Which is the More Plausible Apocalypse?
posted by Frank Pasquale
According to James Dobson’s Focus on the Family, things are gonna be pretty bleak if Obama wins. As one blogger summarizes, FoF worries/predicts that by 2012, under Obama:
A single-payer national health care system has banned hospital admissions for anyone over 80.
The FCC nullifies all restrictions on obscene speech or visual portrayals on TV, and it’s now a 24-hour non-stop diet of explicit porn.
Churches are declared “public accommodations” and forced to offer marriage ceremonies for homosexual couples.
It’s a wonder Dobson didn’t just subcontract out this work to Tim LaHaye of Left Behind fame–but then again, even LaHaye’s been going “off message.” Of course, Dobson’s letter looks downright public-spirited compared to other tactics of the right, such as faked attacks and depictions of Obama as an avatar of Islamofascism.
Jeffrey Rosen raises the possibility of a different electoral apocalypse that may be a tad bit more plausible than Dobson’s eschatology:
An Obama victory would maintain the current balance of the Court, while a McCain Court could create a solid conservative majority. . . .Before the crash of 2008, the previous two most serious depressions in U.S. history–in the late nineteenth and early twentieth centuries–triggered populist economic regulations by Congress and the states to protect citizens from the excesses of industrial capitalism. In both eras, conservative Supreme Court majorities struck down those regulations–from minimum-wage laws to parts of the New Deal–as an affront to property rights and limits on federal power. This triggered a political backlash from Americans convinced that the decisions were bad for the country. The greatest danger posed by a McCain Court is that it might revive those now-discredited ideas.
Broadly, many conservatives want to second-guess the states when they pass progressive regulations–involving affirmative action, economic redevelopment, and gun control–while deferring to the states when they pass regulations favored by social conservatives. . . . This year, liberals are in a perilous situation, where a conservative president could create a conservative Supreme Court majority for decades to come.
Where is the “Dobson letter” for liberals this year? I’d love to see a comparison of whatever fundraising letters are sent out by the ACLU and similar groups to Nostradobsonus’s libertine dystopia.
October 27, 2008 at 7:19 pm
Posted in: Culture, Supreme Court
Print This Post
Responses (8)
pubaccom - October 28, 2008 at 1:26 am
You mean churches aren’t already public accommodations? oh yes, I forgot, they be private affairs dontcha know. it’s fine for the government to prefer “religious uses” to “nonreligious uses” when considering zoning applications and the like, and it’s just fine for the religious user to spend millions spreading hateful political propogander in name of “family values,” and it’d be awful if they had to pay real estate taxes for the property. how very public spirited of them. no reason why they orter accommodate anyone but the already converted. it shua would be dreadful if any of this freedom – all of it absolutely vital to their flourishing – were eroded.
I find Rosen’s suggestion fascinating.
Frank - October 28, 2008 at 8:50 am
For “the apocalypse has already arrived” meme, check this out:
http://harpers.org/archive/2008/10/hbc-90003761
Quidpro - October 28, 2008 at 8:06 pm
The “apocaplypse” that Professor Pasquale finds more plausible is that a reinvigorated conservative majority on the Supreme Court will “second guess” state court laws “involving affirmative action, economic redevelopment and gun control”. In at least two of the cases, such second guessing would appear to be mandated by the express language of the Constitution. One would hope that justices of all political persuasions would, consistent with their oath of office, strike down state laws that discriminate on the basis of race or violate individuals’ second amendment rights.
It is not a question of whether states pass laws favored by any specific political constituency. Rather it is whether the laws that are passed violate specific constitutional protections.
proquo - October 28, 2008 at 9:29 pm
“would appear to be mandated by the express language.” yes by golly, there sure ain’t no possible of hint of any ambiguosity in the words of the framers their very selves ’bout that! only imaginationable source of uncertainty I can thinkup gotta be those fifty-cent-word law professors always wanting to complexify what was so very clear to begin with.
Quidpro - October 28, 2008 at 9:47 pm
Proquo: Thank you for the intelligent rejoinder. Please send me more of your witty and incisive thoughts.
which apocalypse will the voters select - October 29, 2008 at 6:07 pm
Where is the “Dobson letter” for liberals this year? I’d love to see a comparison of whatever fundraising letters are sent out by the ACLU and similar groups to Nostradobsonus’s libertine dystopia.
I think the “Dobson letter” shows up in one out of every 5 posts on kos.
The template for the liberal Dobson letter on judges is Ted Kennedy’s speech about Robert Bork’s America of segregated lunch counters and back-alley abortions. Some variation on that has been trotted out frequently during the past 8 years. If John McCain’s elected, he’ll appoint judges who will “roll back the clock” to some time when no one had any rights and he’ll send our military into every country in the world that isn’t populated by white people. That’s probably what the letter says.
Don’t lie. It’s sitting in your in box and you’ve already forwarded it to your friends.
parse - October 29, 2008 at 10:18 pm
dammit why don’t my libral pals send me this stuff? as a card carrying member of the ACLU I sure would’ve hoped to have learned about it from from my confreres instead of having to find out on a blogpost by w.a.w.t.e.v.l.
DOUGLAS FIELD - November 2, 2008 at 12:47 am
TROY DAVIS, PLEASE REMEMBER THAT AMERICA IS NOT THE OLD SOUTH ~ AFRICA !!!
****A $TATE ECONOMIC BOYCOTT OF GEORGIA INTERNATIONALLY WILL OBVIOU$LY BE THE END RE$ULT OF GEORGIA DECIDING TO MURDER A PO$$IBLE INNOCENT TROY DAVI$ WITHOUT A NEW AND FAIR TRIAL ?
****US CONGRESSIONAL MEMBERS WHO ARE ALSO LAWYERS BY TRADE, CONTINUE TO DENY poorer AMERICAN’S PROPER LEGAL REPRESENTATION !!!
****THE INTERNATIONAL COMMUNITY NEEDS TO BEGIN A FORMAL INVESTIGATION INTO THESE US CONGRESSIONAL CRIMES AGAINST HUMANITY, AND HUMAN RIGHTS VIOLATIONS BEING INFLICTED ON poorer AMERICAN’S LIKE MR.TROY DAVIS OF GEORGIA !!!
****HAVING BEEN DENIED APPEAL LAWYERS FOR THREE YEARS ON DEATH ROW IN GEORGIA MR. TROY DAVIS IS NOW BEING EXECUTED FOR A CRIME HE MIGHT NOT HAVE EVEN BEEN INVOLVED WITH !!!
****SENATOR OBAMA PLEASE LET THIS COUNTRIES VOTERS KNOW YOUR FEELINGS AND THOUGHTS ABOUT A NEEDED FUTURE REPAIR AND RENOVATION OF OUR BROKEN JUDICIAL SYSTEM THAT CONTINUES TO ALLOW THE EXECUTION’S OF EVEN POSSIBLE INNOCENT AMERICAN’S LIKE TROY DAVIS OF GEORGIA ?????
****BEING THE WEALTHIEST COUNTRY IN THE WORLD SENATOR OBAMA, DON’T WE NEED AS THE LEADERS OF THE FREE WORLD TO BEGIN ONCE AGAIN TO RE-INVEST THE PROPER MONIE$ IN OUR OWN US JUDICIAL SYSTEM, ASSURING ALL OF OUR CITIZENS THEIR RIGHTS TO FAIR TRIALS WITH PROPER LEGAL REPRESENTATION ???
****DOES GOD NEED TO LOBBY OUR US CONGRESSIONAL LEADERS OF THE FREE WORLD ON BEHALF OF OUR poorer american’s SENATOR OBAMA,OR ARE YOU WATCHING OUT FOR THEM ??
****OUR US CONGRESS CONTINUES TO DENY MIDDLE CLASS AND WORKING POOR AMERICANS PROPER LEGAL REPRESENTATION EVEN THOUGH WRONGFUL EXECUTIONS & FALSE INCARCERATIONS CONTINUE ALL ACROSS AMERICA ???
**** 700 BILLION $$$ AVAILABLE FOR US BAILOUT, & NO $$$ FOR ALL POORER AMERICANS PROPER LEGAL REPRESENTATION ? SENATOR OBAMA, THIS JUDICIAL INJUSTICE HAS BECOME AN AMERICAN ART FORM, AND NO LONGER CAN BE KEPT HIDDEN OR SECRET FROM THE AMERICAN PEOPLE EVEN IF CERTAIN (501c3) U$ RELIGIOU$ LEADER$ HAVE BEEN $ILENCED ??
****LETS ALL HOPE OUR MEDIA FRIENDS CONTINUE TO SHOW AN INTEREST IN REPORTING ON THIS AMERICAN HORROR FACING THESE (TENS OF THOUSANDS) FORGOTTEN AND TRAPPED POORER AMERICANS, AND HOW THIS PRESIDENTIAL CONTENDER HANDLES THIS VERY SERIOUS ISSUE FACING AMERICA’S LATINO AND BLACK AMERICAN COMMUNITIES ????
****WITH 80% OF THE BLACK AMERICAN VOTERS SAYING THEY SUPPORT SENATOR OBAMA IN THIS PRESIDENTIAL ELECTION, IT IS ONLY FAIR FOR EVERYONE TO KNOW PRIOR BEING ELECTED OUR NEXT PRESIDENT OF THE UNITED STATES HOW THIS DEMOCRATIC SENATOR TRULY FEELS ABOUT THIS AMERICAN JUDICIAL INJUSTICE CONTINUING TO INFLICT GRAVE HARM ON THE BLACK & LATINO AMERICAN FAMILIES AND THEIR COMMUNITIES NATIONWIDE ??????
**** WHEN GOD’S FACE BECAME VERY RED *** THE US SUPREME COURT GAVE ENEMY COMBATANTS FEDERAL APPEAL HC RIGHTS LAWYERS AND PROPER ACCESS TO US FEDERAL COURTS,AND POORER AMERICANS (MANY EVEN ON DEATH ROW) ARE DENIED PROPER FEDERAL APPEAL LEGAL REPRESENTATION TO OUR US FEDERAL COURTS OF APPEAL, AND ROTTING IN AMERICAN PRISONS NATIONWIDE ?????????
**** INNOCENT AMERICANS ARE DENIED REAL HC RIGHTS WITH THEIR FEDERAL APPEALS ! THE AMERICAN PEOPLE ARE $LOWLY FINDING OUT HOW EA$Y IT I$ FOR MIDDLE CLA$$ AND WORKING POOR AMERICAN$ TO FALL VICTIM TO OUR U$ MONETARY JUDICIAL $Y$TEM.
****WHEN THE US INNOCENT WERE ABANDONED BY THE GUILTY **** The prison experts have reported that there are 100,000 innocent Americans currently being falsely imprisoned along with the 2,300,000 total US prison population nationwide.
****WHERE ARE AMERICA’S RELIGIOUS LEADERS ??????? Since our US Congress has never afforded poor prison inmates federal appeal legal counsel for their federal retrials,they have effectively closed the doors on these tens of thousands of innocent citizens ever being capable of possibly exonerating themselves to regain their freedom through being granted new retrials.
****This same exact unjust situation was happening in our Southern States when poor and mostly uneducated Black Americans were being falsely imprisoned for endless decades without the needed educational skills to properly submit their own written federal trial appeals.
****This devious and deceptive judicial process of making our poor and innocent prison inmates formulate and write their own federal appeal legal cases for possible retrials on their state criminal cases,is still in effect today even though everyone in our US judicial system knows that without proper legal representation, these tens of thousands of innocent prison inmates will be denied their rightful opportunities of ever being granted new trials from our federal appeal judges!!
****Sadly, the true US *legal* Federal Appeal situation that occurs when any of our uneducated American prison inmates are forced to attempt to submit their own written Federal Appeals (from our prisons nationwide) without the assistance of proper legal counsel, is that they all are in reality being denied their legitimate rights for Habeas Corpus with our US FEDERAL COURTS and will win any future Supreme Court Case concerning this injustice!
****For our judicial system and our US Congressional Leaders Of The Free World to continue to pretend that this is a real and fair opportunity for our American Middle Class and Working Poor Citizens, only delays the very needed future change of Federal Financing of all these Federal appeals becoming a normal formula of Our American judicial system.
****It was not so very long ago that Public Defenders became a Reality in this country.Prior that legal reality taking place, their were also some who thought giving anyone charged with a crime a free lawyer was a waste of taxpayers $$.
****This FACADE and HORROR of our Federal Appeal proce$$ is not worthy of the Greatest Country In The World! ***GREAT SOCIETIES THAT DO NOT PROTECT EVEN THEIR INNOCENT, BECOME THE GUILTY !
****A MUST READ ABOUT AMERICAN INJUSTICE:
1) YAHOO 2) GOOGLE
(MANNY GONZALES THE KID THAT EVERYONE FORGOT IN THE CA PRISON SYSTEM.)
**** A JUDICIAL RIDE OF ONES LIFE !
****Someone please tell our US Congress that the GED degree that Manny Gonzales acquired in prison is not a LAW DEGREE !!!!!!
lawyersforpooramericans@yahoo.com (424-247-2013)
Leave a Reply