In Le Monde, Brotherton & Phillips argue that a criminology theory, Broken Windows, became distorted by vulgar American social speciation (The poor are evil. Their automatic small transgressions cascade into crimes against the Order), and this corruption is what resulted in a recent, tyrannical Supreme Court ruling.
I like this analysis, in that it points to how even materialist explanatory frameworks become distorted within a conservative culture. (And why materialist explanations can never serve as adequate substitutes for historical-materialist explanations.)
Nonetheless, at the end of the day, any Supreme Court decision must be assessed in the context of that body’s other contemporaneous decisions, and there, unless we are hopelessly immobilized by fear, we must recognize a stark pattern has emerged.
It is not simply that the Supreme Court justices fell prey to a bowdlerization of Broken Windows theory. That would be a tough enough problem to address. But in fact the situation is much, much more dire. The justices were selected for the Supreme Court because they are far from innocents. The US Supreme Court has come to revert to pre-liberal, end-of-days feudal British legal traditions, and this is not through a series of mishaps. SCOTUS sanctioned election fraud at the highest level; it has recently ruled in favor of capitalist class totalitarianism in the workplace; it has come to rule repeatedly in favor of state tyranny over citizen liberties; it is positioning itself to revoke Congress’ capacity to create welfare institutions. Through its interpretations and rulings, the both conservative and fundamentally elitist US Supreme Court is actively, systematically creating the legal framework for the decisive blows that convert the US to a ferociously capitalist class-biased night watchman terror state.
The working elite theory is that the conservative initiatives will bolster the investor confidence that the US, its dollar and its debts rely on. But the conservative theory of investor confidence is superficial, a symptom of a larger conservative misreading of capitalist accumulation incentives. Because of the 40+ year dominance of conservatism, the US economy is going down like a stepwise-imploding dirigible, and its elites will not fall without scrambling together a new age of serfdom and primitive accumulation—concentrated accumulation by any means possible.
Though they are always enchanted by American capital’s money, networks, organization, ready policy models, hype, and marketeers’ assurance, the rest of the world would do well to continue to turn away and let the Americans alone erect their self-rape and -pillage legal framework in their “exceptionalist” (British serfdom and imperialism meets American slavery and nuclear chain-reaction exploitation) tradition.
Marxists are correct about what is happening here. Despite their emotional rejection of Marxists above all, American liberals need to start to assess whether they will withdraw from the real world to protect their visions of marginally-conflicted, equilibrium, civilized capitalism, or whether they will get back in there and organize to defend the pillars of their crumbling, limited-Enlightenment utopia—from conservatives this time, again.
You have to ask yourself: Are you really comfortable with slavery and serfdom?, because these remain fundamental conservative institutions–entirely complementary to, we can see plainly before us, capitalism, wretched capitalism. Absolute power corrupts absolutely; and under a system of concentrated power–such as is capitalism, there is no high, easy road to progress.