Ruth Bader Ginsburg – Ruth Feiertag

Because I Like to Bang My Head Against Brick Walls: Another Open Letter to Colorado Senator Cory Gardner

Another Open Letter to Colorado Senator Cory Gardner

Senator Cory Gardner
1961 Stout Street, Suite #12-300
Denver, Colorado
80294

5 October, 2020

Senator Gardner,

I see that you voted for the bill calling for the Justice Department to to withdraw its support for the lawsuit that would end the Affordable Healthcare Act. I also see that you have introduced your own bill that putatively would protect those of us with pre-existing conditions. I thank you for your vote and hope that it portends a turn toward listening to and caring about the needs and opinions of your constituents.

However, your record of voting against the ACA makes this vote suspect. After the election, if you are returned to the Senate or during the liminal period between the election and the Senate’s new term, will you continue to support the ACA? Your own brief bill, which at first glance seems so promising, does not guarantee that insurers must accept applicants with pre-existing conditions, nor does it it spell out what kinds of coverage a plan must provide, nor does it contain a provision forbidding discrimination based on gender or sex. There are too many loopholes to bolster the impression you seem to want to cultivate that you are ready to stand up for health care and affordable insurance for all of us.

The most effective way to convince us that you do, in fact, care about the lives and health of your constituents, and of all inhabitants of the United States (we’re all too connected, as COVID-19 has taught us, to pretend that we need only be concerned with the health of our neighbours) is to oppose seating a new Supreme Court justice before the Inauguration. The push to put Amy Coney Barrett on the highest bench in the land before the tenth of November is motivated by the intention to destroy the act that has brought affordable insurance to millions of Americans. Commit to voting only for a nominee who will support not just the ACA, but who will also protect women’s health by preserving our reproductive choices, including our right to control our bodies, our lives, and our destinies through access to safe, affordable, and legal abortions.

If you vote for the Justice Department to step away from the legal challenge that is trying to eradicate the Affordable Healthcare Act, but also vote to confirm a new Supreme Court justice to sit in Ruth Bader Ginsburg’s seat, a justice who will strike down the ACA and overturn Roe v. Wade, then you are merely attempting to have your cake and eat it, too.

Senator Gardner, I remain

Your voting constituent,

Ruth E. Feiertag

Thirty Reasons to Vote: #27

This is Erev Yom Kippur. Ten days ago, on Erev Rosh Hashanah, we learned of the death of Justice Ruth Bader Ginsburg. Before the evening was old, Mitch McConnell and the president declared their determination to rush to fill Justice Ginsburg’s seat with a far-right judge, an intention they are working hard to fulfill.

So much, for now, for the re-cap. Just put that to the side for a moment; it’ll come back around again.

Every so often during the year — whenever there’s a Jewish holiday — I ask myself why I, as someone on the Agnostic-Atheist Spectrum, keep celebrating these holidays, but I know the answers. A lot of it has to do with being brought up that way, with maintaining an identity and a connection to my family, those living and those dead. (My idea of Pascal’s Wager is reminding myself that, if there is an afterlife, I don’t want to spend mine explaining to my Yiddishe grandparents why I stopped being Jewish. And then my Aunt Lillie would show up —— let’s not even go there.)

But aside from the fear-of-perpetual-guilt, there’s also an emphasis in Judaism on getting this life right, on cultivating right relations between people.¹ And that’s particularly true around the High Holy Days, when one is supposed to try to fix relations between one’s self and others one has hurt or done wrong before one can ask God for forgiveness. The making things right makes sense to me. Ideally, I’d just go around apologizing all year ’round, but I don’t, so I appreciate the yearly reminder. I actually take this ritual pretty seriously. I think I’m mostly a pretty innocuous person, but I have my moments, particularly when I’m angry or scared or just plain stupid, when I can lash out or not realize I’m saying the most keenly hurtful thing possible — either way, it’s important to me to make amends.

It was hard to start apologizing, to say “I was wrong,” but what really set me back was how hard it was for people to hear and accept my apologies. Almost everyone tried to turn the situation into a joke; some even got sharply angry with me, they were so uncomfortable. People reacted as if I were trying to wrong-foot them or as if I were exposing a soft spot for them to poke.

And this is where I want to start circling back to to the beginning of this post. We, as a society, have come to regard an apology — a sincere apology that signals a change of heart, a change of mind, as a fault, a flaw, a fatal error. And we avoid exposing ourselves to such judgement, to the power over us that an apology might give someone.

We see this attitude so clearly in politics. No politician wants to admit to being wrong lest the other political sharks start circling, letting blood, tearing out chunks of flesh. Constituents, too, may feel betrayed and lash out in anger.

We need to make it possible for people to apologize, to make amends, to change their minds. The decision to hurry Justice Ginsburg’s replacement onto the Court would be the perfect place to start. A majority of Americans² — up to 62% — want to wait until after Inauguration Day to seat a new judge. If you’re one of those Americans, write and call and e-mail your senators. If they’ve come out for replacing Justice Ginsburg before the election or during a lame-duck period (if there is one), tell them you’ll regard them more highly for listening to their constituents and for changing their minds.

Will it work? I don’t know. But please give it a try. And no matter what, sometime by the third of November — VOTE.
*********************************************

And here, everyone who’s Jewish and is reading this, who was probably nodding along during the guilt bit, is sitting up to argue and explain at length why I’m wrong. It’s what we do. You know what they say: where there are two Jews, there are three opinions.
“A new poll showed that the American public agrees with him and opposes Mr. Trump’s plan to rush a new justice onto the court. Of those surveyed by Reuters and Ipsos since Justice Ginsburg’s death, 62 percent said her seat should be filled by the winner of the November election, including the vast majority of Democrats and even half of Republicans.” Peter Baker and Maggie Haberman. “Trump and Democrats Brace for Showdown Over Supreme Court Seat,” New York Times. 25 September, 2020.

Thirty Reasons to Vote: #19

Open Letter to Colorado Senator Cory Gardner

Senator Cory Gardner
1961 Stout Street, Suite #12-300
Denver, Colorado
80294

18 September, 2020

Senator Gardner,

Tonight, on the eve of Rosh Hashanah, we learned that Justice Ruth Bader Ginsburg shuffled off this mortal coil and died, leaving our country an infinitely poorer place. She was a moral force for the United States, a beacon as bright as that of the Statue of Liberty: brilliant, measured, funny, fair, respectful of — indeed, friends with — those who disagreed with her. She was a gift to our nation and an exemplar for us all. We shall not look upon her like again.

Despite all she brought to court and country, despite her final request that her post not be filled until the next elected president could choose her successor, DESPITE THE FACT THAT HER FAMILY HAS NOT YET BEGUN TO SIT SHIVA, LET ALONE FINISHED THAT PERIOD OF MOURNING, the leader of your party, Senator McConnell, danced on her yet-to-be-dug-grave by announcing that a nominee will be swiftly brought to floor of the U.S. Senate.

McConnell’s decision to make that pronouncement was nothing but cruel and barbaric.

I have given up any hope or expectation of Senator McConnell’s having a sense of decency, honor, or shame. But I continue to hope that our decent Colorado sensibilities will infuse your decisions and give you the moral fortitude to speak against this cold-hearted depravity. Following McConnell’s lead will win you far fewer votes in our Centennial State than refusing to rush a nominee through will cost you.

Pay the phenomenal Justice Ginsburg the courtesy and tribute of honoring her final request. If you can’t do that, at least “honor” Senator McConnell’s stated conviction that Supreme Court judges should not be nominated nor approved during an election year.

I am

Your voting constituent,

Ruth E. Feiertag

Thirty Reasons to Vote: #15

UPDATE, 18 September, 2020: Ruth Bader Ginsburg has died. It is exceptionally painful that she did so on Erev Rosh Hashanah, a time that is supposed to be focused on renewal. At the moment, I feel as if my hope has vanished. The federal judiciary is already stuffed with TWO HUNDRED white, male, ultra-conservative judges who are lifetime appointees — ten of whom are considered unqualified by the ABA¹ — and who will inexorably make their way up the ranks, gaining more and more power as they go. We don’t feel it much now because the current judges in the upper echelons are more centrist or liberal than the ones snapping at their heels. The damage will affect generations to come — if our country, our species even lasts that long. Justice Ginsburg made it known. that

“My most fervent wish is that I will not be replaced until a new president is installed,” Ginsburg told her granddaughter just days before her death, according to NPR.²

Despite this last wish of a revered, iconic hero, despite McConnell’s conveniently forgotten assertion that justices should not be confirmed in an election year,³ McConnell and Trump have already declared that they WILL shove another judge onto the bench.

I am terrified. I see the erosion and eradication of reproductive rights, women’s rights, and voting rights, the suppression of social justice for Black/BIPOC Americans, for the LGBTQ+ community, for those of us who adhere to minority religions or no religion at all. I see support for corrupt politics that are driven by wealth, the continued degradation of the environment in get name of “the economy,” as if we can have an economy if we can’t live on the planet.

Call your senators. E-mail your senators. Write. your senators. Drop in on your senators. And VOTE.

Sophia A. Nelson. USAToday, “White, male and conservative: Trump’s damaging legal legacy.” July 3, 2020.
“As of September 1, 2020, the ABA had rated 256 of President Trump’s nominees; 180 were rated ‘well-qualified,’ 66 were rated ‘qualified,’ and 10 were rated “’not qualified.’” Ballotpedia, “ABA ratings during the Trump Administration.” September, 2020.
“Barack Obama did not nominate any of candidates who received a “not qualified” rating from the ABA….”; Holmes Lybrand. Washington Examiner, “Fact Check: Were Any Clinton or Obama Judicial Nominees Deemed ‘Not Qualified’ by the ABA?” November 13, 2017.
2. Fox News, “Ginsburg’s last wish was to ‘not be replaced until a new president is installed’: report.” September 18, 2020.
3. Eric Bradner. CNN, “Here’s what happened when Senate Republicans refused to vote on Merrick Garland’s Supreme Court nomination.” September 18, 2020.