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I realize there is bigger news from the Supreme Court today, but since I wrote about them yesterday I'm not going to address Anthony Kennedy's retirement yet. Instead, I'd like to focus today on the latest round of primary election results, specifically from New York, Maryland, and Colorado. Because some big news was made within the Democratic Party last night.
Gerald R. Ford once famously pointed out that the practical definition of what constituted grounds for impeaching a president (since it is only vaguely defined in the Constitution itself) consisted of whatever a majority of the House of Representatives decided were valid grounds for impeachment (Ford, on the House floor, before he became Nixon's vice president: "The only honest answer is that an impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history"). Likewise, it almost appears self-evident that defining what is constitutional and what is not can be similarly reduced to whatever a majority of the Supreme Court decides is constitutional, at the present time. Dred Scott was constitutional -- right up until it wasn't -- because a Supreme Court had determined it was. It took a shift of opinion on the highest court to reverse this. Again, this should all be pretty obvious to even the most causal observer of American history. Which is why, in fact, the conservative movement has focused so intently on the judicial branch for the past three decades and more. This began at the height of the anti-abortion movement during Ronald Reagan's time in office, and it continues today on the right side of the spectrum. But for some unfathomable reason, liberals have never matched this level of political fervor about judicial appointments. But now the stakes are higher than ever.
President Trump probably thought that a decisive move from him would end all the fuss over his "zero tolerance" policy on immigration. He signed an executive order, therefore the problem would thus go away. But this isn't how things work in the real world, where the fallout is going to continue for the foreseeable future. There will be two major arenas where this is going to play out: in the courtroom, and on the political stage.
For a change, we're not going to have much to say in this introduction. The reason is that the talking points section is taken up by a lengthy rant this week, because it seemed timely to offer one up. It is a rare week of the Trump presidency where there is really only one overriding issue in the political world to comment on, but this was indeed that kind of week.
Fox News unwittingly (how else?) spoke a deep truth this week. Or perhaps a deep fantasy -- it's tough to tell, coming from Fox anchors. As President Trump descended the stairs from Air Force One in Singapore, Fox And Friends gushed: "This is history. Regardless of what happens in that meeting between the two dictators, what we are seeing right now -- this is history." Um... how many dictators was that, again? The host later tried to walk back her unintentional gaffe, but is it really all that far off the mark?
President Donald Trump and the media he loves to hate are both consumed today with interpreting the Justice Department Inspector General's report on how the F.B.I. handled the investigation into Hillary Clinton's emails during the 2016 presidential election. I am personally going to avoid this particular fray for now and let the report percolate a bit before commenting upon it, mostly because there is so much other breaking legal news surrounding Trump that I feel is far more relevant and interesting. Long story short, the I.G. report condemns James Comey's public handling of the investigation, and ironically slams Comey for using a private email account to conduct official government business -- the very thing Clinton was being investigated for. What the I.G. report does not do is change either the outcome or the conclusions of the investigation one bit -- in other words, Clinton is the one most vindicated by the report, not Trump. But again, everyone (and their brother) is already chiming in on this discussion, so I'm largely going to take a pass and just sit back and listen to the debate rage.
As usual, there was a whole lot of political news this week, as President Trump continues to flail his way around the world in multiple unhinged ways. But this week, our eye was caught by the story that the Trump Justice Department has announced it is now conspiring to hand Democrats the midterm elections. Maybe Trump should appoint a special prosecutor to look into or something?
I suppose, if one were more classically-minded, that slogan should be: "Year Of The Woman II." But whatever you call it, 2018 is shaping up to be even bigger for the fairer sex than 1992, the original Year Of The Woman in American politics. There are two reasons this is probably soon going to become conventional wisdom (if it already hasn't): impressive women candidates, and suburban and minority women as the key voting demographics.
Today, the Supreme Court punted. Or, to be more properly seasonal, they ruled that a runner didn't touch second base so they invalidated his home run. The case before them was Masterpiece Cakeshop versus Colorado Civil Rights Commission, a test case that dealt with the limits of the freedom of religion and the state's right to regulate commerce to assure equal treatment under the law for all. However, the ruling did not directly address that weighty constitutional issue, but rather ruled that the state behaved improperly in its decision-making process. They didn't rule on the decision itself, in other words, but rather how it was arrived at. This is the big reason why the ruling was not another 5-4 decision, but rather 7-2. If the high court had ruled on the actual question before them, no matter how they ruled it most probably would have been another close 5-4 split.
It was another rollicking week in the world of politics, which is admittedly not saying much in the era of Trump. It was revealed this week that the death toll on Puerto Rico from Hurricane Maria was not just higher than had been officially reported, but at least seventy times higher, and in fact was more than twice as high as the death toll from Hurricane Katrina. You'd think this would be a gigantic media story, but (sadly) you would be wrong. Just like everything else about the devastation, most certainly including the media's treatment of it, this bombshell report was largely ignored this week. No wonder Puerto Ricans feel like second-class citizens, when they keep getting second-class treatment like this.