US Democracy: Close to Death
But we are f*cked. Yesterday (June 30, 2022), SCOTUS agreed to hear “Moore v. Harper” on its fall 2022 docket. This case deals with the authority of states to run elections (see more detail later on)*. The conservative-majority court will likely rule in favor of Moore, which would let Republican-held state legislatures appoint their own electors in the electoral college, ignoring the popular vote. In essence, Republicans wouldn’t have to repeat Jan. 6 in the future. They could simply use Republican-held statehouses to reject election results they don’t like, ending free and fair elections in the US.
Presently, there are not enough votes for Congress or the President to do anything to stop this. Congress could potentially impeach Justice Thomas for his role in the Jan. 6 insurrection but the Constitution requires a two-thirds majority Senate vote to convict a sitting Supreme Court justice. Sufficient support for this does not exist in the Senate, and is not likely to exist at any time soon.
There is only one real, legal recourse to this threat: obtaining a true Democratic majority in the US Senate, which we do not have. Senators Manchin and Sinema are unreliable at best and potentially plants at worst. They support neither the reform of or conditional exemption to the filibuster, nor “packing the court.” We need two additional Democratic senators to make their spoiler-effect opposition irrelevant. A 52-member Democratic Senate would allow the filibuster to be bypassed and open the way for the Judiciary Act to pass, which would allow President Biden to add four additional Supreme Court justice seats to reign in this current slow-motion right-wing coup. Don’t think abolishing the filibuster is right? See additional text later.**
How do we get two additional Democratic votes in the Senate? There are currently two highly-competitive Senate races for seats held by Republicans in the midterms this November: Pennsylvania (Dr. Oz (R) vs. John Fetterman (D)) and Wisconsin (party nominees undecided, primary scheduled Aug. 9, 2022). The Dems also need to hold onto every seat they currently occupy. This includes other highly-competitive seats in: Arizona, Georgia, and Nevada. I’ve never campaigned for anyone in my life before but today I signed up to volunteer with John Fetterman’s campaign because I feel like this is important.
I can’t tell anybody what to do this information, I can only provide it. But I hope that people who value laws, regulations, and policies that support the social, economic, environmental, and democratic wellbeing of a society can recognize when those things are at stake (and they are). The Republicans and their right-wing evangelical supporters know that the 2022 midterm and 2024 general elections are the last chance they have to impose their religious agenda on the country. They know the majority of Americans do not support an elimination of abortion, the banning of LGBT people from public life, or the continuous denial of the climate crisis. That is why they are using the Supreme Court to take action right before these critical elections. They should not get away with this.
“I’m too anxious or burnt to do anything.” That’s true. It’s been an exhausting past two years. But, for myself, I hate to think of the regret I might have in 2024 when a Republican-held Court, White House, and Congress enact a nationwide federal ban on abortion or LGBT people. Do I want to ask myself at that time, “was there anything else I could have done?” “Electoralism doesn’t work.” I sympathize.*** Often times it feels we elect people who don’t ultimately do anything. But I guarantee that voting will become even more of a token gesture in the future under the likely Moore v. Harper ruling if it’s allowed to proceed unchecked. “The Nation is already f*cked, there’s no point in saving it. We should just let the inevitable balkanization of America happen.” While I think current inflation and supply chains are bad, I can’t imagine how much worse they will be when the nationwide networks of food, medicine, water, household goods, consumer electronics, et al. are subject to tariffs and various petty interregional conflicts that the federal government currently mediates. Yes, the US will cease to exist one day, but let that be a day when we decide that we no longer need the federal government to aid us in living healthful, rich lives, not because of a right-wing coup.
Thank you for your time if you've read this far.
*Moore v. Harper is a Supreme Court writ of certiorari between Thomas Moore, the Republican Speaker of the North Carolina House of Representatives, and Rebecca Harper, a North Carolina citizen who is collectively filing with other North Carolinians against the Speaker. The case has to do with a Feb. 2022 North Carolina Supreme Court decision that threw out the State Legislature’s election map as gerrymandered. The NC Supreme Court ruled that the maps adopted by the NC Legislature violated the NC Constitution. The NC Supreme Court adopted remedial election maps in their place. Speaker Moore, in turn, filed a writ of certiorari with SCOTUS that it accepted June 30. The NC Republicans believe the US Constitution does not allow state supreme courts jurisprudence over elections and that state legislatures should be able to run and organize elections exclusively. SCOTUS has continuously ruled, however, since 1916 (Davis v. Hildebrant) and as recently as 2015 (Arizona State Legislature v. Arizona Independent Redistricting Commission) that the Constitution does not give unilateral election-running authority to a state legislature but rather to the public or a state’s constitution. The likely SCOTUS ruling in the fall on Moore v. Harper would overturn over a century’s worth of precedent and allow sitting state legislatures to blatantly gerrymander election maps and even the ability to ignore the popular vote.
**Don’t think abolishing the filibuster is right? The US Constitution does not support the use of the filibuster and does not require a two-thirds vote for laws. It only specifies that a two-thirds majority be used for: censure, expulsion, conviction, and treaty approval. The Senate has reformed the filibuster throughout US history. Senators used to be able to simply filibuster a motion out of the Senate without any accountability. In 1917, the Senate changed its rules to allow a two-thirds majority vote to end debate, the first such check on the filibuster. In 1975, the Senate changes its rules again and dropped this threshold from 67 to 60 senators. Clearly, the Senate has a history of changing its own rules as allowed by Article I, Section 5 of the US Constitution. It is perfectly reasonable and constitutional to either reform or end the use of the filibuster.
***Yes, electoralism is not the end-be-all of civic engagement. It is the bare minimum. If you want more than casting a vote then (good news): there’s a wealth of civil society and community-based organizations out there waiting for your talent, energy, and expertise. Getting involved can connect you to additional resources. And, yes, support mutual aid requests as you are able but mutual aid is not a replacement for actual, scalable human services, like medicine, professional care, electronic infrastructure and services, formal education, et al. that our federal state provides. This is not an “one or the other” decision. All of the tools are here. Use all of them as you are able. Campaign, vote, organize, donate, spread awareness. All of it. And anybody calling for a violent revolution is clueless. The right-wing white supremacists have been preparing for this moment four four decades, with ready-to-mobilize militias. There are no comparable and scalable left-wing militia organizations to counter this. Sure, join your local Socialist Rifle Association but SRA, as it stands now, is simply not comparable to the organization that right-wing extremists currently have. And once you have outed yourself as an active leftist gun user (in the same way that white militias use theirs), you can forget about your constitutional rights. The longer-term solution is to create locally-based power that can resist overreaches by state and federal governments.
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