Thanks for all of this analysis. Very helpful. With regard to Alito, what do you make of Rep. Jamie Raskin’s opinion piece in today’s NYT arguing that Congress can and should take action on recusal?
Yes. I read it and I’d like Joyce’ take on it. I have so much respect for Jamie Raskin. I don’t think he’ll let go of this; especially because he’s taught Constitutional law for 25 years
Valere, I hope you will forgive this comment, but twice now I've seen you say "brava" to a male person. It should be "bravo". Brava is for females. It's something I learned studying Latin, way back.
Oh my, no I do not mind that correction at all. I know that’s how I should speak about the masculine and feminine, and I know how to say that at the opera - one of my friends was a mezzo soprano at La Scala (I was a country girl hick who worked with her husband) and she taught me my ‘do’s and dont’s.’
Please never fail to correct me. I do know the difference, very tired, no excuses. Thank you. And we can never have enough eyes on what we write:) More eyes are always better, so yay team Joyce, yay Susan! You were so gracious in making those comment it reminds me that I’m not always so careful. Thank you:)
I’m a fixer, like Michael Cohen (ha ha). I’ve also worked with teams of writers and collaborated on research projects where ‘more eyes are better’ so I’m always happy to be put on the right path. I can also tell when people are just sniping for no reason other than to make one wrong. I just thought Susan was so sweet to tell me she noticed I kept using ‘brava’ for a male:) i’m not so careful when I write here because sometimes I just dictate on my cell phone:)
I’m reading the jury instructions at the moment. I am so impressed with Judge Merchan and his carefulness to not have bias, or show bias and to encourage the jury to follow that example. He truly honors his responsibility.
I know that Professor Ruth Ben-Ghiat and WaPo's Jennifer Rubin were interviewed on MSNBC, where Ben-Ghiat also wrote an article. Jennifer Rubin said that Senator Dick Durbin, chair of the judiciary committee is not doing his job. He should be starting impeachment investigations, and at the very least finally implementing the rules for conduct that his committee has drafted. Here is a link.
I have been writing to Dick Durbin daily of late to ask him to start impeachment investigations against both Alito and Thomas. I have written this to him before, but now I do it every day. I am both a constituent of his state and a member of Democrats Abroad Germany where I am active in getting people to vote. Many only vote in presidential elections, but I knew others whose area is Illinois. I have told him if he is afraid to take it on, he should step down from the committee and let someone else take his place. He wrote me back yesterday, saying yada, yada, yada. It was a list of what he was done, and then he put the responsibility for ethics on Chief Justice John Roberts. I responded immediately with since it is obvious that Roberts is raking in money through his wife too, he is not the one who will do this, and it remains on Dick Durbin's shoulders to get things going. I will be writing him again today, just like I wrote every day to my governor once there was a vaccine and the elderly were getting vaccines, to have the covid vaccine made available to 16-19 year olds who were still in school so they could go back. If you would like to contact Dick Durbin, here is a link to contact him. I choose "other" as my category. https://www.durbin.senate.gov/contact/
I am impressed with your diligence and persistance. I’m hoping The People will be fed up enough in the next months to flood SCOTUS with phone calls, letters, petitions (handwritten, and hand-carried because online petitions are basically worthless), and that we organize a major march against the conservative section that has been influenced by the right wing Christian nationalist evangelicals. They are glaringly, shamelessly biased. And if we continue with them, we will be back to living as did Galileo in house arrest in the 17th Century inquisition by the Roman Catholic Church (‘you must recant and acknowledge that the earth is the center of the universe or the Pope will order you to the nut crusher’). The intent of this threat reached Descartes in Paris as well (‘no free thought allowed here, absolutely no metaphysics, and you probably should acknowledge the earth is flat’). Or we will resemble 1979 in Iran with our very own Ayatollah, or we will have a government that is some combination of both of these options, which is what the Supreme Court is driving towards. That is the mindset of the conservative members of SCOTUS who have turned the Supreme Court into a pretend court. So what to do about it? We need to not be afraid of them for a single minute and we need to confront them at every turn. Now we know that Ginny Thomas and Mrs. Alito are simply the mice for their husbands. Alito would run those flags up the flagpole himself if he thought he could get away with it. But he can’t, so he simply leaves notes on the kitchen counter to remind Mrs. Alito to not forget to put the flag out.Don’t believe for a minute that Ginny Thomas was not informing Clarence of her every move, whether through a report on her text messages to Mark Meadows or her visits in person to the White House: she discussed it all with him. The truth is, she wouldn’t have gotten her toe in the door if she hadn’t been married to him. Thank you for your most impressive tenacity and reaching out to Durbin. I’m thinking that he’s probably sending canned replies from an intern. But if enough of us pile on to send our messages, count those messages every day. I’m wondering if we should send copies to every member of the judiciary committee?
Thanks Linda. What is most disturbing to me is they are full on obliging the right wing Christian nationalistEvangelicals and not even attempting to hide their bias in their decisions. They have inserted their brand of Christianity into the constitution
Hi Valerie, I assume Durbin is sending canned replies from someone, but I also know they need to keep a tally of the issues. I have had friends do such jobs. In fact, one wrote letters for the celebrity he worked for. Still data is gathered. I have been envisioning Hitler and Mussolini. Hitler apparently learned from and followed Mussolini, the father of modern day fascism and now Putin is following Hitler, with Trump goose stepping behind him. I believe that Trump plans to round up and put lots of people into camps, and that is not going to be the end of it. I assume there is a mass slaughter planned, with Abbott already testing the waters so to speak. There has been little press coverage, and the only outrage I have seen at the borders is the MAGAs who have gone there to stem the tide of millions flowing over the border which they did not see.
I do not trust a word any of them says about their wives, because we know these are homes where women have subscribed to every other woman in the country being subservient to men, and I cannot imagine Mrs. Alito is otherwise. I like that Robert Hubbell shared an analogy that someone made, that if Alito's wife had run a flag with a swastika while he was hearing a case against someone who was accused of Antisemitism, then either he should understand that he would not be trusted, and he should understand the symbolism. I think a Christian nationalist flag is Antisemitic as well, as well as anti any other religion and we cannot believe that these people who wear their religion on their sleeves and through their decision making are impartial in their roles in the Supreme Court. Maybe to the 11 Senate Dems on the committee, but I would not waste my time on the Republicans. https://www.judiciary.senate.gov/
I am looking at the Republican lineup of 10 cretins and I would not say a word to them, just against them.
I’m sorry, but I have looked all over The Constitution, particularly Article III, I don’t see anything that gives a Supreme Court Justice life tenure. Where is this exactly?
It doesn't, literally. It gives them tenure for "good behavior." The problem is that any REMOVAL for lack of good behavior requires impeachment. That pretty much adds up to life.
Thank you, Susan! So that gives those of us who are not lawyers an outline of a game plan for the next four iterations of the blue presidency we must elect (from 2025 forward) and the blue bicameral that we must have to impeach. Overwhelmingly defeat him on November 5, 2024. Support Joe Biden to expand the Supreme Court.
Is it (life term) a hidebound tradition that should be wrested from its high altar? I say, if so, it is time to bring it down. The Constitution is a living document, and we are all living human documents. Vision and revision are all our democratic tasks.
“Living human documents” is a phrase from Anton Boisen, a founder of the Clinical Pastoral education movement, training clergy to be chaplains, using writing reflectively about encounters with severely ill patients, studying human situations as hermeneutics is the study of sacred texts.
What if “good behavior” was interpreted to mean what it says, by looking at how the body politic, ie the nation reacts to recent majority decisions. Dobbs and dragging their feet on immunity have definitely been destabilizing.
Yes, I have read those words, they are my point. Where are all those who call themselves textualists telling us that this text means what the words mean?
And in what universe is Alito's and Thomas' acceptance of bribes and public exhibition of bias, considered "good behaviour"? Their actions reek of corruption and arrogance.
Ruskin is wonderful. I'm saying, one of the best guys in the House (Raskin) couldn't get a resolution in favor of motherhood through Kiddieland because it is so fucked up so long as the MAGAts are running it.
I think Rep. Jamie Raskin is a great American and I am grateful for his continued fight for justice...for freedom and for the preservation of the great and good ideals many Americans continue to work towards. We need to listen to him and follow his lead!
According to Raskin's Opinion piece, it will only take the DOJ to bring the law to the attention of the Supremes; not a congressional action. Funny - you would think the Supremes would know the law about recusal. Oh, pshaw - I'll be they do; they just choose to ignore it.
YES! We must keep the dangers of the Supreme Court in front everyone so they can’t continue to mess up our lives.
ALSO: If Trump is found guilty, and I was Judge M, I would give Trump a 2 year suspended sentence. The condition would be that he admit that he was found in guilty in a fair trial and that he refrain from saying anything negative about the entire US system of justice. No complaining about any of his legal problems. If he trashes on any, judge, jury, prosecutor, court clerk, or FBI, he will go to jail. It’s up to him to restrain himself.
But, only if he drops out of the Presidential race immediately. Keeping his mouth shut about the entire judiciary won't help the U.S. if (bite my tongue) he wins in November.
He is unable to refrain himself from anything as he thinks he is always right. Has no sense of decorum. Is just like the little boy who screams and screams until he gets his way. He has no reasonable chance of doing what is right. He is very used to getting his way like a very spoiled child.
Trump is incorrigible & always has been. That's why his parents sent him away to military school. They couldn't control him either.
Every time I hear some Trump supporter telling a reporter how wonderful Trump is, I think of Trump's former Chief of Staff, John Kelly's quote: "Donald Trump is the most flawed person I have ever known." The thought of this "flawed person" having access to our nuclear codes is terrifying!
That isn't true, Bryan. I was a court clerk in NY felony court for 10 years and never heard of such a thing. The defendants who are out on bail remain so until a verdict is reached.
Before I fell asleep last night, with a big smile on my face, I imagined even a 30 day sentence would send pumpkin over the edge. He literally wouldn't last 30. Good enough for me! Next!
With all the SCOTUS talk, why does John Roberts role as CJ never come up? Why is he silent? What is he hiding, or protecting?
Why do we always take so long to act that it's too late to get justice?
Roberts is also a big member of the “the rich should rule America” group. He is the one who brought us Citizens United, and declared that money is free speech. I’m sure he has been well paid for that.
I wrote to my congresswoman today ti ask her to draft articles of impeachment against Alito and Thomas. She's not that bold but at least she's got my opinion.
Did you happen to see the Opinion article in the NYTimes today written by Jamie Raskin. He presented a convincing article that, if the affected Justices, Thomas and Alito, fail to recuse themselves voluntarily, the remaining unaffected justices have a burden to move to require their recusal. He cites the Constitution, law, and previous cases. And it’s not as ask, it’s a requirement that the 7 Justices can lay on the other two.
Thanks Joyce, no matter what the verdict our system is still upheld as fragile as it may actually be. Justice Alito could not be more, perhaps only exceeded by Justice Thomas. If Dante was alive today he would add an extra ring in the underworld for them and some notable others.
Joyce, this was a wonderful clarification for what has a been a complicated case. If the Substack could give you an Oscar they would. All the Substacks would vote you ‘The Best.’
And while, it’s not my Oscar speech to make, I would like to thank Judge Merchan, Alvin Bragg and his brilliant, hard-working and ethical team; and I would like to thank New York because without New York we wouldn’t have squat so far, brave, brave brave New York (I 🩷New York, I’m even forgiving the taxi drivers), the prosecution witnesses, who raised their hands and showed up because except for one (Pecker who worked a deal to stay out of trouble himself) wanted Trump to have accountability. Pecker did tell the truth, but he was in a wedge to testify otherwise he would not have. And no matter how they rule, it took bravery for the jury to serve. So the Oscar goes to Joyce for being so patient with us and for always letting us know we live in a country governed by the rule of law. We can’t decide how the law runs. And finally, thank you to Robert DeNiro and his team, who showed up to tell the TRUTH to the MSM. All so brave. So proud of New York tonight😍
Hear! Hear! You are right to thank everyone involved in bringing this case to the fore. Everything that could be done, evidence presented, witnesses presented and summations done well, was done so now turn it over. The will of the jury will be done. While waiting is never fun, at least none of us is in trump’s headspace now. I am imagining the squirrels are running loose there at this point.
As for Alito, the man is an arrogant snot. He, Thomas and probably Kavanaugh are complete, soulless sell-outs. Asking them to recuse is like asking the Devil to leave Hell. He likes it there and these three are quite happy where they are, betraying our country from their untouchable positions t the highest court in the land.
I was hoping someone else would catch this - thank you, Joyce! "Justice Alito has no problem telling American women they lack the right to make decisions about their own bodies and health. But apparently, he can’t tell his wife to take down a flag that calls the integrity of his decisions on the Supreme Court into question." https://apnews.com/article/alito-flag-supreme-court-roberts-justice-senate-e53c1d1fef7b81f9dc87fa31b1622c4c "...calling her an independently-minded private citizen, Alito wrote, “She makes her own decisions and I honor her right to do so.”
If I were married to him, I'd be more than an independently minded private citizen. I'd be throwing him out the door for throwing her under the bus. Twice.
Dianne, she clearly gets something from staying with him. I have no idea what it is because listening to Alito's comments in SC hearings, I find him boorish, rude, and beyond pompous. I get the feeling he listens to no one and thinks he is superior to everyone, not qualities one would want for a justice on our highest court!
Susan, I am not sure, though because the flags were up more than one day and he easily could have removed them himself. I am trying to think of Alito in some kind of positive way, but it is just not happening. I know nothing of his wife, but I have seen what he is like, and the flags would have fallen perfectly within the range of his ignoring our Constitution whenever it suits him.
Yepper Jennifer: he forgot a word or two - maybe more. So I provided some edits for him: “She makes her own ill-thought-out and very poor decisions, and while I’m still sitting on my lifetime appointment to the highest court in the land, making major decisions that impact the entire citizenry of the United States, I cannot seem to get it to register with her that her comments and her flags are inappropriate (because of my higher than the Lord status).”
There, Jennifer, I didn’t mean to co-opt your statement.
Let’s impeach him after we reelect Joe in a landslide and elect a Blue bicameral Congress in a landslide, and even if we don’t get the 2/3 vote, we need in the Senate side. We still go ahead and write those impeachment papers and let him know what we’re coming at him with for the next two or three cycles however, long it takes. Impeach him so his entire history shows that he was impeached and not wanted. He thinks he is above the law
He says the other branches of government have no power over him. Next year pass a bill that reduces his salary. Any justice that has served more than 18 years. That is Thomas, Roberts and Alito.
I don’t think that’s the case at all. They’re a Jenny and Clarence duo. He probably leaves in the morning and says “don’t forget to put the flag out, honey.”
All the GOP flying monkeys are in on the conspiracy theory the Judge gave instructions to the jury that are favorable towards conviction. What has this country become that no one can tell what is truth or a lie? Thanks Fox News. At least I am getting pleasure out of knowing trump is stuck in the courthouse while deliberations are going on. Would hate to be the person who has to stay near him. LOL
Always so clarifying, Joyce. And such a good reminder. It doesn’t matter what people think about Biden, his age, his foreign policy, or whatever.
(I spent some time this weekend looking at some of the stuff my grandkids consume on TikTok. My God!! Both kids in that part of the family detest Trump but they have an image of Biden made up of fragmentary video clips and impassioned rantings of sincere- sounding young people who have no idea what they are talking about. They think he’s a weak and bumbling genocidal fool. They say they won’t vote for either of them.)
I admire and respect Biden, but I’d vote for him even if TikTok Joe was an accurate depiction. This election is about the future of the Court, the rule of law, women’s rights and the rights of all Americans to live their lives free of the fundamentalist religious imperatives that guide a scant 30% of us. Christian nationalism is their goal and they aren’t going to stop — well, maybe ever — but we won’t be able to contain the damage until we get a chance to undo what McConnell and Trump did to the Supreme Court and that Leonard Leo and his ilk have been conspiring to accomplish for years and years.
Have you seen the teaching principles that Florida teachers are being bribed to be trained in? Judd Legum at Public Information has it. Chilling. And the folks at Pro Pro Publica are doing top notch work on Leo.
Shame in the NY legislators for their jury instruction law(a). I have been on jury duty over six times & in Los Angeles County, we always had access, i.e. a copy, to the judge’s instructions!
Just to be clear about the three "unlawful means" the state has been allowed to offer the jury in connection with the necessary predicate crime (conspiracy to promote or prevent an election by "unlawful means") --- a juror can decide the state made a stronger case for one or another of the "unlawful means." They don't have to actually write down their choice and submit it to the foreman. The choices are simply food for deliberation. Unanimity has to come in agreement that the falsification of records was in furtherance of the conspiracy (for a conviction on any of the 34 counts), not in what the "unlawful means" is.
“Justice Alito has no problem telling American women they lack the right to make decisions about their own bodies and health. But apparently, he can’t tell his wife to take down a flag that calls the integrity of his decisions on the Supreme Court into question.” A great example, but by a long shot not an isolated one, of Mr. Alito being ridiculous.
Wlliam Rappaport, it’s too bad that Mrs. Alito is probably too old to conceive a child. If she could, she might tell her husband where to stick if he plans to vote to outlaw contraception.
I loved the response that Ethics Professor Kathleen Clark gave on PBS Newshour tonight to Alito's letter today, excellent! Sh e said it's not a women's rights 1st Amendment issue; it's what is written in the Ethics Code of Conduct for Judges, that you shall act in a way that demonstrates you are impartial. https://www.pbs.org/video/supreme-court-ethics-1687384836/
Thanks for all of this analysis. Very helpful. With regard to Alito, what do you make of Rep. Jamie Raskin’s opinion piece in today’s NYT arguing that Congress can and should take action on recusal?
Yes. I read it and I’d like Joyce’ take on it. I have so much respect for Jamie Raskin. I don’t think he’ll let go of this; especially because he’s taught Constitutional law for 25 years
I read it! Bravo Jamie!
Apologies everyone, ‘bravo’ Jamie!
Valere, I hope you will forgive this comment, but twice now I've seen you say "brava" to a male person. It should be "bravo". Brava is for females. It's something I learned studying Latin, way back.
Oh my, no I do not mind that correction at all. I know that’s how I should speak about the masculine and feminine, and I know how to say that at the opera - one of my friends was a mezzo soprano at La Scala (I was a country girl hick who worked with her husband) and she taught me my ‘do’s and dont’s.’
Please never fail to correct me. I do know the difference, very tired, no excuses. Thank you. And we can never have enough eyes on what we write:) More eyes are always better, so yay team Joyce, yay Susan! You were so gracious in making those comment it reminds me that I’m not always so careful. Thank you:)
💙
Thank you, Valere!
Brava Susan!
Thank you for a good laugh, Valere. I think spell check made me misspell your name, but I've fixed it. 😇
Valere, you are a class act!
I’m a fixer, like Michael Cohen (ha ha). I’ve also worked with teams of writers and collaborated on research projects where ‘more eyes are better’ so I’m always happy to be put on the right path. I can also tell when people are just sniping for no reason other than to make one wrong. I just thought Susan was so sweet to tell me she noticed I kept using ‘brava’ for a male:) i’m not so careful when I write here because sometimes I just dictate on my cell phone:)
I’m reading the jury instructions at the moment. I am so impressed with Judge Merchan and his carefulness to not have bias, or show bias and to encourage the jury to follow that example. He truly honors his responsibility.
I think he is using great care not to give Trump any cause to appeal his conviction.
Fixed it:) 🤗
I know that Professor Ruth Ben-Ghiat and WaPo's Jennifer Rubin were interviewed on MSNBC, where Ben-Ghiat also wrote an article. Jennifer Rubin said that Senator Dick Durbin, chair of the judiciary committee is not doing his job. He should be starting impeachment investigations, and at the very least finally implementing the rules for conduct that his committee has drafted. Here is a link.
https://www.msnbc.com/opinion/msnbc-opinion/trump-authoritarianism-american-denial-2024-rcna153962
I have been writing to Dick Durbin daily of late to ask him to start impeachment investigations against both Alito and Thomas. I have written this to him before, but now I do it every day. I am both a constituent of his state and a member of Democrats Abroad Germany where I am active in getting people to vote. Many only vote in presidential elections, but I knew others whose area is Illinois. I have told him if he is afraid to take it on, he should step down from the committee and let someone else take his place. He wrote me back yesterday, saying yada, yada, yada. It was a list of what he was done, and then he put the responsibility for ethics on Chief Justice John Roberts. I responded immediately with since it is obvious that Roberts is raking in money through his wife too, he is not the one who will do this, and it remains on Dick Durbin's shoulders to get things going. I will be writing him again today, just like I wrote every day to my governor once there was a vaccine and the elderly were getting vaccines, to have the covid vaccine made available to 16-19 year olds who were still in school so they could go back. If you would like to contact Dick Durbin, here is a link to contact him. I choose "other" as my category. https://www.durbin.senate.gov/contact/
Thank you, just contacted him as well.
I have also written to Durbin this morning. Thank you for the link!
I wrote to Dick 'Do Nothing" Durbin last week.The promised Reply has not arrived yet.
Linda,
I am impressed with your diligence and persistance. I’m hoping The People will be fed up enough in the next months to flood SCOTUS with phone calls, letters, petitions (handwritten, and hand-carried because online petitions are basically worthless), and that we organize a major march against the conservative section that has been influenced by the right wing Christian nationalist evangelicals. They are glaringly, shamelessly biased. And if we continue with them, we will be back to living as did Galileo in house arrest in the 17th Century inquisition by the Roman Catholic Church (‘you must recant and acknowledge that the earth is the center of the universe or the Pope will order you to the nut crusher’). The intent of this threat reached Descartes in Paris as well (‘no free thought allowed here, absolutely no metaphysics, and you probably should acknowledge the earth is flat’). Or we will resemble 1979 in Iran with our very own Ayatollah, or we will have a government that is some combination of both of these options, which is what the Supreme Court is driving towards. That is the mindset of the conservative members of SCOTUS who have turned the Supreme Court into a pretend court. So what to do about it? We need to not be afraid of them for a single minute and we need to confront them at every turn. Now we know that Ginny Thomas and Mrs. Alito are simply the mice for their husbands. Alito would run those flags up the flagpole himself if he thought he could get away with it. But he can’t, so he simply leaves notes on the kitchen counter to remind Mrs. Alito to not forget to put the flag out.Don’t believe for a minute that Ginny Thomas was not informing Clarence of her every move, whether through a report on her text messages to Mark Meadows or her visits in person to the White House: she discussed it all with him. The truth is, she wouldn’t have gotten her toe in the door if she hadn’t been married to him. Thank you for your most impressive tenacity and reaching out to Durbin. I’m thinking that he’s probably sending canned replies from an intern. But if enough of us pile on to send our messages, count those messages every day. I’m wondering if we should send copies to every member of the judiciary committee?
Thanks Linda. What is most disturbing to me is they are full on obliging the right wing Christian nationalistEvangelicals and not even attempting to hide their bias in their decisions. They have inserted their brand of Christianity into the constitution
IMHO Ginny Thomas was informing Clarence of HIS every move, also.
Just my impression of the two personalities. She's the headstrong do it my way type and he seems comfortable with a passive 'yes dear'.
Hi Valerie, I assume Durbin is sending canned replies from someone, but I also know they need to keep a tally of the issues. I have had friends do such jobs. In fact, one wrote letters for the celebrity he worked for. Still data is gathered. I have been envisioning Hitler and Mussolini. Hitler apparently learned from and followed Mussolini, the father of modern day fascism and now Putin is following Hitler, with Trump goose stepping behind him. I believe that Trump plans to round up and put lots of people into camps, and that is not going to be the end of it. I assume there is a mass slaughter planned, with Abbott already testing the waters so to speak. There has been little press coverage, and the only outrage I have seen at the borders is the MAGAs who have gone there to stem the tide of millions flowing over the border which they did not see.
I do not trust a word any of them says about their wives, because we know these are homes where women have subscribed to every other woman in the country being subservient to men, and I cannot imagine Mrs. Alito is otherwise. I like that Robert Hubbell shared an analogy that someone made, that if Alito's wife had run a flag with a swastika while he was hearing a case against someone who was accused of Antisemitism, then either he should understand that he would not be trusted, and he should understand the symbolism. I think a Christian nationalist flag is Antisemitic as well, as well as anti any other religion and we cannot believe that these people who wear their religion on their sleeves and through their decision making are impartial in their roles in the Supreme Court. Maybe to the 11 Senate Dems on the committee, but I would not waste my time on the Republicans. https://www.judiciary.senate.gov/
I am looking at the Republican lineup of 10 cretins and I would not say a word to them, just against them.
When he stands to face the jury and is found guilty of all charges, President Fartinanado will let a big one rip.
I’m sorry, but I have looked all over The Constitution, particularly Article III, I don’t see anything that gives a Supreme Court Justice life tenure. Where is this exactly?
It doesn't, literally. It gives them tenure for "good behavior." The problem is that any REMOVAL for lack of good behavior requires impeachment. That pretty much adds up to life.
Thank you, Susan! So that gives those of us who are not lawyers an outline of a game plan for the next four iterations of the blue presidency we must elect (from 2025 forward) and the blue bicameral that we must have to impeach. Overwhelmingly defeat him on November 5, 2024. Support Joe Biden to expand the Supreme Court.
We need one Supreme Court justice for every circuit. That seems fair enough.
Yes, that needs to be an ongoing rule.
Article III federal district court judges have that benefit also.
yep
Is it (life term) a hidebound tradition that should be wrested from its high altar? I say, if so, it is time to bring it down. The Constitution is a living document, and we are all living human documents. Vision and revision are all our democratic tasks.
“Living human documents” is a phrase from Anton Boisen, a founder of the Clinical Pastoral education movement, training clergy to be chaplains, using writing reflectively about encounters with severely ill patients, studying human situations as hermeneutics is the study of sacred texts.
Section 1 of Article III.
"The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior..."
I'm not one to parse the Constitution, but 'good behavior' is held to mean life tenure.
What if “good behavior” was interpreted to mean what it says, by looking at how the body politic, ie the nation reacts to recent majority decisions. Dobbs and dragging their feet on immunity have definitely been destabilizing.
Only if..
Yes, I have read those words, they are my point. Where are all those who call themselves textualists telling us that this text means what the words mean?
And in what universe is Alito's and Thomas' acceptance of bribes and public exhibition of bias, considered "good behaviour"? Their actions reek of corruption and arrogance.
Excellent question. I’m interested - I bet most of us are. Thank you in advance.
It doesn't matter. Raskin couldn't get a resolution saying they all like Scotch through Kiddieland.
It sounds like you’re saying Jamie Raskin is ineffective. Is that what you’re saying?
Ruskin is wonderful. I'm saying, one of the best guys in the House (Raskin) couldn't get a resolution in favor of motherhood through Kiddieland because it is so fucked up so long as the MAGAts are running it.
I completely agree.
Jamie Raskin is an American hero.
I guess not—you’re saying Congress is kiddieland. Sorry!
Lee R. Nackman,
I think Rep. Jamie Raskin is a great American and I am grateful for his continued fight for justice...for freedom and for the preservation of the great and good ideals many Americans continue to work towards. We need to listen to him and follow his lead!
According to Raskin's Opinion piece, it will only take the DOJ to bring the law to the attention of the Supremes; not a congressional action. Funny - you would think the Supremes would know the law about recusal. Oh, pshaw - I'll be they do; they just choose to ignore it.
I came here to ask the very same question.
I feel the justices do not want anyone making any decisions other than themselves.
The outcomes from SCOTUS have more often than not, contradicted the prevailing public opinion and the majority of voter's sentiments.
I read it. Federal statute and legal precedent back it up. I hope DOJ will enforce the law.
Thanks Lee -- I was just coming here to ask the same question!
YES! We must keep the dangers of the Supreme Court in front everyone so they can’t continue to mess up our lives.
ALSO: If Trump is found guilty, and I was Judge M, I would give Trump a 2 year suspended sentence. The condition would be that he admit that he was found in guilty in a fair trial and that he refrain from saying anything negative about the entire US system of justice. No complaining about any of his legal problems. If he trashes on any, judge, jury, prosecutor, court clerk, or FBI, he will go to jail. It’s up to him to restrain himself.
But, only if he drops out of the Presidential race immediately. Keeping his mouth shut about the entire judiciary won't help the U.S. if (bite my tongue) he wins in November.
Telling him to restrain himself would put him in jail in three days.
He is unable to refrain himself from anything as he thinks he is always right. Has no sense of decorum. Is just like the little boy who screams and screams until he gets his way. He has no reasonable chance of doing what is right. He is very used to getting his way like a very spoiled child.
Trump is incorrigible & always has been. That's why his parents sent him away to military school. They couldn't control him either.
Every time I hear some Trump supporter telling a reporter how wonderful Trump is, I think of Trump's former Chief of Staff, John Kelly's quote: "Donald Trump is the most flawed person I have ever known." The thought of this "flawed person" having access to our nuclear codes is terrifying!
Finally, a True Solution. The Rules Do Apply to Every (soon to be?) Felon.
Alan, my understanding is that under New York law, the Defendant spent last night in a "court holding" room where the tffg continued his manic rants.
That isn't true, Bryan. I was a court clerk in NY felony court for 10 years and never heard of such a thing. The defendants who are out on bail remain so until a verdict is reached.
They had him stay there overnight?!!
Truly Bryan??,
Before I fell asleep last night, with a big smile on my face, I imagined even a 30 day sentence would send pumpkin over the edge. He literally wouldn't last 30. Good enough for me! Next!
With all the SCOTUS talk, why does John Roberts role as CJ never come up? Why is he silent? What is he hiding, or protecting?
Why do we always take so long to act that it's too late to get justice?
Roberts is also a big member of the “the rich should rule America” group. He is the one who brought us Citizens United, and declared that money is free speech. I’m sure he has been well paid for that.
He won't spend a day in jail.
Oldandinthe way,
Trump will never admit he is guilty of any wrongdoing. Just ask his wives.
i’d give him one year in jail (to start the day the sentence is imposed) and two years supervised probation.
I wrote to my congresswoman today ti ask her to draft articles of impeachment against Alito and Thomas. She's not that bold but at least she's got my opinion.
One never knows who will arise when country is threatened....it could be her.
You're right! Good point.
We should ALL do that!
Did you happen to see the Opinion article in the NYTimes today written by Jamie Raskin. He presented a convincing article that, if the affected Justices, Thomas and Alito, fail to recuse themselves voluntarily, the remaining unaffected justices have a burden to move to require their recusal. He cites the Constitution, law, and previous cases. And it’s not as ask, it’s a requirement that the 7 Justices can lay on the other two.
Thank you, Verne.
I can't imagine what there're waiting for.
Thanks Joyce, no matter what the verdict our system is still upheld as fragile as it may actually be. Justice Alito could not be more, perhaps only exceeded by Justice Thomas. If Dante was alive today he would add an extra ring in the underworld for them and some notable others.
Forgot to add the word “vile” after “Justice Alito could not be more (vile)
Don't forget plotting and treasonous....
Joyce, this was a wonderful clarification for what has a been a complicated case. If the Substack could give you an Oscar they would. All the Substacks would vote you ‘The Best.’
And while, it’s not my Oscar speech to make, I would like to thank Judge Merchan, Alvin Bragg and his brilliant, hard-working and ethical team; and I would like to thank New York because without New York we wouldn’t have squat so far, brave, brave brave New York (I 🩷New York, I’m even forgiving the taxi drivers), the prosecution witnesses, who raised their hands and showed up because except for one (Pecker who worked a deal to stay out of trouble himself) wanted Trump to have accountability. Pecker did tell the truth, but he was in a wedge to testify otherwise he would not have. And no matter how they rule, it took bravery for the jury to serve. So the Oscar goes to Joyce for being so patient with us and for always letting us know we live in a country governed by the rule of law. We can’t decide how the law runs. And finally, thank you to Robert DeNiro and his team, who showed up to tell the TRUTH to the MSM. All so brave. So proud of New York tonight😍
Hear! Hear! You are right to thank everyone involved in bringing this case to the fore. Everything that could be done, evidence presented, witnesses presented and summations done well, was done so now turn it over. The will of the jury will be done. While waiting is never fun, at least none of us is in trump’s headspace now. I am imagining the squirrels are running loose there at this point.
As for Alito, the man is an arrogant snot. He, Thomas and probably Kavanaugh are complete, soulless sell-outs. Asking them to recuse is like asking the Devil to leave Hell. He likes it there and these three are quite happy where they are, betraying our country from their untouchable positions t the highest court in the land.
Exactly SPW. I would only add ‘previously untouchable positions.’ I smell blood in the water
I would love to think so.
All in favor for giving Joyce the most IMPORTANT Oscar for this year say aye!
I was hoping someone else would catch this - thank you, Joyce! "Justice Alito has no problem telling American women they lack the right to make decisions about their own bodies and health. But apparently, he can’t tell his wife to take down a flag that calls the integrity of his decisions on the Supreme Court into question." https://apnews.com/article/alito-flag-supreme-court-roberts-justice-senate-e53c1d1fef7b81f9dc87fa31b1622c4c "...calling her an independently-minded private citizen, Alito wrote, “She makes her own decisions and I honor her right to do so.”
If I were married to him, I'd be more than an independently minded private citizen. I'd be throwing him out the door for throwing her under the bus. Twice.
Dianne, she clearly gets something from staying with him. I have no idea what it is because listening to Alito's comments in SC hearings, I find him boorish, rude, and beyond pompous. I get the feeling he listens to no one and thinks he is superior to everyone, not qualities one would want for a justice on our highest court!
Or a husband for that matter. Yuck.
Yuck is the BEST way to say it!
They are a matched pair.
They deserve one another.
Judge Samuel Alito is a self righteous prig.
Maybe she did it to get him in trouble as her power play
Susan, I am not sure, though because the flags were up more than one day and he easily could have removed them himself. I am trying to think of Alito in some kind of positive way, but it is just not happening. I know nothing of his wife, but I have seen what he is like, and the flags would have fallen perfectly within the range of his ignoring our Constitution whenever it suits him.
She gets her power from him.
Yepper Jennifer: he forgot a word or two - maybe more. So I provided some edits for him: “She makes her own ill-thought-out and very poor decisions, and while I’m still sitting on my lifetime appointment to the highest court in the land, making major decisions that impact the entire citizenry of the United States, I cannot seem to get it to register with her that her comments and her flags are inappropriate (because of my higher than the Lord status).”
There, Jennifer, I didn’t mean to co-opt your statement.
The reason he can't get it to register with her is that he doesn't have the spine to stand up to her. IMO.
Let’s impeach him after we reelect Joe in a landslide and elect a Blue bicameral Congress in a landslide, and even if we don’t get the 2/3 vote, we need in the Senate side. We still go ahead and write those impeachment papers and let him know what we’re coming at him with for the next two or three cycles however, long it takes. Impeach him so his entire history shows that he was impeached and not wanted. He thinks he is above the law
He says the other branches of government have no power over him. Next year pass a bill that reduces his salary. Any justice that has served more than 18 years. That is Thomas, Roberts and Alito.
No, its that he agrees with her. He's a liar as well ad a partisan.
Bingo Suzy.
Thank you, suzc. What I realize now is that he has been trying to cover up his agreement.
Susan, They are colluding. She knows exactly what she’s doing and so does he. They are supporting one another
I don’t think that’s the case at all. They’re a Jenny and Clarence duo. He probably leaves in the morning and says “don’t forget to put the flag out, honey.”
lol - a lot of ego with both of them!
Some White Supremist! I guess we now know who wears the robe in the family and who wears the pants! /s
All the GOP flying monkeys are in on the conspiracy theory the Judge gave instructions to the jury that are favorable towards conviction. What has this country become that no one can tell what is truth or a lie? Thanks Fox News. At least I am getting pleasure out of knowing trump is stuck in the courthouse while deliberations are going on. Would hate to be the person who has to stay near him. LOL
Legally, it should be Fox Opinion, because their News reporting is not based on any facts known.
I like to continually call it Faux Entertainment.
Spot on Alan.
Alito and Thomas must go!
CITIZEN: My body, my choice!
ALITO: Nope.
MRS ALITO: If I wanna fly this flag, I'll do it.
ALITO: what ever you say, dear.
Smile emoji.
Always so clarifying, Joyce. And such a good reminder. It doesn’t matter what people think about Biden, his age, his foreign policy, or whatever.
(I spent some time this weekend looking at some of the stuff my grandkids consume on TikTok. My God!! Both kids in that part of the family detest Trump but they have an image of Biden made up of fragmentary video clips and impassioned rantings of sincere- sounding young people who have no idea what they are talking about. They think he’s a weak and bumbling genocidal fool. They say they won’t vote for either of them.)
I admire and respect Biden, but I’d vote for him even if TikTok Joe was an accurate depiction. This election is about the future of the Court, the rule of law, women’s rights and the rights of all Americans to live their lives free of the fundamentalist religious imperatives that guide a scant 30% of us. Christian nationalism is their goal and they aren’t going to stop — well, maybe ever — but we won’t be able to contain the damage until we get a chance to undo what McConnell and Trump did to the Supreme Court and that Leonard Leo and his ilk have been conspiring to accomplish for years and years.
Have you seen the teaching principles that Florida teachers are being bribed to be trained in? Judd Legum at Public Information has it. Chilling. And the folks at Pro Pro Publica are doing top notch work on Leo.
They indoctrination of Florida teachers is appalling! Teachers, veteran teachers, are squirming a lot. There will be retirements. That is not good.
Shame in the NY legislators for their jury instruction law(a). I have been on jury duty over six times & in Los Angeles County, we always had access, i.e. a copy, to the judge’s instructions!
Wondering how Trump will handle knowing his fate is in the hands of 12 civic minded jurors
He's not handling it well, going by the bullshit stream today on (Non)Truth (Anti)Social
He is feeling as helpless as Mother Theresa when she doubted the existence of God.
He invoked Mother Teresa in some inane comment today, seemingly putting himself on her level of innocence.
I doubt seriously that he even knows what "civic minded" means.
Meanwhile, I wonder if, instead of counting sheep (or cheeseburgers) tonight, he'll be counting ways to squirm out of this mess.
Freak out time.
Just to be clear about the three "unlawful means" the state has been allowed to offer the jury in connection with the necessary predicate crime (conspiracy to promote or prevent an election by "unlawful means") --- a juror can decide the state made a stronger case for one or another of the "unlawful means." They don't have to actually write down their choice and submit it to the foreman. The choices are simply food for deliberation. Unanimity has to come in agreement that the falsification of records was in furtherance of the conspiracy (for a conviction on any of the 34 counts), not in what the "unlawful means" is.
Dale, Thank you again for clarifying.
A saving grace/out for the jury. Thanks again, Dale.
“Justice Alito has no problem telling American women they lack the right to make decisions about their own bodies and health. But apparently, he can’t tell his wife to take down a flag that calls the integrity of his decisions on the Supreme Court into question.” A great example, but by a long shot not an isolated one, of Mr. Alito being ridiculous.
Wlliam Rappaport, it’s too bad that Mrs. Alito is probably too old to conceive a child. If she could, she might tell her husband where to stick if he plans to vote to outlaw contraception.
I loved the response that Ethics Professor Kathleen Clark gave on PBS Newshour tonight to Alito's letter today, excellent! Sh e said it's not a women's rights 1st Amendment issue; it's what is written in the Ethics Code of Conduct for Judges, that you shall act in a way that demonstrates you are impartial. https://www.pbs.org/video/supreme-court-ethics-1687384836/
The link goes to an older PBS Newshour story on Alito's unethical behavior.
Here's today's story: https://www.pbs.org/video/court-ethics-1717020294/
Sorry here it is https://www.pbs.org/newshour/show/alito-says-he-wont-recuse-himself-from-election-and-jan-6-cases-after-flag-controversies