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    Spain’s Monarchy Is at a Crossroads Amid Corruption Scandal

    The former king of Spain, Juan Carlos de Bourbon, is facing growing allegations of corruption from Spanish public prosecutors. The current scandal will have an unprecedented impact on the future of the Spanish monarchy, an opaque institution that has been for many years shielded from public scrutiny. The personal finances and business activities of Juan Carlos I and his associates have been a source of controversy for many years, but now Spanish prosecutors, in coordination with British and Swiss colleagues, seem to have been able to trace approximately $100 million of the former king’s shady transactions.

    The 82-year-old, who reigned as the head of the Spanish state for 39 years until his abdication in favor of his son, King Felipe VI, in 2014, will likely face charges for money laundering and tax evasion and has left Spain, announcing that he is now permanently residing in the United Arab Emirates. This move, which was backed by the royal household and the current Spanish government, raises concerns about whether Juan Carlos is attempting to avoid justice in case charges are formally pressed against him in Spain.

    Corruption Allegations

    The scandal is putting the Spanish royal family in the spotlight while the country is trying to recover from the negative effects of the COVID-19 pandemic and a deep economic crisis. King Felipe has been trying to contain the damage of the scandal by striping the former monarch of his royal title and by renouncing his father’s inheritance. Yet these actions seem to be innocuous in reducing the pressures on the monarchy. The loss of public faith in the Spanish monarchy, a key institution for the consolidation of democracy in Spain, could potentially trigger a systemic institutional crisis given that over the past decade there has been a succession of scandals involving the political elites and critical public institutions.

    Currently, the Spanish supreme court is focusing its probe against the former king on a generous “donation” of approximately $100 million from the former Saudi king to Juan Carlos. This donation appears to be remuneration for the alleged intermediation by Juan Carlos in a $71-billion deal for the Spanish consortium to build a high-speed rail link connecting Mecca and Medina in Saudi Arabia. Swiss prosecutors tracked the Saudi money and suggest that Juan Carlos sent part of the “donation” to an offshore account and the other part was given as a gift to his former lover, Corinna Larsen, a German businesswoman.

    There are suspicions that this newest scandal is just the tip of the iceberg. Yet bringing members of the monarchy to justice is not easy in Spain provided they enjoy legal immunity from prosecution in the lower courts. Another difficulty of holding Spanish royals accountable is that they benefit from a network of allegiances in business and political circles.

    For example, in response to the recent wave of criticism in the media against the alleged role of the former Spanish monarch in the corruption scandal, approximately 70 high-profile politicians, professionals and businesspeople signed a letter in defense of Juan Carlos. In essence, the letter suggests that the disapproval Juan Carlos is currently facing in light of the most recent corruption scandal is unjust given his contributions to the Spanish democracy, stating that “the work of King Juan Carlos for the benefit of democracy and the Nation can never be erased, on pain of a social ingratitude that would not bode well for Spanish society as a whole.”

    The political and economic elites in Spain abhor any revisionism of the monarchy because they equate any criticism of its institution with endangering democracy. However, openly debating the role of a country’s institutions is healthy for any democratic regime.

    The Monarchy and Democratization

    Spain formally became a constitutional monarchy in 1978 when the country transitioned to democracy, becoming the only European democracy in the Mediterranean to have a monarch as its head of state. This exceptionalism allowed the Spanish monarchy to exercise an important symbolic power in the maintenance of the constitutional order and political stability in democratic Spain.

    Juan Carlos I acceded to the throne in 1975 at the hands of dictator Francisco Franco, who ruled Spain through fierce repression for almost four decades, between 1939 and 1975. In the 1970s, with the growing sociopolitical pressures for democratization, Franco envisioned the newly-enthroned royal overseeing the country’s transition to democracy. In effect, Juan Carlos would exercise a tutelage role over political and institutional dynamics in the newly democratic Spain.

    In a rare historical moment, King Juan Carlos, although politically neutral as a head of state, exercised his symbolic role as a guarantor of democracy when he took to the airwaves to publicly condemn an attempted military coup in February 1981. His televised address won him wide prestige among the Spanish public, and to this today, the former king is considered one of the key actors in the transition and consolidation of Spanish democracy.

    Despite the widely recognized role of the Spanish monarchy in building a democratic Spain, the country has changed in recent decades, as has public support for the monarchy. Based on the Ipsos Global Advisor’s 2018 survey, the Spanish royals have one of the lowest levels of public support of all the world’s monarchies. Fully 37% of the Spanish public believes the country would be better off abolishing the monarchy, compared with just 15% in Britain or merely 4% in Japan.

    Time for Reform

    The 2010-14 economic crisis and the deepening of secessionist tensions in Catalonia detracted from the symbolic power of the Spanish monarchy. The public image of Juan Carlos has also suffered from scandals, such as his 2012 elephant-hunting trip to Botswana while he was presiding over the Spanish branch of the World Wildlife Fund. At the height of the 2008 economic crisis, members of the royal family were found entangled in a web of corruption involving the misuse of public funds amounting to approximately $7 million, which eventually led to the conviction of the king’s son-in-law for embezzlement.

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    When King Felipe VI replaced his father on the Spanish throne in 2014, the separatist tensions in Catalonia were only beginning to escalate. Just three years later, however, the Spanish crown would have to act to ease the growing territorial crisis. In October 2017, when a group of Catalan politicians was in the process of declaring the independence for Catalonia through an illegal referendum, King Felipe addressed the nation on television to condemn these regional politicians for placing themselves “outside the law and outside democracy.”

    In the eyes of many Catalans, this address proved the king was siding against Catalonia. Spain’s territorial secessionist crisis has profound implications for the Spanish monarchy because it challenges its unity and democratic institutions. October 2019 saw a resurgence of violent protests in Catalonia against the lengthy prison sentences imposed against nine separatist political leaders who declared, unconstitutionally, Catalonia’s independence in October 2017. During the clashes between pro-independence protesters and the police, King Felipe visited Catalonia and was received in Barcelona with great hostility.

    If the stability of the Spanish monarchy were merely a function of King Felipe VI’s efforts and intentions to reign more in tune with the real concerns of the Spanish people and with a less lavish lifestyle than his father, then the current scandal involving Juan Carlos I would likely leave the monarchy unharmed. However, the future stability of the monarchy lies in the evolution of the corruption probe into the former king’s assets set against a sociopolitical environment that is becoming more complex by the day. In this context, it is becoming increasingly clear that it is time for reform of the Spanish monarchy.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Trump doubts Ruth Bader Ginsburg's dying wish, claiming Democrats wrote it

    Donald Trump has attempted to cast doubt on Ruth Bader Ginsburg’s dying wish, baselessly claiming a statement released by the supreme court justice’s family was written by Adam Schiff, Nancy Pelosi or Chuck Schumer, prominent Democrats in Congress.The move is likely to anger many who will see it as disrespectful to the millions of Americans mourning Ginsburg’s death, as well as a tasteless attack on the legacy of the pioneering woman justice.Ginsburg died on Friday, from pancreatic cancer at the age of 87. NPR reported that she had dictated a statement to her granddaughter.“My most fervent wish is that I will not be replaced until a new president is installed,” it said.Trump and Republican Senate majority leader Mitch McConnell have vowed to press on with a nomination to replace Ginsburg before the election on 3 November or the inauguration on 20 January, even should Trump lose the presidency to Joe Biden and the Democrats retake the Senate.This is low. Even for you. No, I didn’t write Ruth Bader Ginsburg’s dying wish to a nation she served so wellAdam SchiffOn Monday morning, Trump told Fox & Friends he would announce his nominee, a woman, on Friday or Saturday, after services in memory of Ginsburg.He also called Ginsburg a “legend” who “represented something different than you or I”, and said of her statement: “I don’t know that she said that, or was that written out by Adam Schiff or Pelosi?“I would be more inclined to the second, OK – you know, that came out of the wind. That sounds so beautiful, but that sounds like a Schumer deal, or maybe Pelosi or for Shifty Schiff. So that came out of the wind, let’s say. I mean, maybe she did, and maybe she didn’t.”Schiff, the chair of the House intelligence committee, and Pelosi, the House speaker, played prominent roles in Trump’s impeachment. Schumer, the Senate minority leader, will lead efforts to defeat Trump’s nomination. He has promised that in terms of tactics, “nothing is off the table”.Schiff responded with a tweet, writing: “Mr President, this is low. Even for you. No, I didn’t write Ruth Bader Ginsburg’s dying wish to a nation she served so well, and spent her whole life making a more perfect union.“But I am going to fight like hell to make it come true. No confirmation before inauguration.” More

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    What Trump Will Leave Behind If He Loses

    Whether Donald Trump will serve four more years as president of the United States will be decided on November 3. America’s partners should nonetheless already be thinking about what Trump will leave behind — namely the consequences of his policies — if he loses the election and agrees to hand over power to his challenger, Joe Biden.

    Every US president sets priorities for domestic developments as well as for the country’s positions in foreign and security policy. Given the international weight of the United States — still by far the most powerful nation in the world in terms of absolute power, even when compared to China — American presidents will always shape the international order, too.

    What the Death of Ruth Bader Ginsburg Means for America’s Political Future

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    Incoming presidents of any party have traditionally accepted many of the legacies of their predecessors, while simultaneously setting new accents. This is not surprising; it is a characteristic of a functioning state. The foreign policy, security, economic and ecological challenges that a new president faces the first day in office are not, after all, fundamentally different from those challenges that were on the table the day before.

    Only Trump has consciously departed from this pragmatic and statesmanlike tradition. Fighting against the legacy left behind by his predecessor, Barack Obama, has been a central part of his agenda. Consequently, Trump rescinded financial market rules and environmental laws of the Obama administration, withdrew the US from the nuclear agreement with Iran, and also pulled out of the Trans-Pacific Partnership, the Paris Climate Accord and other international agreements.

    Should Trump be replaced by Biden, the new president will certainly reverse some of the most blatant measures of his predecessor — if only to regain trust and strengthen the international reputation of the United States again. This applies, in particular, to the Iran nuclear agreement and the climate accord. Biden will not be able to turn the wheel of history back to the end of the Obama era, however. He will have to deal with — and his presidency will partly be shaped by — a Trump legacy that cannot simply be undone by resigning some important international agreements.

    Four Elements Stand Out From This Legacy

    First, there is the political polarization in the US, which is as intense as it was during the Vietnam War. A new president may attempt to reunite the country politically and to mitigate the growing social inequalities through social and tax policies. However, neither the political nor social divisions in America will simply disappear with a change of political direction.

    Second, the tense relationship with China will test the Biden administration from the beginning. Trump certainly did not cause the rise of China. Even Obama had tried to redirect the focus of American policy toward Asia — he saw China’s rise as a game-changer but, overall, still regarded Beijing as a partner. In the meantime, China’s policy has become more challenging.

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    There is a wide-ranging bipartisan consensus in the US for taking a tough stance toward Beijing. President Trump, however, has weakened America’s position in the rivalry with China by duping friends and allies, leading the US out of international institutions and agreements, and thus creating empty spaces that China could, and did, fill.

    Strategic rivalry between the US and China is likely to remain a guiding paradigm of international relations, even under a Biden administration — a conflict that structures world politics with power-policy, security, economic, technological and ideological dimensions. How this rivalry will be shaped and evolve will largely depend on future US policy.

    Third, a new president will have to deal with the loss of international trust. Much here depends on the personality of the individual in the White House. As president, Biden would likely enjoy an advance of international trust. This could even help him to push for certain demands that not only Trump has articulated — not least that America’s NATO partners increase their defense spending. Any successor to Trump, however, no matter how much they may be trusted as a person, will be confronted with a new form of skepticism, if not fear, among international partners that any agreement they may negotiate today could be called into question after another change in the White House.

    For this reason alone, new negotiations with Iran or future arms control talks with Russia and/or China will become more difficult. Negotiating partners will want to offer less if they cannot be sure that future presidents will also abide by an agreement. American negotiators, however, are more likely to demand more in order to make such agreements more acceptable across the political spectrum in Congress, and thereby prevent a new president from simply turning them over.

    Finally, multilateral institutions and international organizations have been weakened, not only as a result of Trump’s policies but also his active contributions. For the first time since the end of the Second World War, we live in a world with fewer binding rules than four years ago. Important arms control agreements have been terminated, the World Trade Organization has been weakened, and the legitimacy and financial resources of the United Nations have been under attack.

    A new president can certainly try to change course and recommit the United States to shaping and supporting multilateral institutions, but other actors on the world stage have become more self-confident and assertive during the last four years. These actors, China above all, are unlikely to be interested in the emergence of binding new international rules that could restrict their freedom of action.

    And Europe? It is simply not enough to hope that Trump will be voted out of office and then relax if it happens. The European Union and its member states must seriously think about how they could help a new US president to regain international trust for the country. Europe can hardly expect that the United States under Biden will set out to safeguard international order on its own. Nor should it expect a Biden administration to simply adopt Europe’s multilateral agenda.

    Instead, Europe needs to strengthen its own capabilities, and it should take the initiative and press for a joint strategic analysis and agreement with the US on future issues — climate, digitization and the relationship with China, among other areas. Moreover, Europe will also have to explain how it envisages fair burden-sharing in order to create a more symmetric transatlantic relationship.

    *[This article was originally published by the German Institute for International and Security Affairs (SWP), which advises the German government and Bundestag on all questions relating to foreign and security policy.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    How Anti-Semitism Has Lost Any Connection With Reality

    A Business Insider article by Oma Seddiq highlights the latest example of US President Donald Trump’s obsessive insistence on treating American Jews as citizens of Israel. Jewish voices have once again rebuked the president, though apparently to no avail. Seddiq’s article bears the title “’Textbook anti-Semitism’: American Jews condemn Trump for repeatedly telling them that Israel is ‘your country.’”

    No dictionary, not even a devil’s dictionary, can feel comfortable defining a term that describes a tradition with such horrific historical associations. But today’s post-Holocaust world of political marketing has so distorted all discourse relating to Israel that it is now impossible to disentangle three distinct concepts: ethnic identity, religion and national politics. Consequently, the meaning of anti-Semitic — now simply an all-purpose insult — changes according to the person using it.

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    Typically, the reason for proffering the insult has nothing to do with ethnicity or theology. It’s always about politics. The insult has become so potent in political arguments that its meaning is reduced to whatever the polemical objective of the speaker happens to be.

    Here is today’s 3D definition:

    Anti-Semitism:

    A label that points to an undefined trait or attitude possessed by anyone with opposing political views who appears to make general assumptions about anything related either to the Jewish people or the state of Israel.

    Contextual Note

    During a call with American Jewish leaders last week, Donald Trump has uttered this sentiment: “We really appreciate you, we love your country also and thank you very much.” This is problematic for several reasons. Beyond the fact that Trump sees all American Jews as citizens of another country, the “we” and the “you” he mentions are both dangerously ambiguous. “We” can be restrictive, indicating Trump himself, or inclusive, as in “we the people,” embracing the entire nation. In whose name is he speaking? Moreover, by referring to American Jews collectively as “you,” he both sets them apart and imposes a solidarity of political identity that is manifestly false.

    The Jewish strategist Sophie Ellman-Golan complained: “It’s really important that we separate out American Jews and Israel — we are not one in the same. It’s anti-Semitic to suggest that we are.” There may be an anti-Semitic strain to Trump’s worldview, but not here. On other occasions, Trump has shown sympathy for virulently anti-Semitic activists. Everyone remembers those “very fine people” in Charlottesville.

    Instead, Trump, who never tires of praising Israel, strives to appear radically pro-Semitic. The absurdity of his remarks demonstrates little more than the well-established fact that the president is incapable of understanding anything about any category of people, whether the factor of identity is permanent or temporary. Because some protesters in the streets are violent, Trump judges that all protesters are violent. And because the violence is directed against the contestable practices of existing institutions Trump identifies with, he accuses all protesters of sedition — a legal term that means rebellion against the state.

    Similarly, because Israel is officially a Jewish state, Trump believes all American Jews consider themselves citizens of Israel. What applies to one applies to the entire group. And because Trump invariably aligns his foreign policy with Israel’s, he sees no problem with what his critics call the trope of “dual loyalty.” Instead, he encourages it because it puts them in opposition to Trump’s opposition in the US, especially those who criticize his unconditional alliance with Israeli Prime Minister Benjamin Netanyahu.

    The real problem with the way anti-Semitism is bandied about in the media today is that the term has become a toxic brand that can be used against anyone, including those who are called “self-hating Jews.” This often simply means those who dare to critique Israel. In the US, even the Jewish Bernie Sanders has been suspected of anti-Semitism because he has distanced himself from Israel.

    When Jeremy Corbyn dared to deviate from British geopolitical orthodoxy, defenders of the idea of an inviolable alliance with Israel — even inside his party — branded him an anti-Semite. Much of the respectable media followed suit. They did so not after taking into account the complex intersection of religious belief, ethnic belonging and political loyalty, but only because it appeared to be the easiest way to demolish the left wing of the Labour Party.

    Historical Note

    Anti-Semitism is an undeniably shameful feature of Western history. Its roots date back to the rupture that marked the birth of Christianity — a religion that emerged from Judaism after the Romans crucified Jesus. From the time of St. Paul’s writings that established the major themes of the new theology, Christianity had to justify its break with the Judaic tradition even while acknowledging a very real historical continuity. Initially, Christians saw themselves as religious separatists with no reason to cultivate hatred for the Jews, especially after the Romans dispersed the Jews from their homeland in the Middle East and effectively dismantled all Jewish political infrastructure.

    The virulent anti-Semitism that culminated with Germany’s Third Reich developed rapidly in Europe throughout the Middle Ages, accelerating with the First Crusade, launched in 1095. The feudal system required the population, from yeomen to serfs, to accept their allegiance to the local nobility. Kings and princes ruled over expanses of territory federating multiple domains belonging to nobles. Those feudal kingdoms later evolved into nation-states.

    Jews had no place in a Christian feudal system founded on an agricultural economy. Christians regarded the Jews as a people that had self-excluded themselves from the Christian community. Jews had little choice but to group in cities where they were confined to ghettos, from which they could nevertheless provide some vital services to Christians, including moneylending.

    In the 11th century, England’s Norman King William the Conqueror provided a model for “managing” the Jews, mainly for the purpose of the royal military economy. Jews had the right to lend money at interest, whereas for Christians it was a sin. With no ordinary feudal ties, all Jews were deemed direct subjects of the king. This royal privilege eventually led to moments when a king, having profited from the financial facility offered by the Jews, could use an invented pretext to punish the Jewish community, confiscate their property and cancel their debts. It was a form of political opportunism that used anti-Semitic sentiment as a pretext for plunder.

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    Given the somber history that would follow — exclusion and exile, blood libels, forced conversion, ghettoization, pogroms in the 19th and 20th centuries — all of it leading up to Hitler’s audacious “final solution,” the term “anti-Semitism” should always be taken seriously. It has played an active role in the evolution of modern nations in the Western world. But today, for purely political and sometimes basely electoral reasons, people have taken to using it as a facile insult to brand their opponents with an intention that everyone reflexively recognizes as shameful.

    Because the label has changed from a historically accurate description of horrendously calculated and brutally executed actions to what has become today a vague suspicion of a lack of suitable deference to Israel, the term anti-Semitism has literally lost any connection with reality. Calling Trump an anti-Semite illustrates the absurdity of the trend. The Donald’s delight in making unjustified pronouncements about American Jews doesn’t stem from anti-Semitism. It’s just that he’s a narcissist, utterly insensitive to the reality of others.

    In contrast, this past week offered an example of what has now become standard dog-whistle anti-Semitism coming from the American right. In a discussion on Fox News of violence in American cities, Newt Gingrich singled out the Democratic donor, George Soros, as the unique cause of the breakdown of law and order. Soros has long been a preferred target of anti-Semites because he finances liberal causes. Gingrich knows that and so does Fox News. Embarrassed and wishing to avoid the accusation of complicity, the Fox News hosts shut Gingrich down for such an obvious anti-Semitic trope.

    Anti-Semitism exists among the population, probably far more on the right than the left. Modern governments can no longer have recourse to it as official policy, but ordinary citizens and individual politicians can resonate to its xenophobic appeal. The term itself has thus become an abused and abusive rhetorical weapon used by all kinds of polemicists. And, for the moment, the media appears far too timid to attempt deconstructing that rhetoric.

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy.  More

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    Succession creator Jesse Armstrong criticises Trump and Johnson at Emmys

    The Succession creator, Jesse Armstrong, used his Emmy acceptance speech to attack Boris Johnson and Donald Trump for their “crummy” response to coronavirus, and also the media moguls who do so much to keep them in power.Armstrong’s HBO show, telling the story of a billionaire media tycoon and his dysfunctional, warring family, was one of the big winners at the ceremony on Sunday. It won seven awards, including outstanding drama, which Armstrong accepted from a hotel room in London.He said it was sad not to be able to share the success with colleagues in the US. “Being robbed of the opportunity to spend time with our peers, maybe I’d like to do a couple of un-thankyous,” he said.“Un-thankyou to the virus, for keeping us all apart this year. Un-thankyou to President Trump for his crummy and uncoordinated response. Un-thankyou to Boris Johnson and his government for doing the same in my country.“Un-thankyou to all the nationalist and quasi-nationalist governments in the world who are exactly the opposite of what we need right now. And un-thankyou to the media moguls who do so much to keep them in power. So un-thankyou!”Armstrong is one of Britain’s most celebrated comedy writers, having co-created Peep Show and Fresh Meat in the UK as well as having been on the writing team for The Thick of It.Succession’s seven wins came from 18 nominations and included the best actor award for Jeremy Strong, who plays the eldest son, Kendall Roy. His success meant that Brian Cox, who plays the patriarch and was nominated in the same category, missed out on a prize that bookmakers had made him odds-on to win.Cox was one of many British and Irish actors to miss out. Olivia Colman (The Crown) and Jodie Comer (Killing Eve) were thwarted in their category when Zendaya made history by becoming the youngest person to win in the best actress drama lead category for Euphoria.Also missing out were Helena Bonham Carter (The Crown), Fiona Shaw (Killing Eve), Matthew Macfadyen (Succession), Harriet Walter (Succession), Jeremy Irons (Watchmen), Paul Mescal (Normal People), Andrew Scott (Black Mirror), Dev Patel (Modern Love) and Phoebe Waller-Bridge for her guest appearance on Saturday Night Live.Aside from Succession the big winners were HBO’s Watchmen, shown in the UK on Sky Atlantic, and the Canadian sitcom Schitt’s Creek, which, since it went on Netflix, has steadily and quietly become a huge feelgood hit. The sixth and final season of the show swept the board in the comedy categories, a feat not even achieved by shows such as Frasier and Modern Family.It won seven Emmys with acting wins for the show’s stars Eugene Levy, Dan Levy, Catherine O’Hara and Annie Murphy. Appearing in the ceremony’s virtual backstage area Dan Levy, its co-creator and showrunner, discussed the possibility of Schitt’s Creek returning as a movie.“Here’s the thing – some people have been asking that,” he said. “If there is an idea that pops into my head and worthy of these wonderful people, it has to be really freaking good at this point.”Other winners included Last Week Tonight with John Oliver, the Birmingham-born writer and comedian who started out on the UK standup circuit before achieving success in the US.RuPaul’s Drag Race, which has spawned a Bafta-nominated British version on the BBC, won the reality competition award.The virtual awards ceremony, hosted by Jimmy Kimmel – “welcome to the Pandemmys” – will go down as one of the oddest in the Emmys’ 72-year history with prizes delivered to winners, often in their homes, by people in hazmat tuxedos.The dress code was “come as you are”, with the suggested option of designer pyjamas. Hardly any of the stars went down that route, although Jane Lynch, in a very smart top, revealed she was also wearing sweatpants.A number of actors used the event to express support for the Black Lives Matter movement, including Regina King, who won the limited series lead actress award for Watchmen. She wore a T-shirt that honoured the police shooting victim Breonna Taylor and used her speech to remind people of the importance of voting.Later she explained why wearing the T-shirt was important. “The cops still haven’t been held accountable,” she said.“She represents just decades, hundreds of years of violence against Black bodies. Wearing Breonna’s likeness and representing her and her family and the stories that we were exploring, presenting and holding a mirror up to on Watchmen, it felt appropriate to represent with Breonna Taylor.” More

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    What the Death of Ruth Bader Ginsburg Means for America’s Political Future

    The death of Supreme Court Justice Ruth Bader Ginsburg on September 18 has shaken the judiciary at a moment that could test the foundations of American legislature. Justice Ginsburg was a leftist — or “liberal,” in American parlance — mainstay in her 27 years on the court and four decades on the federal bench.

    The ferocity of nomination battles has intensified in recent years. After Justice Antony Scalia’s death in 2016, President Barack Obama nominated moderate DC Circuit chief judge, Merrick Garland, to the Supreme Court on March 16, more than seven months before the next presidential election. Senate Republicans used their majority to block the nomination, denying a vote and letting the nomination expire on January 3, 2017, shortly before Donald Trump’s inauguration. Senate Majority Leader Mitch McConnell then argued that “The American people should have a say in the court’s direction. It is a president’s constitutional right to nominate a Supreme Court justice, and it is the Senate’s constitutional right to act as a check on the president and withhold its consent.” 

    A primary argument McConnell and his colleagues made was for awaiting the election to renew the presidential mandate because Americans deserved a say this close to election day. Democrats responded that the Constitution and traditional practice grant that power and that America already voted in 2012 for a mandate of four, not three and a half years — to no avail. 

    This recent political precedent will meet its first test over the next two months. Democrats remain the minority party in the upper house, leaving the path clear for Republicans, who unanimously supported President Trump’s nominations of Neil Gorsuch, with 51 Republicans and three Democrats voting to confirm, and Brett Kavanaugh, with 49 Republicans and one Democrat confirming. Whomever President Trump nominates will likely enjoy similar partisan support. The conservative majority of five on the court could now grow to a commanding six out of nine and will influence American society for decades to come. 

    The vote count leaves the words of Senate Minority Leader Chuck Schumer, tweeting just hours after the announcement of Justice Ginsburg’s passing, moot: “The American people should have a voice in the selection of the next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.” Schumer’s decision to invoke the Garland precedent is far from obvious. Both party leaders have switched their rhetoric as their positions are reversed. Democrats blame Republicans, and Republicans cry hypocrisy. 

    This runs against observations by political scientists showing that fighting fire with fire weakens democracy. Gone are the days when a president with a governing majority would nominate a justice from the other party, as Harry Truman did in 1945. Trust and bipartisanship have reached a low not seen in decades. 

    Presidential nominees have required a simple majority since 2013, when Democrats for the first time changed chamber rules to allow federal lower court nominations to pass with a simple majority rather than a 60-vote supermajority, over the protests of Republicans. In April 2018, Republicans, now in the majority, expanded the rule to include Supreme Court nominees, making 51 votes sufficient to overcome Democrats still furious over the Garland affair. As both parties raise the stakes, the high court grows more politicized — and voters and the politicians they elect grow more polarized — the future of the political branches of government hangs in the balance. 

    Regardless of who replaces Justice Ginsburg, SCOTUS seats will again inevitably open up the floor to opposing parties. Vociferous opposition to Neil Gorsuch and Brett Kavanaugh in 2018 suggests there may be appetite for a bitter battle, however quixotic. Whoever wins the November presidential contest will enter an embittered political environment where the comity and willingness to compromise that characterized Washington a generation ago has all but disappeared, replaced by weakened institutions and disunity in the halls of power. 

    While more active state and local governments, administrative agencies and even courts address questions unanswered by Congress and the White House, nothing can replace efficacy in DC. When paralysis reigns, policies and the people they serve suffer. 

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More