One of the GOP's tells is that it accuses Democrats of its own sins. Take "packing the court," a process we watched unfold with Trump's appointments of Gorsuch, Kavanaugh and Coney Barrett.
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A Supreme Court filled with Federalist Society sociopaths chosen by Donald Trump is scary, for two reasons: first, they are apt to take up extreme Constitutional interpretations, and second, because they will distort Congress's intent to serve the wealthy.
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There's not much we can do about the former, but the latter is fully addressable through lawmaking. Take SCOTUS's recent ruling that the FTC doesn't have the authority to extract cash penalties from predatory lenders to compensate their victims.
It's a bullshit decision, but it's easily addressed: if SCOTUS says that Congress's law that created the FTC doesn't let it claw back stolen money from loan sharks, Congress can pass a new law that explicitly gives the FTC that authority.
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That's what the Consumer Protection and Recovery Act does. It's an example of "judicial override": when Congress overrides the Supreme Court's interpretations of its laws by making new laws that leave no room for doubt.
Take the Non-Judicial Foreclosure Debt Collection Clarification Act, which overrides a SCOTUS ruling that stripped people of the right to redress when their houses were foreclosed by sleazy lenders.
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Much of the harm from Trump's Supreme Court packing can be undone, but only if the Dems control the Presidency, the House and the Senate.
Uh...
Of course, for that to actually work, we need Manchin and Sinema to abandon their suicide-pact in defense of the filibuster.
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But if we can, there's even scope for heading off the destructive power of SCOTUS's wilful misinterpretations of the Constitution, by following the example that Lincoln set.
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The white supremacist Supreme Court of the Lincoln era consistently struck down the abolitionist laws that Lincoln signed. But Lincoln kept signing them, playing a game of high-stakes chicken with the court.
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After all, the court's power springs from its legitimacy - that is, from the public's perception that it DESERVES to have power. If the unelected Supreme Court consistently reverses popular legislation, that legitimacy evaporates, and with it, the court's power.
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Lincoln understood that he had the will of the people behind him, and the Supremes did, too - eventually...after they were sidelined and made irrelevant for a decade.
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ETA - If you'd like an unrolled version of this thread to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
Back in November, we learned that Disney had pulled a breathtakingly criminal wage-theft manuever on one of science-fiction's most beloved authors, Allan Dean Foster, an elderly cancer-patient caring for his sick wife.
Foster is the bestselling author of some of the most successful movie novelizations ever, from the first STAR WARS novel to ALIENS novels and more. Thanks to Disney's monopolistic buying spree of companies like Lucas and Fox, they now owned the movies and Foster's contract.
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Here's where things get criminally weird. Disney argued that when they bought out Lucas, Fox, etc, they acquired their assets, but not their liabilities. In other words, they'd acquired the right to sell Foster's work, but not the obligation to pay him when they did.
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For a society to be unequal and stable, it needs a STORY. If you have less-than-enough and your neighbour has more-than-enough, it's natural to ask why you shouldn't take it from them.
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If that sounds weird to you, that's because you believe the story property is, by and large, legitimate. But what if you KNEW that your neighbor had cheated other people to get their stuff? Maybe then you'd support taking it away?
Market societies are, by nature, unequal. Markets produce winner-take-all wealth distributions of great inequality. The winners in markets have guards and cops and courts to help them defend those winnings, but their primary defense is LEGITIMACY.
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For at least a decade, US politicians have made symbolic, unfulfilled promises to do something about the "#CarriedInterest tax loophole," a thing that virtually no one understands. @yvessmith's explanation will remedy that.
To understand carried interest, you have to start with capital gains tax. In the US, wages - money you get for working - are taxed at a higher rate than capital gains (money you get because you sold something you own at a profit).
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Supposedly, that's because capital gains are critical to pension savings. That's important given the annihilation of employer-backed pensions and the rise of "market-based" pensions dependent on working stiffs figuring out how to win at the stock-market casino.
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Tomorrow, I'm helping Bruce Sterling launch "Robot Artists & Black Swans," a book of sf short stories in the Italian "fantascienza" mode, at Austin's Book People!
Remember when a group of establishment Congressional Democrats vowed that they would add means-testing to the emergency relief checks so that "the money wouldn't go to people who didn't need it?"
(If you'd like an unrolled version of this thread to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:)
The argument that federal relief should target the 99% and not the 1% is a familiar - and defensible - one. The Trump #taxscam handed trillions to the richest Americans, triggering stock buybacks: