardian) — Located in Cardiff, Wales, the accused also possessed a book on missile guidance and control; he was responsible for a blog with information about Isis and cyber-security guidance.
  • Smart refrigerator – now with Pornhub (The Register) — Didn’t manufacturers clue in about so-called smart refrigerators a couple years ago after they were hacked? Clearly not if it’s still possible to hijack displays on Internet of Things devices for porn.

Longread: Overview on Zika
This is a decent meta piece in Omni magazine. Article also points out simple preventive interventions to reduce Zika infections: air conditioning and window screens. Also suggests implementing these in Africa where other arbovirus diseases are endemic, like yellow fever, dengue, chikunguya as well as Zika — except AC will create a greater demand for electricity as well as manufacturing pressure for screens. Also doesn’t really deal with the fact more people are outside during daylight hours in warmer climates, and those who work outdoors (like farmers) have no choice. More comprehensive research on arboviruses is needed and work toward vaccines is probably cheaper, faster, and less taxing to the environment than scaling up electricity and manufacturing. Worth a read if flawed.

Phew. That’s enough for today. Thankfully it’s downhill from here. Catch you later!