After the week we just finished, it is hard to focus on anything other than the end of Roe: Dobbs v. Jackson Women’s Health Organization and Clarence Thomas setting his sights on gay sex ; Lawrence v Texas, same sex marriage ; Obergefell v. Hodges and contraception;Griswold v. Connecticut. Note that Clarence Thomas did not cite the other transformative Supreme Court decision based on the Fourteenth Amendment: Loving v. Virginia, ending the ban on interracial marriage.
Roe isn’t the end of all the bad 6 to 3 rulings this session. The Court ruled on Thursday that a New York law restricting the ability to carry a gun in public violated the Second Amendment in New York State Rifle & Pistol Association, Inc. v. Bruen. There was Shinn v. Ramirez, that inmates can only use evidence previously produced in state court proceedings and cannot present new evidence. This leaves inmates on death row unable to present new evidence, the center of the Innocence Project. And, Vega v. Tekoh, that a person cannot sue a police officer under federal civil rights law for violating their Fifth Amendment right against self-incrimination by failing to provide a Miranda warning.
We should note how generously John Eastman, former professor and Trump lawyer, pled the Fifth Amendment a total of 146 times when questioned in deposition. Jeffrey Clark, who appeared in White House logs on January 3, 2020 as acting Attorney General before Trump backed down, also pled the Fifth when under oath.
It is an ugly time. The seductive lure of authoritarianism and power rides high in the righteous right. And, on top of this mess is that the most corrupt president of all time brought us here, and he lost the popular vote twice. Even those who testified to Trump’s corruption and attempted theft of the presidency he lost said they would vote for Trump again should he run.
We should all recognize that this week was in the making for a very long time, decades. In fact, CWA, which I will get to later, organized in 1978. We are now in a country that is split into those who embrace authoritarianism, the power it brings, and the wish to impose their Christian interpretation on all of us, and those who still want to live in a democracy, a multicultural one at that where women have agency over their bodies, where there is separation of church and state, equity and equality exist and sexuality and exercise of gender is not tied to a past saturated in repression, oppression and imprisonment.
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