Teddypasketty Profile picture
Jun 25, 2022 22 tweets 4 min read Read on X
My rant: I’m a 52 year-old white guy who would, on paper, have no beef with what happened today or happened on January 6, or what has happened since the Supreme Court shut down ballot counting and put George W. Bush in power. All of it retains my power. But…
I grew up in a poor part of Ohio where large corporations came in and sold off jobs for the sake of profit. And I watched the powers that be decimate lives. For money. And I have never forgotten the families tossed aside for a dollar. So as I got older I became interested in law.
I came up truly believing that institutions would temper the basest instincts of our nature. I studied institutions of our nation, the three branches, and I made a life in law. I believed in checks and balances. We had bad Presidents, and good. Bad politicians, and good.
I think it was after Bush v. Gore, and then 9/11 and the war in Iraq — which had nothing to do with the attacks — that my foundation was truly shaken. We were a nation at war with people for no reason. We were a nation at war with itself over politics.
I never thought that an authoritarian could Happen Here. And then in November 2016 I was proven wrong. I knew then that we were truly in a slide. And I hoped that my first intellectual love, the Law, would save us. It sort of did, but barely. The President tried a coup.
Let me repeat that, because it bears repeating. The President attempted a coup. Full stop. Think about that. The President attempted a coup. But, before those days, he did something almost as damaging.
His party, led by Mitch McConnell, utterly subverted the Constitution’s advise and consent clause by denying Garland a vote. And then, when Ginsburg died, they rammed through Coney Barrett. And before that Kavanaugh, tainted and damaged.
So suddenly, after some really dirty fucking pool, we suddenly had a 6-3 majority comprised of some really ideological politicos. Not elected officials, but appointed, lifetime appointed, Justices.
I’ll confess this: we have had majority Republican-appointed Justices before. Blackmun, who wrote Roe? Republican appointee. O’Connor and Kennedy. Same. I never fully agreed with them, but they kept the evolution of the Law in a lane. The Court was always more sensitive to change
I guess that’s why — and here’s the confession — I never got worked up about a Kennedy or O’Connor or Rehnquist. Or others. Because there was a lane they stayed in. Conservative? Sure. Agree with them? Rarely. But stare decisis meant something to them. They wouldn’t burn it down.
So after 2000 and 9/11 and Trump, where we are now is nowhere I thought we would be. Where the Supreme Court would *openly* (Thomas’s concurrence today) invite challenges to longstanding rights. And overturn one. Look, and this is fact:
Today the Supreme Court, for the first time ever, chose to no longer recognize a right it conferred 50 years ago. It took away a right. For millions. I can see how we got here, but I never believed it could happen.
Here’s the sad thing for me as a lawyer. I can never again view the Court as an institution for reasoned, independent, apolitical — at least quietly apolitical— judgment. Today the veil was ripped away, and willingly. Brazenly.
The Court announced its decision, and in doing so loudly announced its open hostility to any interpretation of the Constitution that Is Not Theirs. Theirs. Not yours, not mine. Theirs. Their party’s, their party’s donors, their allies in the quest for more power.
So here we are. A nation where the laws are precisely what those in power say it is. And, brothers and sisters, that spells Doom upon our nation. It is as awful as you can imagine. One Justice today, in writing, openly invited cases to overturn a host of rights.
I am a man of the law. I became a non-sectarian cleric — a lawyer — in a time where that meant something. I was proud to be that. Because it meant fealty to a life outside of sway, and dedicated to reason. Regardless of party.
That is no more. I’m sure people of color or of minority status would rightly tell me the Law has never been this way. And I see that. But I always believed that at its core the Law could be a sword for the oppressed, as well as a shield for the privileged. And that in the end…
Right would prevail. I still think — well, I hope — right will prevail. But boy howdy does that tunnel to the other side look long and dark and full of terrors.
I’ve been a lawyer 26 years. And today I’ve never felt more impotent in the belief that the Law is what saves us. I am consumed by the view that the Law will not. The currency is power, regardless of the barriers of institution and commonality. Those barriers are fine now.
I’ll add one final warning: To the extent you think the forces at work on January 6 and hard at work today in the Supreme Court are sated and not a threat, you are wrong. Dead wrong. In no point in history have those with power seceded power. They will not rest.
And the next in line is you, and you, and you. Step by step. Slice by slice.

I’m a 52 year-old white dude who, on paper, has no reason to fear.

But I’m a lawyer. And a damned good one.

And I’m scared as Hell.
*”done” not “fine.”

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More from @teddipasketty

Mar 20, 2023
Last night watched “My Cousin Vinny” again. I’ve been a trial attorney 27 years. There’s a reason parts of that film is taught at the National Advocacy Center from time to time on the direct and cross-examinations of witnesses. It’s procedurally the most accurate film ever.
I have friends ask me about “Law & Order SVU NCIS SUV: TOPEKA” or even the great film with Paul Newman, “The Verdict”. They don’t hold a candle. “My Cousin Vinny” is as good as it gets. For procedure. The rest of the movie is absurdity. But still. It’s a great courtroom film.
I’ve used clips of the direct examination of Marisa Tomei as an expert witness on the slip differential of a 1964 Buick Skylark as an example of a procedurally-perfect examination of an expert witness. It’s a great scene. Procedurally perfect. Absurd, yes. But procedurally right.
Read 5 tweets
Mar 19, 2023
No comprehensive history of American Punk Rock is complete if it leaves out Loretta Lynn’s 1975 song “The Pill.” A coal miner’s daughter from Appalachia singing about the freedom birth control gave her from her husband was hardcore.
Evidence? Verse one:

You wined me and dined me
When I was your girl
Promised if I'd be your wife
You'd show me the world
But all I've seen of this old world
Is a bed and a doctor bill
I'm tearin' down your brooder house
'Cause now I've got the pill.

Hardcore.
Imagine in 1975, three years after Roe, seven years after Griswold, with your career burgeoning, you decide as a country singer to sing about the freedom for women offered by birth control. No offense to the white guys who could get away with it, but she put it out there. Punk.
Read 5 tweets
Feb 20, 2023
Here’s my favorite Belzer/Munch thing. So. The Tommy Westphall Universe Hypothesis is a theory that exists. The basic concept boils down to the idea that a huge number television shows belong to a single connected universe, which exists in the mind of a child, Tommy Westphall.
Tommy Westphalia was the autistic child who imagined *all* of the TV program St. Elsewhere, as revealed in the series finale, in which the camera pulls back to see Tommy staring into a snow globe of the hospital. Thus, all of the show was imagined by him.
So here’s the issue. Characters from St. Elsewhere appeared as their characters on *other*shows. Which means Tommy must have imagined them, too. But you can touch one show to another. Example:
Read 6 tweets
Feb 17, 2023
I am going to tell you a joke, but you won’t like it. It’s a long journey. You have to be willing to commit. You will hate me after. I am willing to accept that, if you are willing to read the whole thread. Do we have an agreement? If so, let me tell you about a horse.
So there was this horse that lives above a music shop. The music shop offered music lessons for individuals. Come in, play guitar, learn an instrument, that sort of thing. Like a Music Center, but with a pro who would help you.
So the horse one day is bored, and hears the music downstairs and decides to go down and take a music lesson. He meets with a guy and that guy puts the horse on a guitar.
Read 40 tweets
Feb 16, 2023
I work for an office in the federal government as a lawyer where in the last 8 years fully 1/3rd of our attorneys work on mass shooting cases. Schools, churches. Fortunately, I have dealt primarily with natural disasters. Floods, fires. Dozens died in my cases. None like this.
It’s too much, what I’m seeing. Kids who were victims of school shootings are attending college where a school shooting happened. It’s insane. Ironically, I’m a big believer in the right of individuals to own guns. Rifles, for hunting. Small arms to defend homes or businesses.
The Second Amendment has been perverted by the Supreme Court. No one would argue one person can’t own, say, a nuclear weapon. A Howitzer. An M60 Patton tank. It’s not “a right to keep and bear arms” that is sacred, bar none. We make lots of exceptions, as noted above.
Read 11 tweets
Jan 14, 2023
Dry January: I have friends in the service industry who barkeep and went sober during the height of the pandemic. Reassessed. I mean several former hard drinkers. Still tend bar, *stay* sober. I can’t imagine. Those who take 30 days and then go back to it aren’t made the same.
A bartender who goes stone cold sober gives one hope about the breadth of willpower, self-actualization. I see these kids bragging about not drinking for a month in front of these bartenders, ordering club soda. Not tipping. I know on whose side I side. Ain’t them.
Dry January is — like St. Patrick’s Day and New Years’ Eve — for amateurs. A small confession does not a saint make. Moderation demands two hands on the reigns. A brief abstinence means not going near the barn for a bit. Dry January is for suckers and leads to Wet February.
Read 4 tweets

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