Tag Archives: supreme court

Coming Under Fire…trying to achieve the honor of being placed on the highest court in the land

Years back when I was in the Army, a grizzled NCO pulled me aside one day and explained something to me. Now, if you’ve ever watched an old Clint Eastwood war movie, or one of the many like it, you’ve heard this story before, so I’m not telling you something you probably already shouldn’t know. But I’m going to tell the story regardless, and even though you’ve heard it before, I’m going to explain how hearing the story doesn’t mean anything until you’ve experienced it. Anyway, it goes like this:

Two new lieutenants or two new privates come into a unit for the first time. They’re fresh out of combat training and ready  for their first assignment. Soldier A is gung-ho and looking for a fight. Soldier B is scared of his or her own shadow and looks like the one most likely to run from a fight. And then shit goes down for the first time and the whole unit is under fire. Soldier A marches into the theatre of battle looking ready for the fight, but when the first shot is fired, finds he or she can’t even move, freezes and basically fails everyone, including oneself. Soldier B, realizing that Soldier A is under fire and unable to move, jumps into the fight, drags Soldier A from the battle and fights back oncoming forces in the process. Soldier B proves to the be hero, and Soldier A has disappointed everyone.

Trial by fire we call it.

People often tell this story, thinking it is specifically about battle but fail to understand what it actually means. It means that everyone lives within their own narrative and tells their own stories.  But until something happens that tests one’s own abilities and shows that person that everything you’ve prepared for doesn’t explain a current dilemma, and you have to develop a new narrative based on walking through fire, you don’t really know how you will ever handle the stress of having to pull yourself out on the other side. Will you honor yourself and others? Or will you fold and prove yourself to be a complete failure? You can tell yourself you’re going to do one or the other, but until you’re truly tested, you never know what you’re going to do to get to the other side.

I’ve been fortunate, or unfortunate, to have had that test come across me a few times in my life. And each time has helped me to build upon my beliefs of what I thought might happen.  So far, I’ve been lucky in that I’ve not had an encounter turn out to be the opposite of what I hoped it would be. Sometimes, the outcome hasn’t emerged as best as it could have, but at the same time, I feel confident in the sense that I’ve not humiliated myself or brought dishonor upon anyone else in my care. Sometimes, that’s all you can hope for.

So, let’s talk about Brett Kavanaugh. A few days ago, he was undergoing his trial by fire as he was made to face a past accuser and to confront a hostile Senate that wasn’t about to let him just play legal games when answering their questions. Instead of just owning up to simple failings in his past by saying: “Yes, I drank a lot, and I made a lot of mistakes back then, but I’m trying to be a much better person these days. That’s all anyone can do.” he took the frat boy-no consequences approach and from what could be seen just bullshitted his way through the entire confirmation hearing, hoping that partisanship would keep him from having to take any responsibility.

And that hurt a lot.

As a veteran, my one thought watching this whole disaster on the screen was that I’d never be comfortable under fire with this guy backing me up. To be even more blunt, I wouldn’t be comfortable getting drunk with this guy in a bar. This is that guy that breaks a crime while drunk and then blames you, even though you were throwing up in the bathroom the entire time, telling the cops he only had two beers.

The trial by fire moment in this man’s life put him in front of the nation and asked him to make the right decisions. To quote the grail knight in Indiana Jones and the Last Crusade: “He chose poorly.” While he may still get a chance to get on the Supreme Court because of partisanship alone, most cases of trial by fire only get one chance to get it right. In a combat unit, he’d be that one soldier relegated to holding up the rear until the colonel can transfer him out of the unit where his actions won’t threaten to get any other soldiers killed. You rarely get a second chance to prove you’re no longer a coward. That first time is all a group of soldiers will allow; they may never trust you again.

While even if he was denied the Supreme Court pick, he’s proven he doesn’t even deserve the lofty position he already has, but he’s life locked into that position as well, meaning that he snuck his way into the elite unit and there’s really no way to usher him out. He’s now like that brigadier general who got his position by doing administrative work his entire career and once discovered to be a complete failure at combat is now being sent to some office in a corner of the Pentagon where he can’t affect anyone again, at least until someone can convince him to retire.

But I fear we’ve not seen the last of him yet.

And that should frighten a lot of people because the only reason this guy will ever be allowed a second chance is to fulfill a quota of people who just want a slot filled by someone on their side. And even they know he’s a horrible pick for the position they’re going to pigeon him into.

And the sad part is that there are so many other better people who should have been considered and seriously vetted instead of him. But they probably won’t be, so we’ll be stuck with him for decades.

Kavanaugh, Boys Will Be Boys, and Why This Problem Will Never Go Away

I was watching Vice News Tonight, and they were covering some of the Kavanaugh garbage that we’re seeing on a daily basis right now, and it just sickens me that we have a bunch of men in charge of our government who apparently don’t care one iota that they’re about to empower (with enormous power and responsibility) someone who may have tried to rape another woman. And even more allegations are starting to emerge. And they’re trying to railroad him into the position so fast that NO OTHER WOMAN can possibly come forward in time to stop it.
 
One thing that was interesting was that they brought on a woman who was literally halted from testifying during the Anita Hill hearings for Clarence Thomas who ALSO had a sexual harassment story about Clarence Thomas, but she was shunted away by the people who wanted him put into power until the hearings were over. They made sure that atrocity happened, and THOSE SAME PEOPLE ARE STILL IN POWER TODAY. They’re the same people trying to push through the current guy.
 
But you know what really got me? At the end of the whole segment, four or five other women were giving their own stories of when men attacked them sexually but they were also never believed when these things happened. And it got me to thinking: How many of these types of guys have I known my entire life? The cool guy in high school. The jock in college. That guy who got all the girls. And now the weird guy who no woman ever talked to but is now in an office establishment with all sorts of other women who are forced to be around him all day long. So many people, and so many stories, which could mean this happens all the time.
 
Because that’s what I’m getting from all of these stories. These incidents aren’t rare. They’re more the norm. And if you are brave enough to hold a conversation with a group of women and just let them start talking about it, what you’ll discover is that almost ALL of them have a similar story of when this happened to them. Not one or two out of a room of 50. But 49 or 50 of them all have a horrifying story of some guy that violated them in some way.
 
And this is what we should be facing.
 
But we won’t. We’ll shuffle it under the rug, pretend it only happens with really bad people who, oh I don’t know, must not go to church or something equally ridiculous. And it will continue happening because we choose to let it happen.
 
Like people shooting up schools with guns. Because we choose to let it happen.
 
We’re all responsible, but we will blame a boogeyman who doesn’t exist, or just might exist. But we’re all responsible. And we’re responsible because we don’t do anything about it but act shocked and surprised.
 
Right now. Instead of doing something about this, the people who CAN do something are saying: “This is just a political witch hunt. Get him in the office and the problem goes away.”
 
And that’s what’s probably going to happen.
 
Or, we’ll get brave this one time (honestly, I don’t believe that will happen), but we’ll do nothing about the larger problem because it’s too hard. It takes too much work. We can never solve this. Or whatever weak excuse we will give, including my favorite: “It’s not me, so I don’t see what trying to stop it will do because there’s no way to tell who is responsible.”
 
I already told you. WE are responsible.
 
And WE will do absolutely nothing.
 
Now, I’m going to go back to killing aliens in a video game because at least there the world makes a lot more sense.

Supreme Court health care decision reveals how clueless mainstream reporters really are

Like a lot of other people, I was waiting on the Supreme Court decision over health care legislation. At the time, I happened to be in the hospital awaiting the decision, but that’s really not a significant factor. However, when CNN, and then Fox News, announced the decision IMMEDIATELY after it was written, I didn’t get very excited. The reason being: I figured they’d probably get it wrong.

And they did. CNN first reported that it was repealed. It wasn’t. Fox News then announced something equally stupid, and they were wrong as well.

The important question is Why did both of them really screw up the decision?

Well, the answer is simple. Reporters write differently than Supreme Court justices. You see, the reporter process is to report the decision first, and then they continue to write the story, filling in relevant facts later. The most irrelevant facts are left for the end, just in case an editor has to snip the end of a story. This way, the important parts of a story remain untouched.

The Supreme Court doesn’t work that way. If they issue a 30 page majority opinion, that means that somewhere on page 17 or 18 you might actually get the decision. Everything else is legalese and details that back up that decision. Quite often, you can read for pages and still have no clue where they’re going with the decision.

I learned this in graduate school when I used to have to write briefs on Supreme Court decisions. There were times when I’d read through the whole thing and still couldn’t tell you what was the decision. When you’re a reporter, you’re expected to be able to figure out that ruling quickly, and what happened was they failed at it. They kept trying to read the first few pages of the brief and basically got lost. So, when they got it completely wrong, it made complete sense.

That’s why I waited. I figured after a couple of hours, someone would actually read through the whole thing and then report what actually happened.