Welcome to the Halloween week’s newsletter, which the Supreme Court has not yet arbitrarily ruled to be a violation of Republicans’ right to win every election ever held.
IF HE APPOINTS ONE MORE RIGHT-WING REACTIONARY TO SCOTUS, TRUMP WINS A FREE SET OF STEAK KNIVES
I suppose there was a time when America could assume the justices of the Supreme Court were not rank partisans or blithering idiots (or both). Perhaps it was all the myth-making surrounding some of the progressive decisions of the Court in Earl Warren’s heyday that blinded us to its general record as a reactionary redoubt over the much longer timeline that encompasses all of American history. (This is when I regret majoring in film in college instead of history. What can I say, I wanted to have fun.)
Republicans recognized this mythological reverence for the electoral shortcut it was decades ago, which is why conservatives have invested so much energy and resources into capturing the judiciary. Even if it meant setting the Senate on fire and elevating utter mediocrities to the highest courts.
This week was Exhibit A for this strategy as Brett Kavanaugh, in ruling that the state of Wisconsin’s own Supreme Court could not extend a deadline for voters to return absentee ballots, proved my two-year-old observation about him. Namely that he seems to have the judicial intellect of a zucchini.
From Slate:
Kavanaugh’s opinion was an assault on the integrity of America’s upcoming election; it was also extraordinarily sloppy, riddled with errors that would make even a traffic court judge blush. It’s worth highlighting these mistakes, not just to set the record straight but also to show how Kavanaugh uses falsehoods to twist the law against voting rights.
Kavanaugh’s opinion was in fact so sloppy that the Secretary of State of Vermont published an open letter the next day demanding he correct an error in which he claimed the state had not changed any of its election rules to accommodate voting during the pandemic. (In fact, it had.)
Seriously, a journalism outlet that published a story that error-riddled would have to add a whole bunch of editor’s notes to correct them, if not flat-out retract the piece. Kavanaugh not only gets away with it, but his writing will then be used by lower courts to justify all sorts of shenanigans around voting for the indefinite future. So it’s a bit more impactful.
Whether Kavanaugh and his law clerks who probably drafted a great deal of the decision are arrogant partisans who know they can get away with putting a thumb on the electoral scales with no career consequences, or they genuinely have the research skills of an otter with a head injury, is not known. Either option is very bad.
While Kavanaugh was justifying half the political world’s lack of faith in his abilities and intelligence, his newest co-worker, Amy Coney Barrett, was gleefully joining Mandarin Mussolini on a White House balcony for a SCOTUS inauguration that would not have looked out of place in a tinpot Latin America dictatorship:
Of course Trump immediately turned the whole spectacle into a campaign ad. So much for the independent judiciary!
For decades there has been debate around whether Supreme Court justices should even attend the annual State of the Union address, lest they be seen as partisans biased in favor of one president or the other. Now here is a justice, confirmed in a rush amid a Category-5 hurricane of anger and controversy, making herself into a prime exhibit for the case that the Court should be expanded to dilute its partisanship. It’s a hell of a thing to watch.
REFORM ‘EM ALL AND LET GOD SORT ‘EM OUT
There are a million legal writers who can get into the nitty-gritty of Thursday night’s Eighth Circuit Court opinion regarding mail-in ballots in Minnesota. But they and at least one of the state’s elected Senators are rightfully in an infinity-alarm fire over it:
Briefly, a three-judge panel ruled 2-1 that mail-in ballots in Minnesota have to have been received by county registrars by Election Day, not just postmarked. (Previously, there had been a seven-day grace period.) The panel handed this decision down on Thursday night, effectively changing a major rule five days before the election.
So let’s say you are a Minnesota voter. You dropped your ballot in a mailbox on Thursday afternoon, before this decision came down. If the Postal Service, which has notoriously made changes under a Trump appointee in recent months that have caused massive slowdowns in mail delivery, fails to get that ballot to the elections office by Tuesday, as it stands right now, your vote will not be counted.
How is this not disenfranchisement? How is it not disenfranchisement to change a major rule this close to the election in such a way that thousands and thousands of ballots already in the mail might get tossed out?
As of Friday morning, I have not seen any news about the opinion being appealed to either the full Eighth Circuit or the Supreme Court. But even if there is time for a SCOTUS appeal, there is zero reason to believe that the conservative majority on that court won’t uphold this decision, no matter how transparently farcical and outrageous and obvious a threat to voting rights it is.
The GOP is unable to win elections based on the merits, so it has resorted to packing the courts full of rabid partisans who can be confident that their anti-democratic, vote-suppressing decisions will stand. I don’t think it’s alarmist to say that American democracy at the moment is seriously imperiled.
Ugh, we’re going to have to march, and I hated crowds even before there was a risk of catching the plague from one.
AND NOW FOR SOMETHING COMPLETELY TERRIFYING
Denis Leary had a stand-up bit in the early 1990s where he would holler about the myriad dangers of living in New York:
There are so many ways to die in New York! Race riots, drive-by shootings, subway crashes, construction cranes collapsing on the sidewalks, manhole covers blowing up and asbestos shooting into the sky! […]
You could be walking down the street tomorrow, feeling good about yourself, drink-free, drug-free, looking forward to the future and somebody accidentally nudges their poodle off of a 75th-floor ledge. And he's headed for the ground at a hundred-and-seventy-five thousand miles per hour. And KERCHUNK! He's embedded in your head! You're dead on contact. The headline in the Post the next day reads, “Man killed by best friend.”
I kept thinking about that bit when I read this story of a New Yorker who was swallowed by a sinkhole and fell fifteen feet into a nest of seething rats.
Luckily unlike Leary’s Poodle Man, this guy survived, albeit with some broken bones and presumably enough nightmare fuel to traumatize his great-great-great-great-great grandchildren. But holy crap, as if New York hasn’t had enough going on this year, now its residents have to worry about suddenly turning into a supervillain origin story.
AND FINALLY…
I have no idea what Tuesday will bring. And among the myriad reasons why I have no idea is that I can’t see all the ways in which the GOP has tried to put its thumb on the scale. There are a million potential legal challenges out there, a conscience- and moral-free hack of an Attorney General in William Barr, and entirely too many Trump-appointed loons in the judiciary for anyone to be comfortable even if the returns give Joe Biden an overwhelming numerical lead.
But the major obstacle to predicting anything is Trump himself. I don’t believe there is a limit to the depths to which he will sink to win, but it’s impossible to anticipate every rumor, smear, or slur that he will conjure up from the depths of the pile of wet cardboard and rat poison that he calls his mind.
Could Trump challenge the results in states that he has lost by hundreds of thousands or even millions of votes? Sure, why not. Could his supporters, who live in a right-wing Mordor where leftists are plotting to commit massive voter fraud, run wild and intimidate voters into staying away from the polls, or riot in states and cities where the count is contested? Totally.
Would Trump encourage all of this and more? I wouldn’t put it past him. As far as his re-election is concerned, the world should be preparing for every worst-case scenario. If he winds up being too lazy to do much more than angrily tweet about it even while he’s packing up the Oval Office, I’ll be thrilled. But I’m certainly not counting on it, or on norms and institutions holding. Too many of them have fallen apart in the last four years to believe otherwise.
It’s pretty terrifying. Not much to do except take deep breaths, know hope, and lay in a large supply of alcohol before Tuesday night. Which brings us to…
YOUR BARTENDER’S GUIDE BY TRADER VIC’S NOVELTY COCKTAIL OF THE WEEK
My mom was not much of a drinker. She would maybe have a glass of white wine if she was out at dinner or at a friend’s house, or some champagne on New Year’s or some other celebration. But even that was rare.
The one exception: when I was a kid, she would very, very occasionally indulge in a glass of Kahlua at the end of a hard day. I assume the sweetness of it appealed to her as a general non-drinker and suga addict. In that spirit (no pun intended), this week’s cocktail is…
The Barbara
1 oz. vodka
1/2 oz. creme de cacao
1/2 oz. cream
Shake with cracked ice; strain into chilled cocktail glass
Admittedly, the Barbara (which I should note was not my mom’s name) made a nice change from the harshness of the last few drinks I’ve tried. But it reminded me a lot of the Kahlua she let me taste once or twice: milky, sweet, and barely more alcoholic than a pouch of Capri Sun. I felt as if I could have tossed down a whole bunch of them. So if you like your drinks to taste a bit like swallowing a melted Milky Way, go ahead and make yourself a dozen you can guzzle like water while watching the returns roll in on Tuesday night.
YOUR SHEARWATER SONG OF THE WEEK
Any song with the refrain of “Will you calm down, sir” feels very appropriate this week.
Deep breaths. We’ve made it this far.


