Cannot stop posting about the election

Louis Proyect lnp3 at SPAMpanix.com
Thu Dec 14 08:46:28 MST 2000


>BTW could someone please post something on Scalia.  He is mentioned in
>Michael Moore's post.  I have read the stuff on him on the CNN site.  He
>seems to the key right winger on the Court.  Isn't Thomas a real turd,
>though?  Even the CNN profile of him cannot disguise his true nature.
>
>regards
>
>Gary

RWWATCH -- December 10, 2000 (please forward)

I suspect that most of you were not surprised by the decision of the US
Supreme Court to stop the recount, given the appointment of several
conservative activists to the Court, as noted in my email of 12/8/00 on
judicial bias.

I did some fact-checking today and came up with some more info on the
Federalist Society, a nonprofit organization with a multi-million dollar
budget, initially founded in 1982 on three college campuses (Harvard, Yale,
and U of Chicago).

Some of the new facts:

1) The faculty advisor to one of the original Federalist Society chapters
was none other than Antonin Scalia, who is now one of the most right-wing
members of the Supreme Court. (See the Washington Post, Dec. 12, 1986, p.
A23).

2) Though the Society consisted only of a few student chapters initially,
it quickly attracted right-wing grants and grew its budget to $400,000
after only 3 years.

3) The Society was intimately involved in choosing judges and Justice
Department staffers in both the 2nd term of the Reagan-Bush Administration
(1985-9) and the Bush Administration (1989-93). see
http://www.communityrights.org/chapter3.html. Pretty good for a "student"
organization!

4) One of the most active Federalist Society board members appeared on
several networks today (12/10/00) on behalf of the Bush campaign. This was
White House Counsel (Under Bush) C. Boyden Gray. According to the web site
listed above, Gray called upon one of the Federalist Society cofounders
formerly advised by Scalia, Lee Liberman, to test the "ideological purity"
of proposed Bush judicial appointees.

Gray is one of the many heirs to the R.J. Reynolds tobacco fortune. He was
the chair of the Washington Chapter of the Federalist Society and he is now
the chair of the board of Citizens for a Sound Economy, a pro-business
lobbying group that is funded by tobacco and coal companies, and by Microsoft.

You can read more on C. Boyden Gray's corporate ties at:

http://www.nlg.org/news/0003_landay.html

http://www.cleanairtrust.org/release.091800.html

http://www.onlinejournal.com/Justice_in_America/PublicI090600/publici0906

http://www.onlinejournal.com/Justice_in_America/PublicI090600/publici090600.
 html

5) Several news commentators have implied today that the decision was split
along party lines; in fact it was not. The minority included Republican
appointees John Paul Stevens and David Souter.

THE CATCH-22 SITUATION

One final comment about the initial US Supreme Court (USSC) ruling on Dec.
4, throwing the decision back to the Florida Supreme Court (FSC).

The USSC ruling said to the FSC that any recount had to be based on the
existing Florida recount law. Of course, the law is a bit shaky in that it
leaves the determination of the standards used to determine a "voter's
intent" up to the local county canvassing boards.

If the FSC asked for a statewide recount under a single standard, the USSC
would likely have overruled the FSC. They would have simply recited the
standard Federalist Society line: that any court action to improve upon an
incomplete law is "judicial activism", "overreaching," or "making new rules
after the fact."

Instead, the FSC asked for a statewide recount under the existing law that
gave counties local autonomy. For this, the FSC has now been chastised by
Justice Scalia and others for ordering recounts without a common standard.
(Incredibly, the Bush legal team is even basing its argument on civil
rights provisions of "equal protection" in the U.S. Constitution.)

Damned if you do; damned if you don't. A classic "catch-22" situation.

The Supreme Court could regain credibility as an arbiter seeking a fair
outcome by allowing a statewide manual recount of all the "undervotes"
under a single uniform standard. But given all of the prior history cited
below, it seems likely that their main objective is simply to put George W.
Bush into office.

-rich cowan

P.S. RWWATCH intends to continue after the inauguration, publishing alerts
to shine a light on some of the facts the new administration is trying to
hide. Please help out by circulating this alert, or by making a
tax-deductible gift to the Organizers' Collaborative (www.organizenow.net),
the fiscal sponsor of this project.

To receive RWWATCH (5 emails a week) please send a blank email to
rwwatch-subscribe at topica.com.

[Note: The phrase "Catch-22" came into common use as a result of a 1961
antiwar book by Joseph Heller. Here is an

excerpt, from http://www.webster.edu/~barrettb/heller.htm :

"There was only one catch and that was Catch-22, which specified that a
concern for one's safety in the face of dangers that were real and
immediate was the process of a rational mind. Orr was crazy and could be
grounded. All he had to do was ask; and as soon as he did, he would no
longer be crazy and would have to fly more missions. Orr would be crazy to
fly more missions and sane if he didn't, but if he was sane he had to fly
them. If he flew them he was crazy and didn't have to; but if he didn't
want to he was sane and had to. Yossarian was moved very deeply by the
absolute simplicity of this clause of Catch-22 and let out a respectful
whistle. 'That's some catch, that Catch-22,' he observed. 'It's the best
there is,' Doc Daneeka agreed." ]

Organizers' Collaborative PO Box 400897, Cambridge MA 02140
org-c at organizenow.net www.organizenow.net

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Organizers' Collaborative PO Box 400897, Cambridge MA 02140
org-c at organizenow.net www.organizenow.net

[This message was sent via RWWATCH, a low-traffic forum that responds to
right-wing campaigns (coming from any party) to misrepresent the truth in
order to undermine democracy.

info page: www.topica.com/lists/rrwwatch subscribe:
rwwatch-subscribe at topica.com unsubscribe: rwwatch-unsubscribe at topica.com]

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Louis Proyect
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