While everyone talks about the Roe and J&J cases at SCOTUS, they are quietly hinting that they may uphold some voting restrictions.
There are three issues at play here - two are specific restrictions on voting; another regards the VRA more broadly.
/1
nytimes.com/2021/03/02/us/…
There are three issues at play here - two are specific restrictions on voting; another regards the VRA more broadly.
/1
nytimes.com/2021/03/02/us/…
In a democratic republic, institutional structures are designed and created to balance the inherent risks that a purely direct democracy would pose to a nation’s stability.
The EC is one example of this (although it failed to stop Trump, and is arguably no longer useful).
/2
The EC is one example of this (although it failed to stop Trump, and is arguably no longer useful).
/2
https://twitter.com/clearing_fog/status/1220530404211347456
Philosophically speaking, the majority of the nation would agree that every single eligible citizen should have the opportunity to freely cast their vote, to have a voice in the direction of their government; and the constitutional structures will act as the balancing force.
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/3
The Republican Party disagrees with that core philosophy.
This is not new; American conservatives have long held that they should be able to further restrict whose vote gets counted.
There are various reasonings provided for this belief; many argue for a “meritocracy.”
/4
This is not new; American conservatives have long held that they should be able to further restrict whose vote gets counted.
There are various reasonings provided for this belief; many argue for a “meritocracy.”
/4
The idea behind the meritocracy argument is that, since it is clear the founders wanted educated, industrious, and successful members of society to “guide” the broader sweeps of democracy (via constitutional structures), that should also extend to defining who gets to vote.
/5
/5
To be fair, the *original* Constitution did not explicitly describe voting as a “right” at all.
But it definitely does now - because, as a nation and a republic, we added text to make sure it was protected.
In fact, no single right is mentioned more.
/6
theatlantic.com/national/archi…
But it definitely does now - because, as a nation and a republic, we added text to make sure it was protected.
In fact, no single right is mentioned more.
/6
theatlantic.com/national/archi…
In the Constitution, voting is an individual right that is repeatedly protected, and “shall not be abridged.”
Compare the Republican Party’s treatment of this individual right to the way they protect the right to bear arms (which is only protected in the context of militias).
/7
Compare the Republican Party’s treatment of this individual right to the way they protect the right to bear arms (which is only protected in the context of militias).
/7
It’s important to recognize the Republican subterfuge here, and what it represents.
Put simply, the GOP doesn’t recognize voting as a right, even though the republic has explicitly decided that it is.
But it also represents a recurrent theme in the GOP’s broader capture.
/8
Put simply, the GOP doesn’t recognize voting as a right, even though the republic has explicitly decided that it is.
But it also represents a recurrent theme in the GOP’s broader capture.
/8
Many respected modern conservative thought leaders agree with the “meritocracy” argument, and have fought the idea that voting is a right, although they rarely say so explicitly.
Instead, they’ve spent decades exploiting “loopholes,” to whittle away at the right to vote.
/9
Instead, they’ve spent decades exploiting “loopholes,” to whittle away at the right to vote.
/9
This “looking for an angle” approach to laws and systems is a way to break the spirit of the law, while cleverly avoiding the repercussions of breaking the law.
Put simply, it is a premeditated way to commit crimes while avoiding charges.
It is also what mafias do.
/10
Put simply, it is a premeditated way to commit crimes while avoiding charges.
It is also what mafias do.
/10
https://twitter.com/clearing_fog/status/1248331127665786880
So, in a very real sense, the GOP has been operating as an organized criminal enterprise for decades, while avoiding real repercussions.
For various reasons, principled conservatives and never-Trumpers have been on board with this - largely as a means to win elections.
/11
For various reasons, principled conservatives and never-Trumpers have been on board with this - largely as a means to win elections.
/11
What many principled conservatives were unaware (or willfully ignorant) of is that the coalition of nihilist power seekers that they were embracing to win elections, were using them for their own ends.
The same way they used Christian fundamentalists.
/12
The same way they used Christian fundamentalists.
/12
https://twitter.com/clearing_fog/status/1226315980172754944
In effect, the GOP has, over the course of a few decades, pieced together a coalition of all the various groups who outright reject the legitimacy of certain parts of our democratically-enacted order.
And they are now using that coalition to attack it openly.
/13
And they are now using that coalition to attack it openly.
/13
Part of their strategy has involved using the courts as their new “legislative branch.”
They use the judiciary to restrict and roll back legislation, while using the other branches to attack and obstruct their opponents.
Hence their urgency around court appointments.
/14
They use the judiciary to restrict and roll back legislation, while using the other branches to attack and obstruct their opponents.
Hence their urgency around court appointments.
/14
https://twitter.com/clearing_fog/status/1331028483556872193
And now they are using the courts to chip away at voting rights.
Today’s SCOTUS comments center not only on the two specific issues at play, but also allow them to take aim at the very idea that underlies the Voting Rights Act.
This should concern everyone.
//
Today’s SCOTUS comments center not only on the two specific issues at play, but also allow them to take aim at the very idea that underlies the Voting Rights Act.
This should concern everyone.
//
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