For
64 years, since Brown - or maybe 80 years, since Parrish, progressives
have been on the ascendant. Not without setbacks, but on a steady
course of expanding the rights and freedoms of the Constitution to
everyone - non-white, female, immigrant, poor, gay - left out of the
18th-century document.
And
every one of those victories, those giant steps forward, came through
the Supreme Court. No matter what clusterfucks the repugs and
conservatards created in the states, we progressives could always count
on even the repug-led Courts to rescue us.
So
over-confident were we that we didn't notice until far too late that
the neo-confederates and the conservatives and the repugs were reacting
to always losing at the Supreme Court by building up an electoral
victory machine of unmatched power, even as we let our voters languish
and drift away and give up.
Now
the worm has truly turned, and we're the ones who have to start
building an electoral machine to overcome the literally lethal rulings
the Trump Court is going to issue over the next 50 years.
First, the polite version:
Today’s
High Court decision upholding the President’s anti-Muslim travel ban
should focus us on a key, important fact: the federal judiciary is now
heavily stocked not just with Republican appointees but conservative
ideologues. This isn’t simply a commentary on this decision. It does
include major exceptions – the Court’s jurisprudence on marriage, for
instance. But we simply cannot rely on the Court’s as presently
constituted to make rulings which are in line with the actual
constitution or our national traditions. This is in significant part
because of the corrupt appointment of Justice Gorsuch. But there’s no
undoing that. We are on the cusp of what will likely be an even more
dramatic example of rightwing judicial activism against labor rights. On
issue after issue, change and justice or simple preservation will have
to rely on building robust political movements. This is a point I plan
and hope to see as a guiding premise of our upcoming voting rights and
democracy series.
It’s
not either/or. I spoke to a friend a few days ago who said flatly, the
courts are a lost cause. It’s all about politics and elections. That’s
wrong. It’s not a pure either/or. Courts and litigation remain still
absolutely critical. We’ve seen that even in the last year. Critically important.
But on many issues, in this period of testing, saving the country will
come from robust political movements, ones which will have to succeed in
the face of daunting challenges to the right to vote in order to
eventually redeem those rights.