REBECCA GORDON

09/26/2025

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Warning: dangers in the mirror are often closer than they may appear. In other words, the next few paragraphs may seem to be hyperbole but are, in fact, expressions of reality (animated by a cold fury).

On September 8, 2025, the Supreme Court did its best to murder what’s left of civil rights in this country. As Charlie Savage of the New York Times reported, in an unsigned 6-3 ruling, it overturned a lower court’s order forbidding ICE and the Border Patrol in Los Angeles from stopping, interrogating, and detaining people based on any of four factors: “apparent race or ethnicity; the fact that they speak English with an accent or speak Spanish; their presence at particular locations like farms or pickup sites for day laborers; and the type of work they do.”

Those six conservative justices might as well have stood in front of the court and set fire to the 1964 Civil Rights Act, which outlawed segregation and discrimination based on race, religion, sex, or national origin in a wide variety of venues and actions, including public accommodations, education, the provision of government services, housing, transportation, and voting. The Civil Rights Act outlawed exactly the kind of racial profiling now being practiced — and permitted by our highest court — in the Trump administration’s war on immigrants.

While they were at it, those six robed arsonists might as well have burnt the Constitution’s Fourth Amendment, which outlaws unreasonable searches and seizures and requires a court-issued warrant for arrests. They could have added the Fourteenth Amendment to their bonfire, which was one of three passed and ratified during the Reconstruction period following the Civil War. Those three amendments established full citizenship rights for emancipated Blacks and future generations of U.S. denizens, regardless of race. The Thirteenth Amendment, of course, outlawed slavery, and the Fifteenth secured voting rights for all (male) citizens regardless of race, color, or previous conditions of servitude. The Fourteenth Amendment, while establishing birthright citizenship, also guarantees “all persons” (regardless of citizenship status) due process under the law — including those suspected of being in the country illegally.

Centuries of Struggle Undone.

No one gave us those rights. Successive generations of Americans fought for them, starting in the late 1780s and in the 1791 passage of the Bill of Rights, the first 10 amendments to our Constitution. That’s when the Fourth Amendment established the rights that centuries later would be invoked to prevent people from being stopped for “driving while Black” or seeking work while looking Latino. (It’s also when, thanks to the First Amendment, we secured freedom of speech and the press, which gives me the right to state publicly, even in the wake of his despicable assassination, that the founder of Turning Point USA, Charlie Kirk, built his organization on explicit contempt for women, especially women of color, and LGBTQ people.)

It took a civil war and the deaths of almost 700,000 soldiers on both sides to end legal slavery in this country and give us those three Reconstruction amendments, passed between 1865 and 1870.

And it took decades of mostly nonviolent struggle and sacrifice (and more deaths) to win passage of the 1964 Civil Rights Act and the 1965 Voting Rights Act. Those two laws essentially reiterated the same rights that had been secured back in the 1860s but had been denied in practice in the southern states of the former Confederacy. “Denial” is a weak word for the life-destroying discrimination and segregation that was then systematically enforced by state-sponsored terrorism (all too often in the form of lynching) against those accused of violating the Jim Crow regime of that era.

The Supreme Court had already torn the guts out of the Voting Rights Act in 2013, deciding in Shelby County v. Holder that states with a history of race-based voter suppression would no longer have to seek “preclearance” from the Department of Justice for changes to their voting procedures. The court’s argument was essentially that voting discrimination no longer exists in the states named in the 1965 Voting Rights Act. Justice Ruth Bader Ginsburg dissented, observing that ending preclearance was like “throwing away your umbrella in a rainstorm because you are not getting wet.”

The fact that a storm of suppression was indeed still raging became clear almost immediately, as affected states began passing laws making it more difficult for people of color to vote. Ironically, President Trump’s crew hasn’t yet completely purged the Department of Justice’s website of support for voting rights. You can, for instance, still find there a 2023 blog post by Assistant Attorney General Kristen Clarke lamenting the depredations of Shelby and praising the Biden administration’s support for the — never passed — John Lewis Voting Rights Advancement Act as a remedy.

Now, in a one-paragraph decision, the six right-wing justices, appointed by a series of Republican presidents including Trump, have made another contribution to his administration’s all-out attack on race and gender equality. Justice Brett Kavanaugh found it necessary to amplify the court’s decision in a lengthy concurrence. In words untethered from the real world, he wrote:

“The Government sometimes makes brief investigative stops to check the immigration status of those who gather in locations where people are hired for day jobs; who work or appear to work in jobs such as construction, landscaping, agriculture, or car washes that often do not require paperwork and are therefore attractive to illegal immigrants; and who do not speak much if any English. If the officers learn that the individual they stopped is a U. S. citizen or otherwise lawfully in the United States, they promptly let the individual go.”

Let me repeat that: “If the officers learn that the individual they stopped is a U. S. citizen or otherwise lawfully in the United States, they promptly let the individual go.” Tell that to Kilmar Abrego García.

Oh, California.

In the last few decades, some very bad ideas have come out of my own state, California. This may surprise readers who think of Californians as living in a great blue expanse on the country’s “Left Coast.” They may think our governor, Gavin Newsom, is an avatar of liberalism. (Despite my criticisms of the man, I will admit that his recent trolling of Donald Trump’s ALL-CAPS MEDIA STYLE is pretty funny.)

Nevertheless, some seriously bad ideas have triumphed as ballot propositions here. In 1978, there was Proposition 13, which made it all but impossible to raise taxes in the state — especially property taxes, which provide almost half the funding for our public schools. That “taxpayer revolt” (as it came to be known) spread rapidly to other states. Then, in 1994, Republican Governor Pete Wilson transformed his flagging reelection campaign by inflaming White anxiety about immigration in California. He launched a series of TV ads with the tag line “they keep coming,” a reference to people crossing the Mexican border looking for work in my state. Weaponizing White anxiety was something Donald Trump would borrow when he ran for president in 2016, 2020, and 2024.

To ramp up his 1994 gubernatorial campaign, Wilson endorsed the anti-immigrant Proposition 187, or “Save Our State” initiative. And Californians then indeed did reelect him, while passing the proposition, which outlawed the provision of any government services — including health care and education — to any undocumented immigrant. Government employees at any level were required to report anyone (including schoolchildren) they suspected of being in the country illegally. In language forebodingly similar to the rhetoric of both of Trump’s presidential campaigns and his two administrations, Proposition 187 began:

“The People of California find and declare as follows:

“That they have suffered and are suffering economic hardship caused by the presence of illegal aliens in this state. That they have suffered and are suffering personal injury and damage caused by the criminal conduct of illegal aliens in this state. That they have a right to the protection of their government from any person or persons entering this country unlawfully.”

What happens in California doesn’t always stay in California. As the Washington Post reported 25 years later, “Since 1994, 65 initiatives and referendums to change state immigration laws were attempted via direct democracy mechanisms.”

Almost immediately, federal courts prevented the implementation of most parts of Proposition 187. Three decades later, however, the Supreme Court has effectively validated Proposition 187’s premise, permitting the use of racial profiling to identify possible “illegal aliens.”

The right wing wasn’t done with legislating racism in my state. In 1996, Proposition 209, also known by the (completely unironic) ironic title its proponents gave it, the “California Civil Rights Initiative,” outlawed affirmative action at any level of government in the state, including access to public colleges and universities.

Though it faced legal challenges, Proposition 209 remains in force today. There’s no doubt that earlier Supreme Court decisions, including the 1978 finding in University of California v. Bakke, had indeed laid the groundwork for it. In it, a 30-year-old White man had challenged his rejection by the medical school at the University of California, Davis. He sued and was eventually admitted. In his case, the court upheld the principle of affirmative action to address racial or other discrimination against protected classes of persons, but outlawed specific numerical quotas.

By 2023, however, an ever more right-leaning Supreme Court had ruled in Students for Fair Admissions v. Harvard that affirmative action violates the equal protections guaranteed by the Fourteenth Amendment. As we’ve seen repeatedly, the hard-won legal remedies for racism are now being turned against both the historic and present-day targets of racism.

Then, in 1998, another ballot initiative outlawed most bilingual education in California public schools (though it was finally repealed at the ballot box in 2016).

Disparate Impact.

By 2003, however, in part because of changes to the demographic makeup of the electorate, California voters had had enough of legally weaponizing White anxiety. They roundly rejected Proposition 54, known as the “Racial Privacy Initiative,” which, as the American Civil Liberties Union of Northern California put it, “would have banned most agencies from collecting data on race, ethnicity and national origin, with disastrous consequences for health, education, public safety, and civil rights.”

But in the Heritage Foundation’s Project 2025, the right-wing strategists for a second Trump presidency made it very clear that their plans included implementing a national version of the Racial Privacy Initiative. The author of the section on labor advocated prohibiting the Equal Employment Opportunity Commission, or EEOC, from collecting employment data based on race. The mere existence of such data, he wrote, “can then be used to support a charge of discrimination under a disparate impact theory. This could lead to racial quotas to remedy alleged race discrimination.” In other words, if you can’t demonstrate racial discrimination in employment (because you’re enjoined from collecting data on the subject), then there’s no racial discrimination to remedy. Case closed, right?

It seems that Donald Trump agrees. In April 2025, he issued an executive order entitled “Restoring Equality of Opportunity and Meritocracy.” In it, he noted that “disparate-impact liability all but requires individuals and businesses to consider race and engage in racial balancing to avoid potentially crippling legal liability.” Trump and his handlers don’t see taking systemic racism and contemporary bias into consideration as a solution to a problem. Such consideration is the problem. “It not only undermines our national values,” says the order, “but also runs contrary to equal protection under the law and, therefore, violates our Constitution.”

Whatever Trump may decree, current employment law (as implied in the 1964 Civil Rights Act, affirmed in 1970 by the Supreme Court in Griggs v. Duke Power Co., and codified in the 1991 Civil Rights Act passed under the presidency of George H.W. Bush) supports the use of disparate impact. As of now, plaintiffs can still seek to prove discrimination by demonstrating the disparate impact of a company’s “facially neutral” hiring, firing, or promotion policies. How long will it be, however, before this Supreme Court reverses decades of progress in equal employment?

We’ve already seen the “disparate impact” of Trump and his Department of Government Efficiency’s destruction of the federal workforce, which has disproportionately affected Blacks, and especially Black women. It’s a major factor explaining why 300,000 Black women have lost jobs since Trump took office.

If you have any doubt whether race (and sex) bias continues to exist at the highest levels in this administration, consider the words of a man Trump thought of as“sort of like a son,” the recently assassinated right-wing firebrand Charlie Kirk:

“If I see a Black pilot, I’m going to be like, boy, I hope he’s qualified.”

“If I’m dealing with somebody in customer service who’s a moronic Black woman, I wonder is she there because of her excellence, or is she there because of affirmative action?”

And about a list of prominent Black women, including Supreme Court Justice Ketanji Brown Jackson, Kirk said:

“You do not have the brain processing power to otherwise be taken really seriously. You had to go steal a white person’s slot to go be taken somewhat seriously.”

Circling Backwards?

I used to suggest to my philosophy students that you could view the last 2,000 years of “western” history as a gradual widening of the circle of beings who count as full persons. At first, that circle contained only high-born men. Centuries of struggle saw the inclusion of men without noble birth, and later without property. Racial concepts, themselves a human invention, long excluded men who were not deemed White. Eventually, fitfully, they, too, were admitted to the circle of personhood. Most recently, women seem to have become persons, and with that addition, people of a variety of genders and sexual orientations have also joined the circle.

But right now, six people on the Supreme Court, along with the Trump administration, are doing all they can to tighten that previously ever-widening circle of personhood and Donald Trump is on board in a big-time way. Let us hope that we can stop them from turning that circle into a noose.

Copyright 2025 Rebecca Gordon

Published on InformedComment.org via TomDispatch.com.

Shared via Creative Commons.

The Christian Nationalist Vision to be Imposed on America

Roman poet Juvenal coined the phrase “bread and circuses” nearly 2,000 years ago for the extravagant entertainment the Roman Empire used to distract attention from imperial policies that caused widespread discontent. Imagine the lavish banquets, gladiatorial bouts, use and abuse of young men and women for the pleasure of the rich, and so much more that characterized the later years of that empire. And none of it seems that far off from the situation we, in these increasingly dis-United States, find ourselves in today.

Although the Roman Empire described itself as being in favor of life and peace, the various Caesars and their enablers regularly dealt death and destruction in their wake. They spread the Pax Romana (the Roman Peace), including a taxation system that left the poor in debt servitude, a military that caused terror and violence across the then-known world, and a ruling authority that pitted whole communities against each other, while legislating who could associate with whom (passing marriage laws, for instance, that banned gay, inter-racial, or even cross-class marriages). The emperor in power in Jesus’s time, Caesar Augustus, was known for ushering in a Golden Age of Moral Values that went hand in hand with that Pax Romana, and it meant war and death, especially for the poor.

Fast forward millennia and that world bears a strange resemblance to the media distractions, violence, and regressive policies that MAGA and other extremists are pushing forward in our times. Whether it’s Donald Trump’s assertion that “I alone can fix your problems”; Supreme Court and state legislative attacks on reproductive rights, same-sex marriage, and trans youth in the name of family values; cuts to welfare, healthcare, worker’s rights and other life-sustaining programs to protect corporate interests; the militarizing of endless communities by allowing guns(especially AR-15 rifles) to proliferate, while offering only thoughts and prayers to the victims of violence, the MAGA movement is promoting culture wars and extremist policies under the banner of Christian nationalism. In doing so, its leaders are perfecting a disdain for the excluded, exploited, and rejected that hurts the poor first and worst, but impacts all of society.

And now, after decades of neoliberal plunder and the coronation of an avowed Christian nationalist — Speaker of the House Mike Johnson — to the third most powerful position in the government, the Christian Right and its wealthy patrons have their eyes set on an even more ambitious power-grab: Project 2025. Articulated through the Heritage Foundation’s 2025 Presidential Transition Project, it’s a sprawling plan to maximize presidential power with hundreds of newly trained and deployed political operatives during Donald Trump’s next presidency. It was seen in full display recently at the Republican National Convention and made all the more likely by the recent assassination attempt against him with (yes!) an AR-15! The nearly 900-page document outlines a plan to ramp up U.S. military might, slash social welfare programs, and prioritize “traditional marriage.” A reflection of the Republican Party today, including several Christian nationalist organizations and billionaire funders listed among its 100 institutional sponsors, Project 2025 is a roadmap for what could be thought of as a new Pax Romana.

The Formal Project 2025 Takeover.

As Project 2025’s official website explains (and doesn’t this sound like it could come directly from the mouth of vice-presidential nominee J.D. Vance?): “It is not enough for conservatives to win elections. If we are going to rescue the country from the grip of the radical Left, we need a governing agenda and the right people in place, ready to carry this agenda out on Day One of the next conservative Administration.” Although its authors unabashedly deploy the language of conservative populism — decrying wokeness and “cultural Marxists” — the plan is chiefly concerned with how to put ever greater control of both people and resources in the hands of a small minority of mostly white, mostly male, wealthy Christians.

The wholesale capture of the state is the ultimate goal of its Christian nationalist architects. Project 2025 simply clarifies just how they plan to implement their drive for power.  Each of its sections — from “taking the reins of government” by centralizing executive authority in the office of the President to securing “the common defense” by expanding every branch of the military — is worth reviewing.

The longest section focuses on “general welfare” and it should be no surprise that the Departments of Agriculture, Health and Human Services, and Housing and Urban Development are subject to significant cutbacks, including:

• Imposing yet stricter eligibility standards, work requirements, and asset tests to constrain access to Medicaid, even though more than 23 million Americans have been unenrolled from that program since 2023;
• Ending universal free school meals by removing the “community eligibility provision,” which allows school districts with high poverty rates to provide free breakfast and lunch programs to all children in need;
• Eliminating Head Start, which has served 39 million children and families since 1965 and currently serves more than 800,000 poor families with young children, while shuttering the Department of Education;
• Ending “Housing First” programs and prohibiting non-citizens, including mixed-status families, from living in low-income public housing; and
• Imposing a “life agenda” and a “family agenda” that will restrict access to abortion and reproductive rights, and otherwise curtail LGBTQ+ rights.

Such proposals would undoubtedly be deeply unpopular. In fact, as people learn more about Project 2025, opposition is growing, even across party lines. Most Americans want a government that would provide for the down-and-out, who are a growing segment of the population and the electorate, as well as one that supports abortion rights, voting rights, and the freedom of expression. At least 40% of us — 135-140 million people — are either poor or one emergency away from economic ruin, including 80 million eligible voters. Project 2025’s social welfare cuts would, in fact, push significant numbers of people across the poverty line into financial ruin.

Even Donald Trump has tried to distance himself from Project 2025 as attention has moved toward its distinctly (di)visionary agenda. However, more than half of the project’s listed authors, editors, or contributors were once part of his administration — and no one doubts that his vice-presidential nominee is 100% pro-Project 2025!

The Informal Takeover Already Underway.

Perhaps scarier than either Trump’s or Vance’s connection to this regressive plan, however, is the fact that, despite popular distaste for such policies, it may not take a second Trump presidency to implement significant parts of Project 2025. In this sense, it reflects the ancient world of the Pax Romana.  Rather than being dependent on particular emperors, its “peace” was a political and ideological program that punished the poor and marginalized so many, while keeping all its subjects in line.

From its recent rulings, it’s clear that the Supreme Court is hastening Project 2025’s agenda judicially, both in terms of specific future policies and the executive power grab at the heart of that mandate (and now of that court’s rulings). In June, for instance, it ruled in favor of the city of Grants Pass, Oregon, which enacted a law to fine, jail, and ultimately expel its unhoused residents. That precedent will only exacerbate the already hostile terrain confronting unhoused people, seeding firm ground to 2025’s plan to eliminate even more housing projects.

Worse yet, as the Nation’s Elie Mystal recently made clear, in just a few weeks of rulings, the court “legalized bribery of public officials, declared the president of the United States absolutely immune from criminal prosecution for ‘official acts,’ and made the power to issue regulations subject to the court’s unelected approval.” As he warns, “There’s no legislative fix for the problems the court has created… [and] they will continue to do all the things Republicans want that nobody elected them to do.”

In addition, in the legislative arena, Congressional debates around the Farm Bill echo Project 2025’s plan to cut food assistance by limiting updates to the Thrifty Food Plan, the current formula that determines SNAP allocations. For example, at the state level, a Republican supermajority in Kansas voted last year to override the governor’s veto and enact work requirements for older recipients of SNAP benefits.

Overall, various Project 2025 priorities are already being implemented at the state and local level, with reproductive rights, LGBTQ+ rights, public education, social welfare programs, and unhoused people under serious threat in Republican-run states across the country. Since the Supreme Court decision in 2022 to overturn Roe v. Wade, 21 states have enacted full or partial bans on abortion. Meanwhile, far-right groups like Moms of Liberty are seeking to capture local school boards as part of a “war on wokeness.”

There is also a multi-state strategy underway to preempt community-led efforts to implement guaranteed income programs. At least 10 states have challenged basic income programs with legislative bans, funding restrictions, constitutional challenges, and court injunctions, while four Republican-led states — Arkansas, Idaho, Iowa, and South Dakota — have already completely prohibited such programs.

And in lockstep with Project 2025’s call for military expansion, Mississippi Senator Roger Wicker recently released a report proposing that $55 billion be added to the Pentagon’s already humongous budget in fiscal year 2025 while raising military spending by hundreds of billions of dollars in the next five to seven years. The report, “Peace Through Strength,” revives the false idea that spending ever more on war preparations makes us safer. Not only is Wicker distorting Cold War history, but his prescriptions ignore our experience of the past 20 years of military buildup and the disastrous Global War on Terror. According to the Costs of War Project and the National Priorities Project, this country’s post-9/11 wars have cost at least $8 trillion, taken millions of lives, and displaced tens of millions of people globally, while precipitating climate chaos through their polluting emissions. If implemented, Wicker’s plan would only increase the risk of yet more destabilizing conflicts, offering a modern Pax Romana promise for yet more war and death.

Peace, Peace, When There Is No Peace.

While extremist Republican politicians and appointees are leading the way on Project 2025, both major parties align around building up the war economy. Indeed, bipartisan support for military aid to Israel is contributing to what the United Nations has labeled a genocide in Gaza.

Nor is this new. Every year, the Pentagon budget invariably passes with widespread bipartisan support, even if a few representatives vote otherwise. Since the 9/11 attacks, in fact, $21 trillion has been funneled into war, surveillance, policing, border control, and incarceration. In Fiscal Year 2023, nearly two-thirds of the federal discretionary budget funded the military-industrial complex and militarized spending. This year, a Democratic amendment to the National Defense Authorization Act will automatically register every male citizen and resident aged 18-26 in the selective service database. This measure has only passed in the House of Representatives, but it suggests interest across party lines in increasing the number of individuals who could someday be called up for military service. While this is not (yet) a draft, it hints at one — and it was introduced by Pennsylvania’s Democratic Congresswoman Chrissy Houlahan.

The state and local counterpart to militarism is support for the police. Both Republican and Democratic lawmakers seem intent on adopting “tough on crime” legislation, including hiring more police officers, deploying the National Guard more widely, expanding surveillance measures, and recriminalizing drug possession. Of course, the 1033 program allows local police forces to be armed and trained by the U.S. military.

This remarkably bipartisan consensus for a war economy shouldn’t just be considered another “issue,” but an approach to governance that relies on force and violence, rather than consent, to establish social control. And as noted above, the nation may have automatic registration for the selective service system before we have automatic registration to vote. After all, the same Congress that supports ever more resources for war has failed to stop voter suppression, expand voting rights, or adequately protect our democracy.

Jobs and Homes, Not Death in the Streets.

The greatest violence of the Pax Romana was always borne by the poor, who were often ripped from their families, enslaved in back-breaking labor, and dispossessed of their land and resources. To maintain its authoritarian rule over millions of people, the Roman Empire relied on its military might and the fear inspired by its brutal army. And yet it was from the ranks of the poor that Jesus and his disciples led a non-violent revolution for peace.

Today, tens of millions of poor people in this country are on the front lines of our failing democracy and increasingly militarized society. They are the true canaries in the coal mine, already living through the violence of a society that has prioritized war and profits over addressing the pain and toll of low-wage jobs, crushing debt burdens, polluted water and land, and lives cut short by poverty, the police, and the denial of basic human rights. They can undoubtedly also foresee the drive toward an ever-deeper warfare state and the possible fallout from Project 2025 if Donald Trump and J.D. Vance win this year.

Forged in the crucible of violence, the criminalized and impoverished still call out for a true peace.

On June 29th, Reverend Savina Martin, a military veteran and formerly homeless mother, took to the stage of the Poor People’s Campaign’s Mass Assembly in Washington, D.C., and shared these thoughts:

“I am a US Army veteran and I was impacted by homelessness many years ago. Today, thousands of homeless veterans are fighting for [their] benefits, housing… navigating a complex system while sick and suffering, trying to survive the war waged against the poor. Yesterday, the US Supreme Court decision in Grants Pass v. Johnson permits cities to criminalize homelessness by enforcing bans on sleeping outside when no shelter is available. How can sleeping while homeless be against the law? If you sleep, you get arrested?

“This system depends on us to fight their wars, but we can’t depend on [our government] to guarantee housing or healthcare? Instead, [our government] allocates $1.1 trillion to war, weapons, and a system that criminalizes the poor, leading to mass incarceration, deportations, and detentions. We want jobs and homes, not death in the streets.”

Savina was speaking of the war on the poor, the power of the military-industrial complex, and an extremist agenda that will connect her in unsettling ways with 140 million poor and low-income people in this country — and billions more around the world. As in other moments of history, the struggle of the poor for life and dignity in a world that denies them both is a struggle for the best that we can be as a society. In their leadership lies the hope for us all — not in Project 2025, a future Trump administration, or the all-too-devastating version of a Pax Americana that would go with it, but in the peace (and justice) that Savina and so many others are demanding, and will continue to push for, until it is ours.

Copyright 2024 Liz Theoharis and Shailly Gupta Barnes.

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First published on TomDispatch.com.

Shared via Creative Commons.

Organized workers, often defying their timid union leadership, are on the march across the United States.