The Limits of Memory
-
by James Wallace Harris, 3/3/25 It annoys me more and more that I can’t
recall names and nouns. I don’t worry yet that it’s dementia because most
of my fri...
1 week ago
Well, all this is interesting to me, anyway, and that's what matters here. The Internet is a terrible thing for someone like me, who finds almost everything interesting.
It is increasingly difficult to find any unifying theory or rationale behind the Supreme Court's election and election financing decisions other than the goal of securing the electoral interests of the Republican party. That sounds harsh. But a simple process of elimination leaves little other conclusion. States rights, originalism, deference to legislatures, various constructions of democratic theory and a lot else are controlling except when they're not controlling. Most of the decisions line up with the conservative jurisprudence espoused by the Court's conservative semi-majority. Except when they don't. Cases are plucked out of the lower courts long before the high court has any obligation or need to intervene. The new case which will review the 'one person, one vote' rule which has been reining law for half a century would likely diminish the voting power of cities vs rural areas, minorities vs whites and Democrats vs Republicans, if decided on behalf of the plaintiffs. In other words, why not?
Since the day President Obama took office, he has failed to bring to justice anyone responsible for the torture of terrorism suspects — an official government program conceived and carried out in the years after the attacks of Sept. 11, 2001.
He did allow his Justice Department to investigate the C.I.A.'s destruction of videotapes of torture sessions and those who may have gone beyond the torture techniques authorized by President George W. Bush. But the investigation did not lead to any charges being filed, or even any accounting of why they were not filed.
Mr. Obama has said multiple times that “we need to look forward as opposed to looking backwards,” as though the two were incompatible. They are not. The nation cannot move forward in any meaningful way without coming to terms, legally and morally, with the abhorrent acts that were authorized, given a false patina of legality, and committed by American men and women from the highest levels of government on down.
Americans have known about many of these acts for years, but the 524-page executive summary of the Senate Intelligence Committee’s report erases any lingering doubt about their depravity and illegality: In addition to new revelations of sadistic tactics like “rectal feeding,” scores of detainees were waterboarded, hung by their wrists, confined in coffins, sleep-deprived, threatened with death or brutally beaten. In November 2002, one detainee who was chained to a concrete floor died of “suspected hypothermia.”
These are, simply, crimes. They are prohibited by federal law, which defines torture as the intentional infliction of “severe physical or mental pain or suffering.” They are also banned by the Convention Against Torture, the international treaty that the United States ratified in 1994 and that requires prosecution of any acts of torture.
So it is no wonder that today’s blinkered apologists are desperate to call these acts anything but torture, which they clearly were. As the report reveals, these claims fail for a simple reason: C.I.A. officials admitted at the time that what they intended to do was illegal.
In July 2002, C.I.A. lawyers told the Justice Department that the agency needed to use “more aggressive methods” of interrogation that would “otherwise be prohibited by the torture statute.” They asked the department to promise not to prosecute those who used these methods. When the department refused, they shopped around for the answer they wanted. They got it from the ideologically driven lawyers in the Office of Legal Counsel, who wrote memos fabricating a legal foundation for the methods. Government officials now rely on the memos as proof that they sought and received legal clearance for their actions. But the report changes the game: We now know that this reliance was not made in good faith.
The question everyone will want answered, of course, is: Who should be held accountable? That will depend on what an investigation finds, and as hard as it is to imagine Mr. Obama having the political courage to order a new investigation, it is harder to imagine a criminal probe of the actions of a former president.
But any credible investigation should include former Vice President Dick Cheney; Mr. Cheney’s chief of staff, David Addington; the former C.I.A. director George Tenet; and John Yoo and Jay Bybee, the Office of Legal Counsel lawyers who drafted what became known as the torture memos. There are many more names that could be considered, including Jose Rodriguez Jr., the C.I.A. official who ordered the destruction of the videotapes; the psychologists who devised the torture regimen; and the C.I.A. employees who carried out that regimen.
One would expect Republicans who have gone hoarse braying about Mr. Obama’s executive overreach to be the first to demand accountability, but with one notable exception, Senator John McCain, they have either fallen silent or actively defended the indefensible. They cannot even point to any results: Contrary to repeated claims by the C.I.A., the report concluded that “at no time” did any of these techniques yield intelligence that averted a terror attack. And at least 26 detainees were later determined to have been “wrongfully held.”
Starting a criminal investigation is not about payback; it is about ensuring that this never happens again and regaining the moral credibility to rebuke torture by other governments. Because of the Senate’s report, we now know the distance officials in the executive branch went to rationalize, and conceal, the crimes they wanted to commit. The question is whether the nation will stand by and allow the perpetrators of torture to have perpetual immunity for their actions.
A federal judge in Utah has ruled that a member of a fundamentalist offshoot of the Mormon faith may refuse to answer questions in a child labor investigation as a result of the Hobby Lobby ruling on birth control. ...
Erwin Chemerinsky, the Dean of UC-Irvine School of Law, said Sam's decision reveals the pitfalls of Hobby Lobby, calling it "stunning" and contrary to precedent for a judge to use RFRA to let a person get out of testifying.
"I think it is quite predictable that the court's decision in Hobby Lobby would open the door to such claims of an exemption from laws for religious reasons," he said. "I fear it is just the start of cases of people claiming religious exemptions from general laws."
Adam Winkler, a law professor at UCLA, said the ruling shows how "Hobby Lobby threatens to make religious believers a law unto themselves."
Earlier this year, the Supreme Court gave its blessing to local governments that want to open their public meetings with religious prayer.
It was a victory for the town board of Greece, N.Y., which stressed that it was fighting not just for Christian prayer but for the right of all people [to] express their views regardless of their faith. In a 5-4 ruling along ideological lines, the Court ruled against the Jewish and atheist plaintiffs, who argued that the practice violated the establishment clause of the First Amendment.
Less than four months later, the town of Greece has adopted an invocation policy that excludes non-religious citizens and potentially shuts out faiths that aren't well-established in the town, according to a top secular group.
In [his decision], Justice Anthony Kennedy described public prayer as a "larger exercise in civic recognition" designed to "represent rather than to exclude or coerce nonbelievers." ...
Justice Elena Kagan warned that the decision in Greece v. Galloway could lead to discrimination against minority faiths. In her dissent for the minority, she accused the conservative justices of "blindness" to the "essential meaning of the religious worship in Greece's town hall, along with its capacity to exclude and divide."
The Supreme Court's decision Monday to allow Christian prayers at city council and other public meetings divided justices not only ideologically, but along religious lines as well.
The five justices in majority are Catholics, and they agreed that an opening prayer at a public government meeting, delivered by a Christian pastor, brings the town together. ...
Three of the four dissenters are Jewish: Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan. The fourth, Justice Sonia Sotomayor, was raised as a Catholic, but she is said to be not a regular church goer.
Justice Elena Kagan faulted the majority for approving an official policy of "religious favoritism." In her dissent, she said the majority might view the matter differently had a "mostly Muslim town" opened its session with Muslim prayers or if a Jewish community invited a rabbi every month.
In a statement, the Satanic Temple said that it will use the Supreme Court’s recent Hobby Lobby decision to exempt its believers from state-mandated informed consent laws that require women considering abortions to read pro-life material. ...
Because the Satanic Temple bases its belief “regarding personal health…on the best scientific understanding of the world, regardless of the religious or political beliefs of others,” it claims that state-mandated information with no basis in scientific fact violates its “religious” beliefs.
Spokesperson Lucien Greaves said that the Supreme Court’s recent Hobby Lobby decision bolsters their case. “While we feel we have a strong case for an exemption regardless of the Hobby Lobby ruling,” he said, “the Supreme Court has decided that religious beliefs are so sacrosanct that they can even trump scientific fact. This was made clear when they allowed Hobby Lobby to claim certain contraceptives were abortifacients, which in fact they are not.”
The Satanic Temple set up a website where women seeking an abortion can print out a letter for her healthcare provider explaining why she is exempt from informed consent mandates.
This is really the same issue which the Supreme Court is deciding in Sebelius v. Hobby Lobby Stores, Inc. At stake is quite literally the ability of corporations or the individuals that work for them to legally discriminate for "personal" reasons. (We can call them religious reasons, but why bother? One need only cite a religion -- any old religion -- to qualify.) We are talking about 70 years of civil rights law being swept away in one fell swoop. If one bank employee can refuse to provide service for an atheist, why shouldn't a pharmacist be able to refuse to sell heart medicine to a Muslim?
On a larger scale, this case provokes reflection on what this nation is all about, its promise of fairness, liberty, equality of opportunity, and justice. At its heart, this case teaches that at some point in our lives all of us must compromise, if only a little, to accommodate the contrasting values of others. A multicultural, pluralistic society, one of our nation’s strengths, demands no less. The Huguenins are free to think, to say, to believe, as they wish; they may pray to the God of their choice and follow those commandments in their personal lives wherever they lead. The Constitution protects the Huguenins in that respect and much more. But there is a price, one that we all have to pay somewhere in our civic life.
In the smaller, more focused world of the marketplace, of commerce, of public accommodation, the Huguenins have to channel their conduct, not their beliefs, so as to leave space for other Americans who believe something different. That compromise is part of the glue that holds us together as a nation, the tolerance that lubricates the varied moving parts of us as a people. That sense of respect we owe others, whether or not we believe as they do, illuminates this country, setting it apart from the discord that afflicts much of the rest of the world. In short, I would say to the Huguenins, with the utmost respect: it is the price of citizenship. I therefore concur.
In the smaller, more focused world of the marketplace, of commerce, of public accommodation, the Huguenins have to channel their conduct, not their beliefs, so as to leave space for other Americans who believe something different. That compromise is part of the glue that holds us together as a nation, the tolerance that lubricates the varied moving parts of us as a people. That sense of respect we owe others, whether or not we believe as they do, illuminates this country, setting it apart from the discord that afflicts much of the rest of the world.
1. "The sad irony of today’s decision lies in its utter failure to grasp why the [Voting Rights Act] has proven effective ... Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet."
2. "When confronting the most constitutionally invidious form of discrimination, and the most fundamental right in our democratic system, Congress' power to act is at its height."
3. "Congress approached the 2006 reauthorization of the VRA with great care and seriousness. The same cannot be said of the Court's opinion today. The Court makes no genuine attempt to engage with the massive legislative record that Congress assembled. Instead, it relies on increases in voter registration and turnout as if that were the whole story. See supra, at 18–19. Without even identifying a standard of review, the Court dismissively brushes off arguments based on "data from the record," and declines to enter the "debat[e about] what [the] record shows"…One would expect more from an opinion striking at the heart of the Nation's signal piece of civil-rights legislation."
4. "Just as buildings in California have a greater need to be earthquake proofed, places where there is greater racial polarization in voting have a greater need for prophylactic measures to prevent purposeful race discrimination."