Can’t Happen Here Update

So:  As we all know by now, the Supreme Court has struck down key parts of DOMA.  Hooray for equal rights.

Am I right in understanding that the Court’s now essentially held that if the people of a state pass a popular referendum on whatever subject and then that referendum is challenged and struck down at the trial-court level, they have no right to appeal? They get one bite at the apple and then, if the executive decides he doesn’t like the referendum enough to choose to appeal it himself, there’s nothing a single member of the public can do to ask an appellate court to reconsider the lower court’s decision — even though many millions of voters voted directly to enact the law? That seems … odd.

Meanwhile, in Texas, a “citizen filibuster” has prevented the Texas legislature from outlawing certain forms of abortion.  Hooray for grassroots activism.  Except…

AUSTIN – Gov. Rick Perry today announced a Special Session of the Texas Legislature will begin at 2 p.m. Monday, July 1.

“I am calling the Legislature back into session because too much important work remains undone for the people of Texas. Through their duly elected representatives, the citizens of our state have made crystal clear their priorities for our great state. Texans value life and want to protect women and the unborn. Texans want a transportation system that keeps them moving. Texans want a court system that is fair and just. We will not allow the breakdown of decorum and decency to prevent us from doing what the people of this state hired us to do.

In other words, my fellow citizens, he who controls the state house controls everything.  You can pass all the silly laws and referenda you like, but if the courts don’t like it and the governor doesn’t care, tough toenails.  Better luck next election cycle.  But don’t bother petitioning the governor:  If he does like it but the people don’t, he’ll just keep reconvening the legislature until they arrive at the correct answer.

Oh, and let’s not forget that we’re currently far along the path to electing a new people in any case.

Let me reiterate:  Fascism has little or nothing to do with race.  It’s not a movement of the right or the left.  Fascism is about power, about tribalism, about getting what’s yours.  The only sufficient condition for its arrival is a widespread cynicism about the legitimacy of democratic institutions.

Tell me we’re not there.

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