Neil
Gorsuch has been confirmed for the U.S. Supreme Court after the
Senate Majority Leader, Mitch McConnell, invoked the nuclear option,
getting the Republican-controlled Senate to eliminate the filibuster
(which previously required a Supreme Court Justice to have 60 votes
in order to be voted on for confirmation, reducing it to a 51 vote
simple majority). Justice Gorsuch received 54 votes, the fewest for
a confirmed Justice since Justice Clarence Thomas received 52 in
1991. Now there are two highly aggrieved, Republican-appointed,
archconservative members of the Court who feel they were unfairly
demonized during their Senate Judiciary Committee hearings. Their
anger will likely be expressed in upcoming decisions that “clap
back” at the Democrats and their base on the progressive left.
After
Justice Thomas’s confirmation, he told his critics that he
would be on the Court for forty years, indicating time for
retribution (he is now in his twenty-sixth year). Gorsuch, whose
legal ideology is further right than either Thomas or the late
Justice Antonin Scalia (one of his legal mentors and whom he
replaced), is much more dangerous. But his interpersonal skills and
pleasant demeanor belie his draconian legal decision making. Gorsuch
will also possibly have a forty-year run on the Court. Both he and
Thomas view themselves as constitutional originalists who strive to
interpret the constitution as they believe the nation’s
founders intended it to be. They will now anchor the five member
Republican majority, fervently affirming conservative views and
leading repeals of what many had considered settled laws.
However,
Justice Gorsuch, while celebrating his victory, was remiss in
omitting Mary Elizabeth Taylor, the young African American Trump
staffer, during his public acknowledgements of those who had helped
him ascend to the highest Court in the land. Her continuous
on-camera presence during his testimony before the Judiciary
Committee (she sat diagonally behind his left shoulder) was central
to his being perceived by the nation as having a relationship with
minorities. Gorsuch frequently turned to look and smile at Ms.
Taylor which was more often than he turned to look at his wife,
Louise, who played a secondary on-camera role during that period.
The question now is whether Ms. Taylor’s will be rewarded with
a promotion in the Trump administration. It is time for her to be
paid, like the white participants in this scenario.
The
other contributors are getting something. For example, former Sen.
Kelly Ayotte, who escorted Gorsuch through the confirmation process,
will receive contracts from the Trump administration and the
Republican Party; Louise Gorsuch is now the wife of the youngest
Justice; President Trump received his first political victory after
more than seventy disastrous days of his presidency; and Atty.
Leonard Leo, executive vice president of the Federalist Society, the
conservative pipeline for recent Supreme Court Justices, who prepared
Trump’s list of Supreme Court candidates from which Gorsuch was
selected, is being hailed as the Supreme Court whisperer. He was
largely responsible for the appointments of Chief Justice John
Roberts, Justice Samuel Alito, and now Justice Gorsuch—three of
the five Justices in the conservative Republican majority. He is
building a Supreme Court majority in his own right-wing image.
Among the first cases
out of the gate will be a religious liberty appeal from Missouri,
challenging the state’s right to bar a
church from a state program that gives nonprofits funding to
resurface their playgrounds under a state constitutional provision.
It will be followed by a religious
freedom case out of Colorado which would allow a business to deny
wedding services to same-sex couples. These are decisions that
Gorsuch addressed in part while he was a judge on the 10th Circuit Appeals Court in Hobby Lobby Stores v. Sebelius
which allowed the corporation to deny women the right to
contraceptive services in its insurance plan under the color of
religion. Conservatives are hyped up, believing they have a clearer
path to overturning Roe v. Wade, making abortion illegal
again.
The
1984 Chevron deference, Chevron
U.S.A., Inc. v. Natural Resources Defense Council, Inc.,
one of the Supreme Court’s most important principles in
administrative law which defers to federal agencies to interpret
statutes, is also on the chopping block. It is a target of the
American Legislative Exchange Council (ALEC) which has pursued this
provision for a decade. This is part of ALEC’s desire to
marginalize government as it continues pushing to reduce its
authority. With the Trump administration’s support, the
corporate Cartel endeavors to turn our democracy into a corptocracy.
The
Republicans continuing attack on K-12 public school teachers will
also be stepped up after the 1977 Abood v. Detroit
Board of Education ruling, which mandated
agency fee payments by teachers who were not members of the union
that represented them in collective bargaining, is overturned. The
Abood judgment,
which has stood for forty years, was unanimously approved across
philosophical judicial lines. But in the Court’s 2016 term, it
was one vote short of being reversed, losing in a tie decision after
Justice Scalia’s death. Gorsuch, an ardent proponent of
removing governmental intervention in the public and corporate
spheres, is anxious to implement the tenets of Citizens
United whose goal is to privatize America.
The funders behind that Supreme Court decree spent tens of millions
of dollars on TV ads to rally votes for his Senate approval. Justice
Gorsuch will be Justice Thomas’s and Secretary DeVos’s
wingman in expanding school choice and removing and/or reducing
government regulations and protections for students, especially those
with disabilities and other special needs.
Therefore,
unions and Democrats have to plan a response to keep from becoming
non-entities in education and political decision making at the local,
state, and national levels. Teachers and their union leaders must
dig in and organize business, civic, and religious leaders and rank
and file citizens as if their profession and livelihoods depend on it
because they do. As noted before, they have to make the case for the
necessity of public education in a democracy.
In
addition, educators must keep up the pressure on Democrats who are
prone to cut deals with corporate education reformers that was
epitomized by the Obama Administration. All the Democrats and their
long-term allies need to get on the same political and advocacy page
and organize to take back the Senate and the House in the 2018
mid-terms. It is time to do or die!
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