How the minority seized the U.S. Supreme Court (and maybe finally sparked the next U.S. civil war)

Five of the current nine U.S. Supreme Court “justices” were chosen by two “presidents” who had lost the popular vote. If it feels to you like the current Supreme Court doesn’t represent the majority of the American people, that’s because it doesn’t: five of the “justices” were picked by “presidents” whom the American people did not actually elect and who thus were illegitimate “presidents” — and President Barack Obama treasonously and anti-democratically was denied a pick altogether.

How did we get to this point today, the day that the U.S. Supreme Court, now solidly dominated — 6-3 — by right-wing nut jobs (actually, they’re fucking fascists; “nut jobs” sounds too innocuous), ruled (5-4) that each state may decide whether or not a woman may obtain an abortion after it was decided in 1973 by Roe vs. Wade that no state may entirely prohibit abortion?

How did the anti-choice minority view — about two-thirds of all Americans support Roe vs. Wade — prevail in this fight for a woman’s basic right to choose what goes on inside of her own fucking uterus?

Let’s go back to the “election” of George W. Bush as president in 2000.

The official popular vote count for the presidential election of 2000 was 50,456,002 votes for Repugnican Bush and 50,999,897 for Democrat Al Gore.

Gore won the popular vote by 543,895 votes, yet, because of the Electoral Collegeand because of the infamous intervention of the U.S Supreme Court in the determination of a presidential election outcome — Bush, the minority’s chosen candidate, nonetheless became “president.” The pick of the majority of the American voters simply did not matter.

On September 29, 2005, “President” Bush’s first pick to the U.S. Supreme Court, John Roberts, was confirmed by the U.S. Senate.

You might argue that yes, Bush “won” “re”-election in 2004 — the official popular vote count for that presidential election was 62,040,610 to 59,028,444 in Bush’s favor, a difference of 3,012,166 votes this time.

However, I’d argue that obviously had Bush not been installed as president when he’d lost the popular vote of 2000, of course he never could have been “re”-elected in 2004. Because Bush’s first presidential term was illegitimate — because he had lost the popular vote — I never accepted his second term as legitimate either, because his second term depended on the fruit of the poisonous tree from 2000.

Bush went on to get another right-wing U.S. Supreme Court “justice” confirmed — Samuel Alito, who authored today’s official decision to kill Roe vs. Wade — on January 3, 2006.

Fast forward to the next presidential election in which the loser of the popular vote still became “president”: In 2016, the official popular vote count was 65,853,514 for Democrat Billary Clinton to only 62,984,828 for Repugnican Pussygrabber; Pussygrabber lost even more bigly than did George W. Bush in 2000: he lost by 2,868,686 popular votes.

Yet the illegitimate “President” Pussygrabber would go on to nominate three U.S. Supreme Court justices in just his one (and what must be his only) term.

Former President Barack Obama, who won the popular vote in 2008 and in 2012, put only two justices (Sonia Sotomayor and Elena Kagan) on the Supreme Court during his two terms — and infamously and treasonously was denied a third pick to the nation’s highest court when then-Senate Majority Leader Mitch McConnell treasonously and anti-democratically refused to allow the Senate to recognize any nomination to the Supreme Court by Obama in the wake of the overdue death of fascist “Justice” Antonin Scalia on February 13, 2016 — even though Obama had had almost a full year of his presidency left.

So “President” Pussygrabber’s first pick for the U.S. Supreme Court — Neil Gorsuch, who was confirmed on April 7, 2017clearly had been stolen from Obama.

The unelected-by-the-majority-of-the-American-people Pussygrabber would go on to make two more right-wing-nut-job/fascist picks to the U.S. Supreme Court: Brett Kavanaugh, who was confirmed on October 6, 2018, and Amy Coney Barrett, who was confirmed on October 26, 2020, even though the Repugnicans had told us that Obama couldn’t have a nomination to the Supreme Court so “close” to a presidential election (Barrett was confirmed only about a week [eight days] before the 2020 presidential election, while, again, Obama was denied a pick to the court with almost a full year of his second term remaining).

So under the Repugnicans’ own fucking argumentation in regards to the “required” timing for Scalia’s replacement on the court, Amy Coney Barrett clearly is illegitimate, and, of course, before her, Gorsuch illegitimately was put on the nation’s high court, because that pick clearly had belonged to then-President Obama.

But, even all of this aside, if we believe that only the majority of the American voters should pick the U.S. president, who then should be able to make nominations to the U.S. Supreme Court, then George W. Bush’s picks for the Supreme Court — Roberts and Alito — are illegitimate, since Bush never legitimately became president in the first fucking place. And ditto, of course, for the illegitimate Pussygrabber’s picks to the court, Gorsuch, Kavanaugh and Barrett.

That’s five current U.S. Supreme Court “justices” who were nominated by “presidents” who had lost the popular vote. That’s five illegitimate Supreme Court “justices” — four of whom voted to kill Roe vs. Wade.

(Roberts did not vote to kill Roe, but of course Clarence Thomas did, because he is Clarence Thomas, who I always believed committed sexual harassment and thus never belonged on the U.S. Supreme Court in the first fucking place; I always have believed Anita Hill. [And, of course, Thomas’ baby-boomer cow of a wife’s meddling in the 2020 presidential election, which should land her behind bars along with the dozens of other traitors who illegally and treasonously tried to overthrow the 2020 presidential election results, alone makes Thomas an illegitimate Supreme Court “justice” — and a prime candidate for impeachment and removal. Thomas bemoans that the American people don’t trust “our” institutions anymore, but look what the hypocritical piece of dog shit Thomas has done: he probably committed pre-disqualifying sexual harassment, he apparently has allowed his wife to try to change the outcome of a presidential election, and he helped to kill Roe vs. Wade — and now he wants to deprive Americans of even the right to use contraception and to have sex with or marry a member of their same sex, although, of course, he’ll keep the right to have a mixed-race marriage intact, not because it’s the right thing to do, but because, being the typical baby-boomer asshole [redundant] that he is, he wants to retain his own rights while cavalierly destroying others’ rights.])

So that’s how we got to where we are today in the United States of America: the tyranny of the minority over the majority. Even though the clear majority of Americans support Roe vs. Wade, which had been settled law for almost five decades, the minority once again has acted against the majority.

Again, the American people had spoken: In 2000 and in 2016, the majorities of them — of us — voted for the Democratic candidate for president. Instead, because of the anti-democratic, obsolete Electoral College, the minority prevailed, and imposed on the American people were two Repugnican “presidents” for whom the majority of us did not vote, and these two fascist “presidents” put five fascists on the U.S. Supreme Court.

This, along with the blatant, bad-faith theft of President Obama’s third pick to the Supreme Court, is how the minority took over the Supreme Court — by 6-3, no less.

While I’d never rule out violent revolution by the majority against the tyrannical minority — if the minority dares to treasonously and anti-democratically tyrannize the majority, the tyrannical minority deserves whatever the fuck it gets — there are some ways that we, the majority of the American people, can take our nation back from the minority, even within our corrupt system of so-called “democracy,” including:

  • We need to abolish the Electoral College. The popular vote alone should decide who gets to sit in the Oval Office inside of the White House. It’s supposed to be one person, one vote, but the Electoral College gives the minority in the red states significantly more say in the presidency than their actual population does. This blatantly anti-democratic bullshit must stop.
  • We need to get enough U.S. senators to abolish the filibuster so that the U.S. Senate can enlarge — yes, pack, if you will — the U.S. Supreme Court. The number of justices on the Supreme Court is set by the U.S. Congress, not by the U.S. Constitution, so if the Democrats were in control of the U.S. House of Representatives and were in control of the U.S. Senate (and eliminated the filibuster, if necessary, which they could do on a simple majority vote, as the filibuster of course also isn’t in the U.S. Constitution, but is an obsolete, anti-democratic Senate rule, much like the Electoral College is obsolete and anti-democratic), they could add as many Supreme Court seats as they pleased (again, the Constitution fully allows this). After how the Repugnicans brazenly stole seats on the nation’s highest court, what’s good for the goose is good for the gander. A situation in which only one side of the divide plays by any rules or norms at all is not tenable.
  • We need to radically reform the U.S. Senate, and this would be significantly more difficult than abolishing the Electoral College or finally killing the filibuster or expanding/packing the U.S. Supreme Court. The fact that no matter how tiny its population is each state gets two U.S. senators — while no matter how huge its population is, each states gets only two U.S. senators — clearly is anti-democratic. An analysis by Vox’s Ian Millhiser in November 2020 found that in the current 50-50 U.S. Senate, “the Democratic half [represents] 41,549,808 more people than the Republican half.” This anti-democratic situation no longer is tenable, and off of the top of my head, I’d start with this suggestion: Change the U.S. Constitution so that each state does not get two (and only two) U.S. senators, but, instead, each state gets from one to three U.S. senators, based upon its population, much how the number of seats in the U.S. House of Representatives that each state gets is determined by its population. We could keep it at 100 U.S. senators, but reapportion the number of senators based upon the states’ population (again, with one, two or three senators, based on the state’s population).* If it were necessary, I’d be OK with adding seats to the U.S. Senate (100 senators is an arbitrary number), but in any case, each state getting two senators each regardless of its population must end. Of course, the red states wouldn’t vote to change the U.S. Constitution to give them less representation in the U.S. Senate, even if their current level of representation is unfair (and it is blatantly unfair). It might be that only a civil war — a great fucking reset — could reform the U.S. Senate so that the minority doesn’t get to continue to tyrannize the majority in a so-called “democracy.”

Yes, that’s pretty much where I am: I’m OK with a second U.S. civil war at this point. The treasonous right wing has brought it on by insisting on running roughshod over the majority of us Americans who disagree with their politics and their (theo)fascist “vision” for the United States of America. We Americans don’t even get to vote for U.S. president, for fuck’s sake, not when the Electoral College simply hands the presidency to the fucking loser of the popular vote.

Dobbs vs. Jackson Women’s Health Organization — the name of today’s dazzlingly overreaching U.S. Supreme Court decision, in which the minority yet once again has tyrannized the majority — very well might prove to have been the most proximate salvo fired in the Second American Civil War.

P.S. More to the point of the majority-illegitimate U.S. Supreme Court ruling that each state may decide whether or not a woman may control her own uterus, while I’m not a woman and so of course won’t ever need an abortion, and while I live in a state that has codified abortion rights into state law, the rolling back of anyone’s rights — perhaps especially by unelected theocrats wishing to impose their backasswards religious beliefs on the rest of us — is disturbing, and, of course, if it’s open season on others’ rights, your rights might be on the chopping block next. (And, of course, the Dobbs ruling might be just the intended first step in the theofascist-controlled U.S. Supreme Court ruling that no state may allow any abortion at all.)

I’m hoping that Dobbs inspires us, the majority, to finally take our nation back from the tyrannical minority — bloodlessly, if possible, but bloodfully, if necessary.

*Even if my plan to change the system so that each state gets one to three U.S. senators based on its population were enacted, the smallest states still would be overrepresented in the U.S. Senate based on their population, but this still would be a move in the right — that is, the actually democratic — direction.

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