12 Comments
Jul 16, 2022Liked by File411

Happy weekend! I am starting with a big hug to help you with your ongoing journey of grief 💜.

The way you begin this reminds of when I get a nasty email from a parent and have to respond. This usually means writing two replies, one no one will see, laden with profanity and commentary on their parenting skills, and the other professional one I send.

It's fascinating, sad, weird that Biden could use the same powers and reasoning trump used for his BS wall in order to protect women's rights. Our system is broken, so expanding the court is one very helpful solution. As we know, the only way to do this is to have a clear majority, now and in 2024. Plus, we really need to vote out every single POS who promoted propaganda about the 9 year-old rape victim. (I have had students who are survivors of sexual assault. It takes a lot of love, support, and therapy for them to recover.)

Have a great weekend! Here, it's the annual Deep River muster, the largest gathering of fife and drum corps in the country. Senator Blumenthal always marches in the parade too. Love him!

Expand full comment
author

I was on a conference call earlier this week with folks in my industry and I can say that the potential solutions presented:

-use the Trump precedence of Wall Funding

-increase the bench

-file a civil rights (potential class action) violation that “forced pregnancies” are considered a crime against humanity

None of those are far fetched solutions. Especially the UN, charterers, treaties and accords. I don’t think I’m getting ahead of my skis Re “crimes against humanity” where the MAGA-Republicans want to force pregnancies on the women of childbearing age. Like I tell my detractors “just wait and see, eventually we will know who’s right and who’s wrong” (snort)

Expand full comment
Jul 16, 2022Liked by File411

They are creating crimes against humanity. New laws need to reflect this.

Thank you for the three-pronged solution. It makes sense unlike so much right now.

Expand full comment

100% sensible and doable!

Expand full comment
Jul 16, 2022Liked by File411

Filey, First a huge thank you for your efforts and energy and continuing public service! I've been an avid reader and follower since the early Sean Spicer days, and your multiple erasures and reincarnations, and I'm delighted that you're still with us... Now, to the matter at hand. I have two concerns with your proposals; the first is that while there may be excellent logistical and judicial reasons for expanding the bench, it will only ever be seen as a political move in the current climate, and while it might fix the former problems it will never fix the root cause of a politicized bench, which is dirt, or more clearly, the Senate. I wrote my own article on that, here https://infinite8horizon.wordpress.com/2022/07/06/dirt-liars-and-roe-v-wade/

The second issue is using precedents set by Trump (and endorsed by the Supremes) to address newer problems. The danger here, I think, is that you can easily become engaged in a race to the bottom. Just because Trump got away with it doesn't mean the Democrats should happily now abuse the same mechanisms for their own ends, because in the end the loser is democracy, not one party or the other... I'll admit that desperate times may call for desperate measures, but the reductio ad absurdum conclusion of that is "the end justifies the means", and then you have lunatics in furs and horns storming the barricades... I'm not suggesting your proposal will inexorably lead to that, but I'd urge caution in using any of Trump's dirty tricks. My $.02 anyway.

Expand full comment
author

That was a very thoughtful and well written article. Thank you for sharing it and thank you for finding me, yet again.

Re Bench Expansion: I completely respect your POV because the concerns you raised are valid. While I largely agree with your points Re bench expansion, one thing I may have not fully articulate was the ongoing discussion to increase to 16, 18, or 24 seats. The foundation of my rationale is at the time (when Congress decreased & then increased the bench) we only had eight USCCOAs “districts” —see SCOTUS chart below:

https://www.supremecourt.gov/about/circuitAssignments.aspx (please note how many circuits roll up to Chief Justice Roberts.

Regarding the precedence set by Trump. I agree with the sentiments of your concern. Conversely when you are given lemons, sometimes it’s okay to make lemonade. As you’ll recall I was a vociferous critic of Trump’s flagrant violations of the APA, Anti-Commandeering Act, NEPA etc but my point I was trying to convey; leveraging an uneven playing field for the betterment of women’s rights —it’s a delicate knife dance. Meaning a win has to be a clean win, not mired down with dirt & breaking of rules.

I think the problem is paralysis between two branches of government and in the end that paralysis has devastating consequences on the American people. I genuinely wish DC would embrace comprehensive compromise(s) and bipartisanship versus the full contact bloody game of politics.

Mainly because the gridlock and lack of common ground coupled with the polarization of both political parties, in the end the average Americans suffers the most. I genuinely think most Americans are “in the middle” meaning the more each party swings to the left and/or right the more destructive we become. I hope that makes sense. Because I wanted to give you a thoughtful response. Again thank you for finding me (yet again)

Expand full comment

Filey, no thanks necessary, it has always been to my benefit! Thanks for the kind words on my article, also...

Yes, I understand the Circuit argument, and if it weren't hopelessly conflated with the polarization it probably wouldn't cause a conflagration. Sadly...

Yes, I agree on the balance, and in fact in the article I agree that some of these things may be necessary on a cost/benefit argument.

At the risk of seeming to ride in on your coat-tails ('cause that isn't my intention), I'd argue that the principle culprits in the polarization are the Right, and that's not because they've moved right, it's because they're not playing the same game any more. They *want* to break the system, because democracy isn't where they want to play. As expounded at far too great a length (but there is a summary up front) here

https://infinite8horizon.wordpress.com/2021/11/08/todays-right-are-lying-cheats/

Again, many thanks for your scrupulous honesty and hard work!

Expand full comment
Jul 16, 2022Liked by File411

They have no bottom, Filey. You can't talk sense to them, so venting AT them is all you can do. All your suggestions are doable, too.

Enjoy the weekend--you deserve every minute!

Expand full comment

I'm not legal-adjacent, but I feel in my bones your argument about civil rights violations of an entire gender. It goes for the threatened ban on travelling for health care as well. It's discriminatory AF 🤬

I hope your grief work is moving forward, for your own comfort and health 💙💙💙💙💙

Expand full comment

Thank you for this. I watched the whole arraignment video. It is so educational to see how the system works—and how much work goes into case, especially a horrendous one like this (for starters having to have a translator). As always, your work and your insight are appreciated—I keep learning. And yes, the lies from Republicans regarding this child rape have been stomach turning. Hope you are having a peaceful weekend, making sure you are taking care of yourself. HUGS.

Expand full comment

Thank you for this! Love you, Girlie! 😘

Expand full comment
Comment deleted
Expand full comment
author

This was one of the main reasons I remained silent on SCOTUS & the post Roe world we are all living in. I wanted to take some time and ponder potential solutions. I could feel the despair & disheartness of some of my readers. I didn’t want to proffer nonviable potential solutions. But after watching what happened this week, I forced myself to accelerate my research and discuss some (potential) solutions. In the end voters have an awesome power and that power is at the ballot box. However this week I did have an opportunity to speak with several members of Congress and their input/discussion helped reset my true north.

Expand full comment