The good news of the death of U.S. Supreme Court Justice Antonin
Scalia, a lifelong fanatical enemy of human rights, is tempered by
the spewing of tributes to the deceased reactionary. The flood of
grotesque propaganda hailing this evil creature spoils the pleasure
his victims are entitled to take from his demise. [1]
Scalia's "doctrine," in fact was mere rhetorical assertion. He presented himself as some kind of legal fundamentalist, who "interpreted" the Constitution "literally." In fact, Scalia started from his preferred outcomes, then crafted legerdemain and polemics to claim "originalist" Constitutional justification. Increasingly his "legal decisions" were heavily larded with insults directed at his colleagues on the bench.
Scalia was a fierce enemy of women, racial "minorities," and gay people, dedicating himself to relentless assaults on their attempts to at least be treated equally to relatively privileged white male heterosexuals.
Scalia also was part of the reactionary gang on the high court that greatly increased the political power of billionaire plutocrats by ruling that their wealth was “speech” that Congress had no right to put limits on. (Too bad American dissidents get no protection for their actual speech.) I refer of course to the notorious Citizens United case.
Scalia's “place in history” is assured by his notorious role in the theft of the 2000 presidential election, arguably the most consequential of his “judicial” (political) acts. As part of a cabal of five GOP agents on the high court, he and they illegally stopped the Florida vote recount, handing the election to their party's man, Bush the Younger. (2004 was stolen too, in Ohio.) The result was the destruction of the three buildings in lower Manhattan on September 11, 2001, a plot between the Saudis, Bush, Cheney, and fascist deep state operatives, using al-Qaeda as foils to take the blame for the awesomely photogenic collapsing towers (which al-Qaeda was eager to do, as the plotters correctly calculated). Then the long-planned Iraq invasion, the ramming through of overt police state legislation (“the PATRIOT Act was the law I proposed!” cried Joe Biden in vindication) and the ramping up of a global kidnapping network that was actually initiated by Bill Clinton, followed by the far-flung Houses of Horror of the U.S.' own gulag archipelago.
Oh, how much we owe Scalia. He did his part.
Scalia's carcass was barely cold before Republican Senators were threatening to refuse to allow Obama to appoint a successor, as is the president's right and duty. Instead they want to keep the seat vacant for the next 11 months on hopes of the next president being a member of their party who will appoint another arch-reactionary, instead of a conservative, as Obama will do. (One of the Big Lies of U.S. establishment discourse, which is mindlessly adopted by foreigners and domestic progressives who should know better, is that the Supreme Court is split between "conservatives" and "liberals." This is nonsense. The split is between reactionaries, who want negative change, greater repression, increased power for police and large corporations and impunity for them, and conservatives, who want to preserve the status quo. Reducing discrimination, or allowing someone a right that others already have, like the right to marry, isn't really "liberal." It's recognizing what is already mandated in theory, that everyone supposedly has equal rights. That's another Big Lie, of course.)
As the Gang Of Plunderers (GOP) currently controls the U.S. Senate, which must approve Federal judicial nominations, it would seem that they have the power to keep the Scalia seat vacant until after the November presidential election. That leaves the court with 8 members, divided between four conservatives (called “liberals”) 3 reactionaries (“conservatives” in the grossly misleading parlance) and a “swing vote,” Anthony Kennedy, who is pretty reactionary but just not as consistently as the harder core ones.
Of course Obama should nominate a replacement for Scalia. Presidents have nominated Supreme Court justices 17 times in their last year in office, including in 1988, by Bush the Elder. But starting with Clinton, the GOP (Gang Of Plunderers) has regarded Democratic presidents, and indeed the Democratic Party, as illegitimate. This has intensified with Obama. So they regard any exercise of power by a Democratic president as illegitimate. Thus the attacks on Obama's executive orders, and recess appointments, which have been routine until the GOP cabal on the Supreme Court just ruled Obama isn't allowed to make recess appointments. [3]
Or maybe it goes back to the assassination of JFK. Obviously HE was illegitimate if he needed to be removed by force. (At least in the minds of the fascists at the heart of U.S. power, in this case people like J. Edgar Hoover and Allen Dulles. And their fellow travelers like Nixon and Bush the Elder.)
Looks like if the right of women to
control their own bodies and terminate pregnancies isn't to be
eliminated in most of the U.S., the Democrats will have to win a
third presidential election in a row. And then nominate a justice who
is strong on abortion rights. (Unlike Ruth Bader Ginsburg, Scalia's
“best friend” and fellow opera buff, as the establishment media
never tires of reminding us, who thinks Roe v. Wade was a bad
decision.)
First words out of the mouth of David Greene, one of the hosts of U.S. government radio propaganda network NPR, on the morning “news” show, Morning Edition, starting at 5 A.M. Washington, D.C., time capital of the empire from where it originates:
“A legal titan. Ruth Bader Ginsburg calls him best buddy. Filling the very big shoes of...” blah blah. Actually should be easy to “fill his shoes.” Reactionary ideologues, polemicists, and political hitmen like Scalia are a dime a dozen in the U.S. And if you need one with a law degree, just go to the Federalist Society, a cabal of far right-wing lawyers dedicated to seizing control of the Federal judiciary through gradual infiltration.
By noon, however, NPR was saying “a partisan dispute is intensifying” over who gets to appoint Scalia's successor. (I mean, pick someone to fill those very big shoes.)
Remember, the guy only died two days ago.. That “partisan dispute” sure is intensifying rapidly.
Female hostess on Michael Bloomberg Billionaire's radio station, just before 3 P.M.:
“What do you make of Justice Scalia's legacy. Everyone [sic] says he's larger than life.”
I guess I must be nobody.
But I know one thing: Scalia is smaller than life now. Now he's nothing. Literally. It's called death.
Makes sense for one of Bloomberg's propagandists to gush over Scalia. Given Scalia's ferocious
dedication to increasing the power of billionaires, Bloomberg has reason to be appreciative.
2] The Democratic Party habitually acts as the handmaiden of reaction, by legitimizing it and treating it as respectable. Notice that the reactionaries, including their party, the Republicans, don't return the favor. The Democrats are partners in domestic repression and external imperialism with the Republicans.
3] A recess appointment occurs when the president makes an executive branch appointment that ordinary requires Congressional approval, while Congress isn't in session. The appointments are temporary.
Comedian Andy Borowitz milks the GOP drive to emasculate Obama for a laugh at the New Yorker. “G.O.P. Warns Obama Against Doing Anything for Next Three Hundred and Forty Days,” February 15, 2016. His political humor eases the pain of U.S. politics a bit.
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