In trying to digest the events of the past week — with the Supreme Court in particular — I somehow found myself thinking about Bill Barr. Barr, one might have thought, had learned a lesson about giving one man too much power. After the Trump Administration was over, Barr was widely quoted as saying that Trump was a terrible human being who shouldn’t be allowed near the Oval Office. But now he’s endorsed Trump again.
This was at CNN:
“I think that Biden is unfit for office,” Barr said on “The Source” in a wide-ranging interview. “I think Trump would do less damage than Biden, and I think all this stuff about a threat to democracy – I think the real threat to democracy is the progressive movement and the Biden administration.”
Collins pressed Barr – who has been highly critical of his former boss – “Just to be clear, you’re voting for someone who you believe tried to subvert the peaceful transfer of power, that can’t even achieve his own policies, that lied about the election even after his attorney general told him that the election wasn’t stolen … you’re going to vote for someone who is facing 88 criminal counts?”
Barr began, “Look, the 88 criminal counts, a lot of those are-“
“Even if ten of them are accurate?” Collins interjected.
“The answer to the question is yes,” Barr countered. “I’m supporting the Republican ticket,” he said.
Pressed further on whether he would vote for Trump specifically, Barr said, “Between Biden and Trump, I will vote for Trump because I believe he will do less damage over the four years.”
Barr went on to describe the difference between both parties in stark terms, insisting that the “the threat to freedom and democracy has always been on the left.”
“I think the real threat to democracy is the progressive movement and the Biden administration,” he said.
Let us speak plainly: This is irrational. First, Joe Biden himself for years stayed within the lines of what was acceptably not radical in Washington, however arbitratily those lines were drawn. As POTUS he has leaned more toward his party’s New Deal heritage than he did as senator, but he hasn’t proposed anything unparalleled in American history that I’ve noticed. And even the feared and much ridiculed Squad of the House hasn’t proposed anythng I can think of that puts a gun to the head of American democracy. Not even close.
One can’t say the same for Trump, can one?
I found a story from 2000 that says Barr called the states’ coronavirus restrictions the greatest civil liberties violation in the nation’s history since slavery. This tells me Barr has no concept of what oppression is. To this day I don’t get the hysteria over mask wearing. I can understand people being peeved by store, church, and office closings, but the greatest civil liberties violations since slavery? There was a bleeping deadly pandemic, people. And everyone was subject to the rules. They weren’t just applied to white male pickup truck owners named Bubba. As I kept writing in 2000, in U.S. history there have been similar restrictions applied at local levels many times during epidemics, even if there aren’t many people old enough to remember them.
The conservatives on the current Supreme Court have often expressed concern about executive overreach. Such overreach in their minds includes environmental regulations and student loan forgiveness. But trying to overturn an election is, apparently, just what you do on any given Wednesday. And it’s interesting to me that the right-wing justices wouldn’t listen to the details. This was true in both the abortion and the immunity hearings this week.
Kate Riga wrote at TPM this week that during the Idaho abortion law hearing, the court’s conservatives relentlessly tried to steer the discussion away from real-world examples as the three liberal women on the court kept bringing them up.
Justice Sonia Sotomayor flipped through her notes and told the story of a woman in Florida.
The woman had experienced a gush of liquid in her second trimester and went to the emergency room.
“The doctors believe that a medical intervention to terminate her pregnancy is needed to reduce the real medical possibility of experiencing sepsis and uncontrolled hemorrhage from the broken sac,” Sotomayor said. “This is the story of a real woman — she was discharged in Florida.”
Not under imminent threat of death, the woman went home, Sotomayor said. The next day, she started bleeding and passed out. She was brought back to the emergency room where she’d been turned away.
“There she received an abortion because she was about to die,” she said.
Sotomayor and Solicitor General Elizabeth Prelogar peppered the arguments with similar, real anecdotes, leaving the conservatives to squirm and sigh with palpable and growing anger.
The conservatives were angry. Where was that anger coming from, and to whom was it directed? Idaho medical personnel kept testifying that these days they often helicoptered women out of state for treatment to save their lives, because of the ambiguity of the Idaho law. That would make me angry too, but clearly the anger of the conservatives was coming from somewhere else.
The Court’s conservative wing tried with increasing and atextual persistence to convince listeners that Idaho’s strict ban still allows emergency room doctors to provide abortions to women in varying states of medical distress, and not just when doctors are sure the patient is facing death. They crafted a kind of anti-abortion fantasyland where not only do exceptions work, but that the narrowest ones will amenably stretch to cover all the sympathetic cases.
They pushed this vision, even while hospital systems in Idaho attest that they are airlifting pregnant women in crisis across state lines, or waiting for them to painfully “deteriorate” before treatment, cowed by the fact that prosecutors could come after them with punishments including mandatory prison time for violating the state ban.
Clearly, the conservatives have made up their minds that laws such as the Idaho abortion ban must be fair and just, and if those laws are not working it somehow must be the fault of those pesky women and their messy pregnancies. And don’t bother us with the details. You are disrespecting our superior wisdom with the details.
Likewise, in the immunity hearing the conservative justices refused to consider the narrow question in front of them and instead went off on lah-dee-dah discussions of ridiculous hypotheticals. So, sure, in some contexts having a political opponent assasinated or staging a coup to keep yourself in power past your expiration date could be part of a president’s official duties. Seems perfectly reasonable.
Indeed, Sam Alito actually proposed that a broad immunity might make it more likely that a president at the end of his term would peacefully step aside and not try to stage a coup.
So the same conservative justices who call themselves “originalists” and “textualists” seem poised to create new law unrelated to the Constitution based on their ideas of what’s good for the country. Right.
And what makes it all even more astonishing is that all of this consideration is being given to Donald Trump. It would be one thing if the person being benefited by the court’s concern were some kind of political mastermind, or at least someone with inspiring leadership skills. But it isn’t. It’s Trump. He is nothing but bile and ignorance. He’s a cartoon. This is the guy that all those powerful and allegedly smart men — and it’s mostly men — are trashing their institutions and reputations and principles to defend.
And they seem determined to do this because the alternative is to turn the nation over to … progressives? The real danger to the country? History tells us that the real danger to the U.S. is nearly always from the Right, not the Left, sorry. See Rachel Maddow, Prequel. The plantation owners who gave us the Confederacy were hardly progressive. Nor was the Ku Klux Klan. Any disruptions from left wingers pales in comparision to the real world historical examples.
Does it really come down to privileged White men who can’t stand to have their authority questioned? Even by reality? Because that’s what it looks like.