61 Comments
Jul 1, 2022Liked by Robert B. Hubbell

Thank you once again, sir, for your on point review of the recent quite disturbing developments. And for your quick turn to the solution. As I was reacting despondently to the news of the day and turning to the Serenity Prayer, you pointed out the answer. There are more Democrats than Republicans. There are more Americans who love this country and all it has stood for over more than two centuries than those who wish to wrest control from the majority by corrupt means. So as I turn in tonight, before seeking the serenity of accepting the things I cannot change, I am going to summon the courage to change the things I can, or at least exhaust myself trying.

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Robert,

You are a "spirit guide". You remind me of something I have been saying for decades and had let slip away. Most of us here read HCR. Her Letter today was devastating. I think it was an important perspective. I think we all needed the shock value. And we will need more of it. However, there is a reason I read her letter first and then yours.

This is the thing you have reminded me of: "The only thing in life we can really control is our attitude."

And with a can do attitude, we can overcome. As Jim Hamilton has said, there are many more of us than them. I refuse to wallow in hopelessness. We will prevail. Not entirely, not perfectly. But we can move the pendulum back in the right direction.

So dear spirit guide, rest well and heal. We rely on your rally cries and fact based optimism.

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Jul 1, 2022Liked by Robert B. Hubbell

HILLARD HARRISON

5 min ago

First, I should say that I have been out of touch the last couple of days but want to extend my best thoughts to you for recovering from your Covid symptoms. Like many illnesses rest its the best aid.

I agree that the current Supreme Court has got to be one of the worst in history and their claim that they simply follow the literal language in the Constitution is nonsense. They simply pick and choose how they apply the language. I am also tempted to agree that enlarging the court will help correct the problem [presuming the new appointees do what would be expected]' I am not sure that is the way to go. I believe all that would do is set off a chain reaction so that whichever party is in control will do the same thing ultimately resulting in more members than the Senate or House and we all know how that is working out. Instead, we must figure out a way to get people to vote. That - hopefully - is really the ultimate solution [I admit that I am presuming that people will vote the way they poll.] The dems have to stop their infighting and figure out what it is that most people want even if less than what some seem to want. Most people are just not ready for major changes, instead change must be incremental. I am old and in poor health so admittedly cannot do some of the things I think need to be done like setting up carpools to help people register and then help with voting whether by mail., ballot box or in person. We probably should send volunteers door-to-door to help explain the issues and potential consequences of not voting. Enough of the "defunding the police" which is nonsensical. We should have learned by allowing the anti abortion crowd to claim the "right to life" slogan.

Ms Hutchinson deserves our admiration for doing what so many who are older and theoretically at least wiser won't do and that is stand up to the bullies and bigots who unfortunately seem to number in the millions. It seems like every time a Republican stands up they become a RINO. I just don't get it. We really are facing a big cult these days.

I feel sorry for my children and grandchildren. This is not what our country is supposed to be all about

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Lest you have forgotten: Ronald Reagan appointed Anne Gorsuch Burford, to head the EPA. Her mission was to ensure that EPA did nothing. She succeeded.

Her son, Justice Neil Gorsuch, has picked up her cudgel, and has destroyed EPA.

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My dad was the Chemical Manufacturing Association lobbyist working with the EPA on Superfund. Even he told Anne Gorsuch and Rita Lavelle that what they were doing was wrong. Rita laughed. Anne groomed her son.

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"Now, Congress must assume the work of drafting detailed regulations necessary to provide for a functioning economy that protects the health and safety of consumers and the environment." In a different environment, there would be a relatively simple solution -- have congress ratify regulations drafted by the agencies; maybe even consider draft regulations approved if not vetoed by Congress within 60 days. But these are not rational times. (Have a restful weekend and come back strong.)

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Hi, Leonard. I am not an administrative law expert, but I believe there may be some feature like that in the existing regulatory issuance protocol-at least for some regulations. Congress can override some agency regulations w/in 60 days of issuance. If it fails to do so, the regulations remain in effect by default / inaction. You are suggesting that Congress affirmatively ratify the regulations. I think that would be sufficient, but as you note, in today's Congress that would never happen.

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Justice Ketanji Brown Jackson sworn in today as a Supreme Court Justice -

Today we celebrate the swearing in of Justice Ketanji Brown Jackson as the first black woman Supreme Court Justice. While it took far too long for this to happen, I wish to recognize the significance of this milestone. Today when she was sworn in she placed her hand on two Bibles both held by her husband. One of those was the Jackson family Bible. The other was the Harlan family Bible. For those unfamiliar with Justice John Marshall Harlan who served as an Associate Supreme Court Justice from 1877 to 1911 I I invite you to read the Wikipedia article here to understand his importance:

https://en.m.wikipedia.org/wiki/John_Marshall_Harlan

He was the lone dissenting opinion in the Plessy vs. Ferguson case that established the separate but equal doctrine on which racial segregation was based. He was an early advocate for civil rights. His son, John Marshall Harlan II also later served as an Associate Supreme Court Justice. The Plessy vs. Ferguson separate but equal precedent standard prevailed as doctrine from its SCOTUS decision in 1896 until effectively reversed by the Brown v. Board of Education decision in 1954.

Please take a moment to recognize and celebrate the significance of this. There is much yet to accomplish but we need to recognize and celebrate victories.

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Justice Harlan’s dissent is a beautiful and important piece of historical writing. I wish every American would read it.

https://billofrightsinstitute.org/activities/handout-e-john-marshall-harlan-dissent-from-plessy-v-ferguson-1896

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I agree and have quoted from Justice Harlan’s solution on numerous occasions to refute distinctions that some have advanced between groups of citizens. Equality of all, a foundational American principle from our declaration as a nation was always intended to mean all in its most universal sense. While we have not always lived up to that aspiration, there have always been some who stepped forward bravely to remind us of that truth. Justice John Marshall Harlan is one such example of our collective conscience reminding us of our better angels.

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The Koch brothers, Rex Tillotson, Exxon, and other fossil fuel businesses, coal mining companies, and utilities are elated today. Not only did their campaign contributions pay off, but their short-term profits and their CEOs' retirement packages are now secure. They never have worried about the overheating of planet. Their homes and second homes and third homes are air conditioned, so they don't have to care.

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Jul 1, 2022Liked by Robert B. Hubbell

I’m so glad to hear you are on the mend. Also for the holiday weekend that allows you to do the best thing for your recovery which is to get that 48 hours of rest.

You have my tearful gratitude for today’s newsletter. During the night I awoke from nightmares about fascist “thought police” right out of 1984. For 50 years I carried the latent fear that women will be hunted as felons for exercising agency over their own bodies. That fear is now real. Robert, your non apocalyptic take on SCOTUS’ intention to review a North Carolina challenge to state courts (regarding elections) helped peel me off the ceiling. Thank you.

I’m also grateful for your introduction to myriad ways we can direct our outrage and horror into constructive activism. For me, this requires developing new skills and growing past previous limitations. My latest stretch is joining The States Project and establishing a Giving Circle. They have a wonderful support team and community to join hands with. In a really visceral way, this helps me defy the myth of separation in our individualist and polarized country. From our broken places, I glimpse the real possibility of reforming our would be democracy into a real one, that is truly equal, multiracial, multicultural and governed by the majority.

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Regarding the Noth Carolina case: federal law applies to federal elections. Let's suppose that Florida runs a federal election under a set of rules that allocates electors by popular vote (the current legislative scheme in Florida). Now suppose that the Florida legislature says, "We don't like that outcome; we award our electors to the loser."

See any problems with that under federal law? YES!! That would be a massive violation of the Due Process and Equal Protection Clauses of the 14th Amendment. While Florida may be a "super legislature" in the Republican view, it cannot retroactively disenfranchise its citizens. Can it do so prospectively?? Sadly, yes. But not retroactively.

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Stephanie, people like YOU give me hope!

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Jul 1, 2022Liked by Robert B. Hubbell

Please continue to rest until you are fully recovered. Wishing you a peace filled weekend.

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Jul 1, 2022Liked by Robert B. Hubbell

I will recharge over this weekend, as you suggest, but I will not be celebrating this country as I have done on previous Independence Days.

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founding
Jul 1, 2022Liked by Robert B. Hubbell

Amazed you can write these newsletters with Covid. Thanks for doing so, feel better

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author

I am in quarantine with little else to do. Jill slides food and drink through a hallway door and then exits.

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founding
Jul 1, 2022Liked by Robert B. Hubbell

glad to hear you are feeling better. Thanks for persevering...

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Jul 1, 2022Liked by Robert B. Hubbell

I'm glad you are going to get a good rest this weekend, Robert! I hope you will feel better and stronger every day. Lots of good wishes for healing are coming your way from all over the country. Take care.

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Get well and rest and stay hydrated. I will keep writing postcards to Voters as my best attempt to get folks to or back to using their right to vote. Let’s do it people!

Thank you Robert for a sliver of optimism.

We need to hang in here and do all we can to get out the vote! Pam

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Jul 1, 2022Liked by Robert B. Hubbell

I so appreciate and rely on your daily summations of political events.

A minor(?) issue: I dont like seeing the reactionary actions of SCOTUS referred to as “revolutionary “. I have always understood that term to imply positive change, not negative and backwards, as the court is doing.

I have the same objection to the media using “populism” to refer to right-wing reactionary positions, when the word means “of the people” and originally referred to farmer-labor struggles against industry magnates. Am I wrong?

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Per my reply to Peter, above, the term "reactionary" is correct. In the political context, the term means: tendency toward a former and usually outmoded political or social order or policy.

I don't believe revolutionary implies a political direction or ideology toward progress. It refers to a dramatic change in circumstance or political systems. Merriam-Webster includes "insurrectionist" in the definition of revolutionary. So the Jan 6th insurrectionists saw themselves as insurrectionists. But i appreciate the input and will think about alternatives.

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Totally Agree, Robert - We need to work on the 22 House & Senate elections, regardless of what the handicappers are saying. My recipe is a group called Force Multiplier out of Boston, Mass - we send $$$ to the 16 most razors-edge House races and to the 7 Battleground Senate races where the Dems have a chance - hold GA, NH, NV, AZ, Pick up - WI, NC, PA Look up Force Multiplier - Join

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Jul 1, 2022Liked by Robert B. Hubbell

As I have said to many friends before, our best option is to vote out Republicans in November.

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