The Betrayal of Justice
SCOTUS, the Chevron Decision, Immunity, and Democracy at the Crossroads
As I child I had to memorize the “Pledge of Allegiance to the flag of the United States of America, and to the Republic for which it stands…” (talk about indoctrination!)
As I became older (and arguably wiser) my thinking evolved and I rejected the idea of pledging allegiance to a symbol. Instead I directed my allegiance to what should be the underlying concept of America. That is, an America built upon a foundation of justice, equality, and democracy for all. In my journey through life, the more I read and observe, the greater the distance that exists between what America should be, and what it is. The more I understood, the more I wanted to close the gap between reality and America’s potential during my lifetime.
The horrific SCOTUS decisions from this past week were made by a court that is ethically-compromised, accepting luxurious gifts and, betraying their judicial oath, demonstrating extreme ideological bias.
Tragically, America’s potential has been gravely diminished by this Supremely Corrupted Court. SCOTUS overturned the Chevron decision (https://www.nrdc.org/stories/what-happens-if-supreme-court-ends-chevron-deference, https://www.kff.org/private-insurance/issue-brief/supreme-court-decision-limiting-the-authority-of-federal-agencies-could-have-far-reaching-impacts-for-health-policy/).
Furthermore, the SCOTUS declaration of a President’s immunity for “Official Acts” intentionally introduce delay and uncertainty into our ability to hold a criminal President to account crimes. Sentencing for a convicted felon is delayed while the justice system determines if paying a porn star for a sex is an official Presidential act? A determination as to whether inciting violence in an attempt to stop the peaceful transfer of power, is that an official act?
It is especially painful when you consider that our journey through our own all-to-brief lives begin with the gift of potential. For some that potential relates to adding beauty to the world through artistic expression. For others it is the grace and strength of athletics. For yet others it might be an intellectual pursuit like science, law, or philosophy. And still others, it is teaching, inspiring learning, helping others progress toward fulfilling the potential of others. Some are able to rise above horrific circumstances imposed by poverty, violence, and a system presently predisposed to inequality and discrimination.
In processing the SCOTUS decisions I reflect on tragedy, the one that preoccupies my mind is the wasted potential in our all-too-brief journey through life. Which child might have been the next Rosa Parks? Diana Spencer? Jonas Salk? Nelson Mandela? Rachel Carson? John Kenneth Galbraith? Cesar Chavez? Dr. Martin Luther King Jr.? Sojourner Truth? Albert Einstein? Louis Armstrong? John Lennon? If the child had the environment and opportunity to rise?
I see this growing chasm between the potential of America and the reality of America. I see the moral arc of the universe, which is supposed to be bending toward justice, bending the other way.
This is an inflection point for the road ahead. A close friend, we’ll call him, Ralph, once described life as a game of chess. Each move we make determines the choices that remain. As the game progresses, as we move toward winning or losing (or a draw), fewer choices remain. The game of chess better known as “The American Experiment” is nearing the end. As a society, what moves will we make?
Many talk about the hate-fueled dystopian future in which wealth is concentrated and democracy is rapidly fading from the rear-view mirror.
And yet, where is the bold, competing, and pragmatic vision to offset the dystopian nightmare. Campaigning on vote for us because we’re not them is not inspiring. The messaging must be emotionally engaging and help voters understand the impact on their day to day (or paycheck to paycheck) lives.
Each point below could be a 60-90 second short film helping people understand what America could be -with an overarching piece introducing the project and our objective -to bring people together and improve the quality, dignity, and safety of life for all. For all the money and campaign contributions which are still vital in the short term -this could be part of a long-range democracy infrastructure project so we elect candidates (regardless of political party) who fundamentally agree and commit to democracy, justice, and equality -defending our Constitution and improving the quality of life for all. Are you listening Hollywood? Steven? -It would be cheaper to produce than a sequel to Schindler’s List.
I feel as though I've been a lone voice in the wilderness when I talk about a tangible, coherent, and accessible way forward toward fully-realizing our societal potential, and what it might look like. A dear friend, we’ll call him “Allan” often good-naturedly chides me for this focus on “values”.
As a voter, if a Presidential candidate or a Congressional candidate offered the following plan for legislation and policy, would they have your support or would you reject it outright as impossible? Before I begin, there are two fundamental concepts that form the basis for a pragmatic way forward. They are:
Any meaningful form of democracy (such as our Republic, which is intended as a representative form of democracy) requires an educated, informed, and engaged society.
No democracy can co-exist with an extreme concentration of wealth.
Let me also preemptively remark that each and everyone of the imperatives noted below could require books or volumes of books for the appropriate level of coverage. I’m continually reminded to be brief -so consider the below a basic outline. And finally all of this is predicated upon addressing the clear and present danger that is well-evidenced by six members of the current SCOTUS. There is historic precedent in expanding and contracting the court, and at no time has democracy been in such grave danger as now. President Biden must act legally, yet boldly, and immediately.
The way forward is that every candidate for Federal, State, and Local Government should commit to the following. Our own individual and societal responsibility is holding them accountable to implement through authoring, sponsoring, or co-sponsoring legislation around the following societal imperatives:
Climate action, adaptation, and mitigation
As responsible stewards we must prioritize and implement bold policy and action to address catastrophic climate change.
SCOTUS/Chevron (L), Democracy (R) Reproductive Freedom
Government (large or small) has no business to insinuate itself between a woman, her family, and her healthcare provider. Are you against abortion? Then don’t have one.
Love is Love
Similar to the above, government shall not insinuate itself between two or more consenting adults, period.
Labor Rights
While we progress toward greater wealth equality, workers must have an unfettered right to unionize and collectively bargain with organized wealth. This is an important protection of democratic values -as extreme wealth concentration is antithetical to democracy.
Religious Freedom
People can believe what they want to believe, pray where they want to pray, and to whomever they wish (or no one). However there must be a clear firewall between State and religion in order to protect everyone’s freedom.
Elected officials must dedicate themselves and their official actions to the U.S. Constitution, justice, democracy, and equality -not to any religious doctrine. Sorry -back to selling Amway for you both. Public Education
A well-educated society capable of critical thinking and reasoning is not only one of three pillars of a meaningful democracy, it is also an important protection against propaganda, lies, and hate speech. We must prioritize our societal investment into smaller classrooms and better pay for all of our educators. They shape the quality and dignity of future American life. Educational materials must be predicated upon facts, evidence, science, humanities, and the arts. It must no longer be a politicized indoctrination into blind, obedient, hyper-consuming culture. Student loans were a major mistake, and continue to be a mistake. An educated society is a vital element of a democratic society. Loans must be forgiven as soon as the corrupt SCOTUS issue is addressed.
Pre-K -recognizing that many families must generate income outside of the home, and some families are a single parent and a child or children, there must be local opportunities for safe and affordable Pre-K and childcare.
K-12 -Establishes the foundation for a lifetime of learning and the “launch angle” for an individual to reach their potential. Classroom sizes must be smaller and teachers not only providing an education, however acting to strengthen democracy must be compensated well, classroom supplies should be readily available and furnished by the school, and there should be an expanded focus to include civics, conservation and stewardship, critical thinking, research, arts, and the humanities.
Higher Education and Trade Schools -Must be world-class and affordable in order to compete in a complicated, dynamic, and dangerous world.
Taxation Reform
Address wealth inequality and reverse generations of loopholes which have led to extreme wealth concentration.
Income taxes, Capital gains, Corporate taxes, Estate taxation must be adjusted to ensure the wealthiest pay their fair share, and that massively obscene wealth (and power) isn’t simply transferred to the next generation who will direct their influence without ever having an understanding of living paycheck to paycheck or worse.
Accountability to Taxpayers
Government has a responsibility to all taxpayers such that there is accountability and transparency into how our taxpayer revenues are appropriated, and the funds are in alignment with the society we aspire to become. And to address the potential for greed and corruption, there must be a high-priority plan for participatory budgeting.
Universal Basic Income and Living Wages
Over a generation, labor demand has shifted and will continue to decline through automation, robotics, and AI. (This despite notably, the convicted felon Trump continues to create significant demand for lawyers and defense counsel. Especially important as some have been disbarred, sanctioned, or worse).
Alina Habba (L), John Eastman and recently disbarred Rudy Giuliani (C), Sidney Powell (R) Need a bank teller or bank branch? They have been displaced by ATM machines and a central call center. Need a cashier at Home Depot? Use an automated check stand instead. Product assembly? No, the manufacturing line is fully automated now (or the facility was shuttered and the labor demand was shifted to a region or country without Unions, health/safety protections, or basic human rights protection (See Roger & Me). AI will have a profound impact on worker displacement. People still have to pay their mortgage or rent. They must buy groceries. Pay for life sustaining medications. There must be a pragmatic major transformational economic plan for the United States and the post-AI economy of the future. Without such a plan -there will not be anything that can save society from suffering, destruction, and violence. The plan must provide a basic income so an individual or family can still enjoy a decent and safe quality of life while pursing education and new skills or artistic pursuits to support upward mobility and a decent quality of life.
And no, this is not a “let’s give stuff away for free while taxing working families to death.
This is about a realistic plan to shift funds we already raise, and augment them through closing massive tax loopholes for people who are noted in publications like the Paradise Papers and the Panama Papers, and directing corporations to pay a fair share.Healthcare
Over multiple generations, while the costs of health insurance (and healthcare itself) have exploded, employers have shifted the cost burden to employees. There must be a public healthcare option and innovative new ways to deliver healthcare services in order to improve patient outcomes while lowering the cost of delivery. Healthcare must be expanded to include mental well-being, dental, vision, and hearing care. And it is outrageously expensive now because we have a system built around reactive care -when it’s most expensive to treat a patient. And in order to have a high-quality, affordable public option -the entire system -including nutrition and fitness, and high-risk behavior such as smoking and overeating must be addressed.
Affordable Housing
Now that the current Sociopathic Court of the United States has characterized homelessness as a criminal act, society must provide adequate, safe, affordable housing for all. While I’d personally recommend staying at Alito’s house, or simply joining Ginny and Clarence on an all-expenses bribe/luxury vacation, safe, decent affordable housing for all will provide greater consistency.
Luxury ravel with Insurrectionist Ginni and her corrupt husband. Book a long-term stay in Alito's house. Journalism and Public Broadcasting
As previously stated, a vital pillar of democracy is an informed society. The major networks, radio, newspapers, and Joe Rogan have made it clear we need an independent source for investigative reporting to help people understand concepts such as why Reagan/Trump/GOP “Trickle-down” should be classified as criminal fraud and not a real form of economics. In the meantime support The Guardian, ProPublica, or other journalism initiatives working to expose important stories such as the previously discussed Panama and Paradise Papers.
Internet for All
Whether it is turning in a school assignment, sending a resume, or using an IRS-provided free service (Thank you IRS!) to complete your tax filing, as a society we rely upon the internet. Therefore, as a society so we can help every individual reach their potential, and fulfill their responsibility to all of us (by being educated, informed, and engaged in democracy), we have a responsibility to provide fundamental high-speed internet access.
Defense and NATO
We live in an increasingly challenging world. Corrupt, murderous thugs like Putin will continue to rise and attack a secure, collaboratively competitive, and peaceful world (should such a world form anytime soon). We must not abandon our allies, unilaterally discard international agreements, and certainly not extort our allies (with perfect phone calls). We must reform our defense spending, and balance the proprietary and secretive aspects of defense and intelligence with accountability.
Foreign Policy based upon Collaborative Security, Stability, and Peace
Unlike Project 2025 which calls upon our State Department to simply repeatedly shout “America is the best country ever”, while we provoke China to military action (which is effectively called for in multiple sections of the toxic Project 2025 garbage) we can be a strong, reliable, fair, and stable partner with experienced diplomats building trusted relationships through our State Department.
Energy Policy Based upon Safe Renewables
In order to recognize that climate change is not a liberal hoax (and actually made its way into Big Oil consciousness in 1959), we must make a substantial and coherent investment in safe, renewable energy such as solar, wind, wave, hydrogen, and fusion. The policy must prioritize public safety. We do not need a Spencer Abraham
just telling us it’s perfectly safe to transport nuclear waste (from fission reactors) on trains through populated areas to store them in a mountain. While appropriating taxpayer funds for research and the acceleration of new technology, it is also imperative that individuals and industry work toward conservation of existing energy.
Retirement Security
Remove the cap on Social Security Taxes to properly fund future payments. Correlate increases based upon the economic needs of an aging retired population. Social Security must be funded, and there should be zero uncertainty about the guarantee that has existed since the Democratic Party enacted sweeping New Deal legislation, signed into law by Franklin Delano Roosevelt. We must treat our aging population well (and not just because I am among them).
Public Health and Safety
In a large and complex society crime will happen (just look at the White House and Trump Cabinet, 2017 - 2021), and contagious disease will also occur. We need policing mechanisms with local, State, and Federal scope to de-escalate conflict and violence, and protect society (preferably through respect for law, and the knowledge that no person is above the law -after we enact specific changes to address major ethical lapses in the current Supremely Corrupted Court). And law enforcement officers should have mental health training on conflict de-escalation, cultural sensitivity, and not attend secret meetings with white hoods, or train with “Meal Team Six”. Police departments should be demilitarized not defunded and law enforcement officers should be well-compensated.
With regard to Public Health, a better educated and informed society won’t be rejecting wearing masks as a measure to prevent the spread of a deadly disease in a future pandemic
and less susceptible to some guy on the internet, let’s call him "Robert Jr. for example”, streaming something on YouTube and suddenly, that’s public health anti-vax policy for millions of people soon to be learning about ventilators.
Infrastructure (Highways, Rail, Air, Waterways and Bridges)
Most other nations now have invested in and embraced high-speed rail
which, if implemented properly, will offer a safe, comfortable, convenient, and less carbon-producing mechanism to transport people instead of cars, SUV’s, or being stuffed into the overhead compartment in Coach class on a (insert your worst Airline here) flight.
The necessary investment in building and maintaining infrastructure provides greater public safety
and also is a foundation for improved economic competition with other countries who have made the investment or continue to do so.
Scientific Research and Ethics
The pandemic gave rise to a very unhealthy rise in propaganda and places society at risk. Rejecting masks while being told to drink bleach and shove a UV light up your “Trump-hole” by a then President would ordinarily be soundly rejected by an educated and informed society (informed by science, facts, and evidence, not some guy on YouTube called Robert Jr.). We must be able to trust science, there must be clear ethical guidelines, and people must understand the rigor of a peer-reviewed publication. (Peer-reviewed by independent/real scientists, not those on the payroll of Koch Industries, the Heartland Institute, Heritage Foundation, Exxon, Chevron, Big Pharma, or the Tobacco industry). A certain amount of cynicism is healthy and important. So much profit-motive cynicism (coupled with a lack of information and education) so that eating a bleach pod as a cure for anything is a problem that a future America must resolve.
Reparations
Just as cancelling student debt helps to balance prior attacks upon a healthy democracy, other past egregious wrongs must be accounted for and paid for.
Protect Democracy
First we must address what we now recognize as the major flaws in our system that have led us to this precarious point on the cliff. In 2000, $3.08 billion was expended on all U.S.-based political campaigns, Federal, State, and local. The current Supreme Court has demonstrated beyond a reasonable doubt they have been corrupted. The evidence related to ‘Justice’ Thomas, his insurrection supporting/funding wife Ginni, and Alito who has breached his judicial oath should be immediately removed (for starters).
The appointments of Gorsuch, Coney-Barrett, and Kavanaugh should be negated through legislation as “Fruit from the Poisoned Tree” having been nominated by a convicted felon (and in fact all in the judicial branch appointed by a now convicted felon should be, however, not precluded from being nominated by a non-criminal).
This would allow the nation to move forward to enact sweeping reform toward strengthening Voting rights, State-level agreement on the National Popular Vote Compact, End Gerrymandering, Lasting Campaign Finance Reform, investing in Civic Education, investing in Public/Private-funded Journalism, and building pragmatic mechanisms to support Participatory Budgeting at the Federal, State, and Local levels -to effectively get campaign finance and the far more massive appropriations controlled directly by society and not an individual or small group of individuals. And yes, implement Ranked Choice Voting to break the two-party stranglehold on the American system.
Environmental Protection
“We do not inherit the Earth from our ancestors, we borrow it from our children.” We must act as stewards of the great beauty of America. This means protecting our rivers, lakes, and oceans. Defending our mountaintops, our valleys, our forests, and our fields of grain. We must have a pragmatic natural resource plan that provides adequate protection of public land for our children, grandchildren, and generations yet to come. And this should be part of our Nation’s DNA and codified in the U.S. Constitution as an amendment to prevent those wanting to turn an area of profound beauty into a line on their extraction industry balance sheet.
Gun Violence Prevention/Responsible Gun Ownership
For those who believe Amendments to the U.S. Constitution starts and ends at Two, please read the Constitution itself and all of the 26 other Amendments. The rising level of racial hatred, toxic political rhetoric, lies, and propaganda -repeated by Fox ‘News’ and Sinclair Broadcasting about “Wokeness”, immigrants and refugees, Women’s reproductive rights, economic uncertainty, coupled with easy access to an array of assault rifles, bump stocks, and high-capacity magazines -we are lighting a giant societal match next to the fireworks stand -so what DO you think will happen? (I’m writing this on July 4th, so, you know). We need to put mechanisms in place to respect responsible gun ownership, however, not assault rifles, grenades, bazooka’s, missiles, flame throwers, or fighter aircraft. And again, this should be revisited once an ethical Supreme Court is established so it is not overturned by Leonard Leo, Harlan Crow, Barre Seid or the ‘Justices’ they have bought and paid for. And we should really try to keep guns out of the hands of the incompetent, the mentally unstable, and idiots.
While I recognize the above isn’t 900+ pages of toxic garbage (see Project2025.org) funded by people like Charles Koch, Robert Mercer, Miriam Adelson, Elon Musk, Larry Ellison, or Peter Thiel, sections in the above haven’t been authored by people now enjoying prison life like Steve Bannon and Peter Navarro, and groups identified as extremist hate groups.
It is important to provide a pragmatic path to an America on its way to fully realizing its potential on its 248th birthday. It’s a path to a more perfect Union predicated upon equality, justice, and democracy.
Instead of Newt Gingrich’s “Contract on America” (or was it Contract with America?), let’s elect a Government that will implement the above. The plan directs our budget (which is far more reflective of who we are as a nation than who we claim to be) toward the protection and strengthening of democracy, prioritizing education, well-being, and quality of American life. It puts us back on track toward a more perfect Union. People will enjoy greater peace, security, and economic mobility, representative of “The American Dream” instead of the Heritage Foundation/MAGA/Trump dystopian Project 2025 nightmare. It is an America that Norman Rockwell might paint, and an America we could be proud of as stewards for our children, grandchildren, and generations yet to come.
We need a comprehensive, coherent, and pragmatic vision of what we could be, so we can all work together and fully realize the promise of America for all. And while one political party is basking in the glory of the possibility of a lasting anti-democracy christo-fascist authoritarian government promoting wealthy white male supremacy, the other party should be providing a competing and pragmatic vision beyond “vote for us because we are not them.” I believe most sane Americans want similar things and remain artificially divided. Let’s define what we can be, and provide a pragmatic and tangible plan for the journey toward a more perfect Union. That should be the response to Project 2025, and whatever divisive and toxic stupidity that’s produced by Heritage and others that comes next.
Perhaps next July 4th we’ll have something to celebrate together. Happy 248th America. You hardly look a day over 230.
The end (and hopefully not THE END).
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George, just finished reading Joyce Vance's post dated July 4th. Don't know whether you've seen it, but I want to bring it to your attention...it gives me hope. Congressman Jared Huffman (No. CA) has just inaugurated a Project 2025 Task Force in Congress. According to him, he's getting very good response from members. I thought this would never happen, but lo and behold, it has. Let's hope for the best for their efforts.
Happy 4th brother. The country you left no longer exists, regardless of what happens in November. The US no longer believes in the axiom that no one is above the law nor does it honor the principle of 3 equal branches of government. Hard to see a way back from here absent a revolution. I do not expect to see that in my lifetime. Be well in Portugal.