Between Voter Suppression And Supreme Court Activism GOP Is Ripping Apart US Democracy

 Sen. Sheldon Whitehouse is working hard to shine light on Republican actions to thwart democracy through covert operations.  In this previous post "When You Find Hypocrisy In The Daylight, Look For Power In the Shadows" - Sen. Sheldon Whitehouse At Barrett Hearings  I offered a video of Whitehouse outlining the goals of the new GOP Supreme Court.  (New referring both to GOP and to Supreme Court.)  He identified 80 cases where there was a 5-4 majority (conservative v. liberal) split in the rulings and identified these four key outcomes:

• Unlimited Dark Money - that allows the wealthy and corporations (yes those do overlap) control legislatures that make the rules and even to get people appointed as head of federal agencies that regulate them.  Citizen United is the key decision here, but there are many others
• Knock the Civil Jury Down - The powerful can't control civil juries like they can control Congress.
• Weaken Regulatory Agencies - particularly pollutors to weaken their independence and strength
• Voter Suppression and Gerrymandering - making it harder to vote for citizens who might vote against their interests - Shelby County decision on no factual record against overwhelming support on the other side, that knocked out voter suppression protections and a bunch of states started suppressing the vote.  Same on gerrymandering.  

The goal of all of these is to create a Supreme Court that would strengthen power of corporations and the very wealthy.  He also outlined the Federalist Society's 40 year campaign to create this kind of court, including the creation of a legal ideology - Originalism - that would allow justices to reinterpret the Constitution to meet the conservative objectives.  All supported by dark money.

I'd like to call your attention to a New Republic article - The Supreme Court's Total War on Congress - by Simon Lazarus, Robert Litan/July 8, 2021 that argues the Supreme Court has shown in recent cases that it is now at war with Congress and has moved past its powers to interpret whether a law is Constitutional, to simply invalidating laws they don't like.  Here's one brief quote from the article which they say embody their thinking underlying a couple of cases decided in the last week of the Court's session:

 "If we cannot come up with a credible Constitution-based excuse for striking those provisions down, we will simply turn to the power justified two centuries ago by Chief Justice John Marshall as this court’s responsibility to “say what the law is.” We will use that raw power to ignore or rewrite unwanted statutory provisions, to render them ineffectual, or to produce results directly opposite to what they mean."

They are specifically looking at the case which essentially invalidated Section 2 of the Voting Rights Act and a decision which blocks a California law allowing unions to meet with workers on private property in labor campaigns.  Clearly the Voting Rights case fits the last of Whitehouse's four categories - Voter Suppression and Gerrymandering.  The anti-union case probably fits into the Weaken Regulatory Agencies category, though this was a California State law.  

You'll notice that State's Rights are used when convenient - as in the Voting Rights case - and also ignored when convenient - as in the California case.   

Finally, here's Sheldon Whitehouse again responding to these two recent Supreme Court cases in a Tweet today:

This week’s Scheme speech discusses two decisions just delivered by the Court – Americans for Prosperity Foundation v. FEC and Brnovich v. Democratic National Committee – that reflect the patterns and purposes of the Court-capture effort. https://t.co/LgkaE3zYkW

— Sheldon Whitehouse (@SenWhitehouse) July 13, 2021

 

Watching this video, I had to acknowledge that Whitehouse is a very slow and deliberate speaker.  But the content is is rich in fact and meaning.  For those who find Whitehouse too slow, I offer this comment by cartoonist Jen Sorenson on the recent Voting Rights Act.

I'd note that the two items in the title - Voter Suppression and the Supreme Court - are only two of the GOP efforts to destroy our democracy.  Trying to overturn elections is another.  Violent attacks on opponents is another.  Keeping democracy is going to require extra effort on the part of those who believe in democracy.  Extraordinary effort to get voters to the polls despite the obstacles the GOP is setting up and the Supreme Court is allowing is one option.