Ketanji Brown Jackson nomination to the US Supreme Court echoes our eternity
- Leonel Morejón Almagro
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Ketanji Brown Jackson nomination to the US Supreme Court echoes our eternity
31 Mar 2022 17:31 - 03 Apr 2022 18:50
To my mother Mercedes Almagro:
We are in a land where judiciary qualified black women are nominated to its highest court and your granddaughter Leiris lives in the United States enjoying her freedom. Death found you in Havana, but this moment belongs to you as well and to any son and daughter of a black woman. Actions that make us better echo in eternity.
To my mother Mercedes Almagro:
We are in a land where judiciary qualified black women are nominated to its highest court and your granddaughter Leiris lives in the United States enjoying her freedom. Death found you in Havana, but this moment belongs to you as well and to any son and daughter of a black woman. Actions that make us better echo in eternity.
The action and its echoes
Nominating and ratifying Judge Ketanji Brown Jackson for a position as Justice in the Supreme Court cannot come at a better time because it confirms that Russia and China are incapable to offer the world an ethereal but invaluable substance. Freedom as a civil construct is the latent power of citizens to strive for equal rights and protections under the law. It is access to justice, procuration of happiness, acquisition, and conservation of property, expression, manifestation, and self-determination inside a common good. The United States is the land of exceptionalism because of Freedom.
Freedom in our exceptionalism is based on solid democratic principles in a land where imperfections are part of the construction, but where the builders keep correcting those mistakes using the light and the strength of our constitutional democracy. The phrase “only in America” is a trivialized expression that defines greatness that can only be reached in an exceptional democratic nation.
Homunculus Putin challenged the world order counting on China's recently achieved economic power. However, his real intentions are to stop the success of democracy in Ukraine, Belarus, and other nations. He accomplished this under the disguise of shortcomings by all the sides involved in the arm nuclear race.
However, Putin’s mind lacks the ability to calculate that even in our weakness, America’s democracy and the countries adopting democracy are inherently resilient. Democracy rests its strength in people because once you have known freedom, losing it is worse than death. Putin miscalculated the Ukrainians. He also miscalculated the Americans, the Europeans, and the rest of the free world.
Paradoxically, Putin and his allies are trying to undermine our democracy’s strength by feeding the troubles in some of our domestic social issues. Racism is one of them. United States Attorney General James P. McGranery wrote an Amicus Curiae in 1952 to the Supreme Court in support of BROWN V. BOARD OF EDUCATION. The plaintiffs in that lawsuit were looking for protection under the Fourteenth Amendment against segregation in Public Schools based on race. The plaintiffs finally got a resounding victory in 1954 when the Supreme Court sided with them allowing American blacks to share classrooms with American whites. Attorney McGranery citing the despairing conditions under which the negroes lived at the time in our nation’s capital affirmed in his Amicus Curiae “this city is the window through which the world looks into our house.” He lamented that black people were denied basic services, but once it was established that these people were not Americans, but foreign persons they were “accommodated” as regular white citizens would have been treated. Attorney McGranery determined that “the existence of discrimination against minority groups in the United States has an adverse effect upon our relationship with other countries.”
Complexity is part of every historical issue, and great lengths of progress have been made since 1964 when Congress passed the Civil Rights Act. Nevertheless, it is extremely hard to grasp (even after an apology) that a Republican Senator would dare to go this low around the time of Judge Ketanji Brown Jackson confirmation hearing. Dismissing the rights of people to inter-racial marriage seemed catatonic politics. Even, loonier considering that the interviewer informed the Senator that such a right was confirmed in LOVING V VIRGINA (1967) by the Supreme Court. Please read the news in www.rollingstone.com/politics/...-be-illegal-1325336/ - Republican Senator Says Supreme Court Should Have Never Legalized Interracial Marriage.
Russia tried to sour America's relationships with other countries, since the times they called themselves USSR (Union of Soviet Socialist Soviets), and they were competing in the space race, nuclear weapons, and kitchen fights. However, the biggest threat (besides an apocalyptic nuclear war) was, and it is the assault on our representative democracy as a social, political, and economic construct. Trying to undermine our political system is a priority of authoritarian states because freedom is a tremendous threat to tyrants.
It seemed that capitalism won after the Berlin Wall finally came down, and the Soviets destroyed themselves. Nothing is further from the truth. There is a new strategical low-intensity war between China, Russia, and the United States that cannot be described as “cold”, but as a “moist war” at best. Hence, J.F. Kennedy’s speech in 1963 about race relations during the cold war is a vital reference for today’s struggle in keeping America's greatness and its role as an inspirational world leader. Kennedy affirmed “we are committed to a worldwide struggle to promote and protect the rights of all who wish to be free. And when Americans are sent to Viet-Nam or West Berlin, we do not ask for whites only. It ought to be possible, therefore, for American students of any color to attend any public institution they select without having to be backed up by troops.” The main historical lesson taught is that America must lead by example to secure democracy prevail in its battle against tyranny.
The rhetoric of the cold war was a reason (causality) for the success of the civil rights movement. The History book “The American Yawp” concluded that America was facing a dilemma of preaching about the alleged superiority of democracy when a significant part of Americans was deprived of participating as equals because of their color of skin. The book illustrated that such issues were not exclusive to the 60s. Black soldiers coming back from WWI were massacred at Tulsa, Oklahoma where a whole financially prosperous community was mobbed because of their race. In other parts of the country black Americans who served in WWII as veterans were lynched and executed without due process. However, these two documents show a change over time in the federal answer to the same problem. Before the massacre in Oklahoma was ignored, the abuses against blacks and minorities soldiers who returned from WWII were tolerated. Later, the response changed around the time the political risk was too high. The Soviets were threatening the mere existence of capitalism as a concept, and democracy as a governability principle.
In the movie “Gladiator”, Maximo a roman general, tells his soldiers before going to battle: “What we do in our lives echoes in eternity.” In 2022 America is under assault from a wrongdoer attacking the most sacred institutions of our democratic system. A wrongdoer who makes noises and impacts the political scene by attacking the credibility of the Judicial System, the Electoral System, and our Free Press. So sinister are the echoes that democracy is shaking.
Three Cuban American Senators at least had the dignity to criticize such harmful noises when they direct a barrage of attacks on a Spanish Judge alleging “A Spanish Judge was unable to be unbiased because of his heritage. Then, the “noise” become President and connivance and disgraceful silent has marred the truth. Please see www.wsj.com/articles/donald-tr...opwebshare_permalink . AND www.phillyvoice.com/menendez-r...speech-senate-floor/ .
Ironically, the main source of such pervasive noise is not (to the best of our knowledge at this moment) the Russians, the Iranians, or the Chinese foreign intelligence. It is our own Donald J. Trump who is leading the most unethical, deceptive, and unpatriotic campaign that our Republic has faced. People supporting Mr. Trump are using his "word" as evidence that our elections are "rigged.” Analogous political behavior is ingrained in totalitarians countries such as Cuba where “commander” Fidel Castro’s words were a source of reverence, blind loyalty, and elevating a man over a homeland. In Cuba, Fidel’s followers put his likeness everywhere and the phrase “this is your home Fidel on every door”. In the United States, Mr. Trump’s likeness is on the American flag of many of his fans. He is even on a flag. Moreover, his followers are accepting his words as a dictum of truth.
Nevertheless, such extreme arguments as “rigged elections”, “massive and general fraud”, and “corrupt 2020 elections” are a present danger to our world leadership. Sadly, the Republican Senator claiming Cuban heritage who with such passion attacked Judge Brown Jackson's well-earned judicial credentials never had used half of that energy to condemn Mr. Trump’s debunked deceptions.
Mr. Trump used a similar argument when he ran for President first time. However, after he won the election such complaints of fraud disappeared. Now, that Trump is a loser, it seems that his prophesy about a “rigged election” finally happened. Therefore, his family, political allies, and supporters are going postal. Anyone who dares calling out this danger is leveled as cheaters, far lefties, and communists. There is not a visible victim here, but Democracy itself.
All the basic institutions have been sullied by President Trump. Nothing matters, but to win. This pernicious political style translated in a bad precedent for Judge Brown Jackson's judiciary hearing in our Senate. That hearing helped a dangerous trend of converting such a solemn moment into all-out open partisan war damaging even further the independence of the Judicial Branch.
The damage is done. I do not know if Mr. Trump is joined "by the hip" with Mr. Putin to destabilize America. However, what I know is that Putin, Ortega, Maduro, Lukashenko, Diaz Canel, and all dictators out there are going to use Mr. Trump's "rigged" election falsehoods. For a long, they have tried to diminish our democratic values, now a local is helping them to open sores on the side of our beloved Republic. The Judiciary is becoming the latest target of this inside job and discredit. It is a self-inflicted wound. An underserving gift to our enemies. American enemies trying to destroy United States ' leadership role in the international community are loving this nonsense because eased their efforts in creating a new world order. A world where their “totalitarian” version of governability is established as a respectable alternative to representative democracy.
Many useful idiots are helping them. After all, a big chunk of our people are affirming our system is a bad one. It is rigged. They are also saying that most of our news outlets are fake and unreliable. Following this fallout logic of their leader would entitle accepting that our Supreme Justices and Judges are incapable of ruling based on the rule of law, and our democratic traditions and customs because as the accuser of Judge Curiel assumed Judges are incompetent to rule using a jurisprudence ethos because they are fatally linked to their race--- biases. Judging the line of inquiring by Senators a Judge could be banned of joining the Supreme Court if they failed to define a woman at a moment where that definition could negate another woman to exist. Sex identity is not just a semantical issue. Hermaphrodite is not just a mystical creature.
Following the same absurd logic, several white Republican Senators attacked this magnificent black woman Judge despite her amazing legal expertise qualifications. Judge Brown Jackson a former Public Defender, a person who has been already ratified twice by the Senate for the Federal Bench was the object of a vile line of attack based on platitudes and misreading of the complex issues of judicial discretion in sentencing. They accused her of being “leftist” because she used judicial discretion and compassion. Other attacks were plain vulgarities, and indignities just aimed to increase polarization.
There was not an assertion, but aggression and bad faith in these hearings on the Republican side. No one is arguing that Republicans should stop in these hearings to advocate for the unborn, the death penalty, or other issues that are tenants of Republican orthodoxia. Nevertheless, Judge Brown Jackson's Senate Hearing was a shameful misfire. A pathetic circus showing an elemental lack of grace. Conservatives would still have a vast 6 to 3 majority on the issues reaching the Supreme Court regardless of Judge Brown Jackson's confirmation. Nevertheless, they did not hesitate to smear this woman who is an incredible super achiever legal expert in front of his white husband, her mixed daughters, and this whole mixed nation. As a son of a black mother, Senator Booker’s words moved me to tears. As a Cuban American black man, Senator Cruz’s words moved me to despair.
Jack Levine founder of the advocacy group 4th Generation institute affirmed “Advocate with assertion, not aggression. Free speech is not an invitation to be offensive. Responsible advocacy requires thoughtful strategy, practical solutions, and effective conversation. Clear and consistent communication with allies and adversaries alike sets the stage for progress.”
It seemed that capitalism won after the Berlin Wall finally came down, and the Soviets destroyed themselves. Nevertheless, the historical context is similar today, China is still communist, and it’s bringing political extinction over Hong Kong by destroying freedom and civil discourse in that prosperous society.
China is using Russia while courting India trying a take over as world leader. The Russians sadly did not find democracy after the fall of the wall, but tumbled themselves into the trap of a maniac wanting to be tzar who cares more for his blunt obsessions for past communist glory. In this historical context, President Biden’s nomination of our first qualified black woman for the Supreme Court should have been embraced because his nomination echoes greatness in a common destiny. Advocating with assertion, not aggression is a fundamental need in our current political discourse.
Instead, a group of American Senators chose pettiness. If they tried to avoid racism by mentioning that other conservative Judges were attacked for other positions in prior mistakes that narrative does not justify their detestable behavior. Because this was the first time for an eminent black candidate who is beyond question to qualify for such a position in the Supreme Court. Because this is a first doable opportunity. The Republican Senator’s behavior at that hearing created a subtle “Elizabeth Eckford” moment, and they ended up looking racists as hell. One image is worth a thousand words. Little Rock 1957 was a day of shame for America. Please see in hotelworkers.org/about/history...the-little-rock-nine . Republican Senators' behavior in Judge Brown Jackson’s hearing was a shame as well.
However, the biggest contingency issue is still unanswered. Indeed, the more dramatic one at this point in our history. A few days ago a very close ally of President Trump, Alabama Republican Congressman Mo Brooks went public and confirmed that Donald Trump asked him to “rescind” the 2020 elections, remove Joe Biden from the White House and reinstate him. Please read the news at www.theguardian.com/us-news/20...escind-2020-election . I am still waiting for Senator Cruz, Senator Graham, Senator Hawley and Senator Blackburn, and other Republican Senators to come together and forcibly condemn such anti-democratic behavior.
Now, we are breaking at the seams because we are doubting ourselves from the inside. Let’s open the window to show our real greatness. Let’s come together and create the right noises. The noises that will echoes eternity confirm freedom.
Personally, it is a beautiful moment as a black American to see Judge Brown Jackson nominated. In the memorable words of my dear black mother Mercedes Almagro, I can only wish Judge Brown Jackson “Ache” (*Blessing intended for good fortune in the Afro-Cuban religion of Santeria) and with pride give her my total and complete support. It is a moment that I owned to a white President, and to other many whites Democrats, and Republicans that surely would have done so much better at that hearing if given the opportunity. Racism it is not a party problem. I have many Republican friends and co-workers who I deeply admire, and love and they love me back.
Currently, still millions in our country are believing that our democracy does not work anymore because it was cheated at elections. Their conviction is that President Biden was not the legal winner. Vulgar, and extremely coarse language disrespecting a seating president has become mainstream in a political party that presumes of caring for children’s education and family values. Regardless, the facts are plainly confirming that President Trump’s accusations are just myths, ludicrous fantasies, and irresponsible political speech.
The question before Americans is one. Would this new powerful dilemma destroy our greatness? Just time would tell, but one thing is for sure, if we want to continue to preach freedom around the world, we cannot keep doubting freedom at home.
Last edit: 03 Apr 2022 18:50 by Democracia Participativa.
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