The schedule and manner of the fall

The second contributor to the Guardian’s civil war in the US roundup is Stephen Marche, a Canadian novelist and essayist.

One of the surest markers of incipient civil war in other countries is the legal system devolving from a non-partisan, truly national institution to a spoil of partisan war. That has already happened in the US.

The overturning of Roe v Wade, in June, was both a symptom of the new American divisiveness and a cause of its spread. The Dobbs decision (in which the supreme court held that the US constitution does not confer the right to abortion) took the status of women in the US and dropped it like a plate-glass window from a great height. It will take a generation or more to sweep up the shards. What women are or are not allowed to do with their bodies – abortions, IVF procedures, birth control, maintaining the privacy of their menstrual cycles, crossing state lines – now depends on the state and county lines in which their bodies happen to reside. The legal reality of American women is no longer national in nature. When a woman travels from Illinois to Ohio, she becomes a different entity, with different rights and duties.

Because of the lawless refusal to appoint Merrick Garland to the Supreme Court.

The supreme court feels illegitimate because it is illegitimate. The Dobbs decision does not reflect the will of the American people because the supreme court does not reflect the will of the American people.

I’d add a second illegitimate move to Marche’s: the lies and maneuvers of the Kavanagh hearing, especially the bit where it was paused for a few days so that the FBI could “investigate” further, when it was insultingly obvious that the FBI did no such thing.

Elections have consequences, right up until the point when they don’t. On a superficial level, the 2022 midterms couldn’t matter more; American democracy itself is at stake. On a deeper level, the 2022 midterms don’t matter all that much; they will inform us, if anything, of the schedule and the manner of the fall of the republic.

I wish I could say oh things aren’t that bad.

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