Mary
Elizabeth Taylor, remember that name, may be the most consequential
player in Judge Neil Gorsuch’s confirmation fight to become a
Justice on the U.S. Supreme Court. She is an attractive, young
African American woman who sits directly behind Judge Gorsuch, closer
than his wife, Louise, which allows her to be seen continuously when
he is on camera. During the hearing, Gorsuch frequently turned to
look at Ms. Taylor although he has known her for less than three
months. Sen. Charles Grassley, the U.S. Senate’s Judiciary
Committee Chairman, arranged for Ms. Taylor’s nonstop cameo
appearances in order to give Gorsuch the look of being racially
sensitive and diverse in his thinking and relationships.
She
is the administration’s “trump card” in that it was
hoped that her constant presence would humanize Gorsuch and distract
Democratic senators and the broader public from a careful assessment
of his destructive legal opinions: Hobby Lobby Stores v. Sebelius
in which he permitted the corporation to deny women access to
contraceptives under their health insurance plans and TransAm
Trucking v. Administrative Review Board where
he was the only dissenting judge among seven who ruled for the black
plaintiff, Alphonse Maddin, who was fired for refusing to stay in his
broken down truck in 27 degree sub-zero weather. His employer
refused to send help after he had waited three hours for assistance.
Gorsuch’s lone dissent was viewed as wrong and inhumane.
Justice
Clarence Thomas employed a similar strategy in 1991 when he accused
the Judiciary Committee of conducting a “high-tech lynching”
once allegations of sexual harassment by Atty. Anita Hill’s,
his former staffer, surfaced during his Supreme Court confirmation
review. In addition, Thomas had characterized his mother and sister
as welfare queens and made numerous disparaging comments about the
black community, in general, as he endeared himself to right-wing
conservatives. His explosive charge was very effective as it rallied
millions of black voters to support him, forcing several southern
Democratic and Republican Senators to vote for him to join the Court.
Black citizens, in a show of racial solidarity, disregarded Thomas’s
conservative judicial and public record, believing that he would
change once he joined the court with a lifetime appointment. He was
approved by a 52-48 vote, and they have been proven to be mistaken.
Mary
Elizabeth Taylor is serving the same purpose for Gorsuch. She is a
former attendant in the Senate cloakroom (whose duties included
alerting Senators to votes, working with Senate pages to send
messages, checking Senators’ belongings, and assorted other
low-level duties). Taylor was promoted to the nebulous title of
legislative liaison after President Trump took office in order to
increase the number of faces of color in his White House entourage.
She was then given the position, deputy director of nominations,
shortly after Trump chose Gorsuch for the Court, in order to add
diversity to his portfolio and make it appear that a minority was
involved in the selection process.
Taylor
was a former staffer to Sen. Mitch McConnell, and she also interned
at Koch Industries while an undergraduate. Thus, she had
demonstrated that she is worthy to carry out this “minority-front
role.” Ms. Taylor was prepped to “grin and smile”
throughout the inquiry, but just in case she inadvertently deviated
from her assigned nonverbal pose, Trump dispatched Michael McGinley,
a White House lawyer, to sit beside her to provide “poise
prompts” if needed. Ms. Taylor, a Bryn Mawr graduate with a
degree in political science—but no law degree--was a curious
choice, other than being African American, and supposedly shepherding
Gorsuch through the nomination procedure.
If he is successful,
Gorsuch will be the point person on undermining public education in
America. His aggressive rulings in favor of corporations and
religious freedom complement education secretary DeVos’s
long-term push for school vouchers and corporate charter schools and
her pursuit of “… education
reform as a way to “advance God’s kingdom” and
“… that school choice would
lead to greater kingdom gain.” She
viewed this as a way to remove schools from government
accountability. Gorsuch also believes in limiting the ability of
government to issue regulations for citizens and societal
institutions and on laws passed by Congress as repeatedly reflected
in his judicial rulings. His views parallel those of Secretary
DeVos, who has spent hundreds of millions of dollars to eliminate
state- and federal-guidelines for accountability in public education.
Moreover, a Gorsuch
decision from the 10th Circuit Federal Appeals Court that
public schools were only required to provide no “…more
than de minimis” services
to students with disabilities was
unanimously overruled by the U.S. Supreme Court on Wednesday, March
22nd. DeVos
echoed Gorsuch’s view on disabled students when she was grilled
for her appointment as education secretary.
Mary
Elizabeth Taylor will have been a major facilitator of Gorsuch’s
elevation to the highest court in the land if he gets the necessary
votes. Meanwhile, some Senate Democrats are quietly negotiating with
Republicans to support Gorsuch in exchange for a promise not to
overturn the filibuster. They naively believe that Republicans will
honor this agreement which they will not. Mitch McConnell has
already flipped one Democratic vote for Gorsuch, Sen. Joe Manchin
(D-WV), and he has several other tentative Democratic commitments
despite the Democratic Minority Leader, Sen. Chuck Schumer’s
(D-NY), public statement that he would lead a filibuster. The
Democratic base—unions, progressives, and minority voters—needs
to demand that Democrats hold the line or face political retribution,
a tactic used with great success by their Republican counterparts to
keep their troops in line.
Sen. Patty Murray
(D-WA) has developed a twenty-page document that provides a solid
rationale against school choice as the major threat to public
education. It is imperative that the Democrats embrace it and
vigorously oppose Gorsuch and force McConnell to resort to the
nuclear option in order to get him ratified for the Court. If he
does pursue this strategy, then Democrats should assemble their
followers and leave no stone unturned to take back the House and
Senate in 2018. This is their only choice if they are to survive as
a viable opposition party. Striking a Faustian bargain with
Republicans to back Gorsuch is political suicide. It will open the
Court to even more extreme appointments in the future, turning back
the clock on LGBT, voting, gender, and civil rights, and the
sustainability of public education.
|