The Worst Justice Ever - Robert Reich
(snip)
Last Wednesday, Thomas gave a rare public address at the University of Texas in Austin that began as a banal tribute to the Declaration of Independence before degenerating into a misleading screed against progressivism.
At the beginning of the 20th century, a new set of first principles of government was introduced into the American mainstream, Thomas intoned. The proponents of this new set of first principles, most prominently among them the 28th president, Woodrow Wilson, called it progressivism.. Thomas went on to blame progressives for the worst crimes of the 20th century, insisting that Stalin, Hitler, Mussolini, and Mao were all intertwined with the rise of progressivism, as was racial segregation, eugenics, and other evils.
This is pure rubbish.
In reality, Americas Progressive era emerged at the start of the 20th century from the corruption and excesses of Americas first Gilded Age (were now in the second, if you hadnt noticed) its record inequalities of income and wealth, its robber barons who monopolized industries and handed out sacks of money to pliant legislators, its dangerous factories and unsafe working conditions, its violent attacks on workers who tried to form unions, its corporate control over all facets of government, its widespread poverty and disease, and its corrupt party machines.
In many ways, the Progressive Era whose most prominent leader was Republican president Theodore Roosevelt, not Woodrow Wilson, by the way saved capitalism from its own excesses by instituting a progressive income tax, an estate tax, pure food and drug laws, and Americas first laws against corporate influence in politics.
(snip)
Clarence Thomas got it exactly backward. Had we not had the Progressive Era and its reforms extending through the 1930s, America might well have succumbed to fascism as did Germany under Hitler and Italy under Mussolini, or to communist fascism, as did Russia under Stalin. Progressive and New Deal reforms acted as bulwarks against the rise of fascism in America. In fact, its been the demise of such reforms since Ronald Reagan that have opened the way to Trumpian neofascism.
More..
https://robertreich.substack.com/p/the-worst-justice-in-modern-supreme
question everything
(52,244 posts)Flashback: I was in law school in 1973 when the Supreme Court decided Roe, protecting a pregnant persons right to privacy under the 14th Amendment to the Constitution.
Clarence Thomas was in my law school class at the time, as were Hillary Rodham (later Hillary Clinton) and Bill Clinton.
One of the principles guiding those discussions is called stare decisis Latin for to stand by things decided. Its the doctrine of judicial precedent. If a court has already ruled on an issue (say, on reproductive rights), future courts should decide similar cases the same way. Supreme Courts can change their minds and rule differently than they did before, but they need good reasons to do so, and it helps if their opinion is unanimous or nearly so. Otherwise, their rulings appear (and are) arbitrary even, shall we say, partisan.
In those classroom discussions almost 50 years ago, Hillarys hand was always first in the air. When she was called upon, she gave perfect answers whole paragraphs, precisely phrased. She distinguished one case from another, using precedents and stare decisis to guide her thinking. I was awed.
My hand was in the air about half the time, and when called on, my answers were meh.
Clarences hand was never in the air. I dont recall him saying anything, ever.
Bill was never in class.
Only one of us now sits on the Supreme Court. And he has shown no respect for stare decisis.
walkingman
(11,000 posts)and remember some of the people I met and how their lives progressed, I am always amazed. I hung with a young guy in my 20s who was a big gambler and actually convicted of mail fraud in the early 70s who went on to become one the wealthiest people in Texas.
Your reference to the "Gilded Age" hit home for me. I was just thinking the same thing. We are throwing around billions these days like chicken feed. I just don't see how this can end well.