We’re All Dead

I’m going to be writing about this over and over again, so get used to it, but this is merely the first announcement so it will be short:

Justice Anthony Kennedy of the Supreme Court of the United States is retiring. We already have a court dominated by republican picks. As a “centrist” Kennedy is far to the right of where we were until Clarence Thomas replaced Thurgood Marshall. The center of the court has been pushed and pushed, and now after the Senate republicans stole the seat that was Obama’s to nominate and fill, Trump will nominate his second justice.

Abortion will be illegal in a huge number of states within 3 months of the end of the next SCOTUS term. Just fucking watch.

We. Are. All. Dead.

NO KUDOS FOR TRUMP

Every reporter, anchor or commentator who uses any media platform to suggest Trump should be celebrated for signing this executive order promising, “I’m going to cut way back on the torture of children,” must face serious criticism.

You can start with Dana Bash for offering “Kudos to Trump”. Feel free to send reasonably-worded reactions to CNN.

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Just Listen To Wonkette, Will You: “Fuck his fucking executive order”

I (and probably will) write up an analysis of the Flores v Reno consent decree and how Trump has been using it to justify child ICE-olation and how the current executive order conflicts with the requirements of that settlement, but I don’t have the time to do the job I want to do this afternoon. So for now just listen to Wonkette:

So basically, the Trump administration wants to thumb its nose at Flores and indefinitely detain mommies and daddies seeking asylum and babies over a FUCKING MISDEMEANOR. Indeed the order literally instructs the attorney general to beg the courts to say violating Flores is OK and babies can stay in jail with mommy and daddy for A LOT LONGER, because that’s what the Trump administration is stomping its feet and clapping its hands for. Hey, maybe they can live in concentration camps, like one big happy family, at least until Trump can figure out a way to Finally Solve the whole problem!

Josh Marshall from Talking Points Memo and Wonkette agree that litigation is inevitable, and Trump is going to lose at trial on a bunch of key issues. Probably on appeal, too. But for Trump, that’s a feature. His executive order puts the lie to the idea that child ICEolation was mandated by laws passed by Democrats, but if he can lose quickly enough in court, he’ll be able to rapidly pivot to blaming unaccountable, unelected judges.

Nothing says, “I love America” like hating on the US Constitution’s Article I, Article III, Article VI clause 2, and Eighth Amendment.

 

A Minor Major Victory: Trump Steps Back From Child Isolation Policy

Trump is now planning to end child isolation by permitting children to stay in the same prison as their accompanying parent. This is a huge victory for the children affected while still being entirely inadequate.

Now is not the time to back down. Now is the time to press both the administration and congress. Trump should still be impeached, in my view, for various important reasons from his refusal to safeguard US elections to his blatant violations of two vitally important treaties (one on torture, the other on refugees) to his deeply corrupt campaign. He probably won’t be impeached until Mueller releases more info because impeachment is a political exercise and no matter how definitive is the evidence that congress can see, if they can’t yet show it to the public I doubt it will count as “admissible evidence” (metaphorically, if you understand my meaning here) for congress’ impeachment efforts.

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It has happened

I’ve been analyzing and critiquing conceptions of free expression since the 1990s when anti-domestic violence shelters started asking me about how it might be possible to construct policies that support trans* participants in shelter programs without punishing non-trans* participants for the everyday anti-trans hostility that most weren’t equipped to recognize. I’ve done it from multiple perspectives – activist, ethicist, and law student – and from a US focus to a Canadian focus to an international comparative frame. So I’ve seen this one coming for a while now. We’ve been close before, but now we’re there. Not just an enemy of the state, but the biggest, most threatening enemy of the state is freedom of expression, especially expression that is distributed through the power of the press.

Donald John Trump tweeted this this morning:

So funny to watch the Fake News, especially NBC and CNN. They are fighting hard to downplay the deal with North Korea. 500 days ago they would have “begged” for this deal-looked like war would break out. Our Country’s biggest enemy is the Fake News so easily promulgated by fools!

Expect the US based Peterson and Harris fanboys and other general Freeze Peaches to celebrate or ignore this statement. For people that care about our rights and freedoms, however, this is the second worst statement the president could issue. For now, he identifies “our country’s biggest enemy” in the context of a call for mockery. The step from there to identifying “our country’s biggest enemy” in the context of a call for punishment is so dangerously small, I think few will recognize it when it happens.

 

Trump is Killing to Save Morality

You could just go read Wonkette who covers this well, but if you like, you can get a taste here:

Abortion is already illegal in Kenya, but Family Health Options Kenya (FHOK), the organization that had previously been providing low-cost contraception to these women, is supported by the International Planned Parenthood Federation, which has refused to comply with Trump’s demands and stands to lose $100 million in funding as a result. Shockingly, no anti-choice organizations have stepped up to help provide that funding or those services.

Long story short, because these women are now unable to access contraception, they are getting pregnant with babies they cannot afford to have and are turning to illegal and dangerous abortion methods instead.

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Might I Remind You of a Couple Things?

In light of the attacks on Syria, I thought it might be good to remind the community of a couple things.

The first is one you’re less likely to remember, though it is important: Two years ago, during the campaign, Trump was asked by Mika Brzezinski on the MSNBC show Morning Joe about the source of his foreign policy advice, given that there were so many difficult issues active in 2016.

He replied:

I listen to myself and speaking with myself, number one, because I have very good brain and have said a lot of things, so I would listen to myself. … My primary consultant is Myself.”

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The Terrible, Horrible, No-Good, Very Bad Trump

So many of us have said for so long that Trump is authoritarian. Some of us even said Fascist, though that definition is up for debate and if it means anything, shouldn’t be merely a synonym of authoritarian.

Nonetheless, our warnings fell on 62,984,825 deaf ears. It seems that a heck of a lot of people thought that Trump might be hostile to some persons’ rights, but not their own rights.

Frankly it reminds me quite a bit of how in the anti-domestic/sexual violence community we’ve been saying for years that if someone can’t show respect to an intimate partner, that bodes ill for that person’s propensity to violence more generally. Since heterosexual relationships are most common, this has often taken the form of warning that men who abuse women need to be taken more seriously as threats to their communities. In a world where most lawmakers are men, men who didn’t fear they might end up in an abusive relationship with a man, the glowing-scarlet flag of intimate partner violence has been treated as little import. We’ve slowly changed perceptions so that at least the actual violence to the intimate partner is treated, legally, as violence against others might be. In other words, violence against women isn’t treated as a warning sign of future dangerousness to a community, but is more frequently than it once was taken as an actual violation of the laws against assaults and/or batteries.

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