179 Comments

In sickness, Robert wrote the finest summary of this horrendous week. Feel better Robert. We need you for our sanity.

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I completely agree with Noreen. Thank you not only for the article, but for your way of reminding us not to panic because the evil-doers are busy trying to ruin our country. Strong word, I know, but I think this is where we are. I hope you rest this weekend, with Jill who is also sick, and start to feel better soon!

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It isn't just "fetal" personhood that Judge K is pushing. He won't use the word fetus because it is just "one" term for the stages of growth in the womb. He wants ZYGOTE personhood, even before implantation. Under this rule, failure of the zygote to implant could result in charges against a woman for somehow not taking due care to achieve implantation.

See footnote one of the opinion:

"Jurists often use the word “fetus” to inaccurately identify unborn humans in unscientific ways. The word “fetus” refers to a specific gestational stage of development, as opposed to the zygote, blastocyst, or embryo stages. Because other jurists use the terms “unborn human” or “unborn child” interchangeably, and because both terms are inclusive of the multiple gestational stages relevant to the FDA Approval, 2016 Changes, and 2021 Changes, this Court uses “unborn human” or “unborn child” terminology throughout this Order, as appropriate."

Forgettabout the fact that many may have a sincere religious belief that life becomes human at some other point in gestation. "Sincere religious belief" works for only one branch of one religion, clearly.

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I wonder how many people realize that this opinion could be used to make most contraception illegal. IUD's don't prevent fertilization; they prevent implantation. Even birth control pills could be affected. If "the pill" doesn't prevent conception, it makes implantation of the zygote almost impossible.

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Ouch. There you go, murder by birth control. That could be done right now in states with "life from conception" laws, particularly those with "bounty" laws. Most of those laws don't affect the woman herself. But need a spare 10K? Check out someone's bathroom at book group and sue the pharmacist or the doctor who prescribed the pills. Though most birth control pills prevent ovulation, some apparently do prevent implantation. So, to get an easy 10K, Do Your Research.

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The way it was explained to me many, many years ago is that birth control pills prevent ovulation, and thus conception. But, the pills also make the uterus a less hospitable place for implantation by limiting the development of the lining every month; hence the lighter periods that most women get while on the pill. That way, if an egg does somehow get produced and fertilized, it is basically trying to implant in a desert.

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Apr 8, 2023·edited Apr 8, 2023

All of which is irrelevant to the the rabid anti-birth control crowd. They only see a woman's womb as a machine for spitting out the proto-humans that their god has placed there. Any measure that interferes with that "holy" process is abortion of the unborn, and a violation of god's command to be fruitful and multiply like crazy. By the way, don't pause to enjoy it. That's a no-no, too, and they're watching.

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good to know. Google only turned up "may prevent implantation."

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May I make a suggestion? When looking up anything about women’s reproduction or reproductive health, use a non-traceable search engine like ‘Duck Duck Go’. Share this recommendation to all your friends, relatives, daughters, children, granddaughters, etc. Don’t think for a second that big brother isn’t watching.

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good advice in general, though I doubt anyone will come after me at 79.

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Actually DDG isn't as private as everyone thinks. I recommend using a VPN like Express VPN, CyberGhost, Private Internet Access, NordVPN, or Surfshark.

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I have Duck, Duck, go on all my devices.

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#banviagra #banwavetherapy - it's just nature taking it's course, amiright?

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DeSantis has twice vetoed funding for long-acting contraceptives for low-income women, as “ordered” by the Florida Catholic Conferenece.

https://floridapolitics.com/archives/529498-veto-list-gov-ron-desantis-vetoes-long-acting-birth-control-funding-again/

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That's the whole point, the criminalization of birth control.

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No words.

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Sooooo, does that mean if a man masterbates, he is literally killing thousands of babies (zygotes)? Asking for a friend…🧐

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Well, yes, if Biblical passages are one's moral guide. Cf: "Spill not your seed..." And of course, not too many decades ago, women had nothing to do with conception other than incubating the little homunculus, a microscopic human in every sperm.

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They should be be stoned. If women need to die needlessly because of their misunderstanding, then I guess all is fair.

BTW, my friend had the same question....🧐

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No because a zygote needs a meeting--but potential zygote, yes. And if potential life, why not potential zygote.

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founding

Susan, this is an important post. Thank you for providing this clarification. It makes clear (as though we needed more clarity) just how dangerous this and many other decisions are to the wellbeing of women and society. Thank you.

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And I have to feel that the eptopic pregnancy I had in 1977, that was resolved with surgery (and also lost a tube and ovary in the process) would be considered illegal today, making my carry until it ruptured, possibly causing me to bleed out. I guess that's ok.

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No, it isn't, and any religion that thinks it's okay to kill women because of a biblical text is not worth following.

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apparently it is to those who are convinced that only their Truth is correct.

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“Sincere religious belief” is crap. Zygote warriors want power and control, period.

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This year, Holy Week became "Holy Hell Week."

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Yup. and as a church-going Episcopalian I think one of the crucial stories is that after death comes life. We will see a better country but it's hellish now... I have hope.

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Releasing just before Easter was a gift to all the religious zealots!

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I have zero patience with religious zealots. They are the ultimate in anti-life and anti-joy-in-life.

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Of course it was.

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you are such a wordsmith

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During my working years I did many jobs and even was in my own business, mostly because I was a firefighter-paramedic with one day out of three on duty. Of my on-duty positions I was a fire inspector, assist fire marshal and then fire marshal for several years, so my work week was Monday to Friday then-no off duty work.

However, while on the rotating shift work schedule for several years I was employed part time for another city in another county as a construction building inspector. (I grew up in a construction household and worked several years in the trades while I attended college eventually earning a BS in biochemistry. And I became a certified general contractor at 27 years of age. I said I was diverse.). In the municipal work, impressed upon me was not taking of anything of value from the general public, especially if I had enforcement authority of that public. Many of the public were in construction and development and were often much wealthier. The point is: anything of value is anything which has a price tag-money, goods and drinks and meals. Offers of travel and vacations were never experienced. A coworker once was placed on leave without pay for overlooking or failure to cite a violation. In that case it was a violation easily missed. Eventually he was exonerated, but not after he went through terrible mental strain and financial hardship. There were no qualms in reprimanding or ending a person’s career who was at the bottom.

Clarence Thomas has been given a pass and that pass obviously is given to the all nine justices in the SCOTUS. Please do not tell me “No one is above the law.” Apparently many who are in charge are. Change is sorely needed.

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I was an Uncle Sam civil servant for 36 years of my professional career. I refer to the policy with regard to gifts (which I endorse) as “Purer than the driven snow”.

There is no ethical purity in Clarence Thomas.

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I worked in child welfare for many years; frequently foster parents, and sometimes birth parents, wanted to give gifts to their social workers...all had to be turned down. Certainly no jet travel, but the value isn’t really the point.

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Well said.

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Kudos!

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Robert, please rest. If you have what I had/have, it takes forever to feel strong. Thank you for today's newsletter.

Watching videos on Twitter that capture the drama in the Tennessee legislature, it was like the old, paunchy, white dudes were caricatures of old, paunchy, white, dudes with low budget Hollywood Central Casting actors with southern accents. So creepy. It is as though these men are in a time warp from the 20s and 30s.

A beautiful moment with a Covenant mom embracing Justin Pearson. https://twitter.com/krassenstein/status/1644424523385565186?s=20

I constantly post your newsletters and Heather's newsletters on Twitter and often LinkedIn. I'm assuming that will no longer be possible on Twitter. I know that it has brought more people to Heather's substack, but I don't know if it has to yours. I only know because someone posted that.

The act blue fundraiser for The Tennessee 3 has already raised over $240,000

Today the sun is shining and I refuse to let the inbred mofos disturb my desire for a beautiful, tranquil fin de semana with their foul breathed lies and dark motives. I WILL GO DOWN WITH THIS SHIP

I love the ideas and ideals of my forefathers. I revere our Constitution. I believe in a world of wonder that is so close.

https://youtu.be/j-fWDrZSiZs

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I also had one day in bed this week, a migraine, light flashes and when I rested the whole day I became calm. First I had to decide to just let it happen, because when the body needs rest it tells us. Self care is part of wisdom as I know you already know.

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Such perfect words. Thank you. 🥀🥀🥀

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my area of study is psychological abuse of young people. Isolating them makes them internalize which causes trauma. The actors who wish to disrupt honest speech by those without power do so by turning law around, a kind of 'how far can we go out in the open?' and Hannah Arendt identified it as what happens when power is being lost. The violence we see needs to be spoken of to 'turn the tables' as Robert wrote about P. Biden. It can be done by anyone as the Tennessee legislators did. The Canadian Report I wrote about the other day does the same thing - it talks about the roots of violence, much of which is turning away from it by society. Forced isolation of groups is like white collar crime in that it can be profited from but really is the lack of connection of the doer. Those people are definitely suffering but they will not in many cases and so action is necessary.

I also listen to music I listened to in my teenage years, which brings back memories. To be lost in the darkness is not ok. When football players got down on one knee, to me, it was they were getting there with the victims. They would not internalize the trauma, they expressed it.

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I believe that ' the good' of technology is allowing young people to see beyond their home or closed minded community. It makes it harder to control them if they see, hear, taste the freedom of others. I feel the anguish and torment - not with the same pain because my lot in life is different - but my soul. My soul resonates with the words and music of Detroit's Soul Sounds, Luther Vandros, Barry White. My soul belongs there. Not so much my body. I knelt at games. I stand in a sea of white against. The day Bush began a war at the urging of Cheney, my son was singing in a choral program of students around the city. When they sang Oh Beautiful for Spacious Skies, I stood up against the war. My husband was so embarrassed. Then, slowly others began to stand. Not for my reason, but.... I have an artist friend. We are exploring creating pieces of visual art and words in ways that heal and transform. I would love to be able to talk with you about your work with youth if possible.

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I am stealing "inbred mofos". I usually just use mofos, but your phrase is much better!

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founding

Beautiful.

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founding

So now Texas determines our health care and child bearing along with SCOTUS, and Florida writes the history we learn. Tennessee is in charge of free speech and guns.

Where is the re-start button? We need to talk. Oh, we can't do that either. This is somethin'.

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Apr 8, 2023·edited Apr 8, 2023

Judge Kacsmaryk’s ruling this past week could be used as a reason to read or re-read Margaret Atwood's "Handmaid's Tale". It's petrifying. A place where a few old men make all the decisions and where the rest are just trying to survive. If upheld, Judge Kacsmaryk’s ruling is almost guaranteed to result in the death and/or severe illness of a bunch of women who didn't need to die or become so ill. Aren't we better than this?

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Wonder what would happen if women everywhere said to the men in their lives, "Not tonight, honey, or ever again as I can't risk getting pregnant." Course all these old white men legislators and judges probably have older wives beyond child bearing age. Hmmm. Could we somehow sue Viagra for endangering the lives of women everywhere? I mean, there are cases where women in their 50's have gotten pregnant.

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Will these high moral priests stay the course if their mistress gets pregnant?

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My mom had my brother at 48, she was not happy. She suffered so much, sue Viagra. Why not, man have sperm. Time for them to pay up as well…

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I was thinking the same thing. So much like Gilead.

And I would like to add that here in Texas Abbot is going hard after the public schools and pushing vouchers, Educational Savings Account to the tune of $8,000. In addition to that they are wanting to lower property taxes. Where is that money coming from? Public schools!!

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Apr 8, 2023·edited Apr 8, 2023

And who is it benefiting? Well....the property owners, duh. Let's see....are renters more likely than not to vote Democrat and is the reverse true also?

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The renters are screwed. There was talk of landlords getting the property tax cut but do we really think they will pass that on? That’s a hell no!

The only thing missing from their property tax cut is “must be white, straight, nuclear family with at least 2 or more kids”

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Apr 8, 2023·edited Apr 8, 2023

Maybe they've captured the missing sentiment in the new voting restrictions and book banning?

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founding

Excellent letter. Glad I waited up for it tonight. I’ll sleep better knowing I’m not alone in my despair and disgust over Friday’s news--1) Tennessee expels Black elected officials for speaking out passionately against gun violence and 2) Clarence Thomas’20-year pay offs from a Republican donor.

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We need to stop using the term "Republican donor" to describe Thomas' sugar daddy. Crow owns multiple corporations and funds multiple political organizations that have extensive "involvement" with the Supreme Court for cases they bring. This is flat out bribery.

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founding

I agree. I changed my first draft from oligarch to donor. “donor” is too good a word.

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It makes him sound harmless, which he obviously isn't.

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Harlan Crow headed up Swift Boat Veterans for Truth, the dishonorable anti-John Kerry group.

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Well, now we see just how horrid he really is. Thanks for this information.

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Apr 9, 2023·edited Apr 9, 2023

They just keep on keeping on, screwing the pooch every chance they get. Kerry should have won. Between Rove’s “evangelical” ministry and the swift boat fools, We have suffered catastrophic damage. And it amasses with each breath.

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And Fed Soc & Koch own Kavanaugh's seat. SCOTUS is just like Nascar these days. Their robes should include donors.

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I have written before to this substack to describe my own behaviour as a young man growing up in Memphis, Tennessee. At the time, I wrote about my pretty shameful treatment of a young black man named Trent. At the urging of several of you, I tried finding him several times using different searches, but because he has a last name that is in common use, so far I haven't had much luck. Anyway, I want to write today to express my complete disgust with the situation with the Tennessee legislature. I watched a white legislator berate, belittle, and verbally abuse one of the young black representatives the chamber would later expel and my immediate thought was that the only thing missing from his speech was "Boy!" Today, I also want to ask you NOT to give up on Tennessee. I'm thinking of a white man I had the privilege to know in Memphis back in the 80's and early 90's who held a great deal of power - Memphis Mayor Richard (Dick) Hackett. Mr. Hackett often frequented my father's tropical fish store just to look at the fish. Most times he didn't even purchase anything. As my dad and the Mayor became more acquainted, I remember him telling my father that he needed time to calm down before he went home. My father's store did have a calming effect due to the low lighting and the constant gurgling sound caused by the aquarium filters. Anyway, I digress. . . the point I'm trying to make is that the Mayor tried very hard to overcome many of the biases inherent in his job, entirely racial. Racial bias in Memphis politics dated back to "Boss" Crump and beyond, and was pretty baked into the system. As the Mayor tried to change the system, the effect was mainly to make both sides, white and black, mad at him. Every appointment and policy decision was driven by race. I should note that Memphis had only ever had white mayors. The 1990 mayoral race between Mr. Hackett and Dr. Willie Herenton, the former black superintendent of schools in Memphis, was one of the most bitter and divisive political campaigns in Memphis political history. Out of thousands of votes cast, Dr. Herenton won the race by just a few hundred votes and it was widely expected that Mayor Hackett would contest the race and demand a recount. Many white people refused to believe he lost and were prepared to support him if he decided not to step down. Sound familiar? In a move that stunned virtually everyone but my dad, and following several days of speculation and preparations for riots and bloodshed, Mayor Hackett graciously conceded. He said in his concession that the upheaval and further damage to race relations in Memphis caused by contesting the race was not worth it. He wished Dr. Herenton good luck and promised to cooperate in what he hoped would be a peaceful transition. Hackett's white supporters were outraged but he stood by his decision that ultimately allowed Dr. Herenton to become the first black mayor in Memphis history. I should note that Memphis was the last major city in the south to elect a black mayor - 1991! My point is this, please don't give up on Tennessee. There are many white people there who are shocked and horrified by the racial and clearly fascist conditions there. Between the senseless murder of a yet another black man in Memphis and this shameful episode following an another entirely predictable murder of innocent children by someone wielding an AR-15, maybe they will finally unite with their brothers and sisters of color to affect change. We can only hope. I currently live in Texas, but that's another story. . .

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Indeed, Texas is another horror story…. It used to be an awesome place to live.

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Thank you, as always. If I may make a historical note…one facet of the radicalization of the GOP begins with Project Redmap, funded by ALEC and the Koch brothers among others. They worked to take over state legislatures in 2010, just in time for the census and redistricting. Democrats were all relaxed and happy following the election of Obama; the right wing was plotting far into the future.

Once they had state legislatures, they began the extreme gerrymandering that allowed them safe GOP seats and unfair control, as in TN and my state of NC. In those safe GOP seats, extreme positions won primaries among the rabid base and the rest of the GOP went along for the ride. That’s partly. how we got the Orange Chaos.( Along with the racism and misogyny of much of the GOP base.)

I hope you continue to feel better and can use the weekend to heal!

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There’s a lesson, here, for the national Democratic Party, one that they’ve assiduously refused to learn:

BUILD FROM THE BOTTOM.

A building needs to rest on a firm foundation.

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I agree Michael. And check out "Run For Something", a wonderful organization helping anyone under the age of 40 run for office, starting with Dog Catcher and up to anything above that. They train, support and help with funding, and have quite an amazing success rate in getting people elected to offices in towns, counties, cities and more around the nation. Their focus is to precisely build the Democratic bench. Oh, and they used to have a podcast with a different candidate in each episode. So amazing to hear the background stories and successes of these people. Not sure if it is still accessible, but worth a listen.

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Tennessee elected Democratic Governor Phil Bredesen to a second term in 2006 with 69% of the vote. By 2018, he lost the Senate race to M. Blackburn by 54% to 44%. Tennessee broke in between.

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All true. That’s why reoubs doubled down on their racism in 2012. The long game counts when uprooting progress. ALEC = Repub evil

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How you manage to write such a cogent essay while sick, is beyond my comprehension! I am delighted to pay for your ever-informative and upbeat newsletter! Get well soon Robert.

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founding

It is past time for Clarence Thomas to declare that he wants to spend more time with his wife and family. ((Maybe traveling the nation in his RV and staying in those Walmart parking lots he loves.)

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It's hard to believe that the Grand Old Party (GOP), now known by various other acronyms far worse than my friend Jack's translation(God-hating Oppressive Pricks), was once the party of Abraham Lincoln, but there it is in all its horror, terrorizing the American people with its fascist policies and insurrectionist tactics. And that just describes one half of the political duopoly elected to run the country, a collection of shills for Big Biz for the most part, supposedly gathered in the Swamp to promote the common welfare as it suggests in the Constitution, but in reality mostly represents corporations and the billionaire class. Meanwhile, We, the People, a phrase that becomes increasingly meaningless with every passing day as it drools from the lips of disingenuous politicians, are forced to march to the cadence of Rightwing Christian Fascist propaganda, while in the background looms a climate crisis that threatens to extinct every living thing on Earth. I think if Thomas Jefferson was alive today, he'd be stirring the political pot in a concerted effort to launch a serious revolution. If we had a functioning democracy, like the one Jefferson and his colleagues envisioned, for example, the shenanigans of corrupt scum like Clarence Thomas and his wife would not be tolerated and the man Barbara Keating calls the Orange Overcomb would have been prosecuted for treason long ago. But we don't really live in Democracy, do we? We live in a plutocratic oligarchy, and that my fellow Americans, is not what the Founders had in mind. A las Barricadas!

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I very much agree with you, Stewart, but before we head to the barricades, I would also draw people's attention to the Yale historian (and Substack writer - "Thinking About"), Tim Snyder. As a historian of both Eastern Europe and particularly Ukraine, and author of "On Tyranny" and "The Road to Unfreedom", he makes the salient point that "democracy" should not be viewed as a noun, not viewed as something "arrived at" or "present". Rather, he'd prefer to view it as a kind of active verb, never entirely accomplished. What I like about the up-beat side of Robert's newsletters is that he also seems to take that view. The democracy we live in is never lost, always under threat, ever being achieved, with setbacks, always requiring active participation. Robert very successfully embodies that, and I think Jefferson would be encouraged by this work and wholeheartedly approve. He, after all, was actually part of a "plutocratic oligarchy," but had the vision for something better that could ever harness the active energies of "the People."

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Peter, thanks for your beautifully written "therapeutic" reply. After reading about Clarence Thomas's latest antics and looking at a picture of him with his wife in The Guardian this morning, I went into reactive mode and headed immediately out to the tool shed to find my pitchfork. After seeing Thomas's red tie draped over his fat belly, outrage, disgust and frustration ruled as I wrote my comment. Your post assuaged my passions , calmed the waters and opened up the passage ahead with the "salient point" Tim Snyder makes about democracy and its nature as an "active verb, never entirely accomplished." Those of us who value this model of governance called democracy need to remember that. As you also wrote, "The democracy we live in is never lost, always under threat, ever being achieved, with setbacks, always requiring active participation." Those memorable words are a worthy prelude to our future endeavors to fulfill the visions of Jefferson as we challenge the fascists threats of the GOP.

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I can’t even address the anti-abortion, anti-women rulings, so I’ll turn to the Clarence Thomas story. Your personal story about your Judge brought back so many memories. I clerked in federal court, and then later spent 10 years as a court attorney (law clerk) for a state court judge who was so strict about the ethical rules, she would never attend any of the many Bar Association dinners as an unpaid guest. Her ethics were so ingrained in me that when I attended one event (for which I paid) and a tablemate who did not want her shrimp cocktail offered it to me, I turned and said, “I can only accept it if it’s valued at less than $25.”

Hope you’re feeling better!

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Mr. Hubbell, Good use of twelve hours spent in your sickbed. I’m delighted that Substack exists because it has allow good writers like you to continue publishing independently without editorial oversight from anyone you do not choose to hone your prose. And, Substack allows your audience to help support you financially and give you time to work. I was a literary agent for writers and illustrators of kids books for forty years and watched the publishing industry from the inside. It has always been difficult to break into the publishing world, be noticed and survive financially and critically. Substack discovered an innovative structure and they are juggling and refining it as they grow. Musk should worry. It makes sense for Substack to offer payments to some well known writers whom the Substack management feels will expose the brand to a wider audience when those writer’s work is provide through Substack. The practice does not diminish Substack’s value. It is similar to traditional publishers paying an author or illustrator a royalty advance in segments when the project was sold to the publisher from a one sheet outline of an idea. Creators of a text or of artwork cannot be expected to function on speculation forever. Talent needs financial resources in advance of their final finished work product. Obscurity is overcome by exposure, and exposure is what Substack is doing. We just invested a tiny amount of money in a round of Substack’s funding efforts. We’re delighted to be involved with them and you and a dozen other Substack writers.

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Robert your dedication is greatly appreciated. We desperately need to find and fund Democratic candidates to defeat Republicans who support these decisions.

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