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FOCUS: Democrats Worry Feinstein Can't Handle Supreme Court Battle Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=56385"><span class="small">John Bresnahan and Marianne LeVine, POLITICO</span></a>   
Friday, 25 September 2020 11:09

Excerpt: "As the Senate prepares for yet another brutal Supreme Court nomination fight, one particularly sensitive issue is creating apprehension among Democrats: what to do with 87-year-old Sen. Dianne Feinstein, the ranking member of the Judiciary Committee."

Sen. Dianne Feinstein. (photo: Getty)
Sen. Dianne Feinstein. (photo: Getty)


Democrats Worry Feinstein Can't Handle Supreme Court Battle

By John Bresnahan and Marianne LeVine, POLITICO

25 September 20

 

s the Senate prepares for yet another brutal Supreme Court nomination fight, one particularly sensitive issue is creating apprehension among Democrats: what to do with 87-year-old Sen. Dianne Feinstein, the ranking member of the Judiciary Committee.

Feinstein, the oldest member of the Senate, is widely respected by senators in both parties, but she has noticeably slowed in recent years. Interviews with more than a dozen Democratic senators and aides show widespread concern over whether the California Democrat is capable of leading the aggressive effort Democrats need against whoever President Donald Trump picks to replace the late Justice Ruth Bader Ginsburg.

The Judiciary Committee is the critical battleground in the Supreme Court confirmation process. At stake, her own Democratic colleagues worry, is more than just whether the party can thwart Senate Majority Leader Mitch McConnell (R-Ky.) in his rush to fill the seat. Some Democrats privately fear that Feinstein could mishandle the situation and hurt their chances of winning back the majority.

Feinstein sometimes gets confused by reporters’ questions, or will offer different answers to the same question depending on where or when she’s asked. Her appearance is frail. And Feinstein's genteel demeanor, which seems like it belongs to a bygone Senate era, can lead to trouble with an increasingly hard-line Democratic base uninterested in collegiality or bipartisan platitudes.

Just this week, Feinstein infuriated progressives after declaring her opposition to ending the Senate’s legislative filibuster — a top goal of party activists if Democrats win full control of the Congress and White House in November. Some on the left called on her to resign over the comments, although other Democratic moderates have expressed similar views.

In a phone interview, Feinstein pushed back hard against suggestions she could no longer effectively serve as ranking member of the Judiciary panel or is incapable of handling the upcoming nomination fight.

“I’m really surprised and taken aback by this. Because I try to be very careful and I’m puzzled by it,” Feinstein told POLITICO. “My attendance is good, I do the homework, I try to ask hard questions. I stand up for what I believe in.”

Feinstein relies heavily on her ever-present staff to deal with any issues, frequently turning to them for help in responding to inquiries. Feinstein had to be coaxed into wearing a mask around the Senate during the early days of the pandemic, despite being part of the most vulnerable age groups for the disease. She’s only made two floor speeches in the last nine months, her last being in early July, although she remains active in committee hearings.

And then there’s the lingering fallout over Feinstein’s role in the hugely controversial Judiciary Committee hearings for Justice Brett Kavanaugh in 2018, an issue that factors deeply into the questions about her suitability for this latest nomination fight.

Feinstein waited for several weeks before disclosing allegations by Christine Blasey Ford that Kavanaugh had sexually assaulted her when they were teenagers. The bombshell accusations nearly sank Kavanaugh’s nomination, and senators in both parties questioned why Feinstein didn’t move more quickly to disclose Blasey Ford’s statement.

A Democratic senator, speaking on the condition of anonymity, said a group of Feinstein’s colleagues want Sen. Dick Durbin (D-Ill.) or Sheldon Whitehouse (D-R.I.) to serve as the top Democrat on the Judiciary panel for the upcoming nomination hearings, which are expected to be extraordinarily contentious. This senator is worried that potential missteps by Feinstein could cost Democrats seats.

“She’s not sure what she’s doing,” the Democratic senator said of Feinstein. “If you take a look at Kavanaugh, we may be short two senators because of that. And if this gets [messed] up, it may be the same result.”

“I think it could impact a number of seats we can win,” the senator added.

Another Democratic senator said party leaders were “in an impossible position,” pointing out that Senate Minority Leader Chuck Schumer (D-N.Y) and other senior Democrats can’t replace a female senator for hearings on an expected female nominee to replace a deceased female Supreme Court justice.

However, the senator said there have been discussions among some Democrats about making changes to the seniority system next year due to their concerns over Feinstein. The California Democrat would be Judiciary chair if Democrats win the majority.

A third Democratic senator put it this way: “She can’t pull this off.”

Other Democrats privately said there have been complaints to party leaders that Feinstein is not capable of handling the Judiciary post in the current situation. Some of these senators said Feinstein should have retired rather than run for reelection in 2018 at age 85. Feinstein’s age was an issue in that campaign and was raised repeatedly in news reports, but she defeated Democrat Kevin de Leon by almost 10 points.

Feinstein has already stumbled once in tangling with Amy Coney Barrett, who is widely seen as the frontunner to be Trump's Supreme Court nominee. At a 2017 hearing for an appeals court seat, Feinstein told Barrett that “the dogma lives loudly within you” — a remark that was instantly seized upon as anti-Catholic bias by Republicans.

Schumer declined to comment on Feinstein or her role on the Judiciary Committee.

To Feinstein, her work on the panel is comparable to what she’s seen from other Democratic ranking members across the Senate.

“And so it's difficult for me to see, I don't know what people expect,” Feinstein said. “I’ve been on the committee for a while. I’ve seen how the committee works and I’ve seen how other chairs on our side of the aisle work. I don’t see, to be very blunt and honest, I don’t see a big difference. I’m prepared, so that’s puzzling to me.”

Feinstein also pointed out that as the minority, Democrats only have limited weapons to wield in any nomination fight. McConnell eliminated the filibuster for Supreme Court nominees, so Democrats can slow the confirmation process down, but they can’t stop it as long as Republicans stick together.

“Let me say this — I know it’s going to be a fight, I understand that.” Feinstein said. “I don’t have a lot of tools to use, but I’m going to use what I have. We can try to delay and obstruct but they can run this process through. That doesn’t mean that we won’t fight tooth and nail.”

Feinstein — the first woman to serve as ranking member on Judiciary — has built a long record of legislative success since becoming a senator. She authored the 1994 assault weapons ban, pushed to increase automobile fuel-efficiency standards, and has been a leader on environmental and civil rights issues. Feinstein also led a long probe into the CIA's post-9/11 interrogation and detention programs that led to the historic 2014 torture report.

When asked whether Feinstein is still capable of doing the job of ranking member, Durbin said, “I believe she is.” Durbin is next in line on the panel behind Feinstein. Sen. Patrick Leahy (D-Vt.) has served longer on Judiciary than any other Democrat, but he serves as ranking member on Appropriations and can't hold both positions.

Durbin said he wasn’t aware of any discussion over replacing Feinstein. And as to suggestions from some of his colleagues that he should take over the Judiciary post, Durbin added, “I’m not going to get into that speculation.”

Whitehouse, a former U.S. attorney, wasn’t eager to discuss the Feinstein situation either, offering only a terse comment on the matter.

“She’s a very distinguished lady for whom I have great affection,” Whitehouse said, declining to comment any further.

There is recent Senate precedent in both parties for replacing senior senators who are seen as no longer capable of handling the job.

The late Sen. Strom Thurmond (R-S.C.) was replaced as the chairman of the Armed Services Committee during the late 1990s. And in 2008, the late Sen. Robert Byrd (D-W.Va.) voluntarily gave up his role as Appropriations Committee chairman. Over on the House side, committee chairs have been forced out at several key panels in recent decades, including Appropriations and Energy and Commerce.

But Feinstein is also not alone when it comes to aging lawmakers in powerful positions.

Feinstein is the second-oldest member of Congress behind Rep. Don Young (R-Alaska), who is almost two weeks older. Sen. Chuck Grassley (R-Iowa), chairman of the Finance Committee, is also 87, while Appropriations Chairman Richard Shelby (R-Ala.) is 86. Armed Services Chairman Jim Inhofe (R-Okla.), who is seeking reelection this year, is 85. Among House leadership — Speaker Nancy Pelosi and Majority Whip Jim Clyburn are 80 and Majority Leader Steny Hoyer is 81. Former Vice President Joe Biden will turn 78 shortly after Election Day and Trump is 74.

Some Judiciary Committee Democrats defended Feinstein and said they see no reason to try to replace her as ranking member.

“She’s an extraordinary person and I’m fully confident in her leadership,” said Sen. Cory Booker (D-N.J.).

“Her leadership has been really steadfast and courageous,” said Sen. Richard Blumenthal (D-Conn.). “She has extraordinary insights and instincts based on her vast experience. I see no reason to question this leadership.”

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The President Has Announced His Intention to Stage a Coup Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>   
Friday, 25 September 2020 08:22

Pierce writes: "And he has made whoever he nominates to the Supreme Court an accomplice in that effort."

Crowds of supporters gather in line to attend U.S. president Donald Trump's campaign rally at the Las Vegas Convention Center in Las Vegas, Nevada, U.S., February 21, 2020. (photo: Patrick Fallon/Reuters)
Crowds of supporters gather in line to attend U.S. president Donald Trump's campaign rally at the Las Vegas Convention Center in Las Vegas, Nevada, U.S., February 21, 2020. (photo: Patrick Fallon/Reuters)


The President Has Announced His Intention to Stage a Coup

By Charles Pierce, Esquire

25 September 20


And he has made whoever he nominates to the Supreme Court an accomplice in that effort.

he story of the day was the president*'s becoming his own Reichstag Fire on Wednesday. He was asked (repeatedly) whether or not he would peaceably leave office if he loses. For the benefit of future fugitive underground historians, here's the money shot.

"Well, we're going to have to see what happens...You know that I've been complaining very strongly about the ballots and the ballots are a disaster. Get rid of the ballots and you'll have a very ... there won't be a transfer, frankly. There'll be a continuation. The ballots are out of control."

But there's another bit of presidential musing* that seems to me to be just as alarming and certainly as significant.

“I think this will end up in the Supreme Court and I think it’s very important that we have nine justices, and I think the system’s going to go very quickly...I think this scam that the Democrats are pulling, it’s a scam, this scam will be before the United States Supreme Court and I think having a 4-4 situation is not a good situation. Just in case it would be more political than it should be, I think it’s very important to have a ninth judge.”

In a truly ethical system of politics, this would put every judge under consideration to replace Justice Ruth Bader Ginsberg in an impossible situation. The president* who will appoint one of them has said clearly that he expects to have a safe one in the bag when and if he fights the election results all the way up to the Supreme Court. And I will make the Toby Ziegler Wager—all the money in my pockets against all the money in Judge Whoever's pockets—that he already has asked his prospective justices for the same thing he asked the hapless James Comey in their private dinner meeting: loyalty. 

Now, it's one ongoing serious problem that the Republican Party has set up an entire mechanism by which a Justice David Souter can never happen again, and that the mechanism all but guarantees that the judges it produces will rule along party lines. That's a problem will have to be dealt with over the next several decades. But this is different by an order of magnitude from making sure that your judges will rule a certain way on environmental regulations. This is the president* telling you in advance that he expects you to violate your oath on an existential question regarding the survival of the republic. 

How can anyone possibly take that job under those circumstances? At the very least, wouldn't your professional ethics require that you announce that you will be recusing yourself from any decisions regarding the election to avoid even the appearance of a quid pro quo? And, even if the president* hinted at such an arrangement during your job interviews, isn't it your obligation as a citizen to inform your fellow citizens that these kind of shenanigans are underway? Isn't that information the country needs to know prior to electing its next president*? Isn't all this what anyone committed to an independent judiciary would do? For that matter, isn't that what a truly independent Supreme Court would do?

The president* has announced his intention to stage a coup. Judge Amy? Judge Barbara? Chief Justice Umpire? Got anything you'd like to add?

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Will We Be Able to Reverse Trump's Climate Damage? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=54858"><span class="small">Hannah Murphy, Rolling Stone</span></a>   
Friday, 25 September 2020 08:22

Murphy writes: "As we stumble ever closer to the collapse of ice sheets, oceans and forests, the range of meaningful action we could take narrows."

Windmills in the Mojave Desert outside of Lancaster, California. (photo: Getty)
Windmills in the Mojave Desert outside of Lancaster, California. (photo: Getty)


Will We Be Able to Reverse Trump's Climate Damage?

By Hannah Murphy, Rolling Stone

25 September 20


What Joe Biden would need to do starting from Day One to correct the course of U.S. climate policy

hen he talks about the Trump administration, David Doniger likes to say: “Imagine where we’d be if they knew what they were doing.” The climate lawyer and senior advisor to the NRDC Action Fund spends his days defending the environment from the U.S. government, and for the past three and a half years, that’s meant a front-row seat to the Trump administration’s relentless attacks on any regulation that’s meant to slow the climate crisis. 

But it’s also been a window into the hasty, sloppy, and legally dubious ways that they’ve gone about it. “One of the hallmarks of this administration is how incompetently they’re doing this,” says Doniger. “It shows up in how slowly they’ve been able to work, and how flimsy their legal rationales are.” Almost all of Trump’s attempts at deregulation — some 100 rules that he’s tried to eliminate or weaken — are being challenged in court, and environmentalists are steadily winning. According to the Institute for Policy Integrity at New York University, the Trump administration has lost 69 of the 83 legal challenges it’s faced in its deregulatory blitz. 

“We were saved by their incompetence,” says Andrew Wetzler, from the NRDC Action Fund, mainly by their failure to follow basic rule-making procedures. They rushed through the process, often shortening or entirely skipping over the required 60 days for public comment, which provided a clear opening for their rule changes to be challenged in court. The administration’s ineptitude has given environmentalists hope that if Trump loses the election, the policy impact of his unrelenting pro-fossil fuel agenda could ultimately be short-lived. “If he’s a one-term wonder,” says Doniger, “the biggest consequence of the Trump administration may just turn out to be lost time.” 

But time, at this hour of the climate fight, might be our most precious resource. As we stumble ever closer to the collapse of ice sheets, oceans and forests, the range of meaningful action we could take narrows. There is now believed to be more carbon dioxide in the air than any time in the last 3 million years. Our oceans are on track by the end of this century to become more acidic than they’ve been in some 15 million years — when they were enduring a major extinction event. Those oceans are also rising steadily enough to threaten the homes of 150 million people in the next three decades. “We lost years at a critical time,” says Wetzler. “We’re on the precipice of a number of climate and biological tipping points.” And, he says, we won’t fully understand the impact of that loss for years. 

If Biden wins in November, environmentalists say, his administration would have a slim window of opportunity to get our agencies back on track to meet the enormity of the climate crisis. “It means being aggressive from day one,” says Brett Hartl from the Center for Biological Diversity Action Fund. “And not futzing around — knowing what you’re going to do and implementing it immediately.” 

Making up for the lost time won’t be easy. Despite his slap-dash approach, Trump still managed to scramble the trajectory of American climate policy, creating a tangle of legal fights that will have to be cleared up for U.S. climate policy to move forward. And he left almost no part of our environmental regulatory structure untouched —  greenlighting fossil fuel infrastructure like the Dakota Access and Keystone XL Pipelines, setting us back on emission-reduction goals by reversing the Clean Power Plan and higher fuel-efficiency standards, and gutting the federal agencies that should be at the helm of our climate response. 

So how difficult will it be to unscramble this mess? It would have to happen in three parts, environmentalists say, and all three would have to start on day one. First, Biden would have a powerful arsenal of executive tools available to him — if he chooses to use them. A coalition of over 500 environmental groups has already assembled a plan for how he could effectively jumpstart our fight against the climate crisis using executive powers, which would avoid both going through Congress and the lengthy federal rule-making process.

Using executive power, Biden could declare a national climate emergency. It wouldn’t just send an important message to Americans — and the rest of the world — that we’re taking the climate crisis seriously; it would give the administration the power to mobilize the government on a massive scale, like ordering the Secretary of Defense to redirect military spending toward the rapid development of clean energy. 

Biden could also immediately order federal agencies to reverse the climate rollbacks Trump introduced through executive order — like allowing oil and gas companies to side-step state approval — and start issuing his own. Most urgently, Biden would have the power to keep more fossil fuels in the ground: He could direct the Secretary of the Interior to halt oil-and-gas leasing and fracking on federal lands, reinstitute the ban on exporting crude oil, and order all federal agencies to deny permits for new fossil fuel infrastructure, like pipelines, storage facilities, and refineries.   

He’d also be able to change the ways that money moves through the energy sector. He could prohibit the U.S. government from financing fossil fuel programs overseas and end all Department of Energy loans for fossil fuels stateside, while also requiring the Federal Reserve to manage climate risks — forcing it to acknowledge the current and future impact of climate change on our economy. 

Many of these tools were already available in the Obama era, but the administration chose not to use them. For example, “the Clean Air Act is actually quite clear that you have the authority to set national ambient air quality standards,” says Hartl. “It would have been incredibly bold, and it actually wouldn’t have had the problems that the Clean Power Plan had. They could have really moved the needle on greenhouse gases in a very, very powerful way.” But, Hartl says, the Obama administration shied away from these kinds of actions for fear of political consequences. 

Biden would face a very different national landscape. At the beginning of this year, two thirds of American adults said that protecting the environment should be a top priority of the federal government, up from only 30 percent at the beginning of Obama’s first term. In a poll last week, likely Democratic voters ranked climate change as the most important issue to them in this election, and Data for Progress, a progressive think tank, has found that talking about climate change could actually help persuade voters who are on the fence to vote for a Democrat. All of this is to say, a Biden administration could have an unprecedented political mandate to take action on the climate crisis. 

In addition to issuing executive orders, beginning on day one Biden would also need to start the process of unwinding the deregulation efforts that Trump carried out through the federal rule-making process — like rollbacks on the Endangered Species Act and fuel-emissions standards — and writing new ones to take their place. Environmentalists are confident that a new administration could systematically undo each rollback, but that process could take two years, according to Hartl.    

And the Biden administration would need to learn from Trump’s mistakes. Legal challenges from the industries that these regulations impact — the American Petroleum Institute, the National Mining Association — are inevitable, “so you have to go in and be prepared to defend it the first time,” says Hartl. That means following the process to the letter: establishing rules with legal backing from legislation like the Clean Air and Clean Water acts; opening the rule up to public comment; and then presenting a final rule that can stand up in court. Unlike Trump’s deregulation efforts, which were fighting against decades of environmental legislation, the law would be on Biden’s side. “The reality is that when Congress passed these laws,” says Hartl, “they were designed to make the environment better.” 

Finally, Biden would have to start hiring like mad. Over the past four years, Trump’s EPA and Interior Department have hemorrhaged talent. The Bureau of Land Management moved the majority of its staff out of Washington, D.C., leading some 70 percent of that staff to resign, and the EPA is nearly as small as it was during the Nixon era, when the EPA was founded. “That pattern, in the most extreme way, is mirrored throughout the environmental agencies,” says Wetzler. “There’s been a real brain drain of people who can’t stand in an agency and support the agenda under the Trump administration, and we’ll have to put back the pieces of very demoralized, and in some cases broken agencies.” 

But from those ashes, Biden could build a coalition of climate advocates across his Cabinet. His transition team, and the 4,000 people they appoint, are arguably more influential than any campaign promises he could make. “Personnel is policy,” says Jamal Raad, co-founder and campaign director for Evergreen Action, founded by former staffers of Gov. Jay Inslee’s presidential campaign. “We need to choose regulators that have a climate lens,” and that lens doesn’t end at the EPA — it can reach the Department of Agriculture, where we have to reimagine our food production to work with our changing climate, or the Treasury, where regulators could interpret the Dodd-Frank consumer protection act to include climate risks. And within the White House, Raad says, Biden could create a National Climate Council that’s equivalent to the National Economic Council. “There needs to be a plan to reorient the federal government so that climate is a lens in all decision making.” 

Heading into the general election, pressure from the left wing of the party shaped Biden’s $2 trillion climate plan, which is “a green new deal in all but name,” wrote activist and journalist Julian Brave NoiseCat. “It’s the most progressive, forward-leaning environmental plan that any candidate for president has ever released,” says Wetzler of the NRDC Action Fund. “It would represent incredible progress.” And while the Biden campaign hasn’t laid out a timetable for the plan, “the Biden team has been signaling their prioritization of climate by making it central to their economic recovery plans,” says Raad. “I think that folks should be cautiously optimistic — but vigilant — on the prospect of climate being a priority early in the first term.”

Of course, this all hinges on what happens in November. And if Trump is re-elected, his administration would have the chance to establish a legacy of more than just incompetence and squandered time. Four more years of Donald Trump being in charge of the environment could permanently alter the American landscape. 

In some cases, it would give the Trump administration time to fight back against the legal challenges they face, leaning on courts that they’ve stacked with anti-environmental judges. And damage could be done that will be near impossible to undo — rules can be changed, but mines can’t be unmined. The Trump administration has pursued the largest rollback of federally protected land in U.S. history. Bears Ears National Monument in Utah, for example, which Trump shrunk by 85 percent in 2017, is in the crosshairs of uranium developers. Trump’s move has been mired in lawsuits, but a second term could give them the time to untangle them, and hand the land over to the uranium lobbyists. 

Likewise, drilling in the Arctic National Wildlife Refuge was just approved in August, leaving little time for leasing, let alone actual development, before Inauguration Day. But if Trump wins, those leases are likely to move forward, as will the roads, pipelines, and oil rigs that come with them, doing permanent damage to a vital and fragile ecosystem. “Over time you’re looking at millions and millions of acres of fossil fuel leasing,” says Hartl from the Center for Biological Diversity Action Fund. “And eventually, once you get to the point where they’re actually putting drills in the ground, it’s very hard to undo that. You’re locking in a tremendous amount of fossil fuel infrastructure.”

Trump’s influence on the Supreme Court looms heavily for the environment as well. With Trump already raring to appoint a new justice to replace Ruth Bader Ginsburg, a second term is likely to offer him a fourth Supreme Court appointment, which would mean the highest court would house seven Republican-appointed justices. When you’re suing over environmental issues, the court’s make-up can be the difference between having your day in court, and not. “For example, there’s a general judicial doctrine called ‘standing,’ or your ability to go to court to pursue your aggrieved interests,” explains Hartl. “Conservative judges want to narrow who has standing as much as possible, because that limits access to the courts. When you’re fighting for the environment, and your interest is protecting an endangered species or the atmosphere or the water, they’ve already made it hard for us to go to court, to have standing. And they can narrow it even further so that we don’t even have recourse. Our ability to just fight for the environment is at stake.”

The climate movement has never been more clear on what it is fighting for and what it needs to do, and finally has a presidential candidate who is signaling some willingness to do it. The prescription is fairly simple: Stop burning fossil fuels so we can begin drawing down the carbon in the atmosphere that’s overheating our planet and disrupting the systems that have supported life on Earth as we know it. The president has a lot of power to take that action, and we have no time to lose. “It’s true that we have 30 years [before an irreversible climate collapse], but when you act on that 30-year scale really affects how radically you have to act,” says Wetzler. “If you think about where the United States was at the beginning of the Trump administration — and where the world was, in terms of taking climate change seriously — it’s a huge, squandered opportunity.” This November, we can choose to act, and set ourselves back on course. “If this is a one-time, Black Swan event, we’re probably going to recover as a nation,” says Doniger. “This is the project of the century.”

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Ruth Bader Ginsburg Didn't Solve Sexism in America. But She Died Trying Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11993"><span class="small">Jill Filipovic, Guardian UK</span></a>   
Thursday, 24 September 2020 12:42

Filipovic writes: "Ruth Bader Ginsburg's death on Friday was gutting, especially for American feminists."

'We've retained her legacy - the opportunities she created, the legal rights she fought for, and the norms she changed.' (photo: Steven Senne/AP)
'We've retained her legacy - the opportunities she created, the legal rights she fought for, and the norms she changed.' (photo: Steven Senne/AP)


Ruth Bader Ginsburg Didn't Solve Sexism in America. But She Died Trying

By Jill Filipovic, Guardian UK

24 September 20


A generation of women who admire the Notorious RBG work, in ways large and small, to emulate her

uth Bader Ginsburg’s death on Friday was gutting, especially for American feminists. Even before her death, Ginsburg was not just a supreme court justice; she was a feminist icon, the Notorious RBG. She represented the kind of path to influence and power that today’s young women can imagine emulating, succeeding because of her own hard work, her meticulousness, and her intelligence (and, it should be said, to her excellent decision to marry a man who saw her as his intellectual and professional equal). She wasn’t on a soapbox with a megaphone; she was a quieter sort of dissident, always cool and collected even when she was clearly enraged, a kind of sharp fury that occasionally came across in her dissents – ice so cold it burns.

Ginsburg is celebrated, first and foremost, for what she accomplished. As a law professor, lawyer, and judge, she practically created the legal concept of gender discrimination, and then set about challenging that discrimination wherever it lived. Sometimes, the beneficiaries of her work were men; more broadly, though, her work and her own barrier-breaking (she was often the only or one of few women in any given room) meant that generations of women after her had an easier time getting into law school, getting legal jobs, arguing cases in court, and asserting their rights in the workplace and outside of it.

As a lawyer she argued, and later as a judge she decided, some of the most important gender discrimination cases in American history, including one that held that the Virginia Military Academy’s male-only admissions policy was unconstitutional. In that opinion, she gave readers an accessible, compelling lesson in the history of discrimination on the basis of sex in America. Without Ginsburg, and certainly without the other feminist lawyers who proceeded her and whose work carries on, American women would not have the rights and opportunities we do today.

She also appeals to a particular kind of American feminist: one who appreciates and understands that the work of change is done on many levels. We need the activists like Gloria Steinem and Dolores Huerta, the theorists like bell hooks and Simone de Beauvoir, the creatives like Kathleen Hanna and Audre Lorde, and the women who work within the system to change it, including elected officials, lawyers, and judges. Ginsburg was very much a system-worker, using the analytical, rational conceit of the law to change it.

For a lot of women, especially those who are more bookworm than rabble-rouser, Ginsburg embodied a kind of quiet power that felt both thrilling and accessible. No, most of us are not going to be supreme court justices. But for today’s young women, who were raised in an era where being a “good girl” meant being a smart girl, Ginsburg’s success represented the pinnacle of what we were promised: that hard work pays off; that if you’re meticulous enough in all you do, you don’t need to be the loudest or the most intimidating or even the most charismatic to make change happen. You just have to be excellent. And a lot of American women spent their girlhoods and young adulthoods cultivating excellence.

Of course, the sad reality is that the promise that excellence means success isn’t always true; you can be excellent at something, as many women are, and still run into the many barriers women face: extreme inequality that makes what should be basic only on offer to a privileged few; the difficulty in working and having a family in a nation that puts the burden of childcare on individuals, and mostly on women; deep biases that still favor men and afford them a higher presumption of competence, authority, and importance. But Ginsburg fought these barriers, too, in her personal and professional life. Her marriage was a model for what gender egalitarianism could look like.

It wasn’t perfect, but by all accounts her husband, Marty, did his fair share at home so both he and his wife could do their best at work. They didn’t just flip the genders of the traditional caregiver / breadwinner roles, they were two ambitious, brilliant people, and so they both took on caregiving and breadwinning with equal commitment. So often, the biographies of even the most brilliant and admired women include men as cautionary tales: men who are unsupportive, who undermine, who hold back, who sap energy, or, perhaps, no men at all – the implication being that accomplished and ambitious women are often too much for male partners. The Ginsburgs offered a model that was as desirable as it was possible. Marty wasn’t just a mensch, he showed it was possible for women to expect more. And Ruth was a shining example of what women could achieve when they didn’t settle and their husbands stepped up.

No one has done as much for women’s legal rights as Ruth Bader Ginsburg. For feminists, we didn’t just lose an icon, we lost one of our greatest advocates and legal minds. And many of us lost a role model.

But we’ve retained her legacy – the opportunities she created, the legal rights she fought for, and the norms she changed. A generation of women who admire the Notorious RBG work, in ways large and small, to emulate her. Ruth Bader Ginsburg didn’t solve sexism in America. But she died trying, and a lot of us are picking up where she left off.

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This Vanishing Moment and Our Vanishing Future Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=7517"><span class="small">Nick Turse, TomDispatch</span></a>   
Thursday, 24 September 2020 12:42

Turse writes: "Whether you're reading this with your morning coffee, just after lunch, or on the late shift in the wee small hours of the morning, it's 100 seconds to midnight. That's just over a minute and a half. And that should be completely unnerving."

The shell of a government office in Hiroshima, Japan, a month after the U.S. dropped its atomic bomb in August 1945. (photo: Stanley Troutman/AP)
The shell of a government office in Hiroshima, Japan, a month after the U.S. dropped its atomic bomb in August 1945. (photo: Stanley Troutman/AP)


This Vanishing Moment and Our Vanishing Future

By Nick Turse, TomDispatch

24 September 20

 


It was the end of the world, but if you didn’t live in Hiroshima or Nagasaki, you didn’t know it. Not in 1945 anyway. One man, John Hersey, brought that reality to Americans in an unforgettable fashion in a classic 1946 report in the New Yorker magazine on what happened under that first wartime mushroom cloud. When I read it in book form as a young man -- and I did so for a personal reason -- it stunned me. Hersey was the master of my college at Yale when I was an undergraduate and he was remarkably kind to me. That report of his from Hiroshima would haunt me for the rest of my life.

In 1982, I actually visited that city. I was then an editor at the publishing house Pantheon Books. I had grown up in a 1950s world in which schoolchildren “ducked and covered” (diving under our desks) in drills to learn how to protect ourselves -- I know it sounds ridiculous today -- should Russian nuclear weapons hit New York, the city I lived in. Yellow signs indicating air-raid shelters were then commonplace on the streets. In those years, people not in cities were building their own personal fallout shelters, stocked with food, and some even threatened to shoot anyone who tried to join them there as the missiles descended. (A friend of mine remembers just such a threat, delivered by one of his schoolmates about his father’s shelter.)

We were, in other words, in a Cold War world that always seemed to be teetering at the edge of the apocalyptic. And yet here was the strange thing: with the obvious exception of Hersey’s book, there were still, in those years, remarkably few ways to see under those mushroom clouds that had destroyed the cities of Hiroshima and Nagasaki.

In my youth, I “saw” under that cloud only once -- in scenes in the French film Hiroshima Mon Amour. After the core of the nuclear plant at Three Mile Island in Pennsylvania partially melted down in 1979, I realized how few Americans knew anything about the effects of radiation sickness or about what had truly happened at Hiroshima and I had an urge to find a book that took you under that grim cloud. I called John Dower, an old friend and historian of World War II and the occupation of Japan, and he recommended a Japanese book called Unforgettable Fire, containing the drawings of Hiroshima survivors. When I finally got a copy in my hands, I was chilled to the bone. I published it in 1981 just as a domestic antinuclear movement was gaining traction and because of that, the book’s memorable images would travel the country in slide shows.

Then its Japanese editor invited me to visit his country, ostensibly to meet other publishers there. Born near Nagasaki, however, it turned out he simply couldn’t believe an American editor had been willing to publish that book of his and had a deep desire to take me to Hiroshima. I was impressed by the bustle of Tokyo and the beauty of Kyoto, but Hiroshima? To be polite, I agreed to go, but I felt blasé about it. After all, I had already published the book. I knew what had happened. By then, Hiroshima was, of course, a thriving city, but he took me to the Hiroshima Peace Memorial Museum. Even with its caramelized child’s lunch box and other artifacts, it could catch but the slightest edge of that nightmare experience. Still, emotionally it blew me away. Despite Hersey, despite Unforgettable Fire, despite Hiroshima Mon Amour, I realized that I had grasped next to nothing about the true nature of atomic warfare. When I returned to the U.S., though I couldn’t stop talking about Japan, I found that I could hardly say a word about Hiroshima. What being unable to truly duck and cover meant had overwhelmed me.

So, as the world enters yet another (hypersonic) nuclear arms race and the Trump administration tears up Cold War nuclear pacts, I understand just why TomDispatch managing editor Nick Turse reacted so strongly (as I did when I read it this summer) to a powerful, new book on John Hersey’s Hiroshima experience, Lesley Blume’s Fallout: The Hiroshima Cover-up and the Reporter Who Revealed It to the World. He and I have both been living with Hersey’s Hiroshima report for a lifetime in a world that somehow refuses to grasp, even on an increasingly apocalyptic planet, what nuclear war truly means.

-Tom Engelhardt, TomDispatch



hether you’re reading this with your morning coffee, just after lunch, or on the late shift in the wee small hours of the morning, it’s 100 seconds to midnight. That’s just over a minute and a half. And that should be completely unnerving. It’s the closest to that witching hour we’ve ever been.

Since 1947, the Bulletin of the Atomic Scientists has adjusted its Doomsday Clock to provide humanity with an expert estimate of just how close all of us are to an apocalyptic “midnight” -- that is, nuclear annihilation. A century ago, there was, of course, no need for such a measure. Back then, the largest explosion ever caused by humans had likely occurred in Halifax, Canada, in 1917, when a munitions ship collided with another vessel, in that city’s harbor. That tragic blast killed nearly 2,000, wounded another 9,000, and left 6,000 homeless, but it didn’t imperil the planet. The largest explosions after that occurred on July 16, 1945, in a test of a new type of weapon, an atomic bomb, in New Mexico and then on August 6, 1945, when the United States unleashed such a bomb on the Japanese city of Hiroshima. Since then, our species has been precariously perched at the edge of auto-extermination.

No one knows precisely how many people were killed by the world’s first nuclear attack. Around 70,000, nearly all of them civilians, were vaporized, crushed, burned, or irradiated to death almost immediately. Another 50,000 probably died soon after. As many as 280,000 were dead, many of radiation sickness, by the end of the year. (An atomic strike on the city of Nagasaki, three days later, is thought to have killed as many as 70,000.) In the wake of the first nuclear attack, little was clear. “What happened at Hiroshima is not yet known,” the New York Times reported that August 7th and the U.S. government sought to keep it that way, portraying nuclear weapons as nothing more than super-charged conventional munitions, while downplaying the horrifying effects of radiation. Despite the heroic efforts of several reporters just after the blast, it wasn’t until a year later that Americans -- and then the rest of the world -- began to truly grasp the effects of such new weaponry and what it would mean for humanity from that moment onward.

We know about what happened at Hiroshima largely thanks to one man, John Hersey. He was a Pulitzer Prize-winning novelist and former correspondent for TIME and LIFE magazines. He had covered World War II in Europe and the Pacific, where he was commended by the secretary of the Navy for helping evacuate wounded American troops on the Japanese-held island of Guadalcanal. And we now know just how Hersey got the story of Hiroshima -- a 30,000-word reportorial masterpiece that appeared in the August 1946 issue of the New Yorker magazine, describing the experiences of six survivors of that atomic blast -- thanks to a meticulously researched and elegantly written new book by Lesley Blume, Fallout: The Hiroshima Cover-Up and the Reporter Who Revealed It to the World.

Only the Essentials

When I pack up my bags for a war zone, I carry what I consider to be the essentials for someone reporting on an armed conflict. A water bottle with a built-in filter. Trauma packs with a blood-clotting agent. A first-aid kit. A multitool. A satellite phone. Sometimes I forgo one or more of these items, but there’s always been a single, solitary staple, a necessity whose appearance has changed over the years, but whose presence in my rucksack has not.

Once, this item was intact, almost pristine. But after the better part of a decade covering conflicts in South Sudan, the Democratic Republic of Congo, Libya, and Burkina Faso, it’s a complete wreck. Still, I carry it. In part, it’s become (and I’m only slightly embarrassed to say it) something of a talisman for me. But mostly, it’s because what’s between the figurative covers of that now-coverless, thoroughly mutilated copy of John Hersey’s Hiroshima -- the New Yorker article in paperback form -- is as terrifyingly brilliant as the day I bought it at the Strand bookstore in New York City for 48 cents.

I know Hiroshima well. I’ve read it cover-to-cover dozens of times. Or sometimes on a plane or a helicopter or a river barge, in a hotel room or sitting by the side of a road, I’ll flip it open and take in a random 10 or 20 pages. I always marveled at how skillfully Hersey constructed the narrative with overlapping personal accounts that make the horrific handiwork of that weapon with the power of the gods accessible on a human level; how he explained something new to this world, atomic terror, in terms that readers could immediately grasp; how he translated destruction on a previously unimaginable scale into a cautionary tale as old as the genre itself, but with an urgency that hasn’t faded or been matched. I simply never knew how he did it until Lesley Blume pulled back the curtain.

Fallout, which was published last month -- the 75th anniversary of America’s attack on Hiroshima -- offers a behind-the-scenes glimpse of just how Hersey and William Shawn, then the managing editor of the New Yorker, were able to truly break the story of an attack that had been covered on the front pages of the world’s leading newspapers a year earlier and, in the process, produced one of the all-time great pieces of journalism. It’s an important reminder that the biggest stories may be hiding in plain sight; that breaking news coverage is essential but may not convey the full magnitude of an event; and that a writer may be far better served by laying out a detailed, chronological account in spartan prose, even when the story is so horrific it seems to demand a polemic.

Hersey begins Hiroshima in an understated fashion, noting exactly what each of the six survivors he chronicles was doing at the moment their lives changed forever. “Not everyone could comprehend how the atomic bomb worked or visualize an all-out, end-of-days nuclear world war,” Blume observes. “But practically anyone could comprehend a story about a handful of regular people -- mothers, fathers, grade school children, doctors, clerks -- going about their daily routines when catastrophe struck.”

As she points out, Hersey’s authorial voice is never raised and so the atomic horrors -- victims whose eyeballs had melted and run down their cheeks, others whose skin hung from their bodies or slipped off their hands like gloves -- speak for themselves. It’s a feat made all the more astonishing when one considers, as Blume reveals, that its author, who had witnessed combat and widespread devastation from conventional bombing during World War II, was so terrified and tormented by what he saw in Hiroshima months after the attack that he feared he would be unable to complete his assignment.

Incredibly, Hersey got the story of Hiroshima with official sanction, reporting under the scrutiny of the office of the Supreme Commander for the Allied Powers, General Douglas MacArthur, the head of the American occupation of defeated Japan. His prior reportage on the U.S. military, including a book focused on MacArthur that he later called “too adulatory,” helped secure his access. More amazing still, the New Yorker -- fearing possible repercussions under the recently passed Atomic Energy Act -- submitted a final draft of the article for review to Lieutenant General Lesley Groves, who had overseen the Manhattan Project that created the atomic bomb, served as its chief booster, and went so far as to claim that radiation poisoning “is a very pleasant way to die.”

Whatever concessions the New Yorker may have made to him have been lost in the sands of time, but Groves did sign off on the article, overlooking, as Blume notes, “Hersey’s most unsettling revelations: the fact that the United States had unleashed destruction and suffering upon a largely civilian population on a scale unprecedented in human history and then tried to cover up the human cost of its new weapon.”

The impact on the U.S. government would be swift. The article was a sensation and immediately lauded as the best reporting to come out of World War II. It quickly became one of the most reprinted news pieces of all time and led to widespread reappraisals by newspapers and readers alike of just what America had done to Japanese civilians at Hiroshima and Nagasaki. It also managed to shine a remarkably bright light on the perils of nuclear weapons, writ large. “Hersey’s story,” as Blume astutely notes, “was the first truly effective, internationally heeded warning about the existential threat that nuclear arms posed to civilization.”

Wanted: A Hersey for Our Time

It’s been 74 years since Hiroshima hit the newsstands. A Cold War and nuclear arms race followed as those weapons spread across the planet. And this January, as a devastating pandemic was beginning to follow suit, all of us found ourselves just 100 seconds away from total annihilation due to the plethora of nuclear weapons on this earth, failures of U.S.-Russian cooperation on arms control and disarmament, the Trump administration’s trashing of the 2015 Iran nuclear deal, and America’s efforts to develop and deploy yet more advanced nukes, as well as two other factors that have sped up that apocalyptic Doomsday Clock: climate change and cyber-based disinformation.

The latter, according to the Bulletin of the Atomic Scientists, is corrupting our “information ecosphere,” undermining democracy as well as trust among nations, and so creating hair-trigger conditions in international relations. The former is transforming the planet’s actual ecosystem and placing humanity in another kind of ultimate peril. “Dangerous rivalry and hostility among the superpowers increases the likelihood of nuclear blunder,” former California Governor Jerry Brown, the executive chair of the Bulletin, said earlier this year. “Climate change just compounds the crisis. If there’s ever a time to wake up, it’s now.”

Over the last three-plus years, however, President Donald Trump has seemingly threatened at least three nations with nuclear annihilation, including a U.S. ally. In addition to menacing North Korea with the possibility of unleashing “fire and fury” and his talk of ushering in “the end” of Iran, he even claimed to have “plans” to exterminate most of the population of Afghanistan. The “method of war” he suggested employing could kill an estimated 20 million or more Afghans, almost all of them civilians. John Hersey, who died in 1993 at the age of 78, wouldn’t have had a moment’s doubt about what he meant.

Trump’s nuclear threats may never come to fruition, but his administration, while putting significant effort into deep-sixing nuclear pacts, has also more than done its part to accelerate climate change, thinning rules designed to keep the planet as habitable as possible for humans. A recent New York Times analysis, for example, tallied almost 70 environmental rules and regulations -- governing planet-warming carbon dioxide and methane emissions, clean air, water, and toxic chemicals -- that have been rescinded, reversed, or revoked, with more than 30 additional rollbacks still in progress.

President Trump has not, however, been a total outlier when it comes to promoting environmental degradation. American presidents have been presiding over the destruction of the natural environment since the founding of the republic. Signed into law in 1862 by Abraham Lincoln, the Homestead Act, for instance, transformed countless American lives, providing free land for the masses. But it also transferred 270 million acres of wilderness, or 10% of the United States, into private hands for “improvements.”

More recently, Ronald Reagan launched attacks on the Environmental Protection Agency through deregulation and budget cuts, while George W. Bush’s administration worked to undermine science-based policies, specifically through the denial of anthropogenic climate change. The difference, of course, was that Lincoln couldn’t have conceptualized the effects of global warming (even if the first study of the “greenhouse effect” was published during his lifetime), whereas the science was already clear enough in the Reagan and Bush years, and brutally self-apparent in the age of Trump, as each of them pursued policies that would push us precious seconds closer to Armageddon.

The tale of how John Hersey got his story is a great triumph of Lesley Blume’s Fallout, but what came after may be an even more compelling facet of the book. Hersey gave the United States an image problem -- and far worse. “The transition from global savior to genocidal superpower was an unwelcome reversal,” she observes. Worse yet for the U.S. government, the article left many Americans reevaluating their country and themselves. It’s beyond rare for a journalist to prompt true soul-searching or provide a moral mirror for a nation. In an interview in his later years, Hersey, who generally avoided publicity, suggested that the testimony of survivors of the atomic blasts -- like those he spotlighted -- had helped to prevent nuclear war.

“We know what an atomic apocalypse would look like because John Hersey showed us,” writes Blume. Unfortunately, while there have been many noteworthy, powerful works on climate change, we’re still waiting for the one that packs the punch of “Hiroshima.” And so, humanity awaits that once-in-a-century article, as nuclear weapons, climate change, and cyber-based disinformation keep us just 100 clicks short of doomsday.

Hersey provided a template. Blume has lifted the veil on how he did it. Now someone needs to step up and write the world-changing piece of reportage that will shock our consciences and provide a little more breathing room between this vanishing moment and our ever-looming midnight.



Nick Turse is the managing editor of TomDispatch and a fellow at the Type Media Center. He is the author most recently of Next Time They’ll Come to Count the Dead: War and Survival in South Sudan and of the bestselling Kill Anything That Moves.

Follow TomDispatch on Twitter and join us on Facebook. Check out the newest Dispatch Books, John Feffer’s new dystopian novel (the second in the Splinterlands series) Frostlands, Beverly Gologorsky's novel Every Body Has a Story, and Tom Engelhardt's A Nation Unmade by War, as well as Alfred McCoy's In the Shadows of the American Century: The Rise and Decline of U.S. Global Power and John Dower's The Violent American Century: War and Terror Since World War II.

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