Here’s the headline: Today, the Supreme Court, In a 6-3 decision split along conservative-liberal lines, reversed the lower court and approved a South Carolina congressional map that the district court previously found was an unconstitutional dilution of Black voting power. The case is
“We start with a presumption that the legislature acted in good faith,” Alito wrote. “We should not be quick to hurl such accusations [of racial discrimination] at the political branches.”
Robert Reich: "Hello? The whole point of the federal courts stopping state racial discrimination is not to assume state lawmakers acted in “good faith.” How could the Supreme Court have reversed school desegregation in Brown vs. Board of Education, or even upheld the Civil Rights and Voting Rights Acts, without assuming that lawmakers were motivated by racial discrimination, regardless of what they said? "
What planet do these people live on? Looks like all progress for the past 50 years is going to be undone. The shear meanness is overwhelming.
Lynn, it appears they are on Trumpland somewhere in the constellation stupid. Remember for Republicans and their court judges and justices, cruelty is the point. And, when they can give a hard slap in the face to Black Americans, those SC cons are all on board. They erroneously claim it is the South Carolina legislature or something that should not be judged harshly and that would not have done something racist (which of course they would as they have for hundreds of years), so this gerrymandering is political, not really racist, so is OK. It's CHEATING guys and you all, Mr. christian Alito just approved cheating the people of South Carolina and probably a whole lot of other states too. Good going Mr. christian who just can't seem to manage the actual principles of Christianity because they get in the way of your own greed, self righteousness, and self-importance. Shameful!
I can't give them the out of lacking intelligence . It is the evil of narcissism... they lack the human characteristic of community, their need and greed is all that matters. Do you think they dare take communion at the alter?
Lynn, I think it is a combination of so many things that motivate a group of people to try to tear down a people's life for the sake of their own beliefs: greed, narcissism, fear, anger, resentment, hatred of people not like them or of people who have more than they do, racism, misogyny, and so much more. They get to claim they are christian, but one would not spot one Christian principle at play in their lives. As for taking communion, of course they do and they do it pompously so everyone will see their piety and "godliness." With 6 Catholics on the SC and one more raised Catholic, I am sure the Catholic cons share notes on being a good little Catholic boy or girl and think they are just sooo holy, while they are acting in ways that are truly nothing like Christianity. It's amazing how hypocrisy works and how effective it is.
What Alito and company are “upholding” is their “Christian” belief that their bible states black people are “lesser than” white people.
Greed, narcissism, etc have nothing to do with it.
They are simply pursuing their Christian Nationalism agenda.
Everything these clowns do is in nothing more nothing less. Each of these off the wall rulings while disgusting are merely distractions, distractions meant to keep people from stepping back and seeing the big picture. Fighting Christian Nationalism is the agenda we must pursue and stay focused on.
Since communion is a pagan ritual and their religion is based on purloined mythology, of course they can.. they can do whatever they want. No consequences now or in the hereafter.
Susan, so my question is why are we permitting legalized cheating. Maybe we need some kind of campaign to remind people that cheating no matter who does it is wrong. We might then see who is OK with it which could let us know more about a person's real character, not just the one they project.
Ruth, I thought that cheating was always wrong. That's what I learned as a child. With the way our education system has gone, a campaign like what you suggest would definitely be needed. Sad to say.
Susan, cheating should be wrong all the time but alas, Republicans these days consider it just one more tool in their box of what should be illegal actions to undermine our democracy. Maybe we should be putting mesages on evvry media platform reminding people that gerrymandering is cheating and that cheating is just plain wrong no matter who does it. Then just happen to mention that our Supreme Court conservatives are telling people, all of us that cheating is OK if done for one's political party. "That doesn't say much for the character of the Supreme Court conservatives, now does it? Tell the SC justices you hate cheating and want them to stop it. It might get them to behave a little better or it might make Congress declare gerrymandering/cheating to be illegal." It could work.
If telling them requires a phone call, that won't happen, due to my hearing impairment, not to mention my general dislike/fear of making phone calls. I would love to see senate leadership change, to get people who are more activist. We need them to be willing to actively pursue the agenda our country needs. I know there are reps in the house who are good activists. I'm not sure where to go from here.
Janice, what struck me in your comment was the word “hope.” We are doomed with the members of this Court when we realize that we cannot use the word “confident “ they will do the right thing…we can only “hope” they will do the right thing. This is a flimsy disguise couched in a false legal argument. And it isn’t just Alito…there is a like-sided composition or numbers game that cannot be balanced.
I have finally reached my breaking point…I have no confidence anymore that this democracy will survive. Hoping is too elusive and differs from confidence in a way that I cannot put into words.
Yes I see what you mean. I am Canadian and perhaps it is the short days of the long winter in my latitude 53 city. Or maybe it is our public health care system. But I find it impossible to live without hope.
(That being said: what about the possibility of expanding the US Supreme Court? …
We need a clear majority in Congress to do anything effective. (Expanding the court may only require control of the House - I don't remember the specifics - but this only underscores the importance of the election - up and down the ballot.)
Hi Christine, Hope, love, desire, and grief all live in the same house. As long as you have the desire for a better world.... which is evident in your grieving these loses... hope is still there, she's just in another part of the house. Please don't despair.
While I don't disagree they are traitors... is just seems like too nice a title for people who are destroying the oasis people have and are dying (literally) to get into.
I used to resist this thought but it has become unescapable - they want a male, white dominated society where people of color and women "know their place." They prefer to turn a blind eye to obvious discrimination and to anything that does not advance their "Christian" nationalist view. When I was in law school I revered the Supreme Court - now I have nothing for contempt for Alito and Thomas; bewilderment at Gorsuch, Barrett and Roberts and endless admiration for Jackson, Sotomayer, and Kagan.
Thanks Donna, I've know many people who believe that their ideas and behaviors are morally better than those of other people. They want to play God and pass judgement. But no one I've known would act on their presumptions in these mean, rights-sucking, caste creating, and controlling way these "good, moral gentlemen" have.
Voter suppression is the key. tfg has been working on it for years (Carol Anderson's book, "One Person, No Vote." Every line is pulled from somewhere in history, one third of the book gives all of the sources) retrumplicans have zero policies, zero plans so they are just controlling the vote obviously with the aid of their justices.
I've been following Democracy Docket for years. Marc Elias, an attorney, works nationally fighting voting rights cases or tracks them (currently tracking over 700 cases, many of which the national RNC is fighting for instance in Nevada to require no ballots counted after ELECTION day, Wisconsin and other states, to have all ballot drop-off boxes removed (in the 2022 election Texas removed them all so only one in each county was available. Some counties are the size of Rhode Island. One family reported driving two and a half hours to drop off their ballot, but were determined to do so.) Getting on the email list helps support Marc. He also posts on YouTube. His is the most important site to follow (sorry Joyce, although your's is important as well).
It is largely out of a kind of feral fear of inevitable demographic change that is already accelerating --- with an overlay of sadism. I can smell the flop sweat from here.
This over history is proven to be the dogs that comes back to bite, haunting memoirs , or a never ended regret …and an inkling of what’s ahead. We’ve been warned….
Well said, Christopher! Like all of us here, I don't know how much more of this stuff (trying not to say a naughty word) I can take. It's not good for my heart. It's not good for my sleep. It's not good for my sanity --- or what's left of it.
Can I say the "s" word which is another name for excrement? If so, that's what all of those inhumane creeps are full of. The higher up the food chain, the smellier they get.
Go for it, Dianne! You may find it liberating! And I'm almost sure that not even your middle-school grandchildren will be shocked by "another word for excrement."
Josha, thank you for your encouragement! As kids we would sometimes hear the expression "cussing like a sailor" [no offense to men and women in the Navy] so we thought that meant it was okay, as long as our parents never knew.
It's nearly impossible NOT to yell at least one or two curse words if you're driving within a 100-mile radius of DC! It seems that a lot of drivers think that a STOP sign is merely a suggestion, and that it's okay to blow through a red light, as long as there are no cars with cars with roof-mounted blue lights nearby.
I worked at two jails back in the day. Trust me, I doubt there's any word, or expression, or "offer for services rendered" that I didn't hear. I learned to ignore them. There were many, many times I wanted to say "_____ you" right back to them!
It's just weird to say s***, f***, and other colorful words in WRITING.
Dianne, and the guy at the top is sitting on his potty while dropping his s**t right into it so others can clean up after him or maybe since he is their deity, passing it around for inspection.
Tc. the challenge for me and many others is that Democrats have not stepped up to do anything about it. Schumer and Durban can't seem to even make a clear statement about what is going on with the SC or about anything else that Trump and Kump are doing. It is a disgrace and perhaps, if Dems can keep the Senate, we need a new, stronger, more activist leader. It's time we start standing up to the "treason" Republicans are participating in, including Trump claiming Biden sent the FBI to assassinate him. I know Trump is dealing with or rather not dealing effectively with dementia, but someone put that ridiculous idea in his addled brain. Biden needs to be more active too, letting people know what Trump and Kump are up to. That Trump mess does not bode well for anyone, even Trump's entourage because he could turn on any of them in a moment and send them to a kind of hell as he has been permitted to send others who happen to displease the toddler-man.
It is important to note that the current Supreme Court, Roberts’ court, with its recent opinion regarding gerrymandering in South Carolina, continues to erode our constitution by declaring certain sections of our Constitution unconstitutional. I begin with Citizens United in 2010 wherein Roberts emasculated Section 4 of Article IV regarding our guarantee to a republican form of government by allowing unlimited funding contributions by the rich and famous to buy whatever type of state government the buyers want.
This is the beginning of state autocracy in Tennessee, the end of a republican form of government. Bill sponsor, Rep. Gino Bulso, R-Brentwood, passed legislation to block state courts from hearing challenges to any internal rules or policies the General Assembly. He has repeatedly argued the General Assembly's authority rises above any state judicial oversight over its internal rules, even those that affect members of the public. Bulso's bill would not apply to laws passed by the legislature, which are routinely challenged in state court. Not yet.
It was Article IV, called “the sleeping giant” that was argued by Senator Charles Sumner of Mass., one of the principal architects of the 14th Amendment, particularly Section 3, the qualification clause, that the secessionist states had to ratify to rejoin the union during post war construction and admission of the secessionists states.
Next was Shelby County v. Holder when Roberts’ court abandoned section 4 of the voting rights act and rendered Section 5 nugatory. However useful federal law can be found at Title 52, Subtitles I and II, USC 10101et seq. The Republicans for all their clever machinations could not launch a viable attack on these laws. The voting Amendments 13, 15, 19, 24, and 26, the 26th Amendment is the only voting amendment which is codified at Title 52 USC Section 10701. It specifically authorizes the Attorney General to enforce the statute. If he will. All amendments are subject to Article V, the amendment article, which states in relevant part, that regardless of when an Amendment is ratified by the several states, … “shall be valid to all intents and purposes as part of this Constitution.” Roberts Court abandoned this precept and essentially voided its implication in any of their deliberations. Nevertheless all of the above statues as noted above, are in full force and effect and therefore we have a lot of arrows in our quivers to initiate a good fight against every Republican secessionist state and their destructive machinations by any and all Republican office holders, whatever their title from the Governor on down.
I would encourage you to study the statutes cited above and then take a few of your neighbors to your state reps and Congressional representative and tell them you want some law enforcement action for violations of the laws cited. If you have any questions I can be reached at papricklyprickerpress1@gmail.com.
I find no useful purpose in debating the behavior of members of the Republican National Crime (RNC) organization, they are sociopaths that have no regard for the people they are supposed to serve, and that includes Republican members of the federal and state legislatures and the judiciary at state and Federal levels, because no matter what, they have proven that they will ignore them—E.g. Judge Aileen Cannon of Florida, and all the Republican members of the Roberts’’ court. In Federalist No. 78, Alexander Hamilton wrote in relevant part, “And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone but would have everything to fear from its union with either of the other departments.”
The Supreme Court has abandoned all reason and truth and managed to destroy the faith of the American people in its Supreme Court and by their actions, have created a citizenry, especially women and little girls, that is exposed to state sanctioned iatrogenic reckless endangerment. I certainly hope the Democrats are drafting Articles of impeachment now against the Roberts Court, Aileen Cannon, and the one lunatic judge in Texas that I can’t remember his name. If I could recommend some reading to those people, I would suggest the Summa Theologica, by Thomas Acquinas that discusses Truth, Reason, and Faith and their relationship to each other and in peoples’ spiritual souls.
If you vote for a Republican at any level, you may be voting for the facilitation of your own death. Heinrich Himmler, the head of Hitler’s Schutzstaffel, Gestapo, started out has a chicken farmer and a small-town Burgermeister. Saving lives and influencing destiny one day at a time.
Karl, that was amazing! Such excellent information. I grew up with the Warren Court, so as I watched the advances they made for the American people erode as Republican presidents smeared the court with appalling anti-American nominees, it was hard to imagine how we could get out of their clutches. I like your presentation of the laws that would permit states' citizens to start challenging the crap that is going on in state governments over the wishes of the people, laws that are clearly unconstitutional. I hope people will take you up on this. Then we need to expand the SC and have term limits. A meaningful code of ethics is critical too. How we permitted our SC to run without such a code is beyond comprehension. Maybe they were supposed to live the code of all the other judges in the federal system but just ignored it.
Maybe the decline in quality of the SC occurred because of the crises that were happening when some major changes were taking place: the Iraq/Afghanistan wars, the 2008 crash, and white fear of what having a Black president would mean. Then, there's Trump and Kump. Please keep pushing your proposals and tying them with the actual laws on the books. Maybe we could also get criminal charges brought against the most blatant abusers of our Constitution. Accepting bribes is illegal for any judge, justice, or lawmaker. Then, there's insurrection or promoting it as Alito has. He should not be able to hold office as a supporter of the insurrectionists. I know that is in the 14th Amendment.
Ruth, if you want to run for Congress or Senate, I'll be happy to vote for you. Your ideas make a lot more sense than anything that's come from The Hill in a long time.
the push for "States rights" has always been a push for allowing reproductive control of women and discrimination. I'm sure these people would not support the right of states to prohibit gerrymandering and other things.
Karl, thank you for such good information, including all the citations. I'm definitely going to head to the law library and check these out. Hope I remember to bring some Tylenol with me . . . . . just to be on the safe side.
Be patient with yourself, take the Tylenol, hydrate. I have downloaded over 10,000 pages of various sections of the US Code, judicial opinions, cited as "competent authority", etc. I started over 40 years ago and since Americas best sexual predator I have spent a small fortune in court transcripts. By the way, read the judicial opinions regarding the hearings of the master sex abuser such as those from the DC Circuit court of Appeals. They always cite to the appropriate cases and statues and can save a lot of leg work. Judges Mehta, Howell, Chutkan to name a few. The opinions of Judges Engoron, and Merchan from New York are also helpful.
One other suggestion is somewhat of a shortcut, try the Congressional Research Service, CRS sidebars and enter keywords like voting, Aiding and Abetting, RICO and any other legal headline you can glean from the headlines, and stay away from the amateur tabloid journalists otherwise known as the social media. They are visitors from another planet. Good luck. Saving lives and influencing destiny one day at a time. Karl
I completely agree -- the messaging of the Democrats is pathetic and ineffective. A scary percentage of people believe the economy is in the toilet, that unemployment is high, that inflation is on the rise, etc. I wish someone other than Biden were running - but his list of achievements is really great and yet most of the electorate believes the opposite
Laurie, Democrats have a messaging problem, but moreso, a media problem. Lies seem to go far faster and further than the truth unless the truth is something that will embarrass or somehow hurt someone. Some Democrats over-complain about Biden which is ridiculous. He has done an enormous amount since elected. I wish he had done more, but he had a couple of DINOs in the Senate who just couldn't bear to do the right thing for the American people unless they got their cut first: Manchin and Sinema. Then there are the Republicans who simply do not want to govern. They are being paid a reasonable salary but can't seem to do any work. When they go on the job, they waste everyone's time whining about Democratic representatives calling them on their pro-Trump and anti-Biden lies, but Dems can't speak the truth without being silenced. It is a good thing a lot of it is on tape so even though their words are not going to be in the Congressional record, people will get to know more about old white Republican pettiness. So, let's see, Democrats have passed critical legislation to actually deal with some of the challenges we are now facing and Republicans have passed what, again. Some did go along with passing the already-agreed-upon budget, but that's it. They have no ideas and a bunch of grievances toward Biden's family, the secretary of Homeland Security, and whoever their addled brains land on at any given time. How do we get the word out that those Republicans are being paid significantly from the taxpayer money even though they don't want to have to pay taxes at all, but do essentially nothing, even take side trips to fawn over their Baby Donnie and pay fealty to their god. Outrageous!
Ruth, I'm discouraged, too, and trying very hard not to give up. I believe that most media sources are swayed --- whether by the Almighty Dollar, or fear, or both --- to continue following Trump's orders, no matter how sickening it becomes.
I've started a letter-writing campaign to the elected officials, in which I mention not just frustration and fear of Trump & Co. taking over our country and the world, if possible, but Members of Congress, heads of some of the "alphabet" government agencies who look the other way, and most of all the Supremes.
I wouldn't trust UNjustice Roberts as far as I could throw him. And don't get me started on the SCOTUS Traitors Alioto and Clarence "Do as I say, but not as I do" Thomas.
It's interesting to watch Ron DeSantimonous and Nikky Haley and their on-again/off-again endearing affection for Trump, when he could give a SH -- about them (I almost said it!). Wonder which of the bootlickers Trump will pick? Might he surprise us by asking (gasp!) Loose Cannon to be his VP?
Biden DEFINITELY needs to start making things happen!
Is it too soon to start running pro-Blue/anti-Red campaigns on TV? We can't depend on news outlets to be truthful. The Big Day in November will be here before we know it. A lot can happen before then, and a lot of that means changes we have to make.
Dianne, a challenge is getting the word out on all the various platforms people inhabit. It is hard to get just the right message in the right place and to convince people that trump is not a joke. He is well-funded, given all the language he needs to use to condemn people and convince others that he is their deity. He has christian nationalists waving their banners in the hands of our Speaker of the House, a Supreme Court justice, as well as other prominent Republicans and a whole lot of people totally OK with lying at will about nearly everything. I have not heard a truth from a Republican in months except for the things Trump intends for his brown shirts to take care of for him should he be re-elected. Of course, he will do none of it himself, but will accept the kudos from his rich white male friends because he just doesn't work at all except to run his mouth. How do we let people understand that and that they must make sure Trump is never put into any office again?
I just read Joyce's interview with Frank (I'll mess up the spelling of his last name), the former FBI Counterintelligence agent. Frank's response to Joyce's question about Trump's sudden (my word, not hers) fondness for law enforcement included telling us that the entire Law Enforcement membership in Michigan have now endorsed Trump! Reading that made my stomach churn, and my blood pressure was not that great, either.
Actually only Leonard Leo (funded with $1.6bn. by billionaire Barr Said) and his Fed Society and Mitch McConnell did make up and make happen the heinous and unethical court-packing that brought us far right wingers Gorsuch, Kavanaugh and AC Barrett. Hollywood can and should dramatize it.
Separately, RBG, ill as she was, should have resigned in 2014. She must have imagined both that HRC was going to win in '16 and that she herself could, either way, outrun the clock.
Having her seat filled with a Dem appointee -- assuming McConnell wouldn't have tried to block even a 2014 appointment (that's assuming a lot consider his unethical behavior) - wouldn't give a majority. But it could have helped.
Had constitutional practice and democratic norms prevailed in SCOTUS appointments in 2015 and 2020, at present, there should be a 5-4 moderate to liberal SCOTUS majority.
Liberals: Kagan, Sotomayor, Garland, Jackson and Justice X, who would have been nominated to fill the pre-election vacancy stolen by McConnell for Barrett in late 2020.
I would be so happy for Dems to sweep the House and Senate big time, and impeach Alito and Thomas. Barring that, I think adding seats for additional justices is not only justified by history, but necessary to rescue the legitimacy of the Supreme Court and save our constitutional republic.
Exactly. Trump may have picked which three justices got to overturn Roe, but that's about it. There is no way McConnell would have allowed the confirmation of any justice not approved of by Leo. This is an important point to remember because reproductive and LGBTQ rights are still going to be in danger from the Republicans even if Trump goes down in flames.
I agree also on adding new justices. There are currently 13 judicial districts which means that there should be 13 justices.
The trouble with adding seats is that it is a short-term solution. In another day, those additional seats may also be filled by biased, partisan Justices. A better solution, and one that has an equally poor chance at becoming reality, would be for term limits for Justices, coordinated so that one expired during each presidential term. Then voters, through their election of presidents, would have an equal opportunity for representation.
Gerrymandering by race and gerrymandering by political party should be equally banned. Districts should be drawn by general geographic area, as much as is practical.
But when Blacks live concentrated in small areas, their votes are diluted just because they live together. Geographical maps are unfair as here in SC they take the Black vote away. I live in this clusterfuck of a GOP state and resent like hell that my Democratic vote for anything is an exercise in futility. My language represents exactly how I feel after a rotten day reading this in the middle of the night looking ahead to chaos perpetrated by Project 2025 and the Uber wealthy in a state that isn’t even mentioned in the overall discussion of the coming election because it is unfairly rigged for the GOP. Rep Clyburn says it much better than I. If I could relocate I would but that is physically and financially impossible. Damn Alito and his partisan SCOTUS. He needs to be retired from his wealthy donors and messaging with insurrection flags. He is a traitor to the Constitution as clearly as the light of day.
The "approximately equal population" part is constitutionally required, so you can't just "draw a grid" on the state's map. Of course a state legislature -- or public referendum -- can put the line-drawing authority in the hands of a non-political redistricting committee. But the legislature isn't likely to take action that would reduce the members' ability to guarantee the continuation of their disproportional numbers and power, so that ain't gonna happen; and the initiative route is expensive and will be fought by grotesquely well-funded opposition.
Joshua I agree with your analysis that redistricting done by a non-political redistricting committee would be wonderful. Other countries do it and it works for them. This conversation regarding SCOTUS would not be taking place either if we didn’t have a written Constitution that mandated lifetime tenure for Article III judges. Without that provision (which we all learned that was so good because it allegedly insulated judges from politics) would allow the US at least the opportunity to modernize its court system - in particular the SCOTUS.
Have you ever seen a gerrymandered map? A grid would be much better because the empowerment they have to make these slivers of areas, bringing them into Republican strongholds is so clear. It’s the intent.
Absolutely. But the "originalist" approach to interpretation of the Constitution demands reference to how the "founding generation" treated the reapportionment district-drawing process, and the shapes of districts drawn to include as many Federalists in as few districts as possible -- "district packing" -- by Democratic Republicans were as extreme as anything created throughout the intervening 210 years. Therefore, and for the originalists conclusively, political gerrymandering is constitutionally permissible. (One could make the same argument about Congressional graft . . .)
Colorado did that in 2022 and instead of the honorable Jason Crow I got Ken Buck. As stupid as the man was, he wasn't a complete idiot, but close. Now I get the opportunity for Lauren Beetlejuice Boebert.
I wouldn't complain about how it's working in CO, which went 55.4% to 41.9% for Joe in '20 while the redrawn districts produced a 5-to-3 D House delegation (62.5% to 37.5%) in '22. And now you have the opportunity to send Boobird back to Rifle.
Yes, why is gerrymandering considered to be more legitimate if partisan as opposed to racial? This whole thing is ridiculous. I am calling SCOTUS tomorrow (202)479-3000 and, if I get through, give them a piece of my mind. Dollars to donuts they will not be accepting calls from the rabble...but I will try.
In every civilised democracy in the world, district boundaries are managed by an independent electoral commission. The US Constitution is so deficient.
Let's face it. No one ever gerrymanders a map just to mess with people for the hell of it. There's no such thing as a map drawn just on racial grounds. The whole 'gerrymandering is cool if political' argument is pure b.s. There's little doubt that if this Court were ever faced with a map gerrymandered in favor of Democrats that they would change their position in a heartbeat.
It started during the Reagan administration. Alito and Roberts were appointed by his as the basis for the long battle to overturn Roe and now they are so completely out of touch it’s ridiculous. Thank as always, Joyce.
Actually, the goal is to overturn The New Deal. Civil rights and voting rights are later addtions to the program and are being used as cudgels by white Christian nationalists to beat back all the progress made between 1930 and 1980. Wait and see: it is the Supreme Court that will end our ability to properly tax the wealthy in future cases. It is their MONEY that our wealthy fascists are worried about. They have finally found racial (racist) and sexist (anti-abortion) grounds to gerry-rig and gerry-mander the votes they need to implement their rapacious plans, even when they are in the minority!
These bastards have been working together, including globally, to undermine democratic advances and reverse hard won civil rights for decades. These past few years have seen exposure of their true motives and filthy murderous tactics to a far wider audience than they are used to.
I'm not surprised at the positions of Alito and Thomas on this decision, but I increasingly wonder whether Gorsuch, Kavanaugh and Barrett are so intimidated by Alito that they are reluctant to deviate from his approaches on "conservative" issues. These three are not only relative novices, but they also weren't selected for the depth of their legal expertise or reputation for being independent (see Federalist Society influence). I wonder if they are truly "independent" or are either "going along to get along" with Alito or simply being bullied by him?
Vincent, I'm not disagreeing with anything you've said, so please don't take my replying to your post that way. With lifetime tenure and absolutely no oversight or other way to realistically get them off the bench, how in the world could one justice be intimidated by another? These nine people alone in this country can do whatever they want whenever they want without shame nor guilt nor... well, I'm so mad, I can't even think of my words. This is insane.
Reader/Writer, I appreciate what you are saying. Objectively speaking, all of the Justices should be independent of being influenced by other Justices for the reasons you state. But in any organization there tend to be the "alphas" who are the prime movers and then some of those who follow along while not in total agreement. Witness Kavanaugh's concurrence in the Dobbs opinion, where he states that overruling the Roe precedent does not mean other precedents that relied on the right to privacy (birth control, same-sex marriage, etc.) would not be affected. He's trying to go along - with reservations. Also, to the "going along" point, witness the statement in the NYT that Gorsuch signed onto the Dobbs draft opinion 10 minutes after it was circulated by Alito to all the Justices.
"On Feb. 10 last year, Justice Samuel A. Alito Jr. showed his eight colleagues how he intended to uproot the constitutional right to abortion.
At 11:16 a.m., his clerk circulated a 98-page draft opinion in Dobbs v. Jackson Women’s Health Organization. After a justice shares an opinion inside the court, other members scrutinize it. Those in the majority can request revisions, sometimes as the price of their votes, sweating sentences or even words.
But this time, despite the document’s length, Justice Neil M. Gorsuch wrote back just 10 minutes later to say that he would sign on to the opinion and had no changes, according to two people who reviewed the messages. The next morning, Justice Clarence Thomas added his name, then Justice Amy Coney Barrett, and days later, Justice Brett M. Kavanaugh. None requested a single alteration. The responses looked like a display of conservative force and discipline."
Or - the responses looked like a stunning display of lack of independence.
Vincent, or both, probably a bit of both at work when those justices knew exactly why they were placed on the SC, even though they in their heart of hearts knew they were not sufficiently qualified or experienced. Bullying comes in a lot of forms and is rarely a good thing. It is especially bad on our SC. In any case, if those justices had actually read the Alito crap, they would have seen just how bad a writer he is and what thin support Alito had in his arguments. They all should have had massive revisions, but somehow, just couldn't manage it. Their law school professors would/should have been horrified.
Well, I thank you for your considered and valuable response. By the time I read it, I had cooled down a little -- although for a laugh, I was trying to discover which smoke detector in my house was screaming at me and had them all sitting here on my desk when I was reading the comments! The fun part is the screaming just stopped and I still don't know which one it was. Anyway, thank you for that information... our public servants still working for us, right?
I think that the other so-called conservative justices are just as bad as Alito and Thomas. They're all Federalist Society religious nutjobs. They are interpreting and shaping our laws to fit their agenda. It's horrifying.
The Democrats could have organized their own “Federalist Society” as the Republicans did in 1982. After Roe was decided the Democrats could have codified it (or at least made the attempt). The SCOTUS has been chipping away at the right to privacy since the 1980s both in abortion and right to die cases. The March to Washington by anti-abortion groups happened every year. Pro-Choice groups allowed the “other side” to set the agenda. Where was their march?
The SCOTUS changed with the Berger Court and decisions started coming down that appeared to bring the US somewhat into the age of modernity. Most readers here grew up believing the country was changing course. More people are paying attention today because they don’t like what is happening. For decades Democrats have looked to the SCOTUS to salvage their agenda. This Court’s rulings are a brutal wake up call. Americans opposed to what is happening need to realize that in order to effectuate the changes being demanded there needs to be long range planning. Democrats need to stop playing defense.
Get Biden re-elected. Keep the Senate. Take the House. There will be no impeachment of Alito or Thomas. And they don’t care what anyone thinks of them or who calls for their resignation.
Reader, another problem we have with anyone connected to Trump, what does he have on those guys? Trump and Kump act like a Mafia family and will dig up dirt or plant dirt on anyone. I suspect having such dirt or the threat that they might have such dirt may keep Trump's gang (family) in line. Even though Trump may not remember exactly what they have, his handlers surely do and are not afraid to use it. After all, they have instant media connections where things can casually be dumped. and ah, too bad about Gorsuch or Roberts or Kavanaugh. We didn't know he was like that, how could he do that!
No, they are NOT independent. They are owned by the Federalist Society and I wonder if are they following the Heritage Foundation’s agenda! Scary scary times.
Vincent, I suspect it is bullying and with two old men going after them and Johnny ignoring the whole thing, I am sure they were bullied, possibly threatened too. Because their "discussions" are secret, we may never know. It is too bad those 3 who are not great justices anyway, won't stand up to those bullies. After all, they do have lifetime appointments and they will all probably outlive the bullies. It is just sad they are tying themselves to the treason of the bullies. They should know better, but alas, as you said, they were not nominated by the Federalist Society, and approved by our Senate because of their mental prowess.
Thank you very much for this! Plan on using that information. Pressure needs to be put on Durbin, especially, although Chuck Schumer could use a backbone, too.
Alito, Thomas and the other Republican justices (yes, they are Republican political operatives) are neither independent or honorable. They are bought and paid for by billionaires, who seek to profit from SC decisions. This particular court is so far gone, they should be removed, and the court repopulated from scratch under mandatory ethics rules. The Constitution says a justice can serve during "good behavior". They act the way they do because no one holds them to account. These political hacks have exposed significant flaws in our system. The current SC deserves no respect.
Jenn, I would put one modification on your statement that they all should be jettisoned. The "liberal" justices have not bowed to the "go along to get along" theory. Their descents have been strong and on the mark. I have seen no evidence that they have been bought, probably because as far as I know Democrats do not depend on anything like The Federalist Society for judicial nominations.
Agreed. So far, many of the comments are trying to find some semblance of sense in this opinion. There is none. It is opinion bought and paid for. There is no excuse. No one is afraid of anyone else. They are doing the job they are being paid to do. No one is being intimidated or worried about dirt. They have each shown who they are and what character lies within and the numbers are stacked. Three opposing decisions cannot overcome six of the same. The six have f*cked this country in ways that are not even imaginable yet. Let the racists be named….loud and clear.
Sabrina, and we all are the majority, but somehow, we keep permitting rich white, pseudo-christian, toddler-men, a minority to rule. We need to get together and stop the insanity.
You're so right, Sabrina. I really thought we had progressed past the demonstrations and marches of the sixties and seventies. I thought what we had earned was a good start. The next time we battle our way back up the hill, we'll be smarter and just as inspired as the women and people of color were decades ago. We owe it to them and to our daughters and granddaughters. We know we can do this...
Two things Joyce, I would change shall and should to must. and second That code of Ethics should cover ALL, appointed, elected, and employed members of the Federal Government. I will write to my Senator asking him to support Senator Whitehouse's bill. We will have a new Democrat Senator after November to replace Dianne Feinstein.
Here is the email I just sent to Senator Padilla feel free to use any part.
Hi Senator Padilla,
Please give your support To Senator Whitehouse of Rhode Island on his Supreme Court Ethics, Recusal, and Transparency Act. I would prefer the word "must" to replace "shall or should" but would be happy with the bill as written. Since this bill requires no money it should not be subject to filibuster.
In the near future I would like to see a standardized code of ethics to apply to all appointed, elected, and employed members of the Federal Government. We have a similar code of ethics in California for teachers and government employees. I see no reason why any person of integrity would object to signing a similar one at the Federal level.
I am pretty sure you're correct Marlene. I'm far more certain of Schiff than I am of Biden. But I believe we will take California. My Congressman in District 6 should also be a shoo in.
Janine, you're not alone in this sadness. I used to think that there would be a light at the end of this tunnel, but now it seems that this tunnel will be endless. And I'm scared to even think about what we'll find on the other side.
I'm about to cry right now, so I'll close for now. But before I go, sending you an online hug.
Further, it is Senator Whitehouse (iirc) who pointed out that there is *already* legislation governing SCOTUS conduct, which has been breached, by Alito. So he broke the law. Afaik, there is nothing to prevent DOJ from bringing a case - that is *exactly* separation of powers & checks and balances. A judge is no more immune to the law than a legislator, or an executive. Likewise, they must each pay their taxes.
Andrew, it might be a way to hold those justices accountable if an actual criminal case could be brought against them and they would have to face a jury of their "peers" to defend their treacherous behavior. I'd like to see that, starting with Thomas, then Alito (go with the oldest first).
Connected to what you've mentioned - here's a link to a Thurs, May 23rd clip of MSNBC's Lawrence O'Donnell talking to Sen. Sheldon Whitehouse (D-RI) about Alito's flags. Sen. Whitehouse mentions what they're working on now to get this issue corrected (under 10 mins): https://www.youtube.com/watch?v=oGPZuk-lPxw
Also, another May 23rd MSNBC clip. Andrea Mitchell is talking to Sen. Chris Coons (D-DE) where he also is describing what the Dems are working on to correct this (10 mins): https://www.youtube.com/watch?v=uJkP0F1IAJY
Coons mentions they need some of the Republicans' votes for passage and they're not getting any help from them. I'll be writing and calling my two (FL) Republican senators, the Judiciary Cmttee, and Chuck Schumer's office. It might be a good idea to contact our Senators to help the Dems get this done. It's called the SCERT Act. (Supreme Court Ethics, Recusal, and Transparency Act). I remember when Congress thought they were going to get rid of the Affordable Healthcare Act, you might remember that too (2010). People from all over the country responded for several days, filling up the halls and clogging the phone lines. They realized they'd better not get rid of it - too many people willing to be involved to keep it. This is what the Republicans need to see. It's election time for some of them - donald trump doesn't elect them, their constituents do.
I wish I had senators who would listen to reason. Every time I write to them (Cornyn & Cruz), I either get a bunch of platitudes or nothing at all (it's very rare that Ted Cruz responds to anything). I'm pretty sure Rick Scott would ignore you. No clue who your other senator is, but hopefully they are better.
I heard the SCOTUS also made it harder for such cases to be brought to the court - I can't find anything to expand on this. It sounds a bit like legislating from the bench. Anyone else hear this, and understand what is meant?
There seems to be 1 unifying characteristic to this new breed of Republicans: They're going to do what they want to do and they don't give a good G*ddamn what anyone else thinks about it. They are determined on their quest to keep the old power-religion structure going strong. Like Joyce says, we have to vote - and do some electoral work before we arrive at the polls.
Reader, the truth is that whatever Republicans claim Democrats are doing or have done, it is really the Republicans who have done it and want to distract from their own bad behavior. It is hard to get the message out, though. Then, there is naming things exactly opposite of what they are like "The Freedom Caucus" in the House and calling bills designed to take away people's rights, the people's rights bill. It is disgusting and we need media to call ?Republicans out on this cheat/lie when it appears. I know, that is not likely to happen because our media will need to find something negative to charge Democrats with to make their ridiculous "balancing act" work. It's the emails and Ben Gazi all over again.
Ari Berman was on a segment with Alex Wagner talking about the multiple segments of the Voting Rights Act the Fascist Six on SCOTUS have made it harder to bring suit to enforce
joyce. once again thanks for the thoughtful and mind provoking article. my question. what is keeping chief justice Roberts remaining silent. Silence is complicit to the misdeed ( in my opinion ) His court will go down in history as one of the most conflicted court since the 1800s. Chief Justice has lost his ethics compass
I wondered about that too. You have to think that, logically, if Roberts had felt ashamed or embarrassed by Thomas's and Alito's behavior, he would've had a chat with them, and we wouldn't have seen any further displays of job-abandonment. However, since we've seen Alito totally forget he's a scotus justice and there's no indication from Roberts of his intervention, we can assume he isn't going to correct anyone. This is a lifetime position (for all of them) and there'll be no consequences if he doesn't intervene, so why play the heavy guy? My gut feeling, honestly, is that he enjoys looking down on us (non-conservatives) and seeing how upset we get about their unhinged rulings and unethical conduct, he might even laugh at ridiculous it is, at how untouchable they are no matter what they do.
I know the tide will turn on this situation, it always has when things are patently unjust. They won't be able to stay this way. Remember, the arc of the moral universe is long but it bends towards justice - Martin Luther King.
i appreciate your thoughtful analysis. perhaps a life time appointment to the bench should be reevaluated. change in this democracy is almost impossible unfortunately
“We start with a presumption that the legislature acted in good faith,” Alito wrote. “We should not be quick to hurl such accusations [of racial discrimination] at the political branches.”
Robert Reich: "Hello? The whole point of the federal courts stopping state racial discrimination is not to assume state lawmakers acted in “good faith.” How could the Supreme Court have reversed school desegregation in Brown vs. Board of Education, or even upheld the Civil Rights and Voting Rights Acts, without assuming that lawmakers were motivated by racial discrimination, regardless of what they said? "
What planet do these people live on? Looks like all progress for the past 50 years is going to be undone. The shear meanness is overwhelming.
Lynn, it appears they are on Trumpland somewhere in the constellation stupid. Remember for Republicans and their court judges and justices, cruelty is the point. And, when they can give a hard slap in the face to Black Americans, those SC cons are all on board. They erroneously claim it is the South Carolina legislature or something that should not be judged harshly and that would not have done something racist (which of course they would as they have for hundreds of years), so this gerrymandering is political, not really racist, so is OK. It's CHEATING guys and you all, Mr. christian Alito just approved cheating the people of South Carolina and probably a whole lot of other states too. Good going Mr. christian who just can't seem to manage the actual principles of Christianity because they get in the way of your own greed, self righteousness, and self-importance. Shameful!
I can't give them the out of lacking intelligence . It is the evil of narcissism... they lack the human characteristic of community, their need and greed is all that matters. Do you think they dare take communion at the alter?
Lynn, I think it is a combination of so many things that motivate a group of people to try to tear down a people's life for the sake of their own beliefs: greed, narcissism, fear, anger, resentment, hatred of people not like them or of people who have more than they do, racism, misogyny, and so much more. They get to claim they are christian, but one would not spot one Christian principle at play in their lives. As for taking communion, of course they do and they do it pompously so everyone will see their piety and "godliness." With 6 Catholics on the SC and one more raised Catholic, I am sure the Catholic cons share notes on being a good little Catholic boy or girl and think they are just sooo holy, while they are acting in ways that are truly nothing like Christianity. It's amazing how hypocrisy works and how effective it is.
What Alito and company are “upholding” is their “Christian” belief that their bible states black people are “lesser than” white people.
Greed, narcissism, etc have nothing to do with it.
They are simply pursuing their Christian Nationalism agenda.
Everything these clowns do is in nothing more nothing less. Each of these off the wall rulings while disgusting are merely distractions, distractions meant to keep people from stepping back and seeing the big picture. Fighting Christian Nationalism is the agenda we must pursue and stay focused on.
If they do take communion, the urn should scald them beyond recognition and a bolt of lightning strike them.
Since communion is a pagan ritual and their religion is based on purloined mythology, of course they can.. they can do whatever they want. No consequences now or in the hereafter.
IMO all gerrymandering is cheating. That's the whole purpose of it.
Susan, so my question is why are we permitting legalized cheating. Maybe we need some kind of campaign to remind people that cheating no matter who does it is wrong. We might then see who is OK with it which could let us know more about a person's real character, not just the one they project.
Ruth, I thought that cheating was always wrong. That's what I learned as a child. With the way our education system has gone, a campaign like what you suggest would definitely be needed. Sad to say.
Susan, cheating should be wrong all the time but alas, Republicans these days consider it just one more tool in their box of what should be illegal actions to undermine our democracy. Maybe we should be putting mesages on evvry media platform reminding people that gerrymandering is cheating and that cheating is just plain wrong no matter who does it. Then just happen to mention that our Supreme Court conservatives are telling people, all of us that cheating is OK if done for one's political party. "That doesn't say much for the character of the Supreme Court conservatives, now does it? Tell the SC justices you hate cheating and want them to stop it. It might get them to behave a little better or it might make Congress declare gerrymandering/cheating to be illegal." It could work.
If telling them requires a phone call, that won't happen, due to my hearing impairment, not to mention my general dislike/fear of making phone calls. I would love to see senate leadership change, to get people who are more activist. We need them to be willing to actively pursue the agenda our country needs. I know there are reps in the house who are good activists. I'm not sure where to go from here.
I just reread Alito's quote, “We start with a presumption that the legislature acted in good faith,”
WHERE IS THE PRESUMPTION THAT WOMEN ACT IN GOOD FAITH AROUND REPRODUCTION?
Exactly -- what gerrymandering was EVER done in good faith - it's all about - and has always been about - giving one group a political advantage.
Thank you.
Remember, they're all fellow members of the Unreconstructed Confederate Traitors Party.
Appalling decision. Grateful for your analysis and explication, Joyce.
i hope the ethics bill becomes an effective foil for the bad behaviour.
Janice, what struck me in your comment was the word “hope.” We are doomed with the members of this Court when we realize that we cannot use the word “confident “ they will do the right thing…we can only “hope” they will do the right thing. This is a flimsy disguise couched in a false legal argument. And it isn’t just Alito…there is a like-sided composition or numbers game that cannot be balanced.
I have finally reached my breaking point…I have no confidence anymore that this democracy will survive. Hoping is too elusive and differs from confidence in a way that I cannot put into words.
Thank you for your reply…..
Yes I see what you mean. I am Canadian and perhaps it is the short days of the long winter in my latitude 53 city. Or maybe it is our public health care system. But I find it impossible to live without hope.
(That being said: what about the possibility of expanding the US Supreme Court? …
We need a clear majority in Congress to do anything effective. (Expanding the court may only require control of the House - I don't remember the specifics - but this only underscores the importance of the election - up and down the ballot.)
Hi Christine, Hope, love, desire, and grief all live in the same house. As long as you have the desire for a better world.... which is evident in your grieving these loses... hope is still there, she's just in another part of the house. Please don't despair.
The problem is that while maybe/perhaps/possibly it might pass the Senate, it is dead as the proverbial door nail in Kiddieland, er, I mean the House.
Leonard Leo should be called to a grand jury. If he won't divulge all the judicial beneficiaries of his largesse with specifics, indict him.
Great idea!!
While I don't disagree they are traitors... is just seems like too nice a title for people who are destroying the oasis people have and are dying (literally) to get into.
I used to resist this thought but it has become unescapable - they want a male, white dominated society where people of color and women "know their place." They prefer to turn a blind eye to obvious discrimination and to anything that does not advance their "Christian" nationalist view. When I was in law school I revered the Supreme Court - now I have nothing for contempt for Alito and Thomas; bewilderment at Gorsuch, Barrett and Roberts and endless admiration for Jackson, Sotomayer, and Kagan.
Thank Ronald Reagan. He had all these jackasses in his administration. Roberts, Alito and Thomas.
Yes. So much of the disastrous state we find ourselves in today has direct lineage back to that 2 bit actor.
And just like Saint Ronnie, the Rethugs now have an even less adept actor in Holy Orange Turd
I'd switch out "meanness" with "self-righteousness" as they now seem to think that their beliefs are the only ones that matter.
Disgusted is the nicest word I can come up with to describe how I feel about the right's descent into being "gun-toting, christian" idealogues.
Thanks Donna, I've know many people who believe that their ideas and behaviors are morally better than those of other people. They want to play God and pass judgement. But no one I've known would act on their presumptions in these mean, rights-sucking, caste creating, and controlling way these "good, moral gentlemen" have.
Voter suppression is the key. tfg has been working on it for years (Carol Anderson's book, "One Person, No Vote." Every line is pulled from somewhere in history, one third of the book gives all of the sources) retrumplicans have zero policies, zero plans so they are just controlling the vote obviously with the aid of their justices.
I've been following Democracy Docket for years. Marc Elias, an attorney, works nationally fighting voting rights cases or tracks them (currently tracking over 700 cases, many of which the national RNC is fighting for instance in Nevada to require no ballots counted after ELECTION day, Wisconsin and other states, to have all ballot drop-off boxes removed (in the 2022 election Texas removed them all so only one in each county was available. Some counties are the size of Rhode Island. One family reported driving two and a half hours to drop off their ballot, but were determined to do so.) Getting on the email list helps support Marc. He also posts on YouTube. His is the most important site to follow (sorry Joyce, although your's is important as well).
It is largely out of a kind of feral fear of inevitable demographic change that is already accelerating --- with an overlay of sadism. I can smell the flop sweat from here.
Lynn, you are right on. How can we trust the decisions of this Supreme Court when we know they are not action in good faith or for our democracy?
This over history is proven to be the dogs that comes back to bite, haunting memoirs , or a never ended regret …and an inkling of what’s ahead. We’ve been warned….
Only Hollywood could make up this current Dystopian Court. In Star Wars they would be the Evil Empire. Enough said. Thanks Joyce!
Well said, Christopher! Like all of us here, I don't know how much more of this stuff (trying not to say a naughty word) I can take. It's not good for my heart. It's not good for my sleep. It's not good for my sanity --- or what's left of it.
Just say it, Diane - fuck these mf-ing traitors!!! Doesn't that feel good to say what you really think?
Can I say the "s" word which is another name for excrement? If so, that's what all of those inhumane creeps are full of. The higher up the food chain, the smellier they get.
Go for it, Dianne! You may find it liberating! And I'm almost sure that not even your middle-school grandchildren will be shocked by "another word for excrement."
Josha, thank you for your encouragement! As kids we would sometimes hear the expression "cussing like a sailor" [no offense to men and women in the Navy] so we thought that meant it was okay, as long as our parents never knew.
It's nearly impossible NOT to yell at least one or two curse words if you're driving within a 100-mile radius of DC! It seems that a lot of drivers think that a STOP sign is merely a suggestion, and that it's okay to blow through a red light, as long as there are no cars with cars with roof-mounted blue lights nearby.
I worked at two jails back in the day. Trust me, I doubt there's any word, or expression, or "offer for services rendered" that I didn't hear. I learned to ignore them. There were many, many times I wanted to say "_____ you" right back to them!
It's just weird to say s***, f***, and other colorful words in WRITING.
Dianne, and the guy at the top is sitting on his potty while dropping his s**t right into it so others can clean up after him or maybe since he is their deity, passing it around for inspection.
Freeze-drying, packaging, and selling it to his disciples.
😂😂
Ruth, he's probably sitting on his golden throne as we speak.
They certainly do.
Tc. the challenge for me and many others is that Democrats have not stepped up to do anything about it. Schumer and Durban can't seem to even make a clear statement about what is going on with the SC or about anything else that Trump and Kump are doing. It is a disgrace and perhaps, if Dems can keep the Senate, we need a new, stronger, more activist leader. It's time we start standing up to the "treason" Republicans are participating in, including Trump claiming Biden sent the FBI to assassinate him. I know Trump is dealing with or rather not dealing effectively with dementia, but someone put that ridiculous idea in his addled brain. Biden needs to be more active too, letting people know what Trump and Kump are up to. That Trump mess does not bode well for anyone, even Trump's entourage because he could turn on any of them in a moment and send them to a kind of hell as he has been permitted to send others who happen to displease the toddler-man.
Dear Ms. Sheets and others:
It is important to note that the current Supreme Court, Roberts’ court, with its recent opinion regarding gerrymandering in South Carolina, continues to erode our constitution by declaring certain sections of our Constitution unconstitutional. I begin with Citizens United in 2010 wherein Roberts emasculated Section 4 of Article IV regarding our guarantee to a republican form of government by allowing unlimited funding contributions by the rich and famous to buy whatever type of state government the buyers want.
This is the beginning of state autocracy in Tennessee, the end of a republican form of government. Bill sponsor, Rep. Gino Bulso, R-Brentwood, passed legislation to block state courts from hearing challenges to any internal rules or policies the General Assembly. He has repeatedly argued the General Assembly's authority rises above any state judicial oversight over its internal rules, even those that affect members of the public. Bulso's bill would not apply to laws passed by the legislature, which are routinely challenged in state court. Not yet.
It was Article IV, called “the sleeping giant” that was argued by Senator Charles Sumner of Mass., one of the principal architects of the 14th Amendment, particularly Section 3, the qualification clause, that the secessionist states had to ratify to rejoin the union during post war construction and admission of the secessionists states.
Next was Shelby County v. Holder when Roberts’ court abandoned section 4 of the voting rights act and rendered Section 5 nugatory. However useful federal law can be found at Title 52, Subtitles I and II, USC 10101et seq. The Republicans for all their clever machinations could not launch a viable attack on these laws. The voting Amendments 13, 15, 19, 24, and 26, the 26th Amendment is the only voting amendment which is codified at Title 52 USC Section 10701. It specifically authorizes the Attorney General to enforce the statute. If he will. All amendments are subject to Article V, the amendment article, which states in relevant part, that regardless of when an Amendment is ratified by the several states, … “shall be valid to all intents and purposes as part of this Constitution.” Roberts Court abandoned this precept and essentially voided its implication in any of their deliberations. Nevertheless all of the above statues as noted above, are in full force and effect and therefore we have a lot of arrows in our quivers to initiate a good fight against every Republican secessionist state and their destructive machinations by any and all Republican office holders, whatever their title from the Governor on down.
I would encourage you to study the statutes cited above and then take a few of your neighbors to your state reps and Congressional representative and tell them you want some law enforcement action for violations of the laws cited. If you have any questions I can be reached at papricklyprickerpress1@gmail.com.
I find no useful purpose in debating the behavior of members of the Republican National Crime (RNC) organization, they are sociopaths that have no regard for the people they are supposed to serve, and that includes Republican members of the federal and state legislatures and the judiciary at state and Federal levels, because no matter what, they have proven that they will ignore them—E.g. Judge Aileen Cannon of Florida, and all the Republican members of the Roberts’’ court. In Federalist No. 78, Alexander Hamilton wrote in relevant part, “And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone but would have everything to fear from its union with either of the other departments.”
The Supreme Court has abandoned all reason and truth and managed to destroy the faith of the American people in its Supreme Court and by their actions, have created a citizenry, especially women and little girls, that is exposed to state sanctioned iatrogenic reckless endangerment. I certainly hope the Democrats are drafting Articles of impeachment now against the Roberts Court, Aileen Cannon, and the one lunatic judge in Texas that I can’t remember his name. If I could recommend some reading to those people, I would suggest the Summa Theologica, by Thomas Acquinas that discusses Truth, Reason, and Faith and their relationship to each other and in peoples’ spiritual souls.
If you vote for a Republican at any level, you may be voting for the facilitation of your own death. Heinrich Himmler, the head of Hitler’s Schutzstaffel, Gestapo, started out has a chicken farmer and a small-town Burgermeister. Saving lives and influencing destiny one day at a time.
Karl, that was amazing! Such excellent information. I grew up with the Warren Court, so as I watched the advances they made for the American people erode as Republican presidents smeared the court with appalling anti-American nominees, it was hard to imagine how we could get out of their clutches. I like your presentation of the laws that would permit states' citizens to start challenging the crap that is going on in state governments over the wishes of the people, laws that are clearly unconstitutional. I hope people will take you up on this. Then we need to expand the SC and have term limits. A meaningful code of ethics is critical too. How we permitted our SC to run without such a code is beyond comprehension. Maybe they were supposed to live the code of all the other judges in the federal system but just ignored it.
Maybe the decline in quality of the SC occurred because of the crises that were happening when some major changes were taking place: the Iraq/Afghanistan wars, the 2008 crash, and white fear of what having a Black president would mean. Then, there's Trump and Kump. Please keep pushing your proposals and tying them with the actual laws on the books. Maybe we could also get criminal charges brought against the most blatant abusers of our Constitution. Accepting bribes is illegal for any judge, justice, or lawmaker. Then, there's insurrection or promoting it as Alito has. He should not be able to hold office as a supporter of the insurrectionists. I know that is in the 14th Amendment.
I completely agree that Citizens United was the beginning of the end of SCOTUS.
Ruth, if you want to run for Congress or Senate, I'll be happy to vote for you. Your ideas make a lot more sense than anything that's come from The Hill in a long time.
the push for "States rights" has always been a push for allowing reproductive control of women and discrimination. I'm sure these people would not support the right of states to prohibit gerrymandering and other things.
Karl, thank you for such good information, including all the citations. I'm definitely going to head to the law library and check these out. Hope I remember to bring some Tylenol with me . . . . . just to be on the safe side.
Dear Ms. Loftus;
Be patient with yourself, take the Tylenol, hydrate. I have downloaded over 10,000 pages of various sections of the US Code, judicial opinions, cited as "competent authority", etc. I started over 40 years ago and since Americas best sexual predator I have spent a small fortune in court transcripts. By the way, read the judicial opinions regarding the hearings of the master sex abuser such as those from the DC Circuit court of Appeals. They always cite to the appropriate cases and statues and can save a lot of leg work. Judges Mehta, Howell, Chutkan to name a few. The opinions of Judges Engoron, and Merchan from New York are also helpful.
One other suggestion is somewhat of a shortcut, try the Congressional Research Service, CRS sidebars and enter keywords like voting, Aiding and Abetting, RICO and any other legal headline you can glean from the headlines, and stay away from the amateur tabloid journalists otherwise known as the social media. They are visitors from another planet. Good luck. Saving lives and influencing destiny one day at a time. Karl
Sherrod Brown would make a fine majority leader. Sheldon Whitehouse should chair the judiciary committee.
Yeah, join the Club of the Frustrated
I believe that it ceased to be just a club a good while back. It is now an unofficial (yet to be politically defined) bona fide grassroots Movement.
I have come to realize it is much bigger than I thought.
I completely agree -- the messaging of the Democrats is pathetic and ineffective. A scary percentage of people believe the economy is in the toilet, that unemployment is high, that inflation is on the rise, etc. I wish someone other than Biden were running - but his list of achievements is really great and yet most of the electorate believes the opposite
Laurie, Democrats have a messaging problem, but moreso, a media problem. Lies seem to go far faster and further than the truth unless the truth is something that will embarrass or somehow hurt someone. Some Democrats over-complain about Biden which is ridiculous. He has done an enormous amount since elected. I wish he had done more, but he had a couple of DINOs in the Senate who just couldn't bear to do the right thing for the American people unless they got their cut first: Manchin and Sinema. Then there are the Republicans who simply do not want to govern. They are being paid a reasonable salary but can't seem to do any work. When they go on the job, they waste everyone's time whining about Democratic representatives calling them on their pro-Trump and anti-Biden lies, but Dems can't speak the truth without being silenced. It is a good thing a lot of it is on tape so even though their words are not going to be in the Congressional record, people will get to know more about old white Republican pettiness. So, let's see, Democrats have passed critical legislation to actually deal with some of the challenges we are now facing and Republicans have passed what, again. Some did go along with passing the already-agreed-upon budget, but that's it. They have no ideas and a bunch of grievances toward Biden's family, the secretary of Homeland Security, and whoever their addled brains land on at any given time. How do we get the word out that those Republicans are being paid significantly from the taxpayer money even though they don't want to have to pay taxes at all, but do essentially nothing, even take side trips to fawn over their Baby Donnie and pay fealty to their god. Outrageous!
Ruth, I'm discouraged, too, and trying very hard not to give up. I believe that most media sources are swayed --- whether by the Almighty Dollar, or fear, or both --- to continue following Trump's orders, no matter how sickening it becomes.
I've started a letter-writing campaign to the elected officials, in which I mention not just frustration and fear of Trump & Co. taking over our country and the world, if possible, but Members of Congress, heads of some of the "alphabet" government agencies who look the other way, and most of all the Supremes.
I wouldn't trust UNjustice Roberts as far as I could throw him. And don't get me started on the SCOTUS Traitors Alioto and Clarence "Do as I say, but not as I do" Thomas.
It's interesting to watch Ron DeSantimonous and Nikky Haley and their on-again/off-again endearing affection for Trump, when he could give a SH -- about them (I almost said it!). Wonder which of the bootlickers Trump will pick? Might he surprise us by asking (gasp!) Loose Cannon to be his VP?
Biden DEFINITELY needs to start making things happen!
Is it too soon to start running pro-Blue/anti-Red campaigns on TV? We can't depend on news outlets to be truthful. The Big Day in November will be here before we know it. A lot can happen before then, and a lot of that means changes we have to make.
Dianne, a challenge is getting the word out on all the various platforms people inhabit. It is hard to get just the right message in the right place and to convince people that trump is not a joke. He is well-funded, given all the language he needs to use to condemn people and convince others that he is their deity. He has christian nationalists waving their banners in the hands of our Speaker of the House, a Supreme Court justice, as well as other prominent Republicans and a whole lot of people totally OK with lying at will about nearly everything. I have not heard a truth from a Republican in months except for the things Trump intends for his brown shirts to take care of for him should he be re-elected. Of course, he will do none of it himself, but will accept the kudos from his rich white male friends because he just doesn't work at all except to run his mouth. How do we let people understand that and that they must make sure Trump is never put into any office again?
I just read Joyce's interview with Frank (I'll mess up the spelling of his last name), the former FBI Counterintelligence agent. Frank's response to Joyce's question about Trump's sudden (my word, not hers) fondness for law enforcement included telling us that the entire Law Enforcement membership in Michigan have now endorsed Trump! Reading that made my stomach churn, and my blood pressure was not that great, either.
TC,
Yes! I do feel better now!
I’ve never felt good about name calling, but I have to say, I most def feel better!
“Ftmft”
Thanks!
You're welcome. :-)
It does, but still looks like this crowd is taking America down.
Could not agree more Dianne!
Actually only Leonard Leo (funded with $1.6bn. by billionaire Barr Said) and his Fed Society and Mitch McConnell did make up and make happen the heinous and unethical court-packing that brought us far right wingers Gorsuch, Kavanaugh and AC Barrett. Hollywood can and should dramatize it.
Separately, RBG, ill as she was, should have resigned in 2014. She must have imagined both that HRC was going to win in '16 and that she herself could, either way, outrun the clock.
Having her seat filled with a Dem appointee -- assuming McConnell wouldn't have tried to block even a 2014 appointment (that's assuming a lot consider his unethical behavior) - wouldn't give a majority. But it could have helped.
Had constitutional practice and democratic norms prevailed in SCOTUS appointments in 2015 and 2020, at present, there should be a 5-4 moderate to liberal SCOTUS majority.
Liberals: Kagan, Sotomayor, Garland, Jackson and Justice X, who would have been nominated to fill the pre-election vacancy stolen by McConnell for Barrett in late 2020.
Conservatives: Robert, Alito, Thomas, Gorsuch (or) Kavanagh
I would be so happy for Dems to sweep the House and Senate big time, and impeach Alito and Thomas. Barring that, I think adding seats for additional justices is not only justified by history, but necessary to rescue the legitimacy of the Supreme Court and save our constitutional republic.
Register Democrats -- save the Constitution from Confederates.
https://www.fieldteam6.org/
Exactly. Trump may have picked which three justices got to overturn Roe, but that's about it. There is no way McConnell would have allowed the confirmation of any justice not approved of by Leo. This is an important point to remember because reproductive and LGBTQ rights are still going to be in danger from the Republicans even if Trump goes down in flames.
I agree also on adding new justices. There are currently 13 judicial districts which means that there should be 13 justices.
The trouble with adding seats is that it is a short-term solution. In another day, those additional seats may also be filled by biased, partisan Justices. A better solution, and one that has an equally poor chance at becoming reality, would be for term limits for Justices, coordinated so that one expired during each presidential term. Then voters, through their election of presidents, would have an equal opportunity for representation.
Do both.
Gerrymandering by race and gerrymandering by political party should be equally banned. Districts should be drawn by general geographic area, as much as is practical.
But when Blacks live concentrated in small areas, their votes are diluted just because they live together. Geographical maps are unfair as here in SC they take the Black vote away. I live in this clusterfuck of a GOP state and resent like hell that my Democratic vote for anything is an exercise in futility. My language represents exactly how I feel after a rotten day reading this in the middle of the night looking ahead to chaos perpetrated by Project 2025 and the Uber wealthy in a state that isn’t even mentioned in the overall discussion of the coming election because it is unfairly rigged for the GOP. Rep Clyburn says it much better than I. If I could relocate I would but that is physically and financially impossible. Damn Alito and his partisan SCOTUS. He needs to be retired from his wealthy donors and messaging with insurrection flags. He is a traitor to the Constitution as clearly as the light of day.
The "approximately equal population" part is constitutionally required, so you can't just "draw a grid" on the state's map. Of course a state legislature -- or public referendum -- can put the line-drawing authority in the hands of a non-political redistricting committee. But the legislature isn't likely to take action that would reduce the members' ability to guarantee the continuation of their disproportional numbers and power, so that ain't gonna happen; and the initiative route is expensive and will be fought by grotesquely well-funded opposition.
Exactly what California has done--taken it out of the hands of the legislature--and it has served us well.
Joshua I agree with your analysis that redistricting done by a non-political redistricting committee would be wonderful. Other countries do it and it works for them. This conversation regarding SCOTUS would not be taking place either if we didn’t have a written Constitution that mandated lifetime tenure for Article III judges. Without that provision (which we all learned that was so good because it allegedly insulated judges from politics) would allow the US at least the opportunity to modernize its court system - in particular the SCOTUS.
Have you ever seen a gerrymandered map? A grid would be much better because the empowerment they have to make these slivers of areas, bringing them into Republican strongholds is so clear. It’s the intent.
Absolutely. But the "originalist" approach to interpretation of the Constitution demands reference to how the "founding generation" treated the reapportionment district-drawing process, and the shapes of districts drawn to include as many Federalists in as few districts as possible -- "district packing" -- by Democratic Republicans were as extreme as anything created throughout the intervening 210 years. Therefore, and for the originalists conclusively, political gerrymandering is constitutionally permissible. (One could make the same argument about Congressional graft . . .)
Every state should do the Michigan solution to gerrymandering. We have democracy here again:
https://votersnotpoliticians.com/
(Unfortunately we now have the 40,000 member Michigan police association endorsing trump, though.)
Colorado did that in 2022 and instead of the honorable Jason Crow I got Ken Buck. As stupid as the man was, he wasn't a complete idiot, but close. Now I get the opportunity for Lauren Beetlejuice Boebert.
Not sure that's working out.
I wouldn't complain about how it's working in CO, which went 55.4% to 41.9% for Joe in '20 while the redrawn districts produced a 5-to-3 D House delegation (62.5% to 37.5%) in '22. And now you have the opportunity to send Boobird back to Rifle.
Yes. Just draw a grid. Let the chips fall.
Yes, why is gerrymandering considered to be more legitimate if partisan as opposed to racial? This whole thing is ridiculous. I am calling SCOTUS tomorrow (202)479-3000 and, if I get through, give them a piece of my mind. Dollars to donuts they will not be accepting calls from the rabble...but I will try.
In every civilised democracy in the world, district boundaries are managed by an independent electoral commission. The US Constitution is so deficient.
Ideally, all districts should have approximately equal population. That's why it's so tempting to muck around with them.
Let's face it. No one ever gerrymanders a map just to mess with people for the hell of it. There's no such thing as a map drawn just on racial grounds. The whole 'gerrymandering is cool if political' argument is pure b.s. There's little doubt that if this Court were ever faced with a map gerrymandered in favor of Democrats that they would change their position in a heartbeat.
Right? They aren't supposed to meddle in politics, so stop it!
It started during the Reagan administration. Alito and Roberts were appointed by his as the basis for the long battle to overturn Roe and now they are so completely out of touch it’s ridiculous. Thank as always, Joyce.
Actually, the goal is to overturn The New Deal. Civil rights and voting rights are later addtions to the program and are being used as cudgels by white Christian nationalists to beat back all the progress made between 1930 and 1980. Wait and see: it is the Supreme Court that will end our ability to properly tax the wealthy in future cases. It is their MONEY that our wealthy fascists are worried about. They have finally found racial (racist) and sexist (anti-abortion) grounds to gerry-rig and gerry-mander the votes they need to implement their rapacious plans, even when they are in the minority!
Spot on 🎯
These bastards have been working together, including globally, to undermine democratic advances and reverse hard won civil rights for decades. These past few years have seen exposure of their true motives and filthy murderous tactics to a far wider audience than they are used to.
Exactly.
I'm not surprised at the positions of Alito and Thomas on this decision, but I increasingly wonder whether Gorsuch, Kavanaugh and Barrett are so intimidated by Alito that they are reluctant to deviate from his approaches on "conservative" issues. These three are not only relative novices, but they also weren't selected for the depth of their legal expertise or reputation for being independent (see Federalist Society influence). I wonder if they are truly "independent" or are either "going along to get along" with Alito or simply being bullied by him?
Vincent, I'm not disagreeing with anything you've said, so please don't take my replying to your post that way. With lifetime tenure and absolutely no oversight or other way to realistically get them off the bench, how in the world could one justice be intimidated by another? These nine people alone in this country can do whatever they want whenever they want without shame nor guilt nor... well, I'm so mad, I can't even think of my words. This is insane.
Reader/Writer, I appreciate what you are saying. Objectively speaking, all of the Justices should be independent of being influenced by other Justices for the reasons you state. But in any organization there tend to be the "alphas" who are the prime movers and then some of those who follow along while not in total agreement. Witness Kavanaugh's concurrence in the Dobbs opinion, where he states that overruling the Roe precedent does not mean other precedents that relied on the right to privacy (birth control, same-sex marriage, etc.) would not be affected. He's trying to go along - with reservations. Also, to the "going along" point, witness the statement in the NYT that Gorsuch signed onto the Dobbs draft opinion 10 minutes after it was circulated by Alito to all the Justices.
"On Feb. 10 last year, Justice Samuel A. Alito Jr. showed his eight colleagues how he intended to uproot the constitutional right to abortion.
At 11:16 a.m., his clerk circulated a 98-page draft opinion in Dobbs v. Jackson Women’s Health Organization. After a justice shares an opinion inside the court, other members scrutinize it. Those in the majority can request revisions, sometimes as the price of their votes, sweating sentences or even words.
But this time, despite the document’s length, Justice Neil M. Gorsuch wrote back just 10 minutes later to say that he would sign on to the opinion and had no changes, according to two people who reviewed the messages. The next morning, Justice Clarence Thomas added his name, then Justice Amy Coney Barrett, and days later, Justice Brett M. Kavanaugh. None requested a single alteration. The responses looked like a display of conservative force and discipline."
Or - the responses looked like a stunning display of lack of independence.
Vincent, or both, probably a bit of both at work when those justices knew exactly why they were placed on the SC, even though they in their heart of hearts knew they were not sufficiently qualified or experienced. Bullying comes in a lot of forms and is rarely a good thing. It is especially bad on our SC. In any case, if those justices had actually read the Alito crap, they would have seen just how bad a writer he is and what thin support Alito had in his arguments. They all should have had massive revisions, but somehow, just couldn't manage it. Their law school professors would/should have been horrified.
Well, I thank you for your considered and valuable response. By the time I read it, I had cooled down a little -- although for a laugh, I was trying to discover which smoke detector in my house was screaming at me and had them all sitting here on my desk when I was reading the comments! The fun part is the screaming just stopped and I still don't know which one it was. Anyway, thank you for that information... our public servants still working for us, right?
I think that the other so-called conservative justices are just as bad as Alito and Thomas. They're all Federalist Society religious nutjobs. They are interpreting and shaping our laws to fit their agenda. It's horrifying.
The Democrats could have organized their own “Federalist Society” as the Republicans did in 1982. After Roe was decided the Democrats could have codified it (or at least made the attempt). The SCOTUS has been chipping away at the right to privacy since the 1980s both in abortion and right to die cases. The March to Washington by anti-abortion groups happened every year. Pro-Choice groups allowed the “other side” to set the agenda. Where was their march?
The SCOTUS changed with the Berger Court and decisions started coming down that appeared to bring the US somewhat into the age of modernity. Most readers here grew up believing the country was changing course. More people are paying attention today because they don’t like what is happening. For decades Democrats have looked to the SCOTUS to salvage their agenda. This Court’s rulings are a brutal wake up call. Americans opposed to what is happening need to realize that in order to effectuate the changes being demanded there needs to be long range planning. Democrats need to stop playing defense.
Get Biden re-elected. Keep the Senate. Take the House. There will be no impeachment of Alito or Thomas. And they don’t care what anyone thinks of them or who calls for their resignation.
Reader, another problem we have with anyone connected to Trump, what does he have on those guys? Trump and Kump act like a Mafia family and will dig up dirt or plant dirt on anyone. I suspect having such dirt or the threat that they might have such dirt may keep Trump's gang (family) in line. Even though Trump may not remember exactly what they have, his handlers surely do and are not afraid to use it. After all, they have instant media connections where things can casually be dumped. and ah, too bad about Gorsuch or Roberts or Kavanaugh. We didn't know he was like that, how could he do that!
No, they are NOT independent. They are owned by the Federalist Society and I wonder if are they following the Heritage Foundation’s agenda! Scary scary times.
Leonard Leo owns them. He is the one who expanded Federal Society chapters at Ivy League schools. I bet they all take a “loyalty” pledge.
Vincent, I suspect it is bullying and with two old men going after them and Johnny ignoring the whole thing, I am sure they were bullied, possibly threatened too. Because their "discussions" are secret, we may never know. It is too bad those 3 who are not great justices anyway, won't stand up to those bullies. After all, they do have lifetime appointments and they will all probably outlive the bullies. It is just sad they are tying themselves to the treason of the bullies. They should know better, but alas, as you said, they were not nominated by the Federalist Society, and approved by our Senate because of their mental prowess.
Vincent, I personally wouldn’t give them such an easy out. They are full well capable of their own discriminations without Alito pointing the way.
I don't think they're intimidated. They can hide behind him and sit in awe of his ability to act outrageously. They want to grow up to be him
To call your Members of Congress, today's Jess Craven post makes it easy:
https://open.substack.com/pub/chopwoodcarrywaterdailyactions/p/chop-wood-carry-water-523-9ed
I called all three today. Felt better than stewing in my outrage. Worry Less, Do More!
Under Extra Credit she gives phone numbers for Senator Durbin. I left a message that included "Evil flourishes when good people do nothing."
Thank you very much for this! Plan on using that information. Pressure needs to be put on Durbin, especially, although Chuck Schumer could use a backbone, too.
Alito, Thomas and the other Republican justices (yes, they are Republican political operatives) are neither independent or honorable. They are bought and paid for by billionaires, who seek to profit from SC decisions. This particular court is so far gone, they should be removed, and the court repopulated from scratch under mandatory ethics rules. The Constitution says a justice can serve during "good behavior". They act the way they do because no one holds them to account. These political hacks have exposed significant flaws in our system. The current SC deserves no respect.
Jenn, I would put one modification on your statement that they all should be jettisoned. The "liberal" justices have not bowed to the "go along to get along" theory. Their descents have been strong and on the mark. I have seen no evidence that they have been bought, probably because as far as I know Democrats do not depend on anything like The Federalist Society for judicial nominations.
Thank you Ruth.
Agreed. So far, many of the comments are trying to find some semblance of sense in this opinion. There is none. It is opinion bought and paid for. There is no excuse. No one is afraid of anyone else. They are doing the job they are being paid to do. No one is being intimidated or worried about dirt. They have each shown who they are and what character lies within and the numbers are stacked. Three opposing decisions cannot overcome six of the same. The six have f*cked this country in ways that are not even imaginable yet. Let the racists be named….loud and clear.
It is 2024. Women and people of color are STILL second class citizens to rich white christian posing men.
Sabrina, and we all are the majority, but somehow, we keep permitting rich white, pseudo-christian, toddler-men, a minority to rule. We need to get together and stop the insanity.
You're so right, Sabrina. I really thought we had progressed past the demonstrations and marches of the sixties and seventies. I thought what we had earned was a good start. The next time we battle our way back up the hill, we'll be smarter and just as inspired as the women and people of color were decades ago. We owe it to them and to our daughters and granddaughters. We know we can do this...
As both E. Jean and Joyce have said (and both during the past week): do not despair.
Exactly.
Don’t limit the disrespect that many men have for women to white, rich or Christian.
OMG!!!! Truer words have not been spoken. It is absolutely heartbreaking.
Two things Joyce, I would change shall and should to must. and second That code of Ethics should cover ALL, appointed, elected, and employed members of the Federal Government. I will write to my Senator asking him to support Senator Whitehouse's bill. We will have a new Democrat Senator after November to replace Dianne Feinstein.
Here is the email I just sent to Senator Padilla feel free to use any part.
Hi Senator Padilla,
Please give your support To Senator Whitehouse of Rhode Island on his Supreme Court Ethics, Recusal, and Transparency Act. I would prefer the word "must" to replace "shall or should" but would be happy with the bill as written. Since this bill requires no money it should not be subject to filibuster.
In the near future I would like to see a standardized code of ethics to apply to all appointed, elected, and employed members of the Federal Government. We have a similar code of ethics in California for teachers and government employees. I see no reason why any person of integrity would object to signing a similar one at the Federal level.
Sincerely
Fay E.A. Reid
Thank you Fay!
Yes we will, Fay. Hopefully it will be Schiff and not Garvey!
I am pretty sure you're correct Marlene. I'm far more certain of Schiff than I am of Biden. But I believe we will take California. My Congressman in District 6 should also be a shoo in.
Roe, Roe, Roe the Vote!
Do away with the filibuster.
Expand SCOTUS to match the Circuits.
Fix all this RShit crap.
Reading this and the news today made me cry. For real I just broke down and cried.
Janine, you're not alone in this sadness. I used to think that there would be a light at the end of this tunnel, but now it seems that this tunnel will be endless. And I'm scared to even think about what we'll find on the other side.
I'm about to cry right now, so I'll close for now. But before I go, sending you an online hug.
🫂
There really is a Deep State, aided and abetted, if not led, by at least one insurrectionist Supreme Court Justice.
There are six of them.
I think we need to stay real about that.
#ExpandTheCourt
Further, it is Senator Whitehouse (iirc) who pointed out that there is *already* legislation governing SCOTUS conduct, which has been breached, by Alito. So he broke the law. Afaik, there is nothing to prevent DOJ from bringing a case - that is *exactly* separation of powers & checks and balances. A judge is no more immune to the law than a legislator, or an executive. Likewise, they must each pay their taxes.
Andrew, it might be a way to hold those justices accountable if an actual criminal case could be brought against them and they would have to face a jury of their "peers" to defend their treacherous behavior. I'd like to see that, starting with Thomas, then Alito (go with the oldest first).
Andrew,
Connected to what you've mentioned - here's a link to a Thurs, May 23rd clip of MSNBC's Lawrence O'Donnell talking to Sen. Sheldon Whitehouse (D-RI) about Alito's flags. Sen. Whitehouse mentions what they're working on now to get this issue corrected (under 10 mins): https://www.youtube.com/watch?v=oGPZuk-lPxw
Also, another May 23rd MSNBC clip. Andrea Mitchell is talking to Sen. Chris Coons (D-DE) where he also is describing what the Dems are working on to correct this (10 mins): https://www.youtube.com/watch?v=uJkP0F1IAJY
Coons mentions they need some of the Republicans' votes for passage and they're not getting any help from them. I'll be writing and calling my two (FL) Republican senators, the Judiciary Cmttee, and Chuck Schumer's office. It might be a good idea to contact our Senators to help the Dems get this done. It's called the SCERT Act. (Supreme Court Ethics, Recusal, and Transparency Act). I remember when Congress thought they were going to get rid of the Affordable Healthcare Act, you might remember that too (2010). People from all over the country responded for several days, filling up the halls and clogging the phone lines. They realized they'd better not get rid of it - too many people willing to be involved to keep it. This is what the Republicans need to see. It's election time for some of them - donald trump doesn't elect them, their constituents do.
May 22nd Senate Judiciary Cmmttee Write-up: https://www.judiciary.senate.gov/press/releases/durbin-justice-alito-must-recuse-himself-from-cases-related-to-the-2020-election-after-appeal-to-heaven-flag-was-flown-at-his-home
Contact info for your US Senators here, if you want it: https://www.senate.gov/senators/senators-contact.htm
I wish I had senators who would listen to reason. Every time I write to them (Cornyn & Cruz), I either get a bunch of platitudes or nothing at all (it's very rare that Ted Cruz responds to anything). I'm pretty sure Rick Scott would ignore you. No clue who your other senator is, but hopefully they are better.
I miss the Warren Court when my thinking was awakened and I miss an ethical majority of even a conservative Court today.
I heard the SCOTUS also made it harder for such cases to be brought to the court - I can't find anything to expand on this. It sounds a bit like legislating from the bench. Anyone else hear this, and understand what is meant?
Yeah, that age-old insult that the republicans have been hurling at democratic judges for decades: Activist judges. Unbelievable.
There seems to be 1 unifying characteristic to this new breed of Republicans: They're going to do what they want to do and they don't give a good G*ddamn what anyone else thinks about it. They are determined on their quest to keep the old power-religion structure going strong. Like Joyce says, we have to vote - and do some electoral work before we arrive at the polls.
Agree wholeheartedly. They are spitting in our faces because they know they can get away with it.
Reader, the truth is that whatever Republicans claim Democrats are doing or have done, it is really the Republicans who have done it and want to distract from their own bad behavior. It is hard to get the message out, though. Then, there is naming things exactly opposite of what they are like "The Freedom Caucus" in the House and calling bills designed to take away people's rights, the people's rights bill. It is disgusting and we need media to call ?Republicans out on this cheat/lie when it appears. I know, that is not likely to happen because our media will need to find something negative to charge Democrats with to make their ridiculous "balancing act" work. It's the emails and Ben Gazi all over again.
Ruth, for the first part of your response, it's called "projection".
Ari Berman was on a segment with Alex Wagner talking about the multiple segments of the Voting Rights Act the Fascist Six on SCOTUS have made it harder to bring suit to enforce
joyce. once again thanks for the thoughtful and mind provoking article. my question. what is keeping chief justice Roberts remaining silent. Silence is complicit to the misdeed ( in my opinion ) His court will go down in history as one of the most conflicted court since the 1800s. Chief Justice has lost his ethics compass
Did Roberts ever have one?
that’s a great question. he did shocked me. when he voted to keep Affordable Health Care aka Obama Care
I wondered about that too. You have to think that, logically, if Roberts had felt ashamed or embarrassed by Thomas's and Alito's behavior, he would've had a chat with them, and we wouldn't have seen any further displays of job-abandonment. However, since we've seen Alito totally forget he's a scotus justice and there's no indication from Roberts of his intervention, we can assume he isn't going to correct anyone. This is a lifetime position (for all of them) and there'll be no consequences if he doesn't intervene, so why play the heavy guy? My gut feeling, honestly, is that he enjoys looking down on us (non-conservatives) and seeing how upset we get about their unhinged rulings and unethical conduct, he might even laugh at ridiculous it is, at how untouchable they are no matter what they do.
I know the tide will turn on this situation, it always has when things are patently unjust. They won't be able to stay this way. Remember, the arc of the moral universe is long but it bends towards justice - Martin Luther King.
"...why play the heavy guy?" because you care about right & wrong, you care about other people, you care about your country, it's your job, etc
i appreciate your thoughtful analysis. perhaps a life time appointment to the bench should be reevaluated. change in this democracy is almost impossible unfortunately