Friday, November 1, 2019

From Roger Fitch and our friends down under at Justinian....

Barr, Barr, black sheep

Impeachment ... Washington's cast of villains ... William Barr joined to Trump at the hip ... The politication of the Department of Justice ... The president's taxes ... His claims of immunity ... The odious consigliere Rudolph Giuliani ... 150 judicial appointments to do Republican Party bidding ... SCOTUS rallies to partisan causes ... Roger Fitch reports from a strife-torn nation 

Appalling lower court judges are settling in, a cohort of 150 judicial appointments that Donald Trump's rubber-stamp senate has imposed on the creaky American republic. Many of them appear to be unabashed agents of Republican party policy; among other things, they are doing irreparable harm through election law subversions that keep their party in power.
The supreme court is now the bigger worry, with its feared support for heretofore unconstitutional manipulations of government and partisan rightwing causes; some even see an existential threat to US democracy. As the court begins to resemble those in Hungary, Poland and Turkey, the question arises whether it needs to be unpacked (more here) by appointing more justices, perhaps many more
In the term that began in October, cruelty is on the docket and civil rights on the chopping block. Five matters are the focus of attention; these and some others could change the course of history, including the final destruction of the Democrats' signature Voting Rights Act 1965, what's left of it. 
Of particular concern are three cases involving employment discrimination related to sexual preference and gender identification in which the Trump administration is defending the employers.
Other cases consider whether, consistent with the US constitution, a state can repeal the insanity defence in a criminal case, or allow non-unanimous juries, while the Espinosa case presents a grave threat to the constitution's first amendment separation of church and state
There will be more to come, perhaps even nullification of climate legislation, as an alarming new study suggests.
Already, the rogue Republican federal judge from Texas, Reed O'Connor, is teeing up a new case, likely to reach the supreme court, that brings together several strands of the Republican culture wars: a ruling that protections for transgender individuals in the ACA (Obamacare) violate "religious freedom".
It was Judge O'Connor who, in an "off-the-wall" decision, declared the ACA, all of it, unconstitutional, and it was also O'Connor who heavily damaged Native American adoptions by striking down the Indian Child Welfare Act.

Read the rest here....