quorum

McConnell needs a quorum to confirm
a Justice to Ruth Ginsburg's still-warm seat.
A month from now begins his lameduck term
if Democrats can compass his defeat.

A three-seat margin can evaporate
already, two have told us they'll abstain.
As Trump keeps trying to inoculate
more senators, that edge swirls down the drain.
Each day, another minion calls in sick
this virus doesn't care that they're so rich.
Self-quarantine means he can't turn this trick;
the numbers don't look good for Putin's bitch.
Trump's tantrums, petulence, and childish wrath
mean nothing to the epidemic math.

People of Praise

Judge Barrett's Handmaid trusts she will comply
with covenants on whom she will obey.
Above the Law, more powers rule on High
and human statutes won't get in her way.
What counts as 'law', our Constitution's clear;
a Bible's found for oaths, but never read.
To bring her handmaid's cultish values here
would turn our jurisprudence on its head.
Prioritizing Jesus over Locke,
She'd toss Enlightenment and all its boons.
It's more than Roe v. Wade that's on the block--

her theory of state is loony-toons.

Another seat--past what McConnell stole--
Trump flirts with civil war to keep control.

co-equal

The fabric of society could burst
as Trump transgresses every rule and norm.
He started bad, but day by day gets worse
and  makes no slightest effort to conform.
Dick Nixon hoped no statutes could apply
to anything the president had done.
Now Trumpty goads his minions to defy
the courts that must restrain their Chosen One.
John Roberts will be tarred by Limbaugh's base
presiding in the Senate as he must
if our republic's to survive this case,
we've got to hope this Justice will prove just.
When Trump feels free to lie, defraud, extort...
our Senate sits as court of last resort.


                 

impartiality

The Powell memo advocating war
between the Classes came to light too late.
Had senators known what he thought before,
the Right's agenda might have had to wait.
Collective rights of Labor to be heard
when Management possesses all the tools
depend on how courts understand each word;
their special pow'r's interpreting our rules.
Now, Kavanaugh's proposed for Powell's bench
his writing have been hidden from our sight.
He snarls to think some academic wench
should drag his sordid past into the light.
Who vets Trump's nominees? Roy Moore's own clerks??
They seem--consistently--to go for jerks.

Gill v Whitford

The gerrymander cause just lost a year;
the BigLeague sent this case back to the farm
to start the journey over, tier by tier
Wisconsin failed to prove it suffered harm.
Concurring, Kagan chipped in major clues:
the First Amendment's key to Kennedy.
A next case must be tailored to his views
on how Association can be Free.
November must play out on the old map;
we'll weigh Efficiency another day.
Incumbents smirk; they're propped up by this crap,
but no one can defend the current way.
When "representatives" select their "base"
"republic" is a lie, and our disgrace.

evil precedent

to Feldman, Korematsu's just bad law
that no one should invoke as precedent
no ruling need point out its basic flaw
it's just not what our constitution meant
instead, he must propose another test
to validate a base to build upon
his bland assurance that he knows what's best
can't guide our legal heirs when he is gone
aesthetics seem too fuzzy to be weighed
and logic--strictly--stalls at 'cogito'
so what's the benchmark to which laws get made
for those who don't let monarchs just say so
our world seems fragile while it's on the books
to hang new legislation on bad hooks

dummy

Scalia's death struck Clarence Thomas mute
although he's never much inclined to speak
except to quip when he was being cute
no wisdom from his lips is seen to leak
George Bush the elder deemed that a Black face
would pass with only shallow scrutiny
unfit to sit in Thurgood Marshall's place
he perched on Antonin's right knee
a rubber stamp on rulings that regress
nostalgic for the era of Jim Crow
content Scalia always knows what's best
and that our Constitution says it's so
he sits as if in vegetative state
a lifetime past his expiration date

obstruction

McConnell moans Obama's playing games
to do his job as time is growing short
as if the GOP were not to blame
that we're short-handed on the Supreme Court
since Bork, each confirmation risks a war
where principle's eclipsed by spin and tricks
nostalgia for the way it was before
can't guide reform of broken politics
al-Odah fell outside of the Great Writ
until a higher court said it ain't so
but judging whether Garland's fit to sit
will need a shift in how the blowhards blow
the President "shall nominate"--that's law
however much it sticks in Mitch's craw

vacant

Republican bad faith is on display
defying what Saint Raygun said they should
as if Obama ought to have no say
on the exclusive SCOTUS brotherhood
no strict construction justifies their ploy
the constitution's unambiguous
but Mitch McConnell plays abruptly coy
as if delay served not just him, but us
a bench for nine's precarious for eight
an even number's too prone to deadlocks
the president must duly nominate
then prod McConnell with electric shocks
three legs sustain our hard-fought liberties
and Mitch can't change that system as he please

Justice

Ruth Bader Ginsburg danced at Nino's wake
as Bernie's revolution hits its stride
a nation ponders what it's gonna take
to turn the One Percenters' plans aside
whom would a confirmation battle serve
as we work through this strange election year
the Court Supreme's exposed as the raw nerve
that nauseates a People wracked with fear
abortion and corruption in the dock
as "Citizens United" and "Jane Roe"
decisions that some love but other mock
are only law because the Court says so
a five-four court is suddenly four-five
'cause Ginsburg proved the toughest judge alive

gaming

the rumor that Ben Carson had bowed out
was propagated by the Cruz machine
to seize an edge in the opening bout
as Iowans count up which way they lean
but Ben's still there (he's just resting his eyes)
and he'll perk up when questions touch his themes
Ted Cruz's win was engineered on lies
and voters love him only in his dreams
the party stalwarts are awash in sweat
between the Devil and the deep blue see
by now, they've met the guy they're gonna get
and none of them would out-poll Hillary
the stakes are high, the window's growing short
to name a Justice to the Supreme Court