The Tweet I highlighted earlier has this context behind it:
Justice Ketanji Brown Jackson turned the favored tactic of her right-wing peers on its head Tuesday, advancing an originalist argument to support protections for racial minorities.
She made the comments during oral arguments in Merrill v. Milligan, a case that gives the conservative majority the opportunity to gut the Voting Rights Act even further.
She read out a quote from the legislator who introduced the [14th] amendment, and went on to explain that the 14th Amendment was enacted to give a constitutional foundation to the Civil Rights Act of 1866 that was “designed to make people who had less opportunity and less rights equal to white citizens.”
Josh Marshall loves it:
It is such a breath of fresh air, seeing Justice Ketanji Brown Jackson say from the bench what the 14th Amendment actually says. “It’s not a race-blind remedy,” she says, in something of an understatement. But we can actually go well beyond this since so much of modern jurisprudence, mostly but not only from the right, is based not only on ignoring the context and plain text of the 14th Amendment but pretending that the real Constitution — albeit with some additions and fresh paint jobs — is the one finalized in the first Congress as the first ten amendments. The Civil War amendments are not only not race-blind. They reflect a larger realization and aim: that the whole state thing just hadn’t worked out.
It would be possible to argue that 150+ years since the passage of the Civil War amendments represents a cooling of the ambitions of the statecraft of the 14th Amendment and an effort to work out some equitable balance between localism and national power. There’s some truth to that. But that’s not an argument available to anyone who argues for originalism. With that you have to go back to what the Reconstruction Congress thought they were doing. And what they were trying to do was quite radical in the context of the 80 preceding years of American national history — indeed, quite radical in some ways in relation to today.
Will this cause the "originalists" on the Court any hesitation before finding against Black voters through tortured, motivated, ahistorical reasoning? Of course not. But the more the centrist Justices call out the three Trump appointees and Thomas for their partisan hackery, the more likely we will see some real court reform.
Just a few before I take a brick to my laptop for taking a damned half-hour to reformat a JSON file:
Oh, good. My laptop has finished parsing the file. (In fairness it's 400,000 lines of JSON, but still, that's only 22 megabytes uncompressed.) I will now continue with my coding.
Today I learned about the Zoot Suit Riots that began 79 years ago today in Los Angeles. Wow, humans suck.
In other revelations:
Finally, it's 22°C and sunny outside, which mitigates against me staying in my office much longer...
It's mid-July today, at least until around 8pm, when late April should return. The Tribune reported this morning that our spring has had nearly three times the rain as last spring, but actually hasn't gotten much wetter than normal.
Finally, via The Onion, Google Maps now shows you shortcuts through people's houses when they're not home.
The US Senate did something pretty cool yesterday:
The Senate on Thursday confirmed Judge Ketanji Brown Jackson to the Supreme Court, making her the first Black woman to be elevated to the pinnacle of the judicial branch in what her supporters hailed as a needed step toward bringing new diversity and life experience to the court.
Overcoming a concerted effort by Republicans to sully her record and derail her nomination, Judge Jackson was confirmed on a 53-to-47 vote, with three Republicans joining all 50 members of the Democratic caucus in backing her.
Not everyone shared in the joy of the day. As applause echoed from the marbled walls, Senator Mitch McConnell, Republican of Kentucky and the minority leader, turned his back and slowly walked out, as did most of the few Republicans remaining on the floor, leaving half of the chamber empty as the other half celebrated in a stark reflection of the partisan divide.
“When it came to one of the most consequential decisions a president can make, a lifetime appointment to our highest court, the Biden administration let the radicals run the show,” Mr. McConnell had said earlier, making one last argument against Judge Jackson, whose nomination he framed as an example of extremists taking control of the Democratic Party. “The far left got the reckless inflationary spending they wanted. The far left has gotten the insecure border they wanted. And today, the far left will get the Supreme Court justice they wanted.”
Senator McConnell is full of shit, of course, and he knows it. Jackson would have made any Republican Senator's heart sing only five years ago. But, hey, thanks to Senators Susan Collins (R-ME), Lisa Murkowski (R-AK), and Mitt Romney (R-UT), we may have gotten the last bipartisan confirmation in our lifetimes.
On July 1st, Justice Jackson will become only the 7th person to sit on the Court who wasn't a white guy.
Just a few:
And finally, atheist sci-fi author John Scalzi...bought a church?
A nearly-all-white Kenosha, Wis., jury acquitted Killer Smurf Kyle Rittenhouse of all charges today, which will have the immediate effect of turning Kenosha into a war zone, and the long-term effect of escalating violence at what would otherwise be peaceful protests nationwide. I haven't followed the case closely, though I do trust the sources I've read who say an acquittal would make sense under Wisconsin law. But I doubt that most people who haven't gone to law school will see it that way, or even care.
Also this morning, in a more positive vein: President Biden availed himself of the 25th Amendment while undergoing a routine colonoscopy, temporarily making Kamala Harris the first woman ever to hold the power of the presidency in this country. I don't know of another member or former member of the British Commonwealth that hasn't yet done this, and in all of those other countries, the women in question held permanent authority, not just power for an hour or two. In fact, the first one held absolute power from 1558 to 1603, without missing a beat. Still, it's a milestone.
In June 1943, a group of white American MPs attacked a company of Black American soldiers in the town of Bamber Bridge, England (near Blackpool). The English took the side of the Black soldiers:
During the war, American soldiers accounted for the vast majority of black people in Britain. Britain’s population was overwhelmingly white, most of the country almost entirely so. Black Britons numbered around eight thousand in total, and were clustered in London, Liverpool and a few other ports. For the residents of most towns and villages near US bases, the proximity of black people was wholly novel.
Given that most Britons had seen black people only in films or books, you might have expected them to distrust or fear the new arrivals. Instead, as the historian David Olusoga remarks, the natives were “extraordinarily welcoming” to their black visitors. In fact, black GIs were offered a warmer reception than their white counterparts. In the letters and diaries of British inhabitants, White GIs are portrayed as arrogant, flashy, and unruly, while Black GIs, by contrast, are described as courteous, self-disciplined, and charming.
For black GIs, the warm and respectful treatment they received in Britain’s shops, pubs, and church halls threw their relationship with fellow countrymen into sharp relief. At home, black Americans from Southern states were strictly segregated from whites and systematically oppressed. Jim Crow laws ensured that they were politically disenfranchised and economically marginalised, eighty years after the abolition of slavery. The oppression was cultural too: black Americans were routinely and openly treated as contemptible by their white counterparts.
For many black soldiers, the experience of Britain renewed and sharpened a sense of injustice over how they were treated in the United States. As one put it, “we are treated better in England than we are in a country that is supposed to be our home.” Naturally enough, it led some of them to question why they were fighting. Another GI wrote: “I am an American negro, doing my part for the American government to make the world safe for a democracy I have never known.”
I recently watched the Channel 4 miniseries Traitors, in which American race relations right after World War II in London mattered a great deal to the plot. Learning about Bamber Bridge added more depth to my understanding of the show.
Just a couple of articles that caught my interest this morning:
Finally, today is the 65th anniversary of the collision between the Stockholm and the Andrea Doria off the coast of Nantucket in which 1,646 people were saved before the Doria sank.
But he still has a lot to say about what he calls "successor ideology:"
The best moniker I’ve read to describe this mishmash of postmodern thought and therapy culture ascendant among liberal white elites is Wesley Yang’s coinage: “the successor ideology.” The “structural oppression” is white supremacy, but that can also be expressed more broadly, along Crenshaw lines: to describe a hegemony that is saturated with “anti-Blackness,” misogyny, and transphobia, in a miasma of social “cis-heteronormative patriarchal white supremacy.” And the term “successor ideology” works because it centers the fact that this ideology wishes, first and foremost, to repeal and succeed a liberal society and democracy.
In the successor ideology, there is no escape, no refuge, from the ongoing nightmare of oppression and violence — and you are either fighting this and “on the right side of history,” or you are against it and abetting evil. There is no neutrality. No space for skepticism. No room for debate. No space even for staying silent. (Silence, remember, is violence — perhaps the most profoundly anti-liberal slogan ever invented.)
And that tells you about the will to power behind it. Liberalism leaves you alone. The successor ideology will never let go of you. Liberalism is only concerned with your actions. The successor ideology is concerned with your mind, your psyche, and the deepest recesses of your soul. Liberalism will let you do your job, and let you keep your politics private. S.I. will force you into a struggle session as a condition for employment.
Obama was a straddler, of course, and did not deny that “so many of the disparities that exist in the African-American community today can be directly traced to inequalities passed on from an earlier generation that suffered under the brutal legacy of slavery and Jim Crow.” I don’t deny that either. Who could? But neither did he deny African-American agency or responsibility:
It means taking full responsibility for own lives — by demanding more from our fathers, and spending more time with our children, and reading to them, and teaching them that while they may face challenges and discrimination in their own lives, they must never succumb to despair or cynicism; they must always believe that they can write their own destiny.
To say this today would evoke instant accusations of being a white supremacist and racist. That’s how far the left has moved: Obama as an enabler of white supremacy.
Personally, I favor liberalism, and I always will. We have the most successful multiracial society in history. We can do better; we must do better; but damn, we're not all good or all evil.