Impeach Earl Warren

Most people won't remember the billboards that went up in the states of the old Confederacy and some plains states as well after Brown v. Board of Education overturned Plessy v. Furguson and outlawed segregation in America. Those billboards exhorted people to get behind a movement to impeach the new U.S. Supreme Court Chief Justice, the former Republican governor of California, Earl Warren. Warren had led the court to a unanimous decision that when our Constitution proclaimed equal rights to all men, it meant it regardless of minor distinctions like skin color, ethnicity, and the like. But that upset a lot of people, rich and poor, who thought that equality was fine for those who were most like themselves and inappropriate for those they preferred to hate.

A decade after the Brown v. Board of Education decision one of the things at stake in the 1964 presidential election was implementation of that decision. Senators like James O. Eastland, John Stennis, Richard Russell and Strom Thurmond couldn't hold back the 1964 Voting Rights Act but they could nullify it if right-wing fanatics took the White House. They didn't get their wish then.

When they did finally elect a neo-fascist in 1968 the majority of Americans' popular perception was that all men and women were indeed created equal. Richard Nixon rode into the White House on the disarray of the Democrats following Robert Kennedy's murder and an effective campaign to blame peaceful protesters in Chicago for the police riot that victimized them. But Nixon also rode into office on his "Southern Strategy". That strategy involved pandering to the racists, segregationists, states-rights proponents, Klansmen and the like who'd been loyal Democrats since 1865. Suddenly the scum of American politics were following Strom Thurmond into the Republican Party that had been anathema to them since Abraham Lincoln's first campaign.

Truth to tell, the populist Democrats from the South in the 1920s and 1930s such as Hugo Black, Claude Pepper, Sam Rayburn and others were less concerned about race than they were about economic standing. That concern allowed them to come to an uneasy accommodation with Northern Democrats, whose more liberal views on race were out of sync with that of their Southern constituents, focused on moving America out of the Great Depression. The understanding that the chains that weighted people down had more to do with class than color opened those populist leaders to change. The casually Democratic and casually bigoted voter did not share that openness and were ripe for picking by Republicans cynically eager to heave Lincoln overboard for racist votes.

But Nixon couldn't manage to shove onto the Supreme Court the candidates of his racist backers, the Klan tainted Clement F. Haynesworth and G. Harold Carswell. He did get the Arizona racist, William Rhenquist, onto the court but Southern racists simply couldn't pass muster. The Haynesworth and Carswell fiascoes taught the Republicans that they needed to reframe their arguments and concentrate on subtlety.

They propagandized their position as opposition to "activist judges" and a focus on "the original intent of the framers of the Constitution". In fact, those catch phrases have always been an Orwellian smoke screen for promoting right-wing extremists who would take us back, not just to the Vinson Court of 1952 but to the Taney Court of 1852. Right-wing fanatics like Robert Bork, Antonin Scalia and Scalia's puppet, Clarence Thomas, have no more respect for or knowledge of the "original intent" that they trumpet than they have for the rights of individuals against corporations. They are exactly what they profess to oppose: activist judges, though they are themselves activists for neo-fascism.

The next attempt to neutralize the Supreme Court during the Reagan Presidency narrowly avoided afflicting the nation with Robert Bork. We despised Bork for firing Archibald Cox in 1973 but the reason for keeping him off the Supreme Court was his neo-fascist extremist vision of the Constitution. No one questions the contradiction inherent in the belief that Bork, Scalia and their ilk can use some bizarre telepathy to mystically understand the "original intent of the founders" even as they insist that the Constitution is ossified and unchanging, that things not specifically delineated in it do not exist. There is no right to privacy in the U.S. Constitution because "the founders" (sounds awfully like Star Trek: Deep Space 9, doesn't it?) never heard of personal privacy and were utterly unaware of the concept when they drafted the 3rd and 4th Amendments in the Bill of Rights.

But persistence counts for something. Having packed the court at last with reliably neo-fascist jurists 53 years later, the Supreme Court that couldn't be rid of desegregation by impeaching Earl Warren has now achieved a reinstatement of Plessy v. Ferguson in the Parents Involved in Community Schools v. Seattle School District No. 1 et al. It is an uneasy reversal given that Justice Anthony Kennedy who swallows a great deal of rancid neo-fascist tripe choked on some of the reasoning and consequences that his even more extremist colleagues served up.

As many of us believed when Roberts went before the Senate Judiciary Committee all but wearing a t-shirt that read, "I (heart) Stare Decisis," the new Chief Justice has no compunctions for dragging us back to the 1850s. And that return to segregation if not to slavery is cynically couched in the rhetoric of being "color blind". The irrational explanation for that catch phrase is that if race should not be an occasion for discrimination then ignoring race will magically make racism disappear. One of the requirements for being a right-winger is voluntary an selective disassociation from reality and a kind of magical thinking in which idiocy like closing ones eyes and ears makes bad things go away. The 5-member Supreme Court majority has stuck its collective fingers in its collective ears and intoned "La-la-la-la-la! I can't hear racism!" As if that would make it go away.

Segregation in America was the next best thing to having "happy darky slaves" picking in the "ole cotton fields back home." Had the South been able to completely undo the Civil War it would have done so. The violent opposition to the Civil Rights Movement that culminated in the 1960s proved that. The graves of Medgar Evers, James Chaney, Andrew Goodman, Michael Schwerner, Viola Liuzzo, Martin Luther King, Jr. prove that. The more recent murder of James Byrd proves that the agenda has not changed. At long last Scalia, Kennedy, Roberts, Alito and their houseboy, Thomas, can effectuate that agenda. How they are going to negate the 13th, 14th and 15th Amendments remains to be seen but we can have confidence those who'd sacrifice a mother to save a deformed and non-viable fetus will find a way.