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Dear Justice Kennedy
March 18, 2002
By ExpatDem

This is the frightening New World of 2002.

It's the world you created.

Are you happy with your work?

It's a world where, in the space of just over one year, America has turned from a safe and prosperous world power into a power-mad fundamentalist rogue state willing to risk all of humankind for control of the last remaining oil and gas reserves on the planet.

It's a world where each day's news, despite being heavily controlled and processed, still brings a mind-numbing procession of unbelievable items. Like the U.S. government shipping prisoners to Egypt and Jordan for the express purpose of torture (it's ok, it's legal there). Or the Justice Department's apparent refusal to pursue the domestic source of Anthrax terrorism (it's ok, it was only directed at Democrats), or the Enron-controlled Vice President's total disdain for Congress (it's ok, it's a matter of "principle").

In this bizarre new world, the President of the United States, in exchange for suitable campaign donations, cheerfully puts timber lobbyists in charge of national forests, mining lobbyists in charge of the environment, accounting-industry lobbyists in charge of securities regulation, foxes in charge of hen houses throughout government. Welcome the deregulating Antichrist.

Our alternate reality also features an administration who thinks the best way to make America more secure is to throw out ABM treaties, resume "nuc-u-lar" testing, and threaten both enemies and friends with annihilation if they refuse to toe the U.S. line. I guess if Bush can forget that the U.S. was at war with Japan a few years ago, he's equally unaware of the horrors of nuclear weapons.

Let's not forget the bible-thumping Crisco-anointed Attorney General who has successfully shredded American freedoms in order to protect..American freedoms.

Most bizarre of all is a president who giggles publicly about "hitting the trifecta" when Sept. 11th gives him an excuse to gut social security, and a media who let him get away with it. Instead, they launch a new round of attacks on Clinton, taking the heat off their golden boy. One would think none of the mainstream media has ever read 1984 or Brave New World.

It all resembles, to an amazing degree, the nightmare world that Michael J. Fox as Marty McFly encountered in "Back to the Future II", where his nemesis Biff Tannen obtained an Almanac from the future and was able to win untold riches by predicting the outcomes of sporting events. The result was nuclear waste facilities in residential neighborhoods, a completely trashed environment, open class warfare, and a man at the top of the whole mess with unlimited and totally undeserved power.

Just like today.

Like the movie, we know exactly where our "timeline" split off into an alternate nightmarish reality. It was at 10 p.m. on December 12th, 2000, when the U.S. Supreme Court took it upon itself to deliver a verdict so stupefyingly corrupt and unfair it was the equivalent of a pie in the face to 50 million American voters.

But we never consider that this mind-bending point in American history hinged on the thought processes, judicial ethics, and integrity of one man.

You.

It's amazing that you have been able to stay out of the limelight up to now, and high time you stepped forward to take credit for your creation.

Your cohorts occupied two opposing sides of this decisive moment in world history. At the culmination of the 36-day standoff in the 2000 presidential election, Justices Rehnquist, Scalia, and Thomas were determined to give the election to Bush at any cost, including perverting the highest court in the land by preventing the counting of votes in a presidential election.

Ginsberg, Breyer, Stevens and Souter stood on the opposite side of this abyss, fighting for a moderate decision that would allow justice to be done.

That left two conservative but supposedly "swing" voters who listened to the liberal faction's pleas for a compromise that would allow a recount under new standardized rules. Sandra Day O'Connor, who had previously publicly indicated her disgust at the prospect of a Gore presidency, reverted to form and sided with her Conservative Brethren.

That left a 4-4 split, and you, Supreme Court Justice Anthony M. Kennedy.

It has been reported that, for a few precious hours, you truly were the swing voter who actually agonized over the final decision that delivered the presidency to the loser, but you probably had no idea how very momentous it was. Obviously, you saw Gore vs. Bush, Democrat vs. Republican, liberal vs. conservative. But so much more hung in the balance.

During this pivotal and remarkably crucial period, the future of the U.S. and the entire world teetered on the narrow fulcrum of your intellect, values, and personal ideology:

Integrity vs. unchecked corruption.
Intelligence vs. proud ignorance.
Environmentalism vs. destruction.
Diplomacy vs. power-mad brinkmanship.
Disarmament vs. unlimited nuclear proliferation.
International respect vs. pariah status.
Fiscal responsibility vs. billions in giveaways for the rich.
Peace vs. War.
Justice vs. Travesty.
Hope vs. Dread.
Liberty vs. Totalitarianism.
Democracy vs. Fascism.
Sanity vs. Madness.
Right vs. Wrong.
Good vs. Evil.

For however long it dwelt in your mind, it was easily the decision of twelve lifetimes, and you came down on the wrong side. According to some court sources, your "slow and deliberate style" worked against you, and you froze. And the world is a far worse place because of it, Justice Kennedy.

How can you sleep, knowing what you've done? One hopes you instead hear the silent screams of 224 years worth of American patriots who gave their lives at Bunker Hill or Normandy or Hamburger Hill or Lexington or Guadalcanal, bravely defending those noble American ideals that have now been lost, possibly for all time.

Perhaps history will give you a small chance at redemption when Cheney vs. GAO reaches the Supreme Court, which it surely will, because our new Masters of the Universe are confident that "The Scalia Five" will help them keep their secrets. Perhaps they've made room in their underground bunkers for you as they single-mindedly propel us towards Armageddon, although they seem to be concerned only with the well-being of the Executive Branch.

Do you and your colleagues regret setting this alternate reality into motion? And could you even stop it now if you wanted to?

This is the frightening New World of 2002.

It's the world you created.

Are you happy with your work?


ExpatDem watches from a (hopefully) safe distance as his Norman Rockwell memories of home change to visions of Hieronymus Bosch.

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