Tag Archives: Brett Kavanaugh

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’ 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.” Thomas whines about how 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 allows 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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Repugnicans’ war on women is also a war on justice, decency and democracy

ED'S NOTE, GRAPHIC CONTENT-- A powerful political cartoon depicting the assault of Lady Justice has gone viral in the wake of recent allegations against Supreme Court nominee Brett Kavanaugh. The graphic image, seen here, shows her blindfolded and pinned down as her scales lie beside her, one hand covering her mouth -- an explicit reference to how California professor Christine Blasey Ford described an alleged sexual assault by Kavanaugh when they were both in high school in 1982.

So very apt.

I am not a blind feminist — I refused to support Repugnican Lite Billary Clinton for the presidency just because she’s a woman, for instance, and being called a “Bernie bro” by so-called “feminists” did not shame me into giving a penny or my vote to a Repugnican Lite female candidate, and, on that note, I oppose rank misandry posing as “feminism” — but I am a feminist in that I believe in equality for women, who continue to be held down by a patriarchal society.

And, of course, as a gay man I am intimately familiar with how our patriarchal society denigrates and oppresses anything and anyone considered to be feminine, and how it blindly obediently vaunts all things “masculine.”

The fight over the nomination of drunkard and sex criminal Brett Kavanaugh to the U.S. Supreme Court is not just about the allegations of his sex crimes in and of themselves, of course, but is part of the ongoing “culture war” in which the right believes that right-wing, straight, “Christian” white men should continue to subjugate the rest of us with impunity.

So important is it to the right wing that stupid white men continue to rule that even Repugnican women (who universally are afflicted with Stockholm syndrome) are now said to be more fired up to vote in next month’s midterm elections than they were before the Kavanaugh fracas.

This is some sick and twisted shit, of course, but then again the Repugnicans are a fucking sick and twisted lot, a true basket of deplorables (I have to agree with Billary on that, although I find her plenty deplorable her-presidential-nomination-stealing-self).

That said, we must continue to fight against the fascists, which includes voting on November 6. They will vote for evil, as they always do; we must vote for good.

And we can take some solace in the fact that the Repugnicans must cheat in order to “win.”

The Repugnican presidential candidate won the popular vote only once since 1992 (Gee Dubya “won” “re”-election in 2004 by only 50.7 percent of the popular vote; he had lost the popular vote in 2000, and Pussygrabber also lost the popular vote in 2016).

The majority of the American people prefer a Democrat over a Repugnican, which is why the Repugnicans must do everything in their power to subvert democracy and throw elections their way, be it via widespread voter suppression or via such fascist bullshit as Bush v. Gore, in which the Repugnican-appointed “justices” of the Supreme Court, not the American people, picked the U.S. president in 2000.

And look how much the Repugnicans have had to cheat brazenly in order to shove Kavanaugh through. First, they had to pave the way by reducing the confirmation vote for a Supreme Court “justice” in the U.S. Senate from 60 votes to only 51 votes, which they did for Neil Gorsuch — after they had denied President Barack Obama the right to name a replacement for bloated piece of shit Antonin Scalia even though Obama had had almost a full year left of his presidency.

In addition to his white-male privilege, Kavanaugh has benefited not only from the anti-democratic Electoral College that gave us Pussygrabber and from the craven new simple-majority vote requirement for a Supreme Court “justice” in the U.S. Senate, but also from a fucking sham of an FBI “investigation” into his sex crimes, in which the “investigation” was done within only a few days and in which key individuals weren’t interviewed by the FBI at all.

Just as I never will consider George W. Bush nor Pussygrabber to have been legitimate U.S. presidents, I never will consider Gorsuch or Kavanaugh to be legitimate U.S. Supreme Court justices. Never.

How you got there fucking matters.

What we, the people, need to ensure now is that the Repugnican minority no longer can treasonously cheat its way into dominating us, the majority.

The fascist traitors “win” because thus far we have let them. Indeed, they always have counted on us to do so, because while they are shameless, violent and craven, we lean toward conscience, peace and decency.

We already have the majority; the only question is how much we’ll fight for it.

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Best-case scenario: Dems win Senate, decide next high-court justice

APF/Getty Images photo

Two pussy grabbers in a pod: Brett Kavanaugh and “President” Pussygrabber shake hands after the “president” announced Kavanaugh’s nomination to the U.S. Supreme Court in July.

I never would predict that the Democrats will win the U.S. Senate back in November as well as the U.S. House of Representatives. (Fivethirtyeight.com right now, as I type this sentence, gives the Dems an 81.3 percent chance of winning back the House, but only a 32.6 percent chance of winning back the Senate.)

Still, after our ongoing long national nightmare, I can dream.

I believe U.S. Supreme Court “justice” nominee Brett Kavanaugh’s accuser, Christine Blasey Ford, that back in the early 1980s, when he was 17 years old and she was 15 years old, he drunkenly sexually assaulted her (gee, can we add under-aged drinking to the sexual assault?).

We already have one known sex fiend on the nation’s high court; we don’t need another. (Nor, for that matter, do we need yet another right-wing white man; the court has not been representative and reflective of the U.S. population forever.)

Because of the statute of limitations, it’s too late to prosecute Kavanaugh, but in most cases 17 years old is old enough for an act to be indicative of one’s character, I believe, and because I believe Kavanaugh’s accuser, I believe that he is unfit to serve on the U.S. Supreme Court, his radical-right-wing views aside.

Anyone who can’t understand why a victim of sexual assault would remain silent for years (Ford did recount the sexual assault to her therapist in 2012) probably hasn’t been the victim of a sexual assault. Especially if the perpetrator has power and status, of course a victim easily could choose to remain silent, expecting (often if not usually correctly) to be even further victimized if she or he were to report the incident.

The Anita Hill debacle didn’t happen until 1991; she was treated atrociously, including by perennial presidential wannabe Joe Biden (a DINO) and by soulless mercenary David Brock, who went on to work for/with DINO Billary Clinton (because, you know, she’s a feminist).

If it was that bad for Anita Hill in the early 1990s, how much better do you think that it was for Christine Blasey Ford in the early 1980s? Her perpetrator went to prep school and then to Yale. He had a future, you see; hers, on the other hand, was disposable.

So this is what I’m hoping — dreaming — will happen: Brett Kavanaugh will go down in flames, as he deserves. There won’t be enough time before the November mid-term elections for the treasonous Repugnicans to try to ram through the installation of another Nazi on the U.S. Supreme Court with a simple majority Senate vote instead of the historically required 60 votes (as they did with Neil Gorsuch, whose seat on the Supreme Court is stolen property).

Then, the Dems will take back the Senate in November, and one of two things will happen:

(1) They won’t allow “President” Pussygrabber to put another wingnut on the high court — they will stick to the simple-majority Senate vote requirement that the Repugnicans have felt was just fine for Gorsuch and now for Kavanaugh. (Let the Repugnican traitors have a taste of their own bitter medicine; their “nuclear-option” change in the Senate rules should remain in place.)

The best that Pussygrabber would be able to do in this scenario is to put a moderate on the bench, as Obama was willing to do (with the Senate controlled by the opposing political party) with Merrick Garland.

Or (2) if they really find their spines (which is not nearly as likely as is scenario No. 1), the Senate Democrats will simply do what the Repugnicans did during President Obama’s last year in office: simply refuse to put anyone new on the bench until after the next presidential election. (Yertle McConnell proclaimed that democracy demanded that!)

If the Repugnicans did nothing wrong by depriving Obama of the presidential right to name a U.S. Supreme Court justice in the last year of his presidency, then they will have nothing to bitch about.

I tell you what: If the Democrats actually recapture the Senate in November, a feat in and of itself given the electoral map, and then actually refuse to allow Pussygrabber to put another “justice” on the Supreme Court — finally showing that what’s good for the goose is good for the gander — I probably will switch my voter registration back from independent to Democrat.*

The Repugnican traitors shamelessly play hardball while the Democrats cluelessly try to sing “Kumbaya.” Until and unless the Democrats’ spines finally calcify, they don’t deserve our full support.

*I had changed from Green to Democrat to be able to vote for Bernie Sanders in the 2016 presidential primary, but after the anti-Bernie Democratic National Committee e-mails were released in July 2016, I changed to independent (“no party preference” here in California) out of rage and disgust.

The Democratic Party would have to impress the hell out of me for me to ever join it again.

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