Nel's New Day

June 27, 2018

Democracy in the United States – Gone?

With Justice Anthony Kennedy’s resignation from the Supreme Court and the GOP stolen seat for Neil Gorsuch, no one will have to wonder about decisions from the Supreme Court: they will always favor Christian and business conservatism. Gone are any careful deliberations about the constitutionality of the cases. The five conservative justices will legislate from the bench according to their united radically right-wing ideology. An appointment from Dictator Donald Trump (DDT) can ban legalized abortions and contraception, reverse LGBTQ rights, promote discrimination against minorities and women, and increase capital punishment and solitary confinement.

Despite Kennedy’s conservative leanings and his decision to appoint George W. Bush as president in 2000, Kennedy was the swing vote to legalize marriage equality and preserve—to some extent—Roe v. Wade.  On the other hand, he overturned DC’s handgun ban, allowed unlimited finance restrictions, and set in place the destruction of equal voting right. Recently he supported discrimination against Muslims and Christian opposition to abortions and birth control. The week of his resignation after 30 years in the U.S. Supreme Court, Kennedy contributed to the taint of the “Robert Court.”

Despite Republicans ranting against legislating from the bench, the conservative justices made conservative law today in deciding against public-sector unions. The decision of Janus v. American Federation of State, County, and Municipal Employees permits workers to take union protection for free despite the fact that the small fees they paid has no political influence. The takers, including Mark Janus, won. Even conservative Antonin Scalia, who died before he could hear the case, wrote in 1991 that public sector unions could compel agency fees. Forcing unions to help nonmembers who do not pay them, “mandated by government decree,” would be constitutionally problematic. [Left: Janus was the name for a two-faced god of transition.]

For 41 years, public sector unions could levy fair-share fees to pay for workers interests.  The only intention of the five conservative justices is to break the union in their goal to protect large businesses and hurt working people. The loser in this case is the future for women and young people in the nation because union workers have greater wages—up to 20 percent more. The winner is the group of foundations funded by rightwing billionaires such as the Koch Brothers and the DeVos family who want to make money from privatizing the public sector. Their actions cost people more because privatization always costs taxpayers more money. Therefore people have lower wages while paying more money for everything.

The restrictions in Janus follows the courts’ history of blocking worker freedom. Nineteenth-century courts ruled that workers’ collective action infringed on employers’ freedom of commerce guaranteed by antitrust laws. The Supreme Court’s ruling in Lochner v. New York (1905) decided that labor protections such as maximum-hour laws violated workers’ freedom of contract. The Depression of the 1930s encouraged courts to give labor protections, but the GOP soon gained success in destroying these rights, actions that greatly expanded since their success in electing Ronald Reagan.

Although the Janus ruling may feel like doom, Shaun Richman, a veteran union organizer, warned that the ruling might require public employers to allow multiple unions competing for workers instead of negotiating with just one. If unions go to great lengths to show that they are the best worker advocates, the results could be more union militancy and power.

“The American people should have a voice in the selection of their next Supreme Court Justice,”  Senate Majority Leader Mitch McConnell (R-KY) said two years ago when President Obama nominated a Supreme Court justice eleven months before the next president would be inaugurated. His position was that no nominee should be considered in an election year, and he refused a hearing for the nominee. For over a year, the Supreme Court was sometimes tied because of only eight justices voting on rulings. The next Congress is only six months away, but McConnell has abandoned his former belief. “We will vote to confirm Justice Kennedy’s successor this fall,” he said on the Senate floor with no idea of who that nominee will be.

Much has been said about the standard of whether a nominee will overturn Roe v. Wade, but McConnell’s standard is an approval by the NRA. In an interview with Fox, he said that he “can’t imagine that a Republican majority in the United States Senate would want to confirm, in a lame duck session, a nominee opposed by the National Rifle Association [and] the National Federation of Independent Businesses.” McConnell also told a crowd at a campaign rally:

“One of my proudest moments was when I looked at Barack Obama in the eye and I said, ‘Mr. President, you will not fill this Supreme Court vacancy.’”

The United States, which claims to be a democracy, now has a bogus president, a bogus Supreme Court justice, and a senate leader who decides which nominees can be confirmed.

Two days ago, the Supreme Court sent a gerrymandering case from North Carolina back to a trial court for further examination. Emboldened by other recent Supreme Court non-decisions on gerrymandering, North Carolina Republicans are asking SCOTUS to use the 2017 map plan that would inordinately favor the GOP.

DDT is fortunate that the media is not concentrating on some of the worst news for the United States because of DDT’s horrific policy separating children and families, his Russian scandals, and the recent disasters of the Supreme Court. During the time of President Obama, conservatives railed against the growing national debt after the president saved the U.S. economy that tanked from George W. Bush’s decreased taxes, $5 trillion wars, and the corruption of subprime mortgages. The last budget from President Obama, the one for 2017, increased the national debt by only $672 billion, a lot of money but much less than the projected deficit from DDT’s first budget in 2018. DDT’s first deficit is $1.233 trillion—almost twice that from President Obama—and his next year is about the same. DDT blamed President Obama for doubling the national debt after he took over Bush’s excesses, but now DDT is doubling President Obama’s debt.

Continuing deficits from tax cuts for the rich and big companies will come with increased dependence on foreign investors that weakens the world power of the U.S. Usually drastic debt increases result because of war and poor economy; the U.S. has neither at this time. After President Obama made progress in decreasing the deficit, however, Republicans’s huge tax cuts moved the nation to higher debt levels and erased its ability to respond to emergencies. Instead of addressing the problem, the GOP wants to make permanent the temporary taxes for individuals after 2026 to create even greater debt. Also contributing to greater debt and decline in the economy is DDT’s trade war with China, Mexico, Canada and Europe.

The GOP solution for the debt in the coming year will be to shred the safety net and established programs that people have paid into for decades. DDT ran on a campaign of preserving Medicare and Social Security, but the 2019 budget proposed by the GOP House now have drastically cuts many programs, including Medicare and Social Security, in order to pay for its tax cuts. Presenting these priorities that hurt the GOP voting block of older U.S. citizens is a brave move less than five months before Republicans try to keep the House majority in the midterm general elections. Republicans knew that the tax cuts could drive up the deficit, but they are now crying that the biggest domestic problem are debts and deficits. The GOP budget, called “A Brighter American Future,” goes back to House Speaker Paul Ryan’s (R-WI) desire of privatizing Medicare which supposedly reduces Medicare by $537 billion over the next decade. Considering that privatization always costs more than government programs, that’s a big slice out of health care for its recipients.

A new law that permits additional Medicare benefits for people with multiple chronic illnesses is a move toward privatization. These benefits may include home improvements such as wheelchair ramps, transportation to doctor’s offices, home delivery of hot meals, and other social and medical services. The catch is that only people with MedAdvantage programs, contracted with private companies, will have this “advantage.” Those who subscribe to traditional Medicare won’t have them available because Congress waived the requirement that all plans offer the same benefits for those with chronic illnesses.

Ryan is blaming God for taking benefits for people:

“Catholic social teaching … cautions us against allowing the state too great a reach into civil society. This is about saving souls, not dollars.”

Ryan’s college education was provided by his survivor’s benefits from the “state” after his father died. At the same time Ryan began “dreaming” about destroying Medicaid when he was “drinking out of kegs.” He plans to spend his last six months taking more money from people like him and ordered his team to provide reconciliation instructions to fast-track the budget without Democratic votes in the Senate—probably in the lame-duck session after the elections.

This June, the Supreme Court ended with a bang.

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