Saturday, January 30, 2016

9th Circuit: Wrong again, Judge Jones!

from reviewjournal.com





The good news for often-overturned U.S. District Court Judge Robert C. Jones is that he's at least 65 percent less likely to be overturned by the 9th Circuit Court of Appeals.
That's because starting next month, Jones will take senior status and work on only about 35 percent of his former caseload.
When we last left Jones — apparently auditioning for the new reality show "Law & Order: Reversed and Remanded" — he was being corrected once again by the appeals court, which went so far as to take a case away from him because of bias.
But that's no surprise for a judge who has seemingly allowed his personal views to affect his work on the bench in a number of cases.
In 2012, Jones heard the case attacking Nevada's gay marriage constitutional amendment, wrote a feeble defense of it and was promptly overturned. But when the 9th Circuit later sent it back to him with an order to rule for the plaintiffs, Jones recused himself from the matter entirely.
Jones unconscionably delayed filing his incorrect ruling in a lawsuit filed by nervous Republican supporters of Mitt Romney in 2012, who were seeking to eliminate the ballot option that allows Nevadans to vote for "none of these candidates." With a ballot-printing deadline approaching, the 9th Circuit yanked the case from his court, reversed him and allowed the election to go forward — with "none" as an option.
Jones was bounced from a case last year after showing his bias against allowing out-of-state lawyers to participate in a case. The 9th Circuit said reassigning a case was only done in rare and extraordinary circumstances, but was appropriate in that matter.
But those rare and extraordinary circumstances are getting more common all the time: In an epic public-lands case, Jones has once again been reversed and removed due to bad rulings and bias.
The 9th Circuit said last week that Jones' ruling in favor of the family of sagebrush rebel Wayne Hage presented a "newly minted" and "idiosyncratic" legal theory contravened by precedent. Not only that, Jones' ruling contained a misleading citation of a previous case. The reversal — positively dripping with disdain for Jones' opinion — held that Hage had trespassed on public lands by grazing cattle without permission or paying fees.
"Defendants [the Hage family] openly trespassed on federal land," the appeals court wrote. "Rather than simply resolving the fact-specific inquires as to when and where the cattle grazed illegally, the district court applied an 'easement by necessity' theory that plainly contravenes the law."
By the way, the passage in the ruling in which the 9th Circuit outlines the legal authority of the federal government to own and control land should be must reading for the constitutionally confused cowboys of the Bundy family and their supporters.
In addition to overturning Jones, the 9th Circuit also dismissed two contempt citations that appeals judges said Jones had improperly issued to government workers who were doing their jobs.
"A dispassionate observer would conclude that the district judge harbored animus toward the federal agencies. Unfortunately, the judge's bias and prejudgment are a matter of public record," they wrote.
Unfortunately, it is. Not only has Jones argued openly with the 9th Circuit in his briefs, he's taken to publishing his political opinions, including criticizing federal agencies and even former Attorney General Eric Holder as a person who "selectively enforces laws to further political objectives." Tell the kettle the pot is on the phone …
By taking senior status, Jones will preside over a much smaller number of cases, which will surely help ease the 9th Circuit's workload somewhat. But he'll still be in a position to work mischief until he finally retires for good. Until that day, Judge Robert "Reversed and Remanded" Jones will remain badly in need of adult supervision.
— Steve Sebelius is a Review-Journal political columnist and co-host of the show "PoliticsNOW" airing at 5:30 p.m. Sundays on 8NewsNow. Follow him on Twitter (@SteveSebelius) or reach him at 702-387-5276 orSSebelius@reviewjournal.com.

Thursday, January 21, 2016

Nomenclatural Democracy?: Race (False)-Consciousness

from counterpunch.org









You want controversy? I’ll give you CONTROVERSY: The individual or group stands tall, is fully confident (liberated from feel-good shortcuts for remedying internalized perceptions of injured self-esteem, themselves based on historical-cultural realities of repression, discrimination, even prior servitude), and hence proudly affirms a condition of freedom, identity, and human worth, if and only if said individual or group removes all public-relations, symbolic, and etymological crutches standing in the way to an emancipated mindset free to combat, with others, systemic conditions responsible for all invidious distinctions in the first place. From a radical standpoint, race is a false social category, precisely because it undermines the actual practice of class, as in the formation of consciousness and the creation and energizing of protest. Race is divisive, as in its practical usage by ruling groups to divide the ranks of working people and set one group against another (the obvious strategy in the South for maintaining segregation for the century following the Civil War—the political formula of southern Populism in response being: You are kept apart, that you may be separately fleeced of your earnings. This application of race is only a special case of the tried-and-true method used when- and wherever upper groups feel under pressure from below, the classic promotion of the ethnocentric dodge to prevent the rise of radicalism through the unity of all similarly victimized and dispossessed by the common social system and political economy.
American capitalism owes its longevity and seeming vitality to the we-they dichotomization of people and social forces, racism the fundamental example, with radicalism, in contradistinction to patriotism, a related and closely-following second: in sum, the ideological molding of a stable polity, compliant workforce, and acquiescent populace in general. Where am I leading? To the assertion that the term “Negro” is, far from being a pejorative designation, a relic/reminder of slavery times, instead represents the marching cadence, soul-inspiring declaration, of a whole people in their struggle for human dignity and equality—i.e., collective selfhood as preparation for achieving the universality of humanity. That precisely is what Martin Luther King, Jr., stood for, and precisely what Paul Robeson stood for—listen to the words of one and the songs of the other: Negro, Negro, Negro, not black, Black, Afro-American, African-American, all convenient signifiers by a post Robeson-King generation of posturing “radicals” who have not, like these men, earned their stripes in the social struggle, and worse, have callously sought to erase the historical record of that struggle by a nimble change of terms.
When Dr. King mounted his Poor People’s Campaign toward the end of his life, he was certainly on track in the emphasis of class over race, a natural evolution of his position implicitly critical of capitalism early on, in which his commitment to nonviolence culminated in his opposition to the Vietnam War. But go back to the March on Washington itself, class over race at its most eloquent expression. I was present; I still respond with tears as I quote his words. Listen, a quarter of a million people, placards relating Jobs to Freedom, solemn, heating beating down: “Now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood. Now is the time to make justice a reality for all of God’s children….The marvelous new militancy which has engulfed the Negro community must not lead us to a distrust of all white people, for many of our white brothers as evidenced by their presence here today have come to realize that their destiny is tied up with our destiny.” Yes, the germinating ground for class solidarity, so woefully lacking and perhaps designedly discouraged in present-day America. And Dr. King continued: “No, we are not satisfied and we will not be satisfied until justice rolls down like water and righteousness like a mighty stream.” These will not be separate streams but a unitary flow, propelling forward his dream, one sacred to all who value human rights: “I have a dream that one day this nation will rise up and live out the true meaning of its creed: ‘We hold these truths to be self-evident, that all men are created equal.’…I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.” Verily, a democratic character ascribable to all, of every race, color, creed, democracy incarnate, not the proto-fascistic piffle defining the current political culture and climate.
I cannot hope to convince anyone that our day-sailors of racial emancipation, Negro and white alike, have wrought great damage to the cause of freedom through focusing on race as in fact a diversion from the analysis, criticism, and ultimate displacement of capitalism qua capitalism, a social order which perpetuates racial identity for its own exploitative purposes. The compelling case in point is the Obama Phenomenon, a perfect example of the self-pacification of the Negro community, where silence of a potentially radical constituency has been gained through appeal to racial identity, so that matters of extreme importance, from wealth-concentration and gross inequalities resulting therefrom, to an active agenda of war, intervention, and regime change, are taken off the table, obscured, removed from sight—race therefore a plaything, object of manipulation, for the strengthening the status quo. And what can be done on race can also be done on class, labor rights destroyed and redefined (aka, social patriotism) as a similar process of, to use a Nazi phrase popularized by Goebbels’s propaganda machine, “divert the gaze of the masses,” in classic obfuscatory ways, ironically, currently the technique of liberalism to advance a corporatist agenda, rather than the straight-out racism and defamation of class propounded by conservatives and reactionaries. Neither liberals nor conservatives want structural clarity, leading to class realignment, democratization, an end to hegemonic goals in foreign policy.
In Sunday’s debate, Clinton’s cloying attachment to Obama had the twofold purpose of keeping the black community (I do not object to “black,” not capitalized, as being interchangeable with “Negro,” provided of course, capitalized, consistent usage would refer to European-American, Caucasian-American, or simply White-American, all equivalents of African-American) her loyal support and identifying with his total policy framework as her own. Obama becomes code for favoritism to Wall Street, confrontation with China and Russia, domestic national-security policy of massive surveillance, etc., ad nauseam, with blacks going down-the-line abjectly in support of these developments and now transferring allegiance to Clinton. Talk of false consciousness! I submit that because race-identity has been magnified, not least at the hands of self-promoting black leaders and echoed by white liberals, both using “African-American” as an incantation to demonstrate their putative radicalism (while remaining excessively short on substance), one finds radicalism set back if not permanently then until somehow blacks and whites transcend their respective racial identities for an authentic class alignment which addresses the problems of capitalism.
It is no coincidence that King and Robeson, joined, e.g., by A. Philip Randolph, used the term “Negro,” not because they were behind the times–needing a Stokely Carmichael to expose the so-called accommodationist-generation as a means of catching up and embracing a progressive future of Black Power, Black-is-beautiful, and today, Black Lives Matter–but because Dr. King and the others acted with every fiber of their being in dedication to the proposition that ALL human beings were equal, whether under God or deduced from universal moral principles. Not Black Power, but Class Power (and working class at that); not Black-is-beautiful, but all human beings, of whatever color, are beautiful; not Black Lives Matter, but, as Robeson sang out, “white or black or tan, he’s my kind of a guy.” And if suddenly, gender sensitivities are injected in criticism of the latter, I can only say, gender consciousness, like racial consciousness, is a form of fools-gold, to distract from the beauties of class consciousness, where both genders (and gradations thereof) will live in harmony and be equal. Equality must not be made subject to subdivision; so long as even a shadow of a doubt exists on that score, ruling groups will have won and be laughing all the way to the bank.
Norman Pollack has written on Populism. His interests are social theory and the structural analysis of capitalism and fascism. He can be reached at pollackn@msu.edu.