As he announces his retirement, lets remember that Dick Durbin is why we can’t have nice things.
For me, this is personal.
I am from Illinois and Dick Durbin is one of my senators. About six, maybe seven, years ago, I attended all of these fundraisers for “progressive” candidates. I engaged my fellow progressives in meaningful conversations about the possibility of a left-leaning candidate challenging Durbin in a primary election. We had all learned essential lessons from Trump’s first victory. Right?
Well, no. People would respond in patronizing tones, explaining why challenging Durbin was a bad idea. None of their reasons addressed the mountain of obstacles that anyone taking on an incumbent would face. No, they focused on Durbin’s seniority and what Durbin would do with it. Boy, what a joke that became.
Now, as he has announced his retirement, I think its pretty evident that Dick Durbin is one of the reasons we can’t have nice things. He used that all-important seniority to become the Chairman of the Judiciary Committee for four years. And then he used that position to do fuck all and let this country slide further into the abyss of fascism.
Let’s start with Blue Slips – a clear example of why the Senate is undemocratic. When the President nominates a judge, the two sitting Senators from the nominee’s state receive a Blue Slip, printed on blue paper. They can express their approval of the nominee, disapproval, or choose not to return the slip at all. If even one Senator refuses to return the Blue Slip or submits a negative review, the Committee typically refuses to move forward. A single individual, within a body of 100 Senators, has the power to halt a judicial nomination. It exemplifies minority rule taken to the extreme.
The history of Blue Slips dates back to the early 20th century, and can you guess where it found its calling? It was an obstructionist tool for racist lawmakers to prevent any progress on civil rights and the integration of public spaces and schools.
Of course, during the Trump administration, this would not fly. Trump wanted to pack the courts with as many Eileen Cannons as possible. Chairman Grassley scrapped this tradition as it applied to circuit court nominees. As a result, at least a dozen judges were confirmed without receiving endorsements from both Senators.
And then we get to fucking Dick Durbin. Did he see the judiciary’s importance and scrap Blue Slips altogether? Did he understand Blue Slip’s history of racism and obstruction, and do something about it? Did he show the semblance of a spine and push through justices that might protect the rule of law as America flirted with fascism? Hahahahahahaha. No.
Instead, Durbin doubled down. He even proposed bringing back Blue Slips for circuit court judges, although he didn’t do it. At the end of the Biden term, Democrats left 47 judicial positions unfilled. Trump will now appoint people to those vacancies. Does anyone, really, think he will let Blue Slips stop him?
Then, we come to the fun topic of judicial oversight. Supreme Court Justice Clarence Thomas broke the fucking law. The Ethics in Government Act requires Supreme Court justices to disclose gifts on forms designed for that purpose. Excellent reporting from ProPublica disclosed that Thomas received from Harlan Crow, the Koch network, and others:
- 38 vacations
- 26 private jet flights
- eight flights by helicopter
- a dozen VIP passes to sporting events
- attendance as a guest at the exclusive Bohemian Club,
- travel on a private jet to and lodging at Koch network summits at resorts in California
- tuition for his nephew in a private school
- a $267,000 loan used to purchase a luxury recreational vehicle
- a free home for his mom
He disclosed none of this. Other people have been prosecuted for felonies for failing to disclose much less than this.
And what did Dick Durbin do? Did he subpoena Thomas? Did he subpoena his financial records? Did he advocate that maybe a Supreme Court justice who had so brazenly taken bribes and violated federal law be impeached or indicted? No.
He sent Chief Justice Roberts a very strongly worded memo.
And this, this is the sort of leadership from the Democratic party that has landed us in the middle of a fascist takeover. Instead of using the power they had to hold people accountable, to do their fucking jobs and get as many judges as possible appointed under Biden, Dick Durbin wrote strongly worded letters.
Dick Durbin needs to be remembered as the Senator who sat around on his ass and fiddled his thumbs as the country burned. Fuck him, and fuck those people who were so entralled to power that they couldn’t even imagine a challenge to him. Democracy doesn’t mean jack shit if there is only one name on the ballot.