A Trial Lawyer's and Patient's Perspective on Doctors and Health Care

So the Supremes, appointed by Republicans, Bush I, Bush II, and three justices appointed by the Donald, who lost the popular vote by 3 million voters and who probably will soon be indicted in Georgia for election fraud, and maybe Federally for a failed coup d’état, have decided that 50 years of precedent be damned, that there is no constitutional right for a woman to make her own reproductive choices. Never mind an entire generation of women who have grown up under Roe. So let’s socially engineer by judicial fiat, what has been law for generations.N Let’s face the facts. The “justices” make up their own minds, and then build a constitutional rationalization to support their position from an infinite variety of decisions throughout the centuries of common law. And by the way, Bush II, like Trump, was also a minority president, except in the anti- democratic electoral college, designed originally to allow slave states to remain so. Our Constitution also ensured that woman and black people could not vote. So all you originalists and textualists can go back to where we were before Roe v. Wade, to that wonderful mid 20th century where segregation ruled, or the early 19th century where slavery ruled. Why not overrule Brown v. Board of Education to keep America white and segregated Justice Alito, that righteous avatar of Catholic abortion dogma rests at one of the pinnacles of governmental power, believes that American women should be the victim of state gerrymandered legislatures, representing a minority of the American polity. When Thomas Jefferson said famously, “keep the preachers away from government,” he surely should have included Alito. Let’s not forget the notion that the court is or should be not politicized. That train left the station in the early 20th century. When FDR’s National Recovery Act was shut down by the conservative Court, a court packing threat from the Democrats in congress caused the conservative majority to back off from shooting down the progressive programs that were to help the nation out of the great depression. The problem is now that there are not enough votes in the Senate to do any such thing because of successful Republican moves to suppress the vote; instead packing the court with ideologues, the most notable of whom is the handmaiden herself—Amy Coney Barrett, whom the Donald picked to fill the seat of a progressive giant, RBG. Never mind the hypocrisy of dissing Obama’s selection of Merrick Garland, not even given a hearing thanks to Mitch McConnell and his lieutenants, including Chuck Grassley, who should be in a nursing home feeding on double doses of Prevagen. Mitch at the helm has seen to our current “Justices”, helped by disinformation emanating from Rupert Murdoch’s FOX news, a money-grubbing Australian oligarch, no better than the Russian ones. Mitch’s net worth has increased ten-fold since he was elected and not on his Senate salary for sure, his wife benefiting from Chinese largesse to and from her uber wealthy family. Oh, and don’t forget Clarence Thomas, a black man who hates his own people, abetted by his wife, Ginny, encouraging the rioters to storm the capitol, sending emails to insurrectionists and GOP party leaders to stop the certification of the vote by the Senate. Thomas is all bent out of shape because of the dastardly leak, impugning the “integrity” of the court. But he will probably not recuse himself on Trump’s appeal if he is convicted of felonious conspiracy to precipitate an insurrection. Other dramatis personae include the repulsive Ted Cruz and the vituperative Josh Hawley, who voted against the purely ceremonial certification of a lawful election, necessary to enshrine the vote. Also, lets not omit a Bronx cheer for Bret Cavanaugh, the beer swilling frat boy, credibly accused of waving his penis in Christine Blasey Ford’s face at his fraternity house, assaulting her. While admittedly a college escapade, it does not speak well to his character. But no matter, he has absolved himself by joining in this sadistic exercise of Republican misogyny. “I like beer, Senator Klobuchar, don’t you?” Cavanaugh hubristically asked the Senator whose father died of alcoholism. No matter, there is no right to privacy in the Constitution, says the red spider veined nosed icon of the religious right. Now, poor women who live in Texas, Mississippi, or other places of enlightened Republican legislators will have to book an airplane flight or drive to a place where it is legal. But wait! They do not have the money to do so, instead they can carry them to term and drop their newly born at the nearest police station or underfunded Mississippi or Texas childcare facility. Thanks a lot, Amy. Perhaps you want to adopt some more children. This whole sordid episode of “Making America Great Again,” curdles the blood even of the most casual observer.

"A house divided against itself, cannot stand..." - Abraham Lincoln From California to New York, from Oregon to Florida, a frightening division has descended upon our country. From rural to urban America, people wonder whether the nation and its institutions can survive this polarity. There have been times in American history that the nation was divided, never more so than in 1860. Throughout that history, there had been bitter partisanship and division. From the heat of the constitutional convention in steamy 1787 Philadelphia, the founders fought bitterly to a compromise that actually welded two nations into one in a constitution which just ninety years later devolved into a insanely bloody civil war, brother against brother, father against son, family against family. A partisan press with countless newspapers and pamphleteers spewed hatred and vituperative allegations against their countrymen both at the founding and throughout the years leading to the Civil War. Twitter has nothing on them. A rural south, an industrializing north, both parts of which employed slavery, regarded Negroes as inferior, abetted involuntary servitude and a racist ethos, challenging even the most enlightened of our citizenry. During the time between the founding and the Civil War forged compromises kept the Union together. The Missouri compromise (1820) and the Kansas-Nebraska act (1854) failed as attempts to reconcile admission to the Union of new states as either slave or free. The Constitution itself had slavery baked in to its original ratification (Article 4 sec. 2.3) imposing that, " No person held to Service or Labor in one State under the laws thereof, escaping into another, shall, in consequence of any Law or regulation therein, be discharged from such service or Labor, but shall be delivered up on Claim of the Party to whom such Service or Labor may be due," Later, the Fugitive Slave act of 1850 imposed the duty on citizens and officials of the individual states themselves to return slaves to their owners or face civil fines, and that persons harboring slaves to criminal penalties. Slave catchers roamed the North, collecting bonuses for bringing slaves in; captured slaves were not permitted a jury trial. Sound like a rickety Constitution? Of course, the 13th, 14th and 15th amendments cured some of that, but still, it took the bloodiest war in the history of the Republic, 700,000 dead and wounded to get the amendments passed and only in the last few years was the Confederate battle flag removed from South Carolina government buildings. The Civil Rights act of 1964, race riots in Los Angeles, freedom riders, political assassinations of civil rights leaders, and a frothing George Wallace standing in the schoolhouse door shouting "segregation forever!" interceded in the 1960s, almost 100 years after the end of the war and ten years after the landmark Brown v. the Board of Education outlawed segregation in the public schools. Well, that same Constitution has given us the Electoral College, a Federalist exercise in balancing the interests of the various states, and which now presents us with a highly undemocratic underrepresentation of large populations, California for instance, with its 40,000,000 people and North Dakota with its 500,000 each carrying two senators. Do the math on fair representation. Yes, I know the House is supposed to do that, but with present gerrymandering, the Democrats are obliged to win by much bigger majorities than Republicans. With Republicans dedicated to disenfranchising voters in Florida, for example, contrary to the will of the voters, Democrats must win votes in far greater numbers than Republicans to achieve a working majority. We now have entrenched minority government. With an unleashed president, sociopathically bound to his vindictive agenda, extreme anxiety pervades the Democratic Party, fearing that this president will be re-elected, boasting that "he alone" is claiming responsibility for the booming economy, acquitted from his misdeeds by a kangaroo court, comprised of quaking GOP senators afraid of tribal banishment to an ignominious gulag of GOP opprobrium, losing their congressional health plans, positions, prestige and power andthe ultimate loss of the dignity which they inartfully tried to preserve. Instead, they have lost it anyway by their surrender to political expediency. We need either a constitutional convention or a huge movement among voters to recognize that the divisions among us are not the result of a political agenda, but instead, tribal cultism. Many of the policy agendas result from identity politics, rural against urban, wealthy against poor, a displaced working class losing out in the battle against inevitable technological displacement, climate change and nuclear proliferation, the greatest threats to the world. A leader who can heal these divisions and create forbearance and a spirit of compromise is what we need more than ever. A president of either party who can understand reality, not phantasmagorical narcissism. It is said that great crises manufacture an FDR, a Winston Churchill, an Abraham Lincoln. Where may he or she be?