The March in Albany

January 25, 2017

This weekend was busy. The New York Civil Liberties Union, the National Lawyers Guild and others trained people in nonviolence and to serve as observers for the Women’s March on Washington, including a couple of training sessions at Albany Law.

Saturday I joined the Inaugurate Resistance March here in Albany. People joined the crowd from every direction, walking toward the planned start of the march. With so many people it was long before I saw anyone I knew. State Senator Neil Breslin commented to me that a march of this size had never happened in Albany. The only numbers I’ve heard seemed much too conservative – this was really big.

I saw speakers and marchers from women’s groups, Citizen Action, Upper Hudson Planned Parenthood, the Coalition Against Islamophobia, labor unions, religious leaders, community service groups, gay rights groups, and many others.

Eventually I ran into friends who’d served in the Peace Corps, or been mainstays of activism in this area. I got close enough to the rear of the platform to see the back of speakers’ heads.

A common theme was solidarity across all the causes we each primarily work on. United we stand and can protect each other. Divided we fall; we’re all vulnerable separately. All for one and one for all.

When John Dunne wrote the immortal lines, “Ask not for whom the bell tolls, it tolls for thee,” he wasn’t whistling dixie. Our welfare is bound to each others’:

  • Slavery to northern workers was both morally indefensible and a threat to their own livelihoods.
  • Sweatshops bring down everyone’s paychecks and safety.
  • Minimum wages affect everybody’s wages. It’s about whether some people can take advantage of other people, and us.
  • Abuse of women threatens our families and our children – do I have to count the ways?
  • Abuse of any of us – racial minorities, immigrants, gays, lesbians and the trans-gendered, any of us – threatens all of us.

Treating people like trash threatens us all – by example, not to mention their business, their support for us, and the damage to all of us of making some people desperate – desperate for jobs at any price, desperate for food, clothing and shelter for themselves and their families, at any price. Desperation threatens everything and everyone.

The folks at the Inaugurate Resistance March got it. We celebrated our inter-dependence and we cared about each other. I like to quote the ancient Rabbi Hillel who asked the people, “If I am only for myself, who am I?” In that crowd I enjoyed the reaffirmation of our mutual concern. Need I point out for the doubters that a major reason for our country’s success was our ability to work with each other – it matters that we see each others’ humanity, brotherhood and sisterhood.

But that cannot be enough to deal with the blowhard in Chief. The Tea Party’s example was its organizing. Their targets were primaries to take over the Republican party and publicity to take over the public agenda. Obviously it worked. And it will work for liberals too.

It must. Obama’s election was a major step toward a just, decent world. The blowhard-in-Chief is poised to take the brotherhood of mankind apart. It’s our job to make that fail, never to be resurrected, and drive its proponents out of American politics. It’s our job to keep in touch, stay united, publicly push for a decent America until the racist blowhards are sobbing in their caves. We’re the majority and we’ll make OUR muscle felt.

— This commentary was broadcast on WAMC Northeast Report, January 24, 2017.

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Scalia’s Legacy

February 14, 2016

As my dear friend Vincent Bonventre has written, “All good Americans are saddened by the news that Justice Antonin Scalia has died.” But this is also a moment to consider his role on the Court.

For me, the principal fact is the disclaimer by Justices Thomas and Scalia that democracy has anything to do with the work of the Court. He was consistent. Stopping the counting of votes and overruling democracy in Bush v. Gore, repeatedly deciding that gerrymandering could not be determined by the courts, voting to limit access to the ballot, and overriding legislation designed to protect the equal right to vote where it had been most flagrantly denied. And of course Scalia joined the majority in the infamous Citizens United decision.

These are all part of the Court’s Republican tilt in recent years. This has not been a Court for all Americans, enforcing fair and neutral ground rules for everyone, but specifically a court with its foot on the scale making sure that the Republicans win, the Republicans control the Congress, and Republicans place an imprint on the law.

In the coming term, there are cases awaiting decision that will decide whether an independent, non-partisan commission can be charged with redistricting, what counts as gerrymandering and what is barred as retrogression in minority rights under the Voting Rights Act, among others. The Court in similar cases has been governed by a 5-4 conservative majority. In the present term, it is unlikely to be able to decide many of them, leaving lower court decisions intact, but not setting precedent for future cases. In effect, whatever the lower court decisions, the questions will remain open for the Supreme Court to decide in the future when it is back to full strength or otherwise has a majority that can reach a decision.

There are other areas of law to consider. Justice Scalia has been a consistent member of a pro-business majority that has emasculated consumer protections in state law as I have described in my new book. He also wrote the decision that emboldened gun-rights radicals to intimidate federal officials, fought against rights for gays and lesbians, and helped block even the mildest of efforts to integrate public schools.

Political scientists tell us that those are all areas which have a great deal to do with the stability of democratic regimes, a subject on which I will write most in a future post.

Scalia’s sincere emphasis on textualism sometimes led him to support “liberal” outcomes as George Kannar long since demonstrated. But most of his decisions tracked conservative views far more than textualism or originalism would have supported.

So Scalia’s absence will make a big difference on the Court. The long run implications, of course, are up to the President and the Senate. No need to repeat all the scenarios here. But whether the Court can be turned before doing more damage matters a great deal to the future of the republic. Stay tuned and, of course, plan on voting for president and senators.


Polygamy and American Constitutional Law

January 7, 2014

A conversation on The Roundtable convinced me to address polygamy. A judge in Utah decided that state could ban formal legal polygamy but could not ban people living in comparable arrangements without formal legal sanctions. Some people argue that legalization of polygamy follows from constitutional protection of gay and lesbian relationships. If one consensual relationship is OK, therefore so are all the others. That is a mistake. The law does not work that way.  Read the rest of this entry »


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