In some courts, justice reigns. The lies perpetrated by Alex Jones, earned him real punishment affecting his wallet. The lies generated and broadcast by the Republican party must be fought creatively to assure appropriate and meaningful punishments. The lies support an agenda of rule by a minority that attacks our Constitution. It is a self serving agenda designed to preserve advantage for the white, Christian wealthy at the expense of the more diverse citizenry of our nation. The decisions and punishments may come from the courts, but must be supported by the pressure applied from organizing and concentrating the opinions of the people. For example, the Republican party demonstrates success in the long range planning and organizing of anti abortionists' minority beliefs. To withstand the assault, "grass root" organization and financial support of groups already organized to fight the attacks are essential. There is no simple solution.
Community is the answer. Real, not online. But these two must meet, in a productive way, to have effect in today's world. That is one important part of the struggle. Indeed, today's electronic media is both a blessing and a curse.
‘A sizable hard-right majority is determined to remake American society in a manner that, according to the most reliable poll information, is very unpopular with the electorate at large.’
Perhaps you have made a misstatement in this sentence? I believe the numbers show the hard right is a minority in the electorate—although they are loud and obnoxious in their voices. And they would like most Americans to think they are a majority.
You aren't the first person to note this. A majority of 8 is 5, so maybe Dan Rather considers 6 (or more) to be a sizable majority of Supreme Court justices.
Will we be cynically surprised or simply happy when the Department of Justice goes after Trump with criminal charges? Be patient and get out and vote. Republicans are abandoning this runaway wreck every week now. Do not underestimate the energetic doers who are not going to permit the Supreme Court to continue to make decrees as they see fit. The people are in charge and will prove it as the months pass.
One and all should observe and listen to indigenous peoples who are making some serious inroads in gaining control of their fate by using the tools of law. They are no longer allowing the government and the wealthy to run roughshod over them. They are educated and motivated to stand in peaceful protest to shift the balance of power and they are not afraid to stand toe to toe with their oppressors.
The best solution is for the Senate to drop the filibuster when raising civil and privacy rights including Voting Rights, Rainbow (let's not use LGBTQ+) rights, privacy (aka Abortion) and basic civil rights. Immediately, the Senate should reconsider the filibuster vote against the John R Lewis Voting Rights bill: H.R.5746 and vote today on that measure. Time is awasting.
My soul needed this balm and my heart needed this hope. We can do this. The majority, as shown in poll after poll, are not on board with the radical right. We must organize, work together, and push back!
We are working to set up avteam of lawyers and law professors to bring the Thirteenth Amendment argument to the attention of the Supreme Court and finding a way for S, Ct. to overrule Dobbs June 24 decision and enter a new opinion by at least a 5-4 majoritty that restrictive State abortion laws subject especially poorer women to involuntary servitude by forcing the woman to carry the baby to term and endure labor and delivery against her will as State would not permit her to obtain an abortion, and thus the State violates the Thirteenth Amendment which bars slavery and involuntary servitude. See US v Kominski (1988)
Unfortunately the US Supreme Court on July 26, 2022 issued the formal mandate and Judgment directing that the case be returned to the Fifth Circuit Court of Appeals in New Orleans, so it is now too late to file any Petition for Intervention or Petition for Rehearing. The attorneys for the Jackson Women’s Center were aware of my argument that the Thirteenth Amendment prohibits the MS 15 week deadline for an abortion as I provided it to them by email and in my Newsletter published under haroldrberk.22. .com.
I suggested they file a Petition for Rehearing under S.CT. Rule 44 which they had the right to do up until the deadline of July 19, 2022. But for whatever reason, they chose to do nothing. Also, the Solicitor General, Ms. Prolegar, filed nothing.Neither one of them responded to my emails, published newsletter or direct telephone calls to explain why they did nothing on what I thought was a good argument under the Thirteenth Amendment that had not been raised by any attorney or Justice.
I have told attorneys that I think new parties and new attorneys could raise the Thirteenth Amendment issue to restore Roe and Casey, as modified by 5 Justices without the bar of res judicata applying as there would be different parties and different legal issues from those discussed in Dobbs. Will anyone file litigation to restore Roe and Casey, as modified by five Justices, I hope so.
If you click on it you will find all my Newsletters on Dobbs along with a solution to who leaked the draft Alito opinion in Dobbs, as well as art, theater and music reviews.
The Thirteenth Amendment would apply only if the government forced the woman to become pregnant to produce a baby for the benefit of the government. Prevention of the deliberate death of a human being is to benefit the human being, not the government.
If your country is built on law stick to it. Egalitarian means for everyone does not exclude the rich and powerful The fact that DT is back in Washington giving a speech on law and order is just laughable. He should have video of Jan 6 riot on the Capitol as his backdrop.SAD!!!!
Thank you for informing me of Prof. Bowie. Citizens organizing for action that includes voting, but also encompasses direct action is the next essential step. In addition to focusing on reasonable gun restriction, climate change, voting rights, and basic human rights for women, I suggest we address the elephant in the room: separation of church and state. Keep spiritual beliefs private and irrational. Insist that government actions are secular and rational.
The question I want to ask is also the point I want to make, depending on the answer. The three main branches of government were created to maintain an open-ended government of laws that could be changed as needed; the major example being Amendments to the Articles of the Constitution. The Congress makes and passes carefully worded rules which they pass on by majority vote; the President signs them into law or vetoes them; the Congress then can override the President's veto or not; if passed, the Supreme Court's primary reason for being is to approve the passed law or not. The President and Congress fluctuate and change from year to year because they're elected by the People's majority. The Supreme Court is appointed by the Senate. These three branches are supposed to oversee and counterbalance one another, and there is wording in place in the Constitution to make this so. Does it or does it not depend on the electorate ( that's us, folks) to manage the entire operation from year to year, decade to decade, even from moment to moment?
The Labor Movement is a prime example. More than 100 years since the Labor Movement began in earnest and people died in the streets, and here we are, threatened with all we fought to overcome then......the only difference being the size of the money pot and the population. The vote is being threatened on all fronts, not just one or two. Individual freedoms are being threatened as never before. We, as a nation of individuals, are no more educated and informed than we ever have been, and apparently even less inclined to do anything about it than ever before. Not only that, but we seem to be afraid to try. Here's my second question: WHY?
WHY, because there is no WE (unless it's to bomb or starve some far flung nation, incapable of retaliating with similar intensity). We're tribal, not only in the sense of ancestry, but in large part to find comfort, fellowship, and security. The power our founders bequeathed to the States might indicate their own affection for tribalism. And the States took the lead from there. The internet has been magnificent in expanding tribal diversity, participation, and nourishment .
"Herding Cats" is probably the most suitable metaphor as an answer to WHY?. So it all depends on the quality, quantity, and accessibility of the catnip[.
In some courts, justice reigns. The lies perpetrated by Alex Jones, earned him real punishment affecting his wallet. The lies generated and broadcast by the Republican party must be fought creatively to assure appropriate and meaningful punishments. The lies support an agenda of rule by a minority that attacks our Constitution. It is a self serving agenda designed to preserve advantage for the white, Christian wealthy at the expense of the more diverse citizenry of our nation. The decisions and punishments may come from the courts, but must be supported by the pressure applied from organizing and concentrating the opinions of the people. For example, the Republican party demonstrates success in the long range planning and organizing of anti abortionists' minority beliefs. To withstand the assault, "grass root" organization and financial support of groups already organized to fight the attacks are essential. There is no simple solution.
Community is the answer. Real, not online. But these two must meet, in a productive way, to have effect in today's world. That is one important part of the struggle. Indeed, today's electronic media is both a blessing and a curse.
Thank you Dan great article
‘A sizable hard-right majority is determined to remake American society in a manner that, according to the most reliable poll information, is very unpopular with the electorate at large.’
Perhaps you have made a misstatement in this sentence? I believe the numbers show the hard right is a minority in the electorate—although they are loud and obnoxious in their voices. And they would like most Americans to think they are a majority.
You aren't the first person to note this. A majority of 8 is 5, so maybe Dan Rather considers 6 (or more) to be a sizable majority of Supreme Court justices.
He's referring to the Court, not the population.
I thought the reference was to the majority in the Supreme Court, not to the country at large.
Will we be cynically surprised or simply happy when the Department of Justice goes after Trump with criminal charges? Be patient and get out and vote. Republicans are abandoning this runaway wreck every week now. Do not underestimate the energetic doers who are not going to permit the Supreme Court to continue to make decrees as they see fit. The people are in charge and will prove it as the months pass.
I BELIEVE THIS WITH ALL MY HEART THANK YOU
One and all should observe and listen to indigenous peoples who are making some serious inroads in gaining control of their fate by using the tools of law. They are no longer allowing the government and the wealthy to run roughshod over them. They are educated and motivated to stand in peaceful protest to shift the balance of power and they are not afraid to stand toe to toe with their oppressors.
Great insight and perspective.
Thank you , Mr. Rather.
The best solution is for the Senate to drop the filibuster when raising civil and privacy rights including Voting Rights, Rainbow (let's not use LGBTQ+) rights, privacy (aka Abortion) and basic civil rights. Immediately, the Senate should reconsider the filibuster vote against the John R Lewis Voting Rights bill: H.R.5746 and vote today on that measure. Time is awasting.
Whew! What good read. I've read it all twice now. Stacey Abrams comes to mind. Hard work and grit. Yes, we can! Sí, se puede!
My soul needed this balm and my heart needed this hope. We can do this. The majority, as shown in poll after poll, are not on board with the radical right. We must organize, work together, and push back!
Excellent information. Thank you for sharing
looking for short term laptop rental
We are working to set up avteam of lawyers and law professors to bring the Thirteenth Amendment argument to the attention of the Supreme Court and finding a way for S, Ct. to overrule Dobbs June 24 decision and enter a new opinion by at least a 5-4 majoritty that restrictive State abortion laws subject especially poorer women to involuntary servitude by forcing the woman to carry the baby to term and endure labor and delivery against her will as State would not permit her to obtain an abortion, and thus the State violates the Thirteenth Amendment which bars slavery and involuntary servitude. See US v Kominski (1988)
See argument at: haroldrberk.substack.com
Unfortunately the US Supreme Court on July 26, 2022 issued the formal mandate and Judgment directing that the case be returned to the Fifth Circuit Court of Appeals in New Orleans, so it is now too late to file any Petition for Intervention or Petition for Rehearing. The attorneys for the Jackson Women’s Center were aware of my argument that the Thirteenth Amendment prohibits the MS 15 week deadline for an abortion as I provided it to them by email and in my Newsletter published under haroldrberk.22. .com.
I suggested they file a Petition for Rehearing under S.CT. Rule 44 which they had the right to do up until the deadline of July 19, 2022. But for whatever reason, they chose to do nothing. Also, the Solicitor General, Ms. Prolegar, filed nothing.Neither one of them responded to my emails, published newsletter or direct telephone calls to explain why they did nothing on what I thought was a good argument under the Thirteenth Amendment that had not been raised by any attorney or Justice.
I have told attorneys that I think new parties and new attorneys could raise the Thirteenth Amendment issue to restore Roe and Casey, as modified by 5 Justices without the bar of res judicata applying as there would be different parties and different legal issues from those discussed in Dobbs. Will anyone file litigation to restore Roe and Casey, as modified by five Justices, I hope so.
Correction to my substack address: It is: haroldrberk.substack.com
If you click on it you will find all my Newsletters on Dobbs along with a solution to who leaked the draft Alito opinion in Dobbs, as well as art, theater and music reviews.
The Thirteenth Amendment would apply only if the government forced the woman to become pregnant to produce a baby for the benefit of the government. Prevention of the deliberate death of a human being is to benefit the human being, not the government.
If your country is built on law stick to it. Egalitarian means for everyone does not exclude the rich and powerful The fact that DT is back in Washington giving a speech on law and order is just laughable. He should have video of Jan 6 riot on the Capitol as his backdrop.SAD!!!!
Thank you for informing me of Prof. Bowie. Citizens organizing for action that includes voting, but also encompasses direct action is the next essential step. In addition to focusing on reasonable gun restriction, climate change, voting rights, and basic human rights for women, I suggest we address the elephant in the room: separation of church and state. Keep spiritual beliefs private and irrational. Insist that government actions are secular and rational.
The question I want to ask is also the point I want to make, depending on the answer. The three main branches of government were created to maintain an open-ended government of laws that could be changed as needed; the major example being Amendments to the Articles of the Constitution. The Congress makes and passes carefully worded rules which they pass on by majority vote; the President signs them into law or vetoes them; the Congress then can override the President's veto or not; if passed, the Supreme Court's primary reason for being is to approve the passed law or not. The President and Congress fluctuate and change from year to year because they're elected by the People's majority. The Supreme Court is appointed by the Senate. These three branches are supposed to oversee and counterbalance one another, and there is wording in place in the Constitution to make this so. Does it or does it not depend on the electorate ( that's us, folks) to manage the entire operation from year to year, decade to decade, even from moment to moment?
The Labor Movement is a prime example. More than 100 years since the Labor Movement began in earnest and people died in the streets, and here we are, threatened with all we fought to overcome then......the only difference being the size of the money pot and the population. The vote is being threatened on all fronts, not just one or two. Individual freedoms are being threatened as never before. We, as a nation of individuals, are no more educated and informed than we ever have been, and apparently even less inclined to do anything about it than ever before. Not only that, but we seem to be afraid to try. Here's my second question: WHY?
WHY, because there is no WE (unless it's to bomb or starve some far flung nation, incapable of retaliating with similar intensity). We're tribal, not only in the sense of ancestry, but in large part to find comfort, fellowship, and security. The power our founders bequeathed to the States might indicate their own affection for tribalism. And the States took the lead from there. The internet has been magnificent in expanding tribal diversity, participation, and nourishment .
"Herding Cats" is probably the most suitable metaphor as an answer to WHY?. So it all depends on the quality, quantity, and accessibility of the catnip[.