Trump and McConnell’s judicial havoc will last for decades

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After the events of the past 10 days, it is abundantly clear that there is no end to the amount of damage Trump will wreak on the United States internationally and domestically. However, it is almost certain that every dirty move Trump makes internationally can be reversed by a sane administration – although no foreign nation will ever trust America again whether they are an ally or an antagonist. It is a travesty, but because of Trump and his Republican henchmen in the Senate and the Christofascists running the Heritage Foundation, no American should ever trust their government to look out for their interests; or that they will continue to have constitutional protections. It is likely that within a year or so, Trump, his theocratic cabal, and Republicans will have succeeded in unleashing lasting damage on the American people and the federal government. In this case “lasting” means several decades if not permanently.

Over at Salon, Amanda Marcotte, opined that there is a “vile reason why Republicans will keep covering for Trump’s unending, and perilous, scandals.” Although Ms. Marcotte makes a sound argument, it ignores the simple fact that even if Republicans were inclined to stop protecting Trump and throw the criminal out of the White House, there is a dyed-in-the-wool Christofascist conservative who will continue “packing the courts” with far right-wing religious extremists. According to Ms. Marcotte, that is the “vile reason” Republicans condone Trump’s wrecking-crew agenda as if only Trump will “pack the courts” with evangelical right-wing activists.

Where Trump does the evangelical extremists’ bidding for electoral support, Mike “preacher” Pence is a true believer that America was created as an evangelical theocracy and his Christian bible is the law of the land. Pence would move the proverbial “Heaven and Earth” to make America as Christian as Trump is attempting to make it Aryan. Still, there is no denying that with Trump and Senate Majority Leader Mitch McConnell’s “court packing” crusade in full swing, America as it has existed for 238 years is finished and two of the Heritage Foundation’s theocratic judicial appointments should disabuse any American’s idea that there is  a limit to the damage Trump is doing to America and its people.

It is true that the theocratic Heritage Foundation is in the process of shaping the Supreme Court in its image for at least a generation; the religious right has clamored for a Christian conservative majority for decades. However, the real damage is their appointments of young, incompetent, and inexperienced right wing ideologues and evangelicals filling the federal appellate courts. At the rate the lower courts are being packed with neo-con evangelical crusaders, it is possible that many cases will never reach the High Court. These recent Trump-Heritage appointees are openly biased and because it mainly concerns religion, they are not being assailed as religious extremists. There must be a convention in America that forbids questioning the imposition of the evangelical religion as if doing so is tantamount to what used to be considered treason – siding with a hostile foreign leader against the interests of the United States.

Regarding the Russian asset in the Oval, while the media and some Americans were watching Trump lie about his “misspeak” regarding Russia’s attack on America’s democracy, Mitch McConnell was holding a confirmation vote on a “radical right wing” ideologue, Andrew Oldham, as a 5th Circuit Court of Appeals judge. To label Oldham as a radical, anti-government neo-conservative is an understatement.

Oldham is, as reported in May, a wet dream for the Koch brothers and particularly the theocracy-minded Heritage Foundation. Like the Koch brothers, Oldham openly questions the “legitimacy” of the federal government by arguing vigorously, “The entire existence of this edifice of administrative law is constitutionally suspect.” He also claims that agencies such as the Internal Revenue Service (IRS), the Environmental Protection Agency (EPA) and Department of Labor are patently “illegal and illegitimate.” Apparently, Oldham is opposed to any form of taxation and federal or state regulations unless they target women’s right to self-determination; it is the primary reason the evangelicals at the Heritage Foundation ordered Trump to nominate him.

Oldham argued in defense of a set of bizarre 2013 Texas evangelical laws that regulated the medical profession with the purpose of closing down “safe, legal abortion clinics” while he was deputy solicitor general in Texas. The Supreme Court overturned the law that had nothing to do with improving women’s health, particularly when it immediately closed down 13 abortion clinics. As NARAL’s Adrienne Kimmell noted:

Oldham’s track record proves time and time again that he will be a foot soldier for the anti-choice movement’s agenda, which includes overturning and gutting Roe v. Wade to criminalize abortions.”

It is a “track record” as an evangelical foot soldier that prompted the Christofascist Heritage Foundation to appoint Oldham to the federal appellate court. His embrace of the Koch brothers’ mindset that federal government agencies, departments, and regulations are, for all intent and purposes, “illegitimate and illegal” is a value-added bonus to sate the greed of the bastard libertarian Kochs and their GOP ilk.

Just recently, a different Trump-Heritage appellate judge revealed exactly why he was appointed to the federal bench; he hates the idea of women’s choice and he loves the church he claims is being treated unfairly.  The Trump-Heritage appointee, some evangelical malcontent named James Ho sits on the 5th U.S. Circuit Court of Appeals that the recently-confirmed Andrew Oldham is joining. In a case involving another Texas law requiring the cremation or proper (Christian) burials of “fetal remains,” a U.S. District Judge blocked its enactment because it imposed an “undue burden” on a woman’s right to abortion access. It was a more than reasonable decision simply because “it [the law] created absolutely no benefit for women, while passing on substantial costs to patients and clinics.”

Texas evangelicals disagreed and claimed that forcing proper Christian fetal burials does not impose any extra expense or burden on anyone because the Texas Conference of Catholic Bishops has offered to bury fetal remains for free, or at reduced costs. However, when the plaintiffs, Whole Woman’s Health, served a subpoena on the Bishops requesting documents relating to its funding fetal burials for veracity, the church said no – they don’t have to prove anything because they are the Holy and infallible church.

In a 2-1 decision, the appellate court ruled that the lower court had to “suppress” the plaintiff’s subpoena and stop being mean to “the church.” In that ruling the Court assailed the plaintiffs, Whole Woman’s Health, for daring to “intimidate” the poor beleaguered church by requesting proof of the Catholic Bishops’ claim. The ruling also attacked the District Judge for his “religious insensitivity” of having the audacity to “rule against the Catholic Church on a Sunday morning when its members were almost surely in church.” Trump’s appointee, Ho, added that the district court judge was barbaric in “retaliating against people of faith for not only believing in the sanctity of life—but also for wanting to do something about it.”

If anyone does not believe the reason “Mitch McConnell kept hundreds of vacant judicial seats open under President Barack Obama so the Senate Republicans could fill those seats” with evangelical far right ideologues, they are ridiculously naïve, if not stupid. As Kristine Lucius of The Leadership Conference noted:

Under McConnell and Judiciary Committee chairman Chuck Grassley, the record-breaking pace of hearings, committee votes and floor votes, and utter disregard for Senate norms and traditions on nominees, has been shameful. Trump is trying to take over the federal courts by nominating young extremists who are unfit to serve impartially.”

It is worth repeating that much of Trump’s damage can be reversed; tariffs can be lifted, environmental regulations can be reinstated, cuts to social programs can be halted, corporate tax cuts can be rescinded, and immigration atrocities can be stopped. However, there is nothing whatsoever any American, legislative body, or future administration can do to change the makeup of a federal judiciary packed with radical religious and far-right wing ideologues serving for life.

It is a sad state of affairs that the people are fundamentally ignorant of the coming disaster of a radical religious federal judiciary. But they will likely get a clue when their voting rights are restricted, LGBTQ rights are struck down, environmental protections are completely abolished, executive power is increased, campaign finance regulations are eliminated and when women are prohibited from making their own determination regarding their personal reproductive health and childbearing.

America is headed for a seriously rough time with a generation’s worth of evangelical conservative federal courts earning the theocratic Heritage Foundation’s mandate to decide what laws are constitutional. It is not going to matter one iota what a future Democratic president or Congress passes into law – any one of Trump’s radical religious courts can rule them unconstitutional and that will be the end of them. Moreover, no American should believe for any measure of Planck time that with a federal judiciary packed with anti-women’s rights crusaders, women are not going to suffer the wrath of Christofascists who are perilously close to running all three branches of what was created as a secular government.

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