Resistance: if not now, when?

CNN reported a few hours ago the following:

Senate Democrats are weighing whether to avoid an all-out war to block President Donald Trump’s upcoming Supreme Court pick, instead considering delaying that battle for a future nomination that could shift the ideological balance of the court, sources say.

Democrats privately discussed their tactics during a closed-door retreat in West Virginia last week. And a number of Democrats are trying to persuade liberal firebrands to essentially let Republicans confirm Trump’s pick after a vigorous confirmation process — since Trump is likely to name a conservative to replace the late conservative Justice Antonin Scalia.

After a full year of Republicans blocking any Supreme Court nominee, the Democratic minority is considering doing none of that, in order to preserve the filibuster for some fight down the line.

This is all deeply troubling whether you are moderate, liberal, or leftist. The idea that this is different because Scalia is a conservative justice is absurd, considering that Justices Breyer and Ginsburg are well over 75 at this point. Deciding to cement the 5-4 split for an indefinite amount of time (years? decades?) while mass protests are already far beyond small concessions certainly shows the side of the Democratic Party that explains their inability to defeat the most unelectable person in living memory last November.

It’s the underlying sentiment, though, that bothers me. Politician or protester, it is a dangerous assumption to think that there are further opportunities down the road. A few uncomfortable truths establishment liberals aren’t going to tell you, but are on the table:

  • Republicans control all of Congress, the Presidency, and a large majority of state legislatures and governorships.
State legislature party control, post-2016 elections (NCSL)
  • This includes almost all the key swing states that Clinton lost (Wisconsin, Michigan, Ohio, Pennsylvania, North Carolina, Florida). These states also had competitive Senate elections, which are also state-wide and have the same voting infrastructure as presidential elections.
  • It is clear that voter suppression was a huge factor in races at all levels in 2016, and states that wish to increase such efforts are not going to face Justice Department scrutiny anymore.
  • Thus, 2018 and especially 2020 could very well be, in the absence of strong resistance, basically unwinnable for anyone not right-wing- independent, Democratic, or otherwise.

The idea that everyone should wait out Trump’s first term, which was a big idea on Jan. 20, is pretty much dead by now. It’s clear that nobody really knows what the US political structure will be in Nov. 2020.

So we reach the familiar Hillel quote:

“If I am not for myself, who will be for me? But if I am only for myself, who am I? If not now, when?” Ethics of the Fathers, 1:14

The resistance has already begun. Don’t assume the future will be what you want or need it to be. Fascism of any type and degree has never respected democracy, and used it as a weapon to silence opposition. If you don’t like what’s being implemented now, stopping its enactment is a far better idea than waiting for some point down the line when it can all be repealed.

The #MuslimBan, broken promises, and the Great Default

Tonight, a lawsuit by the ACLU stayed the executive order that aims to ban immigrants and refugees from an arbitrary collection of nations for varying amounts of time, from a few months to indefinitely.

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From Bloomberg here

The ban was expected. That it was extended to green card holders (permanent residents) was surprising. Thus in addition to new refugees and family members on travel visas, you have this case at LAX:

One detained traveler was an Iranian woman who’d held a green card in the U.S. for five years and whose citizenship swearing-in ceremony is in two weeks, Cunnings said.

The woman has an 11-month old child with her who is an American citizen.

A CNN feature on the chaos surrounding the creation and implementation of the order includes this passage:

Friday night, DHS arrived at the legal interpretation that the executive order restrictions applying to seven countries — Iran, Iraq, Libya, Somalia, Syria, Sudan and Yemen — did not apply to people who with lawful permanent residence, generally referred to as green card holders.
The White House overruled that guidance overnight, according to officials familiar with the rollout. That order came from the President’s inner circle, led by Stephen Miller and Steve Bannon. Their decision held that, on a case by case basis, DHS could allow green card holders to enter the US.
Fundamentally, this order is a series of increasingly large promises being broken. People who followed the rules, did everything conservatives have asked immigrants to do, get nothing for their sacrifice. Translators for the US military who risked their lives in exchange for residency, nothing. Religious and ethnic minorities fleeing the Syrian civil war and ISIS, nothing. And people who were promised permanent residency, nothing. America has always been a land of broken promises, but for 2017 this is particularly sharp sting.
This is the beginning of what I’m calling The Great Default, where any prior promises and commitments made before Jan 20, 2017 should be considered conditional and uncertain. Climate agreements, trade agreements, foreign alliances, ethics rules, civil liberties, religious freedom. It’s a fire sale. The immigration ban is telling every other country that the US is willing to do things without consulting its own government, let alone yours. For those that say the system will ameliorate Trump and make a trade war with China impossible, well, what about now? Bannon and Miller overruled the part of the government that actually has to implement policy. They don’t want to learn, they want to extend their will. Bannon has been given a major national security position, letting those who said “it’s just an advisory position!” know that yes, that too is conditional.
There is no honeymoon period. Get the sandbags, close the storm windows. Nothing is sacred.