Essays

11/03/18

Kavanaugh and SCOTUS: The Long Game

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For the Republican Party -- not only the hard-right but the supposed moderates as well -- Kavanaugh must be confirmed. Only, it's not for the reason that everyone thinks. Despite his flaying in last week's bloody gender battle, the GOP's SCOTUS power play has nothing to do with overturning Roe versus Wade. It's about maintaining power. And money. And the power to make gobs more money, with which to solidify power. And the vast majority of cases the Supreme Court will rule on in the next term are about precisely that. There's only one Roe. There are dozens of cases about power and money on the docket. Decisions by the next court bear, as they often do, directly on the relative rights of the powerless and the powerful, including questions like: when companies can require arbitration and avoid the court system; when and how class action suits may be filed; issues involving Native American claims to public lands; and how much immunity international corporations are due inside the United States. (Interested parties can peruse the SCOTUS 2018-2019 docket. You will not find the word Roe.)

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