The Daily Parker

Canadian author Margaret Atwood wrote The Handmaid's Tale in the 1980s, when the establishment of a theocracy in 21st-century Massachusetts seemed like science fiction. Today, she worries she might only have gotten the location wrong:

Although I eventually completed this novel and called it The Handmaid’s Tale, I stopped writing it several times, because I considered it too far-fetched. Silly me. Theocratic dictatorships do not lie only in the distant past: There are a number of them on the planet today. What is to prevent the United States from becoming one of them?

For instance: It is now the middle of 2022, and we have just been shown a leaked opinion of the Supreme Court of the United States that would overthrow settled law of 50 years on the grounds that abortion is not mentioned in the Constitution, and is not “deeply rooted” in our “history and tradition.” True enough. The Constitution has nothing to say about women’s reproductive health. But the original document does not mention women at all.

Let’s look at the First Amendment. It reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The writers of the Constitution, being well aware of the murderous religious wars that had torn Europe apart ever since the rise of Protestantism, wished to avoid that particular death trap.

t ought to be simple: If you believe in “ensoulment” at conception, you should not get an abortion, because to do so is a sin within your religion. If you do not so believe, you should not—under the Constitution—be bound by the religious beliefs of others. But should the Alito opinion become the newly settled law, the United States looks to be well on the way to establishing a state religion. Massachusetts had an official religion in the 17th century. In adherence to it, the Puritans hanged Quakers.

If Justice Alito wants you to be governed by the laws of the 17th century, you should take a close look at that century. Is that when you want to live?

I sure don't. Why do Republicans?

Sheesh:

• Eriq Gardener provides four reasons not to think a Supreme Court insider leaked Justice Alito's (R) draft opinion.
• NPR reports that Justice Thomas (R) of all people complained about people losing respect for the Court.
• Alex Shephard agrees with me that the GOP caught the car with the Alito leak, but that won't stop them from threatening every other privacy-based right Americans have.
• Military analyst Mick Ryan examines where the Ukrainian army might engage the Russians next, and how they have maintained the initiative since the invasion.
• The Chicago City Council may finally have a new ward map, but no one seems happy about it, meaning it's probably the best compromise possible.
• The Economist's "Bartleby" column explains why "working from anywhere" doesn't work for most people.
• Cranky Flyer listened in on Spirit Airlines' earnings call to figure out why they rejected JetBlue's takeover offer.

And finally, when I left for San Francisco on Saturday morning, it was 10°C and sunny. Here we are about 76 hours later and it's 30°C. We really don't have spring or fall here some years.

According to my Garmin, I got almost 18 hours of sleep the past two nights, but also according to my Garmin (and my groggy head), few of those hours made a difference. I take some of the blame for that, but on the other hand, someday I want to stay in a hotel room where I can control when the air conditioner turns on and off.

Anyway, while I slept fitfully, these stories passed through my inbox:

• EJ Dionne reminds us that the current Supreme Court has decided many more anti-democratic cases than just the one on abortion.
• Inae Oh wants the Democratic Party to stop relitigating 2016 and actually do something. I agree.
• With a little more than 9 months before the election, the Tribune lists the current and probable candidates for Mayor of Chicago.
• Amanda Mull explains how awful medieval life actually was, despite myths to the contrary.
• Jill Lepore tries to help Justice Alito (R) understand why the Constitution doesn't mention women.

And finally, good news for the Brews & Choos Project: Lagunitas plans to re-open their taproom later this year.

South Texas College of Law Houston Law Professor Josh Blackman sketches out a timeline pointing to a right-wing Justice's clerk as the likely source of the Dobbs leak:

First, where did the leak come from? Most people are presuming this leak came from someone with access to the opinion, such as a Justice or a clerk. That presumption is probably correct, but it is also possible there was some illegal exfiltration of the document. ... People who are fanatical about abortion may go to great lengths to support their cause.

Fourth, Politico got the scoop. Not the Washington Post or New York Times or WSJ or NPR. Or, perhaps other outlets had a copy of the opinion, but only Politico was willing to run it. I still think WSJ had the opinion last week, in light of their editorial. The Supreme Court is in worse shape than I could have imagined.

Josh Marshall draws lines between Blackman's dots:

[T]he rapid-fire follow-up reporting on John Roberts’ position on the Mississippi case, just hours after the Politico exclusive, made me think at the time that the leaked draft opinion wasn’t a one off thing. It seemed part of a larger breakdown of secrecy or on-going leaks tied to the Mississippi abortion case. You don’t come up with details about the Chief Justice’s position and arguments from internal deliberations on one of the biggest cases in decades in an hour and a half if you’re beginning from a cold start. Then this morning I found out about this Wall Street Journal opinion page editorial from April 26th in which they fairly transparently write about current Court deliberations in the Mississippi case, specifically that John Roberts was trying to pull an unnamed conservative Justice back from fully overturning Roe.

[W]hy the column in late April? And why the specifics? It certainly reads like the authors had an inside read on on-going deliberations and fears that Roberts might be in the process of sneaking a defeat from the jaws of victory.

It reads even more like that when you read the piece in the context of the subsequent leak.

Blackman is a big advocate for overturning Roe. But that’s mostly neither here nor there for our present purposes. What’s interesting is that he’s written extensively about previous cases when Roberts nudged the Court toward less right-wing decisions and cases where there were leaks and pressure campaigns trying to prevent him from doing so. So Blackman is something of an expert on this on-going pattern and history. He seemed to spot it from his first read of the Journal editorial. Indeed, if I’m reading his piece correctly he seems to think the Journal may well have had a copy of the Alito opinion too.

(Emphasis in original.)

So, some clerk in Justice Alito's (R) or Thomas's (R) office gave photocopies of Alito's first draft to a number of right-leaning outlets, and Politico published first. All of this to push the Court towards a more extreme position than Chief Justice Roberts (I) can agree with.

A day and a half after the unprecedented leak of Justice Alito's (R) draft opinion in Dobbs v Jackson, everyone and her dog has a reaction piece:

• David Von Drehle in the Post warns that Alito's arguments in Dobbs, if accepted as the final majority opinion, would imperil many other rights based on privacy law: "[S]hould Alito’s draft opinion be affirmed by the court’s majority, there will be little to prevent states from enacting limits [on contraception] if they wish. Women will have only as much guaranteed autonomy over their childbearing as they had in 1868. Alito’s draft recognizes the rights of an hour-old zygote, but not of a 12-year-old impregnated by a rapist."
• Jennifer Rubin concurs, saying the Court's "religion-driven mission" puts other settled law like Griswold v Connecticut and Lawrence v Texas in the crosshairs: "At its core, this Supreme Court’s right-wing majority seems eager to cast aside the restraints of precedent, making good on their supporters’ agenda rooted in Christian nationalism. In assuming life begins at conception (thereby giving the states unfettered leeway to ban abortion), Alito and his right-wing colleagues would impose a faith-based regimen shredding a half-century of legal and social change."
• Josh Marshall calls bullshit on Alito's long-professed "originalism:" "Alito recognizes that there are interpretive frameworks that address new issues not explicitly referenced in the constitution. That’s in this decision. But he keeps coming back to “history and tradition” as what really seems like a separate basis of authority. Basically old school values. And lots of rights won’t make that cut."
• Alex Shephard calls bullshit on Republicans trying to blame the leak for the Court's loss of legitimacy when, really, the activist Republican justices killed it: "There is a long tradition in conservative circles of finding every opportunity to claim victimhood. ... [But] the court’s legitimacy problems can, frankly be traced back to Bush v. Gore, if not earlier, when five Republican-appointed justices decided a presidential election based on their own partisan affiliations; this paved the way for President George W. Bush to appoint Samuel Alito."
• Law professor and former Federal prosecutor Joyce Vance concurs, saying "Reversing Roe, particularly in the manner Alito does, condescending, patronizing, forcing an end to women’s full participation as equals in society, will forever change the belief that the court is above politics and the public’s confidence in the Court."
• Adam Liptak of the Times agrees, hinting that Alito or one of his clerks might have leaked the draft as away of pressuring Justices Kavanaugh (R) or Gorsuch (R) to stay in the majority.
• George Will, fresh from his local dispensary, says the end of Roe gives everyone a chance to start over. Everyone, I suppose, except the women whose lives will be ruined or lost because of unwanted or unsafe pregnancies.
• Stephen Colbert Tweets, "I can’t believe how gullible Susan Collins is. But Susan Collins can." But Eric Garland reports on some aspects of Collins' history that paint a much worse picture of the Senator.
• Julia Ioffe reminds us that five of six of the Republican justices were appointed by presidents who lost the popular vote.

But, hey, guys? Please keep covering the other stories of the day. Like, for example, the corruption of Justice Thomas (R) and his wife.

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.

As I did in 2020, this year I live-posted SOTU on Facebook. Here are my posts, in the order I made them:

OK, here we go with the SOTU. Last time (2020) I needed two martinis and watched with the sound off. This time, I see no need for alcohol and I'm happy to listen. What changed, I wonder?

Ukrainian ambassador gets an extended standing ovation from the entire government of the United States. She might prefer fighter jets and ammunition, but it was a nice gesture

We're putting troops along the Russian border...whoo boy

Yes! End "trickle-down" policies which only concentrate wealth at the top

Infrastructure decade. Yes.

It's so nice to hear a coherent, positive speech from a man who cares about the job he has

I was already a little concerned about the "make it in America" rhetoric, and then cue the GOP chanting "USA, USA!"

Dignity! Yes, this is where Biden excels. Nice.

The wise grandfather is such a welcome contrast to the ugly uncle

I did not predict a chief prosecutor for pandemic fraud. Very good.

"The only president ever to cut the deficit by $1 trillion in one year." Partially disingenuous, but still true

Anti-virals on the spot at no cost if you test positive at a pharmacy. Wow

Bipartisan standing O on "our kids need to be in school."

"Let's see each other as...fellow Americans." Most of the GOP clapped too. Good.

Strong statement against "defund the police." And yes! Repeal the liability shield protecting guns!

Awww. Justice Breyer looks so cute

Wow, Katanji Brown to "strong borders" in one sentence? Grandpa missed a paragraph break

Did the speechwriters run out of time? It seems like we're in the "and another thing" section. The recap in sonata-allegro form, I suppose

Wow, connecting military burn pits to his son's cancer

ARPAH [Advanced Research Projects Agency for Health]. We can do this.

The state of the Union is strong because you, the American people, are strong.

Of course the outburst was from Boebert.

Wow, what a contrast from last time. No martinis required, but I believe I will have a wee Lagavulin.
Meanwhile, Cassie has graduated to loud snoring:

And yes, I did have a wee Lagavulin:

Here's the unedited thread:

My friend in Kyiv posted on Facebook an hour ago about how many parking spaces are available in her neighborhood. She also couldn't figure out for a few seconds why there was a pillow in her bathtub this morning. So things could be better over there.

How much better could it be?

• Putin's tactics and propaganda bring to mind another European leader from the 1930s. And like that historical figure, Putin has lost the war by starting it.
• Russian forces took Chernobyl (yes, that Chernobyl) simply because they crossed the Dnieper in Belarus, and Chernobyl is simply on the way to Kyiv.
• Ukrainian president Volodymyr Zelensky is meeting the moment. So is the Ukrainian military, especially the guys who told a Russian destroyer crew to go fuck themselves.
• The UK will take steps to reveal the Russian dirty money hiding in London, a tactic I hope we follow in New York and Miami.
• So...where does all this leave Taiwan?

Meanwhile...

• President Biden has nominated appellate judge Ketanji Jackson Browne to the US Supreme Court.
• The Chicago area will get billions in much-needed transportation funds to fix our aging infrastructure.

Maybe in my lifetime we'll have peace in Eastern Europe and a transit system in Chicago as good as any in Europe 20 years ago. I'm not sure which is more likely.

One hundred years ago today, President Warren Harding installed a "Radio Phone" in his White House office. As the Tribune reported, "Navy radio experts commenced work to-day installing the latest scientific means of communication."

Flash forward to now:

• Margaret Talbot argues that Justice Amy Coney Barrett, whom nobody ever elected to public office, is playing a long game to bring her right-wing Catholic ideology into the mainstream—or, at least, to enshrine it in the law.
• Times columnist Margaret Renkl, writing from Nashville, argues that Tennessee has bigger problems than just one school board banning Maus.
• Ultra-low-cost airlines Spirit and Frontier have merged, after years of dating and several previous feints toward the altar.
• The oldest pub in the United Kingdom will close because of lost revenue during the pandemic, according to its current proprietor. The landlord hopes the pub, first opened in 793 CE, reopens soon.

And finally, Max Boot asks, why does anyone care what Ben, Jerry, Whoopi, or Joe have to say? In my conversation just now with the reader who sent me the link, I pointed out that people have had about the same reaction to every new communications technology back to the printing press. (Probably back to the stone tablet, if you really think about it.)

This is welcome news:

Justice Stephen Breyer will step down from the Supreme Court at the end of the current term, according to people familiar with his thinking.

Breyer is one of the three remaining liberal justices, and his decision to retire after more than 27 years on the court allows President Joe Biden to appoint a successor who could serve for several decades and, in the short term, maintain the current 6-3 split between conservative and liberal justices.

At 83, Breyer is the court's oldest member. Liberal activists have urged him for months to retire while Democrats hold both the White House and the Senate. They contended that Justice Ruth Bader Ginsburg stayed too long despite her history of health problems and should have stepped down during the Obama administration.

Of course, we'll be sad to see Breyer retire. But it looks likely that we won't have another opportunity to appoint a non-partisan justice for many years.

Now if only Thomas and Gorsuch would retire...