Blog #123 – The Funny Hearings, Seriously


THE FUNNY HEARINGS, SERIOUSLY

The Kavanaugh senate hearing was efficient and conclusive.
It gave Kavanaugh a chance to show how abusive
A Supreme Court Judge-in-Waiting could be without ever saying “sorry.”
It simply had to make it sure that her story would end up as his story
Its conclusions were firm without time wasted on thinking and worry.
.
So what really happened in that really irrelevant past?
(We all know youthful characteristics don’t last)
She knows, but don’t believe her, just a teen, and he’s now a very honorable judge,
You can believe she’d have dreams, but such an honorable man wouldn’t fudge.

If only we knew who from behind pushed her in,
We’d know if he committed the original sin.
Maybe it was an immigrant hiding in that hall
Oh, if only they’d let us build up that wall!
After all, maybe it was only a prank,
Just blame it on one too many he drank
And he never got her clothes off and went all the way,
So just tell him how much he has to pay
That satisfied each of the others Trump had had
And they never complained or showed they were sad.
After all, didn’t the man drive his daughter to her classes?
So what if he took a little time out to make a few passes.
And “nothing really happened,” said our worldly Rep, boys will be boys,
And if a future Supreme Court judge doesn’t want to answer questions,
Why upset him by asking for confessions.
And girls should be pleased that they could be their toys.
If everyone knows, a the end of the line,
What the result will be, we’re just wasting our time.
His concern for justice can wait till he’s on the bench,
By then we’ll have forgotten there was a bit of a stench.
It’s time to stop this demeaning charade
And get on with his inaugural parade.
Donald Trump has told us whom to believe in these cases.
With his personal experience he knows what a man such as this faces.
Don’t call in the over-burdened FBI
Why expect them to tell the truth from a lie.
Our leaders can do that much better themselves, they tell us,
And get the job done without anymore fuss.

We’ve spent too much time on this already. Not a single day more.
After all, finding the truth would just be a bore.
—————
Now they’ve got to wait a whole week for a “limited” FBI report
Which won’t have a firm conclusion of any useful sort
Then they’ll draw their own conclusions, from this fact or that fact ,
And move on, greatly relieved, as it’s in their sole power to do, to act
Never mind if the facts show they were right or were wrong,
They’ll do as they’ve wanted to do all along.

And then the voters will finally have their say,
And we’ll thank the strong women who’ve shown us the way!

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Blog 122c -Non-Causes of Poverty, Jobs, Welfare Responses


Blog #122c – Non-Causes of Poverty, Jobs, Welfare Responses

Why is there poverty in the United States today?[1] Most anti-poverty policies rely on one or more of four theories about the causes of poverty: the lack of jobs, the shiftlessness of the poor, the changing technological composition of production, or the scarcity of resources to provide for all. None of the four holds up.

We don’t have enough jobs. Not so. “Unless we create more jobs, there will be unemployed and thus poverty,” many believe. But unemployment is low, whatever the weaknesses of its measure, and most poor people are already employed. They already have “jobs,” or at least work, and very often hard work, often part- time, insecure, without benefits, almost always devalued. It is the substandard quality of the jobs we have that undergirds poverty.[2]  Killer jobs, not job killers, are the real problem.

And that so many jobs are substandard is not by accident. Simple economics dictates that employers will always push wages as low as they can: wages to workers are income to employees, but expenses for employers.  Matthew Desmond’s trenchant article[3] provides the figures, and lays out the consequences, in well reasoned and human terms. What’s needed are good jobs, paying living wages, secure over time, organized so as to be manageable along with meeting all the other obligations of complicated lives

They are poor because they are lazy. Not so. “They don’t want to work, or they drink, or are addicted, or mentally ill,” some argue. But, as noted above, most poor are in fact working, but at jobs with less than living wages or unsustainable working conditions Blaming the victims for their poverty will not work

Technological change requires workers with skills the poor don’t have. Yes but. A high school education may be increasingly needed to get a good job, but lack of a high school education is not voluntary for most without it. Getting a good education is not so simple for many, and especially for those that begin poor. Lack of good schools, of health care, of transportation, of housing, of physical security, of social encouragement, all play large roles. There is no evidence that, given the opportunity, poor people are not able to handle work that requires a post-high-school education. The poor may indeed have less education than those better off, but not because they are stupid.

Technological advances should in fact increasingly be able to provide enough for all, so that there would be no such thing as poverty, if they were appropriately socially organized.

There will always be winners and losers. The poor are simply the losers. No longer so. “The poor will always be with us is an old argument. It is increasingly wrong. Our societies are able to produce enough so that no one needs to live without adequate housing, food, clothing, rest, security, or the other things a decent standard of living in a technologically advanced society can produce. The statistics on inequality are clear. Even a modest redistribution from the top 1% would mean that all of the other 99% could live well above poverty levels.

 If none of these four explanations accounts for the widespread existence of poverty today, what does?

Two factors basically explain the existence of poverty today.

First, major real conflicts of material interest underlie poverty.  As pointed out above, simple economics dictates that for-profit businesses will always push wages as low as they can: wages to workers are income to workers, but expenses for for-profit businesses. Thus, poverty benefits powerful economic and political interests, powerful both in establishing economic relations, and in politically establishing governmental policies that further business interests opposing the steps necessary to eliminate poverty.  And,

Second, the necessity of dealing with immediate and critical human problems detracts from confronting these real conflicts, creating an incentive to downplay the existence of these conflicts politically as well as ideologically, even among well-meaning advocates of policies challenging the underlying causes of the conditions whose consequences they seek to ameliorate, so-called anti-poverty and social welfare programs.

So what is to be done to reduce and ultimately eliminate poverty from rich societies such as ours?

 Immediate actions. We have some limited but moderately effective social-mobility programs: minimum wage laws, restrictions on hours of labor and unhealthy working conditions, subsidized health care, unemployment benefits, public financing of elementary education. They need to be adequately and securely funded.[4] They should be championed, expanded, and stripped of any draconian and counterproductive work requirements. But more is needed.

Ultimate goals must be kept on the agenda as ultimately needed, goals such as a real right to housing, to free medical care, to free public education through college, an adequate income should be considered, and seen as obvious governmental functions, just as are police or fire services or streets and highways or sanitation or environmental controls or providing for holding democratic elections or public parks or clean water. So one might consider adopting as ultimate asocial goals for social action the elimination of poverty entirely and the provision of a right to a comfortable standard of living commensurate with what society is already in a position to provide, given a commitment to use it so that its wealth is distributed equitably among all individuals and groups in the society, commensurate with individual and group needs and desires. The even broader goal might be expressed as the just and democratic control of the economy as a whole and in its parts.

Transformational Measures. But to achieve such goals, shorter-term steps also need to be pursued, measures that move in these directions but that do not promise more than are immediately political feasible yet can contribute to meeting long-term goals.. [5] We should not neglect the importance of the poverty fixes we already have. Safety-net programs that help families confront food insecurity, housing unaffordability and unemployment spells lift tens of millions of people above the poverty line each year. By itself, SNAP annually pulls over eight million people out of poverty. According to a 2015 study, without federal tax benefits and transfers, the number of Americans living in deep poverty (half below the poverty threshold) would jump from 5 percent to almost 19 percent.[6]

  1. Improving minimum wage laws. Moving towards the ultimate goal of stablishing a standard of living for all that guarantees not only the necessities of life but at a level consistent with a comfortable and secure standard of living and a level commensurate with the productive capacity of society, appropriately organized to fullfill social needs and enforced well enough to prevent destructive competition- among businesses based on how little they pay their workers.
  2. Strengthening workers’ rights, moving in the direction of fair wages for all, including strengthening requirements for fair labor standards in the work place. Encouraging self- organization workers and poor households along diverse lines needing publii representation..
  3. Expanding the public and non-profits sectors, in the direction of recognizing the benefits of using social contribution as the motivation of provision of goods and services, rather than profit to be made by furnishing them, e.g. in housing, health care, education, recreation, transportation, environmental amenities, creative arts.
  4. Terminating public expenditures whose motivation is economic development and growth for their own sake, and focusing them on their contribution to meeting social goals, including provision of socially desired levels of goods and services. Publicly subsidized job creation as part of and motivated by economic development interests will simply benefit employers unless coupled with living wage and decent working condition requirements. Adding a work requirement to the receipt of social benefits is likewise a painfully ironic was of reducing such benefits to their recipients in a system in which if they do not produce profits for an employer, over and above their wages they will not be hired.[7]
  5. Making the tax system strongly progressive, lower at the bottom, higher at the top, moving towards the broad reduction of inequality and targeting them to the encouragement of socially desirable activities.
  6. Weighing the advantages and disadvantages of imaginatively recasting budget priorities, specifically reducing the military budget, funding anew climate -change-centered civilian conservation corps, increasing foreign aid aimed at alleviating conditions that lead to emigration etc.
  7. Recasting the public thinking about the meaning and values of work, the causes of poverty, the values implicit in alternative approaches to inequality and injustice. [8]

In Matthew Desmond’s eloquent words, “We need a new language for talking about poverty. ‘Nobody who works should be poor,’ we say. That’s not good enough. Nobody in America should be poor, period.”  He’s right.[9]

[1] The official poverty rate is 12.7 percent, based on the U.S. Census Bureau’s 2016 estimates. That year, an estimated 43.1 million Americans lived in poverty

 [3] Matthew Desmond, “Americans Want to Believe Jobs Are the Solution to Poverty. They’re Not,” concludes simply: “the able-bodied, poor and idle adult remains a rare creature “Why Work Doesn’t Work Any More,” The New York Times  Magazine, p. 36ff. Available at                             https://www.nytimes.com/2018/09/11/magazine/americans-jobs-poverty-homeless.html

[4]

[5] For a further discussion of the concept of transformative measures, see pmarcuse .wordpress.com, blogs 81a-81e, 97, and 99, Towards Transformative Approaches to Unjust Inequality.

[6] Mathew Desmond, op. cit., p. 49.

[7] Mathew Desmond in a factual, tightly argued, and very persuasive article effectively demonstrates the futility of work requirements attached to the receipt of social benefits. Today, 41.7 million laborers — nearly a third of the American work force — earn less than $12 an hour. the New York Times Magazine of September 11, 2018,

[8] Matthew Desmond, op. cit., writes ”No single mother struggling to raise children on her own; no formerly incarcerated man who has served his time; no young heroin user struggling with addiction and pain; no retired bus driver whose pension was squandered; nobody. And if we respect hard work, then we should reward it, instead of deploying this value to shame the poor and justify our unconscionable and growing inequality.”  And Joanna Scuffs, in a rich and provocative article , writes of ”the slipperiness of the term ”work”, from work  as a daily grind into work as “life’s work “oeuvre, art,  the reason you’re here on earth.” The’Linguistic Chamelion” of Work,In These Times, April  2018, [[. 65ff.

[9] Op. cit., p. 9.

Blog # 117a – Boss Trump and the Uses of Humiliation


Blog # 117a – Boss Trump and the Uses of Humiliation

The manipulation of emotions and their consequences plays a major role in the politics of power i n America today. The emotion of humiliation is a weapon in the hands of Boss Trump, strengthening is power by undermining the resistance to it. Their victims in the broader society litter the landscape of political action. The search for dignity, which may be seen as the opposite of humiliation, is partly in response to humiliation by its direct and indirect victims.  The causes and consequences of humiliation need to be understood by those opposing its human cost.

Calling Michael Cohen “incompetent” as a lawyer is an obvious example, meant to denigrate him and undercut anything he might say. It’s become  standard practice for Boss Trump to let loose twitters aimed at humiliating critics of any of his policies or positions by name. It leaves his victims with a choice between an ongoing contest with someone with a wide audience and a sharp tongue, or endure the humiliation in a silence that is in itself humiliating in its necessity, the choice that Attorney General Sessions seems to be making.  And humiliating his critics directly has a wider benefit for Trump: those witnessing his humiliation of his critics themselves become intimidated by what they see, and restrain any inclination to join in. That they feel thus constrained is itself internally humiliating, and a further defensive reaction can be to accept Trump’s side of the story and persuading oneself of its correctness, a many seem to be doing vociferously at Trump rallies and in interviews. They thus justify a potentially humiliating exchange with an apparent show of support, joining Trump’s reputed hard core loyal base.

But humiliation plays a broader societal role, a role of which Trump is a beneficiary but not a principal cause. It often produces the clichéd “white working class,” response of those who may be active in the work force but still feel insecure, underpaid, working below their capacity or deserts. It can be expressed as a claim to a lost dignity, a feeling of helplessness in conceding to bosses’ power, a feeling that has often fueled labor unrest, but that can also lead to a form of inhibition in its expression by an attribution of the result by defenders of the status quo to lack of ability,  lack of education, laziness, the victim’s own conduct, own fault. That can be a humiliating perception, and because so widely accepted and so insistently reinforced by those in power like but not limited to Donald Trump and his direct entourage, it is also likely to lead to humilitation inhibiting fighting back.

uch self-blaming, such created humiliation and the inhibition to which it may lead is often reinforced by well-meaning critics of the reality it reflects. When Hilary Clinton spoke of “the deplorables,” when the Harvard grads or the lucky investors or those in securely positioned armchairs who view the passing parade and “don’t understand how anyone can swallow Donald Trump’s lies or condone his behavior,” they can easily be perceived as looking down on their fellows, as being members of an elite not recognizing the lived experience of the less fortunate. If many of the “white working class” are emotionally humiliated in the social structure of society as they experience it, so are many of “the elite” inhibited from questioning those social structures that have produced their own advantages for fear of having to face some humiliating causes.  The elite may find it hard to accord to others less well stationed than themselves the dignity that those others feel they also have a right to demand.

Humiliation can also lead to a variety of emotional responses. Opioid addiction, gang membership, street violence, domestic abuse, can  all be read as distorted reflections of a search for a dignity which prevailing relationships do not provide for their  victims.  An unconscious and inhibited identification with the boss can play a role, a desire to be oneself a boss, to have all that freedom which the real bosses have and which they are often faulted for exercising. Such responses often create difficulties of understanding in well-meaning efforts to address their causes

Conclusion: If humiliation is a widespread and debilitating emotion, its existence is not an inherent aspect of human nature. If there is humiliation, there are humilitationees and humilitationors.

When Trump humiliates anyone, what he is doing can be explicitly labeled and condemn as such, without long arguments about who’s right and who’s right in the dispute. Boss Trump can be challenged for simply acting like a bad boss, and who likes a bad boss, even if they’re right every now and then. And if those who are being deprived of their dignity by a bad boss or his lackeys, what is going on can be pointed out without reinforcing it by another form of humiliation in how it is pointed out as a necessary lesson the more well-off need to teach their less understanding others. .

  My thanks to Don Bushnell and Thomas Scheff for the provocation that lead to these thoughts                                                                .          They should not be blamed for the result.

Blog #121 – Immigration and Foreign Policy


Immigration Policy

Letters from the August 13-20, 2018, Issue

Written July 19, 2018 [minor elisions, insertions]

Re The Nation’s July 16/23 special issue, “Needed: A New Foreign Policy”: Truer words were never written. But there’s a puzzling aspect here as well. The one issue that has mobilized Americans politically today—immigration reform—appears only as a minor point [in of foreign policy]. The growing inequality among nations, which is the ultimate cause of the immigration problem, is presented as an aspect of economic growth, or as a blot on our humanitarian values, and it’s both. [Local and national level reforms are urgent, But the causes [of immigration] are international. Shouldn’t it be front and center [a foreign policy issue also?] Only international measures can ultimately deal with it. Yet Trump is strikingly oblivious to its causes.
Peter Marcuse
santa barbara, calif.

The above appeared as a letter to the editor of The Nation. But, apart from the omission of consideration o the relationship between home immigration /emigration issues and foreign policies, there are   a number of other concerns that should be highlighted in any serious reconsideration of foreign policy for the United States. I list only a few briefly here, and hope they will be developed further shortly in the Nation’s 4-part series, which  is still incomplete as I write this,  and elsewhere.

——————————–

What are the practical and political implications of this analysis?

Only to mention a few:[1]

An International Fair Labor Standards Agreement, whose agenda could include wage, working conditions, protection of rights toorganizx, transparency. Possibly integrated into tariff considerations? Environmental standards for goods in international commerce?

An international enforcement agency, with provision for fines for violation as financing?International labor code or standards, and reqilrement for posting on products and disclosure

Tariff policy on goods where code compliance not transparently posted?

International support for right to organize as human right

Spelling out local legal status of rights provisions of international law?

International standards for fair elections, with international  non-recognition of results of non-complying designation of holders of key political offices ?

Major economic development assistance (Marshall Plan (for hight emigration countries)?

An International Fair Labor Agenda?

With an  enforcement agency, and recipient of fines for violation as financing?

International labor code or standards, and reqilrement for posting on products and disclosure?

Tariff policy on goods where code compliance not transparently posted?

International support for right to organize as human right?

Clear, comprehensive, and legally enforceable provisions for prevention of discrimination against members of any group defined by ethnicity, color, gender, or culture.

Minimum standards for public education, with coordinated international assistance?S

Economic development assistance for high emigration countries?

All seen as legitimate agenda items for foreign policy debates and international agreements.

——————————

Clearly pie n the sky, in terms of actual formal implementation. But perhaps useful as a statement of goals and basis for a vision of what an international democratic and humane world order might look like?

To put up against the vision of an international world order led by an “again great America,” whose leadership is voluntarily accepted by the rest of the world, despite its own internal failure to adopt such proclaimed standards or act as an active and open-minded model for others on the world stage?

Not “Americans to make America Great for Americans Again,”  but

But “All Together to Help Make the World Freer, More Equal, and More Democratic for All. Now.”

[1] A number of more detailed and thought-throug of veersions of such a list, intheform of social movement and political and religious and humanistic groups, and deserve coordinated and serious study.

Blog #118 – Explaining “President” Donald Trump’s Behaviour.


Blog #118 – Explaining “President” Donald Trump’s Behaviour.

Recent efforts to explain Donald Trump’s behavior in clinical psychiatric terms are provocative,[1] but may be unnecessary. Democratic U.S. Rep. Ted Lieu is proposing a bill that would require the White House to have a psychiatrist on staff.[2] A petition at Change.org, accusing Trump of mental illness and asking for his removal from office, has been signed by nearly 25,000 health professionals. The New Republic published a story this week speculating that Trump may have an untreated sexually transmitted disease that has led to a condition called “neurosyphilis,” characterized by “irritability, loss of ability to concentrate, delusional thinking, and grandiosity.”

And on Tuesday, the New York Times published a letter signed by 35 psychiatrists, psychologists, and social workers accusing the president of “grave emotional instability” that makes him “incapable of serving safely as president.” Though it is considered a breach of ethics to evaluate or diagnose public figures, they wrote, “We fear that too much is at stake to be silent any longer.” Allen Frances, a former chairman of the Department of Psychiatry at the Duke University School of Medicine. disagreed, calling it “an insult people who have mental illness.”

“President” Trump has simply not been able to overcome his insecurity about “winning” an election in which he received 2,868,686 fewer votes than Hilary Clinton did,[3] in a low-turnout election in which he ended up with less than half of all eligible voters voting for him.[4] And this despite all of his name calling, lying, and not so ethical efforts to undermine Hillary’s campaign, even with the apparent help of his Russian counterpart. Having to face the legitimacy of his election and being labeled “President” Trump may be much more unnerving for him than being called “crooked” Clinton ever was for her. Everyday child psychology may be a simple enough explanation for the conduct a person with such an outsize self-image; a more medically-based approaches may not be needed. Think of the expected behavior of the bully in the sand box when his braggadocio no longer intimidates those subject to it. Perhaps Trump should be treated in the pediatric ward rather than the psychiatric? If not in both?

 

Peter Marcuse

August 2, 2018

[1] California Journal, Robin Acarian, “Talking Trump and mental health,” http://enewspaper.latimes.com/infinity/article_popover_share.aspx?guid=93f3dcf0-698d-42a3-9cdc-bb5070205776

[2] https://www.democracynow.org/2017/2/15/rep_ted_lieu_to_introduce_bill

[3] By Gregory Krieg. CNN December 22, 2016. It’s official: Clinton swamps Trump in popular vote – CNNPolitics https://www.cnn.com/2016/12/21/politics/…trump-hillary-clinton…vote-final final-count/index.html

[4] Why is voter turnout so low in the U.S.? Politics Nov 6, 2016 https://www.pbs.org/newshour/politics/voter-turnout-united-states

Blog #120 — Roe vs. Wade, An Alternate Approach2: Recusal


Roe vs. Wade,  An Alternate Approach2: Recusal

The nomination of Brett Kavanaugh to the Supreme Court has caused much concern among defenders of Roe vs. Wade. They realistically are concerned that that landmark women’s rights decision is in danger of reversal if Kavanaugh is appointed. But that concern should also focus on the actions of President Trump that make a reversal likely, not only on the possible positions of a new judge, whether it be Kavanaugh or another.

Contrariwise, the President’s announcement that he would not nominate anyone to the Supreme Court who would uphold Roe vs. Wade may In fact be a path to protect that decision from reversal for at least the next three rounds of national elections.

The danger of a reversal of Roe vs. Wade is one which Trump has created, and Trump’s involvement may offer the route to a positively desirable solution

Here’s how.

It is inappropriate for a sitting judge to prejudge a case before him, and likewise for a candidate for a judicial position to have a commitment to a particular outcome in any case likely to come before him before hearing that case. We do not know whether Trump asked Kavanaugh for a commitment to overrule Roe vs. Wade, But we do know that  Kavanaugh, in accepting his nomination, knew that  it was made by someone who would not have made it if he believed the candidate would not rule as he had proclaimed was his expressed desire. The appearance is certainly that Kavanaugh would be responsive to that desire. The scale of the controversy about his appointment is testimony to how widely that appearance is shared in the general public.

There is an ethical, constitutional, and just, means of resolving the dilemma that President Trump has created by using his constitutional power of nomination to the Supreme Court to interfere in that Court’s decision in a particular case bound to appear before it . Trump has promised publicly in advance that he would not appoint anyone to the Supreme Court who would support Roe vs Wade. Any person appointed after he made that statement owes his or her appointment to a willingness to prejudge a case that is likely to come before him/her.

Any person then appointed would be required ethically, to recuse himself for consideration of the case n question. The candidate cannot be asked, prior to appointment, what his position would be should such a case arise. Any answer he might give would taint his participation if the case did arise.  The Judicial Code of the United States Code  provides[1], in the section captioned “Disqualification of justice, judge, or magistrate judge,” that a federal judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” And Canon 1, of the Model Code of Judicial Conduct holds that “A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety’.[2] Kavanaugh should disqualify himself from hearing Roe vs. Wade if it comes before him.

So, President Trump, by his attempt to impose an unethical restraint on any appointee in his power to appoint to the Supreme Court has undermined his own ability to achieve his own objective, undermining Roe vs. Wade. Kavanaugh should ethically refuse to accept the appointment unless he first affirms in advance that he will not follow the desires of his appointing authority, an unlikely scenario.[3] The result will be that it will be a court with only eight voting members that will review and decide a new Roe and Wade. Justice will have been served

If, however, Kavanaugh nevertheless accepts the appointment, he may still recuse himself from hearing Roe vs. Wade if it should come before him. If he or she does not, the other 8 members of the Court will have it in their power to ask the new appointee to disqualify himself from joining them in the consideration of that case

If they do not, :a lawsuit might  be filed enjoining the Supreme Court from permitting a new appointment to sit on any case involving Roe and Wade, because of the inevitable taint arising from Trump’s intervention. . If that suit reaches the Supreme Court, it is obvious that the new appointee whose qualification to sit on the case is at issue must recuse himself from hearing or voting on the matter.  That suit will thus again be heard by the other eight sitting members of the bench.

In any case, Roe vs. Wade will have been saved from being put to a vote by a Court                                                    under the unconstitutional pressure of a hostile President’s invasion of the independence established by the Constitution for the Court.

The advantage of focusing on the appropriateness of recusal as a solution to the problem of Kavanaugh’s anti-Roe vote is two-fold. First, to protect that decision in keeping with the Constitutional provisions for separation of powers[4] and the Judicial Code’ provisions on impropriety, and in accordance with intuitive feelings of fairness and justice, with those political consequences.  But, Second, to place the responsibility for the problem squarely on the shoulders of the President, and in fact to go further and prevent his achieving his desires for the rest of any term in office he may enjoy. Any new appointee to the Supreme Court will face the necessity of recusal just as Kavanaugh does. Thus Roe vs. Wade will be better protected at least from any future action of Donald Trumps if a new appointment should again come within his power.

 

[1] Two sections of Title 28 of the United States Code (the Judicial Code) provide standards for judicial disqualification or recusal. Section 455, captioned “Disqualification of justice, judge, or magistrate judge,”

[2] Canon 1 of the American Bar Association’s Model Code of Judicial Conduct.

[3] There are   in fact calls by Senator Schumer  for Kavanaugh to recuse himself because of his own freely-offered opinions about  Roe vs. Wade in a 2017 lower court case (see https://www.vox.com/policy-and-politics/2018/7/12/17564048/brett-kavanaugh-roe-wade-views), and for opinions in another matter, the Mueller investigations, but on the grounds of Kavanagh’s own prejudgment. Those do not rest on the constitutional argument made here.

[4] While Trump ’s commitment to achieve a particular result in a matter before the Supreme Court could well be considered a violation of the Constitution. It is not readily apparent how such a challenge might be made effective other than through the political process.

 

Blog #119 – Roe vs. Wade, an Alternate Approach: Recusal


Blog #119 – Roe vs. Wade and Supreme Court Appointments

Trump’s promise not to appoint anyone to the Supreme Court who would hesitate to overturn Roe vs. Wade is unethical and an act which invalidates any appointee to the Court who if appointed ruled pursuant to it.  It would violate the U.S. Judicial Code and the ABA’s Model Code of Judicial Conduct. Were Kavanaugh to be appointed, he would have to recuse himself from take part in the consideration of that case, leaving the decisions on it in the hands of the remaining 8 court members. And that obligation to recuse himself would be an on gong one, as long as Trump remains in office – an obligation which might be thrust upon him by the remaining members in considerations from which he would need to recuse himself. .

Those concerned about the future of Roe vs, Wade to the next Supreme Court if Kavanaugh is on it are properly barking loudly out of concern, but up the wrong tree. The problem is one which Trump has created, not Kavanaugh, and which an attack on Trump’s involvement offers the route to the best solution: the prospect of a recusal of anyone he nominates from consideration of the case any time within his own term of office. .

for a more detailed statement of the argument, see pmarcuse.Wordpress.com, Blog #120 – “Roe vs Wade, An Alternate Approach: Recusal2,”