Judging the Judge: What Antonin Scalia’s Death Means to the People I Love

antonin-scalia-26

I am not sad Antonin Scalia is dead.

Wow! It feels so good to say that out loud!

Come on. Admit it. You probably feel the same way.

I know. I know. Everywhere you turn, people are going out of their way to talk about the ramifications of the 79-year-old Supreme Court Justice’s death without passing judgement on him.

“Let’s keep it classy,” they say.

Oh. Stop it.

In his 30 years on the bench, Scalia hurt an awful lot of people. And I mean real, live people – not ideological constructs, not hypotheticals – but moms, dads, husbands, wives, daughters, and sons.

The aggregate amount of misery in the world was drastically increased by his being in it. And now that he’s gone, much of that misery may be relieved.

So please curb any shock you may feel at my thesis. And spare me the false praise of a truly reprehensible human being.

He was against women controlling their own bodies, efforts to desegregate our schools, an individual’s right to love whomever they choose, refraining from executing mentally disabled or teenage prisoners. Heck! He was even against police reading suspects their Miranda Rights!

This was a person who said black people should go to “slower” colleges, homosexuality was the same as murder or bestiality, sex discrimination is constitutional, and maybe we have a right to all carry around rocket launchers in public.

If it is outrageous to feel relief at the death of this man, you may call me outrageous.

I’m not usually the kind of person who celebrates someone else’s death. Not even a famous person.

But you have to admit that the people we love are a lot better off without Scalia in the world.

It’s not like he kept all this to himself. He wasn’t some lone drunkard in the back of the bar mumbling sexist, racist views. He wasn’t your ancient uncle who you only see twice a year making people uncomfortable at the dinner table. He was a judge in the highest court in the land, and his demented and warped world view drove public policy impacting… well… everyone.

He was the deciding vote in several 5-4 decisions that – if they had gone differently – would have greatly benefited every person in this country.

You can thank him for the Presidency of George W. Bush and Citizens United. Let that sink in for a moment.

Imagine all the horrific blunders of the Bush Presidency – easily the worst administration in my lifetime. If the Supreme Court hadn’t given the highest office in the land to Dubya, arguably we wouldn’t have had the Irag War, the Great Recession, No Child Left Behind, the slow response to Hurricane Katrina – maybe even 9-11.

And if you hate what our elections have become, imagine if we didn’t have the Citizens United verdict. Campaign donations would have to be made in public with some limits on how much individuals and corporations can contribute.

How much better the world would have been without these terrible decisions!

I’m not saying Scalia wasn’t a good man in his personal life. I have no idea what he was like to the people he loved. For all I know he may have been a good friend, a loving husband, father and grandfather. He probably had people he cared about and who cared about him. And to those people I send my condolences.

However, he did great harm to just about everyone else. And for that I feel nothing but relief at his death.

Who am I to bask in such schadenfreude?

I am a father and public school teacher.

I have a seven-year-old daughter and several classes full of mostly impoverished and minority students.

And Scalia’s death is good for everyone I care about.

If he were still alive, there was so much more damage he could have done. Take the Friedrichs case, an important one for teachers like me.

The case is an attempt to strip teachers unions of the right to charge members for their services. If the court rules in favor of Friedrichs, it would overturn decades of established law against free riders. People would be allowed to be in a union, enjoy higher salary and benefits negotiated by that union, but not pay dues. It would be absurd. Yet with Scalia still on the bench, most court watchers seem to think we would have had another terrible 5-4 decision.

However, with Scalia’s death, the best anti-union forces would probably receive is a 4-4 decision – not enough to overturn established law. True the case has already been heard by the justices, but a ruling has not yet been handed down. According to the Supreme Court blog, even if Scalia had already written a ruling on this matter, it would be void. Any rulings he wrote that have not yet been made public don’t count.

So the most likely outcome now is that millions of people will continue to be protected from unfair labor practices. And you expect me not to have a big ‘ol smile on my face!?

So where do we go from here?

President Barack Obama will select who is to succeed Scalia. Numerous excellent choices have been floated. If Obama chooses any one of them, he would probably tilt the court fractionally to the left.

Before the body was even cold, Republicans vowed to block any nominee Obama makes until the next President is sworn in. Some are trying out the talking point that Supreme Court Justices have never been sworn in during an election year. But if that were true, we wouldn’t have Justice Anthony Kennedy who was confirmed during the last year of Reagan’s presidency.

Funny. The U.S. Constitution clearly states that the President has the right to nominate Supreme Court Justices with the advice of Congress. Yet so many of these right leaning partisans who considered themselves Constitutionalists last week suddenly find themselves against that revered document today.

I wonder how Scalia would have argued such a situation.

Not really. He was the one who taught the rest of his party how to twist the words of the founding fathers to mean whatever the far right favors this week.

Obama still has more than 300 days in office. If Republicans try to block his nomination until a new face tops the Executive, it would be the longest such obstruction in a century. Of sitting justices, the longest confirmation period was for Clarence Thomas who took 106 days to be approved by Congress.

And that brings us to the 2016 Presidential race.

Scalia’s death is likely to have a huge impact on whom becomes our next President.

If Republicans block Obama’s Supreme Court nominee, it would probably increase voter turnout. Whenever that happens, it favors Democrats since they have more registered members than the GOP.

Either way, Scalia’s death is probably beneficial to whomever the Democratic nominee will be. If either Hillary Clinton or Bernie Sanders get the nomination, supporters of the defeated candidate are more likely to support the reigning Democrat.

Even if voters don’t like the winner’s policies as much as their preferred candidate, they’re likely to support the nominee in order to continue tipping the Supreme Court to the left. After all, three additional justices are 70 or older. Stephen Breyer is 77, Anthony Kennedy is 79, and Ruth Bader Ginsburg is 82.

We have had a long haul these last 15 years. Much social progress has been stalled.

But now that Scalia is out of the picture, the future looks bright.

Maybe things really will turn out alright. Maybe we’ll actually have a chance to build that better world we’ve all been dreaming about.

Rest in Peace, Scalia. The nation can’t wait to move on without you.

What Antonin Scalia’s Death Means to the People I Love

antonin-scalia-26

I’m not sad Antonin Scalia is dead.

Wow! It feels so good to say that aloud!

Come on. Admit it. You feel exactly the same way.

I know. I know. Everywhere you turn, people are going out of their way to talk about the ramifications of the 79-year-old Supreme Court Justice’s death without passing judgement on him.

“Let’s keep it classy,” they say.

Oh. Stop it.

In his 30 years on the bench, Scalia hurt an awful lot of people. And I mean real, live people – not ideological constructs, not hypotheticals – but moms, dads, husbands, wives, daughters, and sons.

The aggregate amount of misery in the world was drastically increased by his being in it. And now that he’s gone, much of that misery may be relieved.

So spare me any shock at my thesis. Spare me the false praise of a truly reprehensible human being.

He was against women controlling their own bodies, efforts to desegregate our schools, an individual’s right to love whomever they choose, refraining from executing mentally disabled or teenage prisoners. Heck! He was even against police reading suspects their Miranda Rights!

This was a person who said black people should go to “slower” colleges, homosexuality was the same as murder or bestiality, sex discrimination is constitutional, and maybe we have a right to all carry around rocket launchers in public.

If it is outrageous to feel relief at the death of this man, you may call me outrageous.

I’m not usually the kind of person who celebrates someone else’s death. Not even a famous person.

But you have to admit that the people we love are a lot better off without Scalia in the world.

It’s not like he kept all this to himself. He wasn’t some lone drunkard in the back of the bar mumbling sexist, racist views. He wasn’t your ancient uncle who you only see twice a year making people uncomfortable at the dinner table. He was a judge in the highest court in the land, and his demented and warped world view drove public policy impacting… well… everyone.

He was the deciding vote in several 5-4 decisions that – if they had gone differently – would have greatly benefited every person in this country.

You can thank him for the Presidency of George W. Bush and Citizens United. Let that sink in for a moment.

Imagine all the horrific blunders of the Bush Presidency – easily the worst administration in my lifetime. If the Supreme Court hadn’t given the highest office in the land to Dubya, arguably we wouldn’t have had the Iraq War, the Great Recession, No Child Left Behind, the slow response to Hurricane Katrina – maybe even 9-11.

And if you hate what our elections have become, imagine if we didn’t have the Citizens United verdict. Campaign donations would have to be made in public with some limits on how much individuals and corporations can contribute.

How much better the world would have been without these terrible decisions!

I’m not saying Scalia wasn’t a good man in his personal life. I have no idea what he was like to the people he loved. For all I know he may have been a good friend, a loving husband, father and grandfather. He probably had people he cared about and who cared about him. And to those people I send my condolences.

However, he royally screwed just about everyone else. And for that I feel nothing but relief at his death. If only it had come sooner.

Who am I to bask in such schadenfreude?

I am a father and public school teacher.

I have a seven-year-old daughter and several classes full of mostly impoverished and minority students.

And Scalia’s death is good for everyone I care about.

If he were still alive, there was so much more damage he could have done. Take the Friedrichs case, an important one for teachers like me.

The case is an attempt to strip teachers unions of the right to charge members for their services. If the court rules in favor of Friedrichs, it would overturn decades of established law against free riders. People would be allowed to be in a union, enjoy higher salary and benefits negotiated by that union, but not pay dues. It would be absurd. Yet with Scalia still on the bench, most court watchers seem to think we would have had another terrible 5-4 decision.

However, with Scalia’s death, the best anti-union forces would probably receive is a 4-4 decision – not enough to overturn established law. True the case has already been heard by the justices, but a ruling has not yet been handed down. According to the Supreme Court blog, even if Scalia had already written a ruling on this matter, it would be void. Any rulings he wrote that have not yet been made public don’t count.

So the most likely outcome now is that millions of people will continue to be protected from unfair labor practices. And you expect me not to have a big ‘ol smile on my face!?

So where do we go from here?

President Barack Obama will select who is to succeed Scalia. Numerous excellent choices have been floated. If Obama chooses any one of them, he would probably tilt the court fractionally to the left.

Before the body was even cold, Republicans vowed to block any nominee Obama makes until the next President is sworn in. Some are trying out the talking point that Supreme Court Justices have never been sworn in during an election year. But if that were true, we wouldn’t have Justice Anthony Kennedy who was confirmed during the last year of Reagan’s presidency.

Funny. The U.S. Constitution clearly states that the President has the right to nominate Supreme Court Justices with the advice of Congress. Yet so many of these right leaning partisans who considered themselves Constitutionalists last week suddenly find themselves against that revered document today.

I wonder how Scalia would have argued such a situation.

Not really. He was the one who taught the rest of his party how to twist the words of the founding fathers to mean whatever the far right favors this week.

Obama still has more than 300 days in office. If Republicans try to block his nomination until a new face tops the Executive, it would be the longest such obstruction in a century. Of sitting justices, the longest confirmation period was for Clarence Thomas who took 106 days to be approved by Congress.

And that brings us to the 2016 Presidential race.

Scalia’s death is likely to have a huge impact on whom becomes our next President.

If Republicans block Obama’s Supreme Court nominee, it would probably increase voter turnout. Whenever that happens, it favors Democrats since they have more registered members than the GOP.

Either way, Scalia’s death is probably beneficial to whomever the Democratic nominee will be. If either Hillary Clinton or Bernie Sanders get the nomination, supporters of the defeated candidate are more likely to support the reigning Democrat.

Even if voters don’t like the winner’s policies as much as their preferred candidate, they’re likely to support the nominee in order to continue tipping the Supreme Court to the left. After all, three additional justices are 70 or older. Stephen Breyer is 77, Anthony Kennedy is 79, and Ruth Bader Ginsburg is 82.

We have had a long haul these last 15 years. Much social progress has been stalled.

But now that Scalia is out of the picture, the future looks bright.

Maybe things really will turn out alright. Maybe we’ll actually have a chance to build that better world we’ve all been dreaming about.

Rest in Peace, Scalia. The nation can’t wait to move on without you.

The Credibility Gap Between Bernie Sanders and Hillary Clinton

bernie-sanders-y-hillary-clinton

I Believe Bernie Sanders. I Don’t Believe Hillary Clinton.

Really. It’s that simple.

These two candidates vying for the Democratic nomination for the Presidency both have things going for them. But at the end of the day one of them is much more credible than the other.

They’re both career politicians.

Sanders has been a Vermont Senator for nine years, a U.S. Representative for 16 years, and Mayor of Burlington for eight years.

Clinton was Secretary of State for four years, a New York Senator for eight years, and – most famously – First Lady of the United States for eight years and of Arkansas for 11 years.

But when they speak, only Sanders seems genuine.

I know that’s a personal value judgement. Maybe it doesn’t hit you the same way.

I just don’t know how it could hit you differently.

For instance, both candidates say they’re going to keep the banking industry in check and stop the risky practices that crashed the economy under President George W. Bush. However, that same industry is Clinton’s main financial supporter while Sanders has almost nothing to do with them.

Look at the facts.

Clinton admittedly accepts a massive amount of donations from Wall Street – $824,000 from Citigroup, $760,000 from Goldman Sachs, $696,000 from JP Morgan Chase, $636,000 from Morgan Stanley and the list goes on and on. More than 760 of Clinton’s over all donors list their occupation as CEO or another form of chief executive, according to CNBC.

Meanwhile, Sanders has accepted almost nothing from Wall Street, doesn’t have a super PAC and still raises nearly as much money in donations as Clinton. Small individual contributions make up 70% of his campaign cash. His biggest contributors are from retirees, unions and progressive political organizations – $105,000 from Machinists/Aerospace Workers Union, $93,000 from the Teamsters union, $89,000 from the National Education Association.

So when Sanders says he’s going to break up the big banks and regulate Wall Street, I believe him. Apparently, they do, too, since they aren’t giving him any money.

But when Clinton says she’s going to hold Wall Street accountable, too, it’s just laughable. Why else would they be giving her all this money? Are they paying her to get tough on THEMSELVES!? As Sanders supporter Dr. Cornell West puts it, “I was born at night but not last night.”

The same thing goes for healthcare.

Both candidates say they want to reform the system to make it more affordable and fair. However, Sanders supports a single payer Medicare for all system, while Clinton supports tweaking the existing Obamacare system.

Two decades ago, Clinton agreed with Sanders. Now she receives $13.2 million in donations from the medical and insurance industry – $11.2 million when she was a Senator and $2 million since she began her presidential campaign. From 2013-2015 she received more than $2.8 million in speaking fees alone from the industry.
It’s funny how all that cash coincided with a change in her healthcare policy. She just said recently that single payer will “never, ever” happen.

By contrast, Sanders doesn’t receive sizable donations from the industry at all. Though he voted for Obamacare, he made it clear he thought it was a first step toward the better system he still supports.

So I suppose both are credible in this regard, but Sanders seems to be holding his position more because of conviction than monetary gain. Moreover, how much tweaking of the current system would Clinton really support while still in the pay of the healthcare industry?

However, it’s not all about campaign contributions.

Sanders positions have been fairly rock solid throughout his long career. Clinton’s have changed.

Look at mass incarceration – a huge problem in the United States. We have more than 2 million people incarcerated, many for low level infractions, boosting a for-profit prison industry. By contrast, China – with four times our population – only locks up 1.6 million of its citizens. The US has only 4 percent of the world population but locks away nearly a quarter of the world prison population. Thirty Seven states have higher incarceration rates than most nations, large or small.

When she was First Lady, Clinton supported her husband’s tough on crime legislation. “We need more prisons,” she said in 1994, “to keep violent offenders for as long as it takes to keep them off the streets.” Now that the devastating results of that policy have become clear, Clinton has changed her tune. “We must end the era of mass incarceration,” she said in October of 2015.

That’s quite a switch, and its fairly new. The last time she ran for president, she criticized her rival Barack Obama for being soft on crime and not committing to opening more prisons. Now on the campaign trail she tries to convince us she hates mass incarceration MORE than Obama. In 8 years, she went from a prison booster and belittling Obama for not loving prisons to a prison skeptic.

Did she just evolve on this issue? Has she finally come around to seeing things the right way? Or is she pandering to what she thinks voters want to hear?

Sanders, on the other hand, has been against mass incarceration for most of his career. He’s been speaking about the dangers of ballooning prison populations for more than a decade. As far back as 1994, he said, “Mr. Speaker, all the jails in the world, and we already imprison more people per capita than any other country, and all the executions in the world, will not make that situation right. We can create meaningful jobs, rebuilding our society, or we can build more jails.” Compare that with his statement from July of 2015: “The result of kids not being in school and kids not having jobs is that tragically, today, we in this country have more people in jail than any other country on Earth.”

This issue has become a popular rallying cry recently receiving support from people across the political spectrum. But Sanders was championing it when no one else was paying attention. Clinton has suddenly seen the light.

But it’s not even just past policy decisions.

Clinton is guarded and only seems to make statements that will get her political points. Sanders says things that are sure to loose him votes but that he apparently believes.

For instance, he recently came out in favor of the federal government being largely responsible for public school funding. As a nation, we have drastic monetary and resource inequalities in our nations schools, but no one else is talking about ways to fix it. The trend has been to cut funding. Yet Sanders is willing to put forward a common sense solution the rest of the world has proven works. It’s not bound to get him many votes, though, even from some education advocates afraid of recent federal overreaches in school policy.

Another example is religion. No presidential candidate in recent memory – perhaps ever – has openly admitted to being irreligious. Both Democrats and Republicans usually fall all over themselves to prove how pious they are in their everyday lives. Clinton, for instance, responded during this election cycle that her favorite book is the Bible. Conversely, Sanders admitted he is not a part of any organized religion, though he considers himself Jewish.

That might not get him many votes. But it is refreshingly honest. There is no reason to say something like that unless it were true.

Moreover, Sanders seems like more of genuine person than Clinton. In 1987 when he was Mayor of Burlington, Sanders recorded a folk album. Yes, folk music! It’s called “We Shall Overcome.” The late night shows have been playing it and getting laughs at his expense, but when they bring it up to Sanders, he just laughs and admits that he wasn’t much of a singer.

Can you imagine anything like that from Clinton? Sure, Bill played the saxophone, but Hillary? There is nothing so personal that has leaked to the public. Moreover, the folk song lyrics that Sanders sings are in-line with his political ideology.

Heck! The very fact that Hillary is famous for getting a $600 haircut while Sanders often lets his grey locks fly whichever way they want! It seems like Clinton is trying too hard to convince us, while Sanders is kind of like – here I am, this is me, what you see is what you get.

Ultimately questions of credibility are very personal. People will feel differently. However, looking at the facts, I find it impossible to believe Clinton’s rhetoric and impossible not to believe a good deal of Sanders’. We’ll see how voters feel as the primary elections begin today.

Do Democrats Give a Crap About Public Schools? John King as Next US Secretary of Education

John King, Arne Duncan

Meet the New Boss.

Same as the Old Boss.

Arne Duncan is out. John King is in.

It’s the kind of tone deaf decision we’ve come to expect from President Barack Obama on education matters.

We’ve put up with 7 years of Duncan’s buffoonery as U.S. Secretary of Education: A man with no practical knowledge of the field. A corporate functionary. A drone. A mouthpiece for all the worst ideas of the 1% to sabotage public schools and replace them with charters.

And who does Obama replace him with!? Former New York State Chancellor King!? A man who was almost run out of his state on a rail!? A man with – admittedly – more experience than Duncan but all of the worst kind.

King resigned his NY position in the throes of terrible publicity for his and NY Board of Regents’ foolish approval of an obviously fraudulent charter school run by an obviously fraudulent con man. He ignored and dismissed parents at education forums, refused to fix an education system that he, himself, destroyed and was met with the largest opt out movement in the country. Oh. And that education experience I spoke of – he spent three years teaching in a “no excuses” charter school with a high suspension rate.

And now King’s the top policymaker in the nation for public schools.

It’s hard to imagine a worse choice. The Koch Brothers? Donald Trump? An inanimate carbon rod!?

Lest we forget, this is a decision made by Democrats – the supposed saviors of education.

Progressives have been howling against Obama’s test-and-punish education policies since early in his first term. And now when this liberal lion has an opportunity to show what he’s learned, to demonstrate that he’s taking our concerns seriously, his response is a middle finger salute.

It’s revealing politically.

The Presidential Primaries are only a handful of months away. If the Democrats really wanted to court educators, the party would have put pressure on Obama to make a pick teachers might actually be able to stomach. After all, whoever the President picks will only have a year in office – not long enough to make any major changes one way or another. But at least the Democrats could make a show of listening to an important voting block.

Instead the Democrats have demonstrated their true colors. They don’t care about schools, teachers, parents or students. They figure we have no where else to turn. We’re a gimme. They don’t have to concede anything. We’ll vote for whoever the Democratic nominee is.

I am only one man. I belong to a lot of education groups, but I am speaking only for myself here when I say this: MY VOTE IS NOT A SURE THING.

I will not vote for just any Democrat over any Republican. No, I don’t see any of the GOP candidates as being good for education. But most of the Democrats are the same or almost the same.

If the Democrats don’t give me a candidate I can believe in, I will not vote Democrat. I will vote third party. Heck! I’ll write in “John Dewey” before I’ll vote for a faux progressive Democrat like Obama.

I know what some people will say. This is a wasted vote. We have to keep a seat at the table. We need someone who maybe someday might possibly do something just a little bit helpful.

And that’s exactly why we’re in the predicament we are now. We can’t keep voting for the lesser of two evils, because at the end of the day, we’re still voting for evil.

I am so sick of politicians who smile to my face and stab me in the back. If I’m going to vote, it will be for someone I believe in, and if a Republican bent on destroying public education wins, at least he’ll have the decency to be honest about it.


NOTE: This article also was published in the LA Progressive.