Animal Rights, Civil Liberties, Human Rights, Supreme Court
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The Supreme Court Nomination of Judge Ketanji Brown Jackson
During vicious, racist questioning by Republican members of the Senate Judiciary Committee, Judge Ketanji Brown Jackson remained dignified, poised and unruffled. Jackson’s record is impeccable. No nominee for the Supreme Court has had stronger credentials.
GOP senators on the committee leveled racist and sexist attacks against Jackson, playing to their radical right-wing base. Many of the questions mirrored QAnon talking points. GOP committee members apparently sought to peel off votes for Jackson’s confirmation while appealing to right-wing voters in their forthcoming congressional and presidential campaigns.
Ted Cruz attacked Jackson with charges about critical race theory. Josh Hawley tried to paint Jackson as “soft on crime.” And Lindsey Graham accused Jackson of aiding terrorism by representing Guantánamo detainees.
Nevertheless, it appears that Jackson will be confirmed to the Supreme Court, the only Black woman ever to serve as a justice on the high court. Although Jackson’s confirmation will not change the skewed ideological balance of the court, she and Sonia Sotomayor will comprise a strong progressive wing of the court.
Guest – Attorney Marjorie Cohn, who is a co-host on Law and Disorder. Marjorie is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and a former criminal defense attorney. Her books include The United States and Torture: Interrogation, Incarceration, Abuse, and she writes a regular column for Truthout.
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Basic Legal Rights For Animals: Activists and Advocates
Discussions over whether animals are sentient beings, capable of feeling pain, pleasure or suffering, date back as far as ancient thinkers such as Plutarch, Hippocrates and Pythagoras. They all advocated for the fair treatment of animals. The term animal rights stands for the proposition that non-human animals have the right to be treated, not as property, but rather as the individuals they are, with their own desires and needs.
Animal law is now widely taught in law schools across North America. There are 167 law schools in the U.S. and Canada, and 11 in Australia and New Zealand, teaching courses in animal law. Several legal scholars support extending basic legal rights and to personhood to non-human animals.
Critics of animal rights argue that nonhuman animals are unable to enter into a social contract, and thus cannot have rights. Another argument is that animals may be used as resources as long as they don’t undergo unnecessary suffering.
Certain forms of animal rights activism, such as the destruction of fur farms and animal labs by the ALF or Animal Liberation Front, have also attracted criticism, and prompted Congressional reaction by enacting of harsh laws allowing these activities to be prosecuted as terrorism. These laws include the Animal Enterprise Terrorism Act.
Guest – Attorney Tamara Bedic, chairperson of the National Lawyers Guild Animal Rights Project. She is a graduate of the University of Virginia School of Law and a masters degree from Columbia University-NY University. Tamara practices employment law with a focus on women and harassment in the workplace.
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Civil Liberties, Civil Rights, Criminalizing Dissent, Human Rights, NSA Spying, Right To Dissent, Supreme Court, U.S. Militarism
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Encroaching Fascism In The United States
An American form of fascism is unfolding in our country. What exactly is it and what can we do to fight it?
We see a massive political effort to legitimatize and normalize white minority rule. Things are happening rapidly. A year ago our capital was attacked pursuant to a plan to reverse the results of the election. Soon the Supreme Court will likely overrule the almost 50 year precedent set by Roe v Wade on the question of a woman’s right to control her own body. Voting rights have been and will continue to be extremely restricted particularly in communities of color. Irrational and magical thinking has been legitimatized. More than 900 thousand people have unnecessarily died of Covid. There has developed in our country a culture of cruelty manifested by Trump, but initiated in CIA torture and detention camps for Muslim men and boys in Abu Ghraib and Guantánamo.
It didn’t start after 9/11 with the wars against Afghanistan and Iraq. It goes back further than that. America has been prosecuting wars abroad during our entire lifetimes. The provocations against Russia regarding NATO military encroachment on its borders are the latest chapter in almost continual and seemingly endless wars. A lesson of history since Greek and Roman times is that you can’t have imperialism abroad and democracy at home.
Guest – Professor Henry A. Giroux currently holds the McMaster University chair for a Scholarship in the Public Interest in the English and Cultural Studies Department. He has written many books, most recently The Public in Peril: Trump and the Menace of American Authoritarianism and American Nightmare: Facing the Challenge of Facism.
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The Inauthentic Opposition Within The Empire
The January 6th event last year was a peculiar kind of coup, not one that would install an authoritarian figure, but one that was designed to keep him in his job. It almost worked, but not quite. Trump had support but not enough in the right places. There wasn’t enough support for him in the military, the national security establishment, nor in the corporate elite, nor in the media. That doesn’t mean that we are out of danger.
We are seeing the success of a creeping homegrown Christianized form of fascism in our country. A particular American form. 150 million people live in red states. The far right has seized local politics. The majority of legislatures and the governorships in 22 states as compared to 15 by the Democrats. Thirteen are divided.
Nineteen states have passed voter suppression and voter nullification laws as documented by the Brennen Center at NYU School of Law. In the face of this the Democratic Party has been supine. They will not mobilize the American people. The late political philosopher Sheldon Wolin has called the Democratic Party “the Inauthentic Opposition.“ The Democrats function as a junior partner of the Republicans.
As Noam Chomsky has stated, the January 6 events show that the “limited political democracy that still exists is hanging by a delicate thread.“ The Republicans have rejected democratic, with a small “D”, politics. What are the reasons for The growth of Christian fascism? What might be in store for us? What is to be done?
Guest – Roger D. Harris is closely affiliated with the Task Force on the Americas and The US Peace Council. He is a leader of the California Peace and Freedom Party, the only socialist party in the state to hold ballot status.
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Civil Liberties, Civil Rights, Human Rights, Supreme Court, Truth to Power
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Repairers Of The Breach: Reverend Dr. William Barber
As political scientist Barbara Walter has recently warned, violent extremism is on the rise globally, and there’s even an increasing likelihood of a second civil war in the United States. At the same time, a Harvard University poll of 18- to 29-year olds revealed that nearly two-thirds are more fearful than hopeful about democracy’s future. Respondents blamed politicians and money in politics as key factors, along with structural racism, and lack of access to higher education. Both polls came as President Joe Biden addressed international leaders at a Democracy Summit, and said the survival of democracy depended on their decisions. For his part, Biden has promised to rebuild the backbone of the country – the middle class – and has claimed that his Build Back Better Act will do just that. He promises to set the United States on course to meet its climate goals, create millions of good-paying jobs, enable more Americans to join and remain in the labor force, and grow the national economy. The most profitable corporations, and the wealthiest Americans, will pay their fair share of taxes.
Guest – Rev. Dr. William J. Barber II is a member of the National NAACP Board and a pastor of Greenleaf Christian Church in Goldsboro, NC since 1993. He has been called “one of the most gifted organizers and orators in the country today,” and “the closest person we have to Martin Luther King Jr. in our midst.” The Reverend is the president and senior lecturer at Repairers of the Breach and co-chair of the Poor People’s Campaign: A National Call for Moral Revival.
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In Memory Of Glen Ford
Glen Ford died of lung cancer last summer in July at the age of 71. Cornell West wrote that “He was the most brilliant, courageous, and consistent writer and journalist in the Black radical and independent tradition of his generation.“ Of himself Glen said “I am a Black nationalist and a socialist.“ He had been executive editor of the Black Agenda Report, which she helped found in 2006. Today on Law And Disorder we speak with three people closest to Glen Ford. We talk with his daughter Tonya Rutherford, Margaret Kimberley and Ajamu Baraka. Just before he died Glen was able to complete the manuscript for The Black Agenda. The book is available from OR Books.
Margaret Kimberly worked with Glen. She wrote the introduction to his book and is now the Managing Editor of Black Agenda Report. Glen was her mentor and teacher. Ajamu Baraka is an editor and frequent contributor to BAR. He is the Executive Director of the Black Alliance for Peace He ran as the Green Party candidate for vice president in 2016. Raymond Nat Turner is the poet in residence at BAR.
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Civil Liberties, Civil Rights, Crony Capitalism, Human Rights, Supreme Court, Truth to Power, Violations of U.S. and International Law
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Dark Money, Corporate Corruption And Right Wing Networks
We are at a pivotal moment in this country and the coming year may will decide whether we can right the course of history. Nancy MacLean’s important book Democracy in Chains revealed the Rights‘ decades long stealth campaign to reverse engineer America back to the days when the robber barons reigned supreme and rigged the legal and constitutional rules to work in their favor.
Professor MacLean wrote that “Trump and the forces of the right are actively trying to rig the conducting and counting of elections, state by state, as they create a frightening autocratic, post truth society few would have ever thought possible in America.”
The January 6th insurrection was a dress rehearsal for a Trump coup attempt in 2024. If he loses the election Trump and his far right supporters are laying the groundwork in state legislatures to take control of the electoral process to reverse the loss and claim a victory.
The alliances between the corporate state, Trump, and white nationalists have seen a flood of dark money to subvert free and fair elections, block climate and economic justice legislation, push for a constitutional convention to permanently guarantee the rule of the rich, and the crippling of the federal government’s ability to protect working families, the environment, and promote equity for all.
The investigative journalism published by the Center for Media and Democracy has exposed groups on the far right like the American Legislative Exchange Council (ALEC), Heritage Action, and the Republican Attorneys General Association (RAGA) which are working hard to suppress the vote, tear down the firewall to protected our democracy in 2020 and put Trump acolytes in positions of power where they can subvert future elections.
ALECExposed.org
Guest – David Armiak who is Research Director with the Center for Media and Democracy. He has conducted extensive investigations on dark money, corporate corruption, and right wing networks, and is responsible for filing and analyzing hundreds of public records request every year.
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The US Supreme Court And US Democracy Going Forward
The Supreme Court as presently constituted has six reactionary judges and three liberal minded ones. Progressive people are alarmed by its recent decisions and fearful of what it will do in the future.
One of the liberals on the court is Steven Breyer. He’s 83 years old. Should he retire, it would give the Democrats the opportunity to try to appoint a replacement who is not a reactionary. This will be an uphill battle, but it is a fight well worth it.
A right-winger will certainly get the job if a Republican president and a Republican controlled Senate in the year 2024 choose a successor to Breyer if he dies or retires
When Barack Obama was president, he hinted to the liberal Ruth Bader Ginsburg, who was 80 years old and a two-time cancer patient, to step down but she declined. Ginsburg died while still serving as a Justice of the Supreme Court. Republicans in the Senate would not allow a vote for Judge Merrick Garland, whom Obama had nominated for the Supreme Court seat. Ginsburg was then replaced by the young right-winger Brett Kavanaugh who joined two other young right-wing Trump judges.
The Trump-dominated Republican party is well aware that to topple democracy they must take over the courts. The current Roberts Court has for more than a decade consistently leveled this attack on democracy by eviscerating the Voting Right Act, unleashing unlimited corporate monies into elections, allowed clearly partisan gerrymandering of elections, and is now training its sights against reproductive choice by severely restricting abortion rights.
Yale historian Jason Stanley has recently written, “There is every reason to believe that the court will allow even the simplest of democracy to crumble as long as laws are passed by gerrymandered republican state houses that make anti-democratic practices, including stealing elections, legal.”
Guest – attorney Martin Garbus, a constitutional litigator who has represented Steven Donziger, Nelson Mandela, Daniel Ellsberg, and Lenny Bruce.
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Civil Liberties, Civil Rights, Racist Police Violence, Supreme Court, Violations of U.S. and International Law
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Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights
Erwin Chemerinksy is the Jesse H. Choper Distinguished Professor of Law and Dean of the Berkeley Law School. He has also served on the faculties of USC Law School and Duke Law School, and he was the founding dean of the UC Irvine School of Law.
Dean Chemerinsky is a leading constitutional law scholar and teacher who has an uncommon ability to explain complex legal concepts so that non-lawyers can easily understand them. A study of legal publications between 2016 and 2020 found him to be the most frequently cited US legal scholar. He is the author of 14 books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. Dean Chemerinsky also handles legal cases, and has argued several times before the Supreme Court.
After a 2000 review of the Rampart scandal about corruption and excessive force in the LA Police Department attributed the problems to a few bad apples, Dean Chemerinsky conducted an independent analysis which uncovered systemic and structural issues in the department. In his new book, Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights, he writes, “Race has infected policing in the United States since its founding.” People of color are more likely than whites to be stopped, arrested and subjected to police violence.
Dean Chemerinsky cites the slave patrols which tracked and returned runaway slaves. We saw the three men who killed Black jogger Ahmaud Arbery use the logic of those slave patrols in their defense. Due in large part to a video of the killing, they were convicted of murder.
When I served as a commentator for CBS News during the O.J. Simpson trial, the people at KNX Radio called Erwin (who did frequent commentary) “the nicest guy in the world.” He is most generous in sharing his expertise. I can’t remember any time he has turned me down when I have asked him to speak at an event, even if it required traveling to San Diego. I have often said that if I were President of the United States, Erwin would be my first choice for a justice of the Supreme Court. Unlike most of the members of the Court, he would be a “justice” in the true sense of the word.
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Line 3 Is The New Standing Rock
Our guest today is water protector Chicago attorney Pat Handlin. She has been representing some of the 900 people who’ve been arrested for trying to stop Line 3. Line 3 brings the dirtiest oil on Earth down from Alberta, Canada to the shores of the Great Lakes. It is owned by the Canadian corporation Enbridge. President Trump issued their permit without any environmental impact statement. The governor of Minnesota or the President of United States you can stop Enbridge. But they haven’t.
The Line 3 oil pipeline has been operational since October. It snakes under 200 bodies of water including the Mississippi river. Native Americans from the Chippewa and Ojibwe tribe have treaty rights to the land affected by the Enbridge pipeline. Enbridge has a terrible record for oil spills, 194 of them since the year 2000. Since 1986, more than 7 million gallons have spilled in the Midwest. Much of it has never been cleaned up.
The pipeline runs through sacred land. The land has wild rice which the Native Americans harvest for nutrition and value for spiritual reasons. The land is protected by treaties which are being violated. Tribes are sovereign nations that have entered into treaties with United States. A treaty becomes the supreme law of the land. Biden has said that he would honor the treaties but has not done so.
Guest – Pat Handlin is a criminal defense attorney who represented numerous Water Protectors facing misdemeanor charges stemming from the Standing Rock No DAPL movement, provided legal support at the hearing challenging TC Energy’s permit application to use water for the KXL pipeline and represents Water Protectors charged in Minnesota for opposition to Line 3. She has been a public defender, legal services attorney, administrative law judge on employment discrimination matters, represented Occupy Chicago activists, and has litigated to protect victims of elder abuse, neglect and financial exploitation.
Censorship, Civil Liberties, Civil Rights, Gaza, Guantanamo, Habeas Corpus, Human Rights, Impeachment, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Racist Police Violence, Right To Dissent, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power, U.S. Militarism, Violations of U.S. and International Law, War Resister, Whistleblowers
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Moving The Bar: My Life As A Radical Lawyer
Hosts Heidi Boghosian and Michael Smith interviewed some of Michael Ratner’s closest friends and colleagues as part of a special broadcast highlighting Michael Ratner’s legal work and mentorship. The special also marked the upcoming release of Michael Ratner’s autobiography Moving The Bar: My Life As A Radical Lawyer published by OR Books. In this one hour taken from the two hour fundraiser broadcast, we hear from attorneys including Eleanor Stein, Richard Levy, Ray Brescia, David Cole and Baher Azmy.
Michael Ratner’s pathbreaking legal and political work is unmatched. He provided crucial support for the Cuban Revolution and won the seminal case in the Supreme Court guaranteeing the right of habeas corpus to Guantanamo detainees. Michael also challenged U.S. policy in Iraq, Haiti, Nicaragua, Guatemala, Puerto Rico and Israel-Palestine. This book is a testament to his unflagging efforts on behalf of the poor and oppressed around the world.
– Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law
Michael Ratner personified lawyering that brought both radical and human values into challenges to the use of governmental power to violate the essence of the Bill of Rights. From the torture of prisoners after 911 to the massive racial profiling by the New York Police Department, Michael’s voice and vision continue to resonate. This book provides a powerful testament to the spirit of this extraordinary man.
– Attorney Bill Goodman
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