486 Comments
User's avatar
Patris's avatar

You must be as exhausted as we all are, being human. Yet here you are. It’s one of the reasons, along with the analysis and insights I value you so highly

Expand full comment
David Piper's avatar

Agreed! Also, could Jack Smith just get on with it and indict the "co-conspirators" and those who conspired in the coup - like Ginni Thomas, Jim Jordan, Ted Cruz, Josh Hawley, and all the others?

Expand full comment
D.Allen's avatar

Especially, the co-conspirators, need indicting for spreading the lies, misleading their constituents, and being general a-holes. I’m so sick of all the pansy-ass politicians working so hard to spread the lies to the folks who elected them, while they present themselves as crusaders for justice. 😤☹️

Expand full comment
Steve O’Cally's avatar

Why even bother? A writ of habeas corpus intrudes on the core duties of the President to get criminals off the streets. Nice while it lasted, folks!

Expand full comment
Patris's avatar

It won’t stand.

Expand full comment
Marycat2021's avatar

What are you talking about? What does habeas corpus have top do with this?

Expand full comment
Steve O’Cally's avatar

Habeas corpus, apparently a liberal invention, is a declaration to the Executive that the court knows of a person detained thereby, and orders their appearance before the court to inquire if there is a lawful cause for detention.

It strikes at the core duties of the Executive, and now is unenforceable.

Expand full comment
Chris Hierholzer's avatar

Don't forget the speaker of the house.

Expand full comment
Dick Montagne's avatar

👏🏻👏🏻👏🏻👏🏻👍👍

Expand full comment
Dianne Loftus's avatar

Me, too. I always envy her law school students.

Expand full comment
SPW's avatar

Likewise.

Expand full comment
JOEL's avatar

I’d like to see 100 million people show up at rallies around the country to protest the Supreme Court’s most recent disgraceful, disgusting, detestable ruling. Let’s unite! Pick a day!

Expand full comment
Kathleen Weber's avatar

That day has already been selected. November 5.

Expand full comment
Dianne Loftus's avatar

Yay! If there aren't any rallies here, I'll drive to DC and sit on the SCOTUS steps --- and definitely peacefully.

Expand full comment
Kim's avatar

At least you could be sure that THIS president wouldn't shoot you for peacefully protesting.

Expand full comment
Robin Brenner's avatar

DIgnified! Like the Women's Marches.

Expand full comment
patricia's avatar

Which did what exactly ?

Expand full comment
patricia's avatar

No gun laws ,Roe gone, voting is still left to us.....sort of

Expand full comment
Robin Brenner's avatar

It served as a model of pulling off massive marches with dignity. Without disorder or violence. Agreed that it did nothing because we didn't keep it up. And no one and nothing was going to stop the venal minority, trump and his Magats from ruling over us, the majority. And we spent 3 years doing nothing but talk to ourselves.

Expand full comment
John D. Cooper's avatar

Excellent point, Kathleen. So said, let’s double down on GOTV!!

Expand full comment
Cliff Jackson's avatar

Yup, it’s all about GOTV, both in battleground states for the Presidency, and in all states at all office levels including school boards!

Expand full comment
ira lechner's avatar

And let’s have supportive rallies at each State Capitol on Labor Day? Rejuvenate the Nation! Get ready to rally the voters back home to Save Our Democracy by registering the unregistered (particularly younger voters) to support abortion and IVF! We can do it, can’t we? Indeed, we must do it!

Expand full comment
Gloria Horton-Young's avatar

It’s going to take more than that to rattle the iron-clad confidence of those Congressional incumbents smugly betting on re-election. Why not storm the streets? Why not roar in protest? Why not stand as a seething, united front?

Expand full comment
Kathleen Weber's avatar

I will definitely spend the next four years doing that if Trump is reelected. promise.

Expand full comment
Linda Weide's avatar

Agreed! Actually, we need a revolution if the court is doing what I think it is doing, which is gradually upping the temperature of decisions they are making. First Roe v. Wade, now this, and finally, they will hand the election to Trump after he does not win it on some spurious reason that everyone can see right through, as they thumb their noses at the American public. Just as with Gore, nothing was done and that enabled Bush to put some of these reactionaries on the court, with unpopularly elected Trump following up with more of these criminals masquerading as justices.

Expand full comment
Cliff Jackson's avatar

Yes, and Thomas and Alito not recusing from the immunity case is a crime on its own, IMO. Recusal is such a joke … absolute power corrupting absolutely is on full and unadulterated display in our “Supreme” Court.

Expand full comment
Jack Jordan's avatar

This SCOTUS decision provides a fairly good example of judges acting like common con men. Judges who change their methodology for addressing similar issues provide evidence that their "reasoning" is not legitimate, but merely a disingenuous and dishonest rationalization. Here, SCOTUS justices ignored some of the most obvious aspects of our Constitution and its context. The Founders were very concerned with people acting like Trump. They even specifically expressed concerns about and addressed methods of dealing with a president who abused his position and powers. The Founders repeatedly emphasized the vital importance of the ability to prosecute such people criminally.

Expand full comment
Shire Jansen's avatar

Change of methodology example 1;

Chief Justice Roberts four years ago, same plaintiff, same issue of Presidential Immunity but a different take on evidence. I think he should be held to the first decision.

The opinion he wrote in '20 tRump v Vance included this;

In our judicial system, “the public has a right to every man’s evidence.”1 Since the earliest days of the Republic, “every man” has included the President of the United States.

law.cornell.edu/supremecourt/text/19-635

Expand full comment
ira lechner's avatar

Roberts and 5 others declared that no evidence may be considered of the President’s intent or motivation in deciding whether the “act” was “official” or merely personal? That is lunacy by reference to the established rules of evidence and just plain common sense! Ridiculous and obviously intended to preserve the alleged President’s officialdom hell or high water? written to protect Trump in his establishing a quasi-dictatorship!!

Expand full comment
Shire Jansen's avatar

Agreed! IMO a few are potentially co conspirators in some acts (see Gohmert v. Pence for example) and should be prosecuted accordingly. They may have lifetime appointments but supposedly no one (certainly not their spouses) are above the law.

Expand full comment
SPW's avatar

Guess he just forgot this?

Expand full comment
Shire Jansen's avatar

I'd like AG Garland to remind him of it, since it was the Courts decision at the time of the additional crimes and subsequent investigations and warranted indictments. The new (shit) ruling should be considered to apply to future crimes, as it couldn't’t possibly be retroactive when so contrary to the previous decision, IMO.

Expand full comment
Cliff Jackson's avatar

Very well said. They, the Republican members of the Court (hate having to designate members that way), will say “consistency is the hobgoblin of small minds”, smirk, and congratulate themselves on taking bold action in a “Decision for the Ages”. My hope is that this “Decision” has less staying power than that of the Third Reich, which was supposed to stand for “the next thousand years”. But, we will have to beat the Electoral College to even have a chance to bring sanity and humility back to a Supreme Court that is drunk on its own arrogance.

Expand full comment
Marian Read Place's avatar

The conservative members of the court are originalists-when-convenient. The rest of the time, they are loose cannons.

Expand full comment
David Sea's avatar

The pre-planning of the return to election loser Trump the nuclear launch codes even prior to voting has been my greatest fear.

Can you imagine all the effort to GOTV, all the postcard writing, door knocking, etc, being a waste of time because 6 SCOTUS members already told Trump his election is "in the bag??"

You'd see him telling MAGA he "doesn’t need the votes" and rambling on about sharks and batteries while the Biden campaign busts their bottoms for nothing.

Expand full comment
Linda Weide's avatar

Not only that, but the Heritage Foundation is threatening that there will be blood shedding if we do not allow them to overthrow our government in a Right-wing Revolution. https://www.mediamatters.org/project-2025/heritage-foundation-president-celebrates-supreme-court-immunity-decision-we-are

Kevin Roberts of Project 2025 leadership is conflating mainstream American Democrats with "The Left!" This abuse of language is fascist propaganda and we should all be wary of it.

Expand full comment
Carol T Cox (NJ to VA to FL)'s avatar

I wouldn't have seen this if you hadn't posted it, Linda. It's appalling! Kevin Robert's last statement is truly chilling: "And so I come full circle on this response and just want to encourage you with some substance that we are in the process of the second American Revolution, which will remain bloodless if the left allows it to be."

Expand full comment
Robin Brenner's avatar

Yes! We've been letting this happen for over 40 years. Our leadership has been asleep at the wheel as the radical right took over state houses, governorships, the courts. We should have taken to the streets when Mitch detailed Garland's nomination. We're like the slow boiling of the frog. Isn't is time we do something dignified, peaceful, but big?

Expand full comment
Steve O’Cally's avatar

Hey, guess what TOMORROW is!

Expand full comment
Robin Brenner's avatar

Yes! And the so-called MAGA patriots will use it to their advantage while we eat hotdogs and have a day off.

Expand full comment
Robin Brenner's avatar

And we reasonable people don't have the guns! We need to show up, dignified and purposeful. Maybe even dead quiet, since we are mourning the loss of our democracy. In every city in this country. I don't care what Kevin Roberts says, but let's shed a very bright light on his saying these things. Light, a great disinfectant.

Expand full comment
Linda Weide's avatar

Absolutely. I think that is what Prof. Ruth Ben-Ghist says that we need to speak truth to our elected representatives. It is on my to do list today. I do not want to see my democratic senators, rep, or governor of Illinois waiver on backing Biden. https://lucid.substack.com/p/the-debate-and-the-firehose-of-falsehood

You should read what she says and look at the video links. The majority should prevail against the tyranny of the minority.

Expand full comment
Robin Brenner's avatar

I follow Ben-Ghist too. I agree. We've been too passive....and we don't like to get our hands dirty. We're fighting bullies. Bullies need us to fight back. Tyranny of the minority is what I've been saying for decades. Writing postcards won't cut it. I do believe the trumpers are feeding this fire and feeding those media outlets I used to trust. Selling papers and ads just seem to be more important to them then churning up MAGA chaos. I'm disappointed. And afraid!

Expand full comment
Robin Brenner's avatar

Just watched the Velshi segment. Thank you. There are only two people I follow, watch and trust now on MSNBC: Ali Velshi and Lawrence O'Donnell. Otherwise, I've been turning off all cable outlets except BBCAmerica (just so I know what's going on in the world). Mostly I'm following people like Ben-Ghist and reading a lot.

Expand full comment
Dianne Loftus's avatar

We should all wear black for our demonstration(s). After all, black IS a symbol for mourning.

The more I read these posts and Substacks, the more and more depressed, disappointed, afraid, and concerned I get.

Expand full comment
Victoria Wilson's avatar

Yes, a revolution in needed. I read Heather Cox Richardson's daily letter earlier this morning where she talks about our original revolution when the colonies broke apart from the King and Great Britain. Things then got to an irreparable level and I feel they are moving that way right now. We know Trump will never concede and with this current scotus group, they will declare him the victor, the king per se.

Expand full comment
Linda Weide's avatar

Yes. I had been talking to a friend yesterday about how we need a revolution in the USA if SCOTUS does what I see them doing, which is stealing the presidency for Trump. When I read HCR this morning I felt she was suggesting Revolution by reminding us of the reasons for one, as well as giving us a historical context for the upcoming July 4. My Democrats Abroad group is reading 24 articles from The Atlantic discussing the content of Project 2025, as preparation to read the Project and discuss it ourselves. I really think that besides making sure that Biden wins legitimately, everyone who does not want the constitution overthrown by SCOTUS of Trump needs to be thinking about what to do next to prepare for this possibility. It will be important to find out what the military will do, and what our allies will do. The Trump network is making the circuits of other countries and meeting with their right-wing parties whether or not they are in power, and encouraging them, and offering advice and support. Richard Grenell, Trump's former ambassador to Germany is doing this, and Steve Bannon is trying to bring his program The War Room to Germany and to organize the right wing party AfD to be even stronger. Again, I recommend Prof. Kathleen Belew's book, Bring the War Home: The White Power Movement and Paramilitary America. In it she discusses a meeting of White Power groups, which I think was right after the Oklahoma City bombing, where they decided that instead of being overtly against their governments, they would make themselves appear more mainstream and infiltrate from within, until they could take over their countries politically and then there would be war of White Nationalists to take over the planet, or at least all White dominant countries. It makes everything going on right now in the USA, Oceania, and Europe clearly part of this plan. It is the most frightening point of my life. I am not in the USA, though I will be in a couple of weeks, and I am frightened of how authoritarianism is taking over in so many places because they know how to manipulate with propaganda and violence, not because they are offering most people the lives they want to lead.

Expand full comment
Victoria Wilson's avatar

I thought the same thing about HCR’s letter of today with the talk of revolution.I think Russian AI and bots are also contributing to this Replace Biden narrative.Of course they and other authoritarian leaders would want Biden gone.I’m sure Putin’s mouth is watering right now at what is going on here in America.

Expand full comment
Linda Weide's avatar

I have been saying the same thing. In fact, I have to start calling them Russian Bots. It is absolutely Putin's training in fascist propaganda and manipulation from his days as both KGB and Stasi that give him a lot of strategies to work with the AI and other tech tools. People are so easy to manipulate and yet when my mom came to the states from Germany, everyone acted like she was a Nazi. She was born after Hitler came to power and not old enough to have a cause, but was not a Nazi. There was a lack of understanding of how the German people could have been so manipulated by the master manipulators Hitler and Goebbels, but now I am watching Americans fall for the same sorts of manipulations. That is so many people who supported Biden got spooked by the response of the Russian-Bot-like US press calling not for the fascist-convicted criminal to step down, but Biden the best president in my lifetime to step down. Putin is happy, although setting us up to end in Nuclear Holocaust is not great, or the more likely human Holocaust under the guise of dealing with the "immigrants" that I can see Trump enacting with his faithful vicious dogs like Abbott, DeSantis and more. I do feel it is unfortunate that Democrats in the US (Biden) and abroad (Scholz), are feeling pressure to take on the right-wing immigration agenda in part. See this article in Foreign Affairs. https://foreignpolicy.com/2024/06/28/far-right-populism-france-rn-le-pen-trump-united-states-modi-india-majoritarianism/

Expand full comment
SPW's avatar

Has anyone thought yet of organizing an underground?

Expand full comment
Susie in OH's avatar

I had a strong feeling, while witnessing the arguments on immunity, that Alito and Thomas had rehearsed their questions with Trump’s counsel. It was just so very phony in the way Alito would not ask questions on the actual case and instead say, “I don’t want to talk about that. I want to know blah blah blah” to set up a hypothetical that pointedly had to do with exactly what they already had conspired with Leo and others to do and indeed, did.

Expand full comment
Lori's avatar

Why not July 4th? Isn't this about freedom from tyranny?

Expand full comment
David Sea's avatar

This July 4th will be about irony.

Expand full comment
Dianne Loftus's avatar

And sadness.

Expand full comment
JOEL's avatar

THE

-No.

-One.

-Is.

-Above.

-The.

-Law.

MARCH!

WHEN:

Saturday July 13th and Sunday July 14th

WHERE:

- Personal residences of the 6 Supreme Court Justices who just made one of the most disgusting, disgraceful, detestable decisions in the history of the United States of America.

- And the National Mall in Washington, DC

No Kings or Queens in America!

Expand full comment
Rhonda's avatar

They (the Maga 6) are all off on vacation, and could care less what we little people do or say.

Expand full comment
Dianne Loftus's avatar

Except when Trump gives them their latest "instructions," the MAGA 6 are ALWAYS on vacation, even if they're physically in their DC offices.

Expand full comment
Rhonda's avatar

You're spot on about the MAGA 6 Dianne. They certainly do not deserve their salary since they barely work.

Expand full comment
Debi Wong's avatar

Apparently the 2 million woman march on 45 did not do a damn thing. Demonstrations will just provoke a militaristic response much like that of Kent State or worse Tiananmen Square under a new ex-45 administration. I am afraid his reign may eventually end violently because that is all he knows.

Expand full comment
Dianne Loftus's avatar

Google Neil Young's song "Ohio," which is about the Kent State massacre. Four students died, and others injured, at the hands of the Ohio National Guard, because they dared to have a demonstration.

Fast forward from 1970 to 2024 and multiply the hostility from MAGAs and Trump a couple of thousand times, throw in six members of SCROTUS who will be there until they take their last breath, add several "yes, man" judges, and this is what we'll have to face when we get together to protest.

The one thing we HAVE to remember is make these protests PEACEFUL. The consequences could be very, very dire.

Expand full comment
Trudy Stevens's avatar

Send me time and place. SCOTUS is too partisan and a few unethical to continue as is. Should start with impeaching, or whatever it takes, Thomas and Alito. Increase number on bench, establish meaningful and traceable ethics rules and provide retroactive term limits. I can dream can't I!

Expand full comment
Dianne Loftus's avatar

The late Rev. Martin Luther King, Jr., had a dream, and so must we. He was instrumental in getting both the Civil Rights Act and the Voting Right Acts passed so that all minorities could enjoy the same privileges as any other American. Had the "bad six" of our current SCOTUS been serving during that time in history, there's no doubt in my mind that his dreams and efforts could have been in vain.

It seems that every time Trump gets another "free pass" from the very judges who CLAIM that no one's above the law, things get worse.

Unfortunately, given the fact that this SCOTUS and their REFUSAL to accept democracy, or even give a shirt, we have to get busy and fight like HELL. There is no Option #2.

Expand full comment
Robin Brenner's avatar

Holy cow! I've been saying this since Dodd. And any protests must be dignified, like the Women's Marches all over the country. Yes! I'm ready! In every city across the nation!

Expand full comment
Patricia's avatar

No more marching, vote.

Expand full comment
Laura Hawkins's avatar

I’m concerned about the general stress level for intelligent, engaged citizens at this time. I am in Canada. I have close friends here who are all stressed to the max and it is not even our country. Assuming most following Joyce and so many others feel as horrified as we do - 4+ months more of living every day at this elevated stress level. Truly it must be having a devastating effect on everyone’s general well-being.

My intent is to be an emotional support Canadian. And I try to take a break from time to time. But each day seems to land more punches. I’m so sorry you are all going through this.

Expand full comment
Louise L.'s avatar

I love the term, “Emotional Support Canadian.”

Expand full comment
Steven Stratton's avatar

Is Canada accepting refugees? 😊

Expand full comment
SPW's avatar

If not, y’all had better get started on your “wall”.

Expand full comment
John D. Cooper's avatar

Well Laura, it is stress now or worse in January 2025. We must have friends and strategies (fortitude) to press forward for the next four months, at least.

And let’s be clear, whatever the election results there will continue to be a long, hard fought battle to save our country. The right has worked for decades to come to this moment. As we have seen with this term’s SCOTUS rulings the right is not going to waste their opportunity or go quieting into the history books.

Expand full comment
Janey's avatar

John's comment made me think of Ukraine. They have been fighting for their country for two and a half years. Physically fighting and dying. We haven't (except for the Capitol officers) had to physically fight, yet, but we've been resisting for nine years now, and I'm feeling a little beat down. It is still surreal that all this hoopla is about Donald Trump. Really?

Expand full comment
John D. Cooper's avatar

Well, it really is surreal. He is a master of keeping the focus on him. Regretfully, he has been hugely aided by right wing and main stream news sources that have unfairly and foolishly focusing on age rather than Trump’s criminal conduct.

Expand full comment
Susan Stone's avatar

I think it's really about what Putin is doing to all the suckers who are too afraid of trump (Putin's puppet), to stand up to him.

Expand full comment
lauriemcf's avatar

we all need an emotional support Canadian! Thank you, Laura

Expand full comment
Janet Gillis's avatar

As an 81 year old, my stress level has been high worrying about the future. I see years of progress and forward movement being threatened. Thank you for your emotional support.

Expand full comment
Reader/Writer's avatar

Half of my family is from Canada, some still there, and I had asked the same question. Seriously.

Expand full comment
sandiegoreader's avatar

Lucky you. I'm trying to figure out where and how to go.

Expand full comment
David Sea's avatar

I'm sure a LOT of countries are stressed to the max over who's next to be The Leader of the Free World.

Expand full comment
Molly's avatar

Well… France is apparently all of a sudden ahead of us.

Expand full comment
Susan Travis's avatar

💔❣️💙💙👏

Expand full comment
Democrat activist's avatar

The only way out of this quagmire is to add 3 or 4 more justices to the Supreme Court. If Biden or another Dem candidate wins, and Congress is won too, it should be the top priority. The very circumspect Melissa Murray said today that this current Supreme Court is now- “An existential threat to democracy.”

Expand full comment
Catheryn M Delorme's avatar

Stop kidding yourselves,it'll be Biden or the Nazis!

Expand full comment
Daniel Solomon's avatar

Register more Democrats to defeat the Nazis!

https://www.fieldteam6.org/

Expand full comment
Bill Katz's avatar

But you need issues that are popular to the people and border control is one such issue which we have failed at. I know I’ve said this repeatedly. But it’s the truth.

Expand full comment
Daniel Solomon's avatar

First the poster boy for employer sanctions for hiring illegals was Donald J. Trump who was fined by my agency for using Polish workers on his jobsires.

Second, even today Trump uses foreign temporary visa workers on his properties to displace locals.

Third, he was in the business of importing, among others models like his two wives who may/may not have entered the US under questionable circumstances. His current wife brought her communist parents to live with him, using "anchor" visas he condemns.

Fourth, Biden policies have resulted in the same volume at the border than when Trump was in office.

Fifth, Trump stopped the Congressional deal that was a fix to the problem.

And I can go on for a month. At one time I was a member of the BALCA (DOL board of alien certification appeals) board, and I also heard about 22 kinds of visa cases. The antidote to "economic" immigration is employer sanctions. If employers won't here them without documentation, they won't come.

Moreover many of the folk at the border were encouraged to come by right wing Republicans who vilify them after they get here. https://danielsolomon.substack.com/p/dos-caudillos

Expand full comment
Jen Andrews's avatar

Michael Steele said yesterday that part of the project 2025 plan is to add 4 more seats to the Court.

If we had the House and Senators with guts who'd end the filibuster, we could do it now.

Expand full comment
td12212's avatar

4 more....to win....

Expand full comment
Ellen's avatar

If that’s the case with Jack Smith, we should be looking at Weiss , Special Counsel who indicted Biden jr. Maybe that case should be thrown out as he may have been appointed illegally and the other Special Counsel who was charged with reviewing Bidens case. If you do one you’ve got to do all SPECIAL counsels( sorry for my spelling ) it’s late but thank you as always for gads of information

Hello to the chicks and your gorgeous dog🇺🇸Happy 4th

Expand full comment
LaurieOregon's avatar

If it's OK to do CRIME as an "official act," perhaps the reactionary Justices are also setting limits to ensure they won't be be prosecuted for filing false IRS, not paying IRS taxes due, taking bribes -aka "gratuities," enabling an attempted coup, lying to Congress, profiting from their office, etc. I wouldn't be surprised if we learn more unpleasant stuff about these six justices.

Expand full comment
Dianne Loftus's avatar

Laurie, what a thought-provoking comment! Before all is said and done, I'd pretty sure that this can of worms may explode any day now.

Expand full comment
Brigitte Doherty's avatar

I always assumed that the President only orders an action after White House lawyers determine if the act is legal and constitutional. If it is determined the action is not legal and constitutional, then I also assumed the action, if ordered and carried out, is deemed illegal and the President can be held accountable for it. How naive'!

Expand full comment
William Burke's avatar

I think your assumption was fine because that’s how normal citizens of this country would assume that legal business is conducted in the White House. But that’s the old days, pre-Trump. With Trump I think what we had in the legal staff of the White House were a clubby collection of federalist society ideologues, who looked for (and found) weaknesses in our constitutional fabric and then gave the orange nutjob the green light (or get fired). And down the road to perdition we went. When we finally put all this bullshit in our rearview mirrors, I hope somebody is keeping track of all of the changes we’re going to have to make to rehabilitate our reputation.

Expand full comment
Dianne Loftus's avatar

Brigette, you're not alone. The rules don't matter when it comes to the Faux King.

Expand full comment
Barbara B's avatar

No one ever has to take the advice of their lawyer. It might be foolish not tom but your lawyer is not your boss.

Expand full comment
Just Sayin''s avatar

It certainly SEEMS like all the evidence gathered by the House select committee on January 6 suggested that TFG's intent was to stay in office after he was defeated in the 2020 election. Is there nothing ILLEGAL about this? Has SCOTUS actually said that actions taken to subvert the will of the people in electing their leaders is covered by presidential immunity? Since when is subverting the electoral process part of even the "outer perimeter" of a president's official duty? What about NY's conviction of TFG for paying off a porn star? Actiions conceived and initiated before the 2020 election can somehow be covered by presidential immunity because he signed some checks written on company accounts while in office? Since when is "company business" part of his official duties? Much less payments supporting an illegal coverup action for personal behavior? God help us all if this is where American juris prudence is headed

Expand full comment
bruce glick's avatar

Thank you for this incisive comment. You cut right to the heart of the matter.

Expand full comment
Barbara B's avatar

It has said working with the Attorney General is covered. They have or soon will have punted all the rest back to DC Federal to examine. They will likely overrule any or most of anything she judges to be unofficial or presumptively immune but government can overcome that presumption by proving the making not immune will not constrain the executive too much --

Now interesting - deciding that many of those actions not being immune wouldn't constrain the executive too much since they are things it shouldn't be doing. That's one of the bases for Judge Chutkan's original working -- paraphrased: Forcing the executive to consider the legality of his actions might be considered a feature, not a bug!

Expand full comment
Barbara Ehrlich's avatar

Since Biden is now a king, can he instruct Garland to fire Cannon?

Expand full comment
Jen Andrews's avatar

Yes he can. I think it would have to go through Garland but he apparently can ignore that too.

I'm wondering if he's contemplating extreme measures like this that are so contrary to his traditionalist heart.

Expand full comment
Ellen's avatar

Biden now has all the powers trump will have if GD forbid he is elected. My feeling is that Biden should take this new power and do one official act. Reenact Roe vs Wade as an executive power. Or expand the Supreme Court or have Garland investigate Thomas and Alito for their involvement in Jan 6 and Kavanaugh for lying to congress for his nomination. One of these alone would get Biden the win, especially Roe

Expand full comment
Barbara B's avatar

Don't believe so. Removal of a federal judge is by impeachment. Judges are not executive branch officers.

Expand full comment
David Erickson's avatar

Joyce, what you are saying is that to overcome presumptive immunity. the government must demonstrate that the prosecution of a former president won't impair any future president's performance of official duties. How does prosecution of criminal behavior impair any future president's performance of official duties, unless those are also criminal acts?

Expand full comment
Happy Valley No More's avatar

Good question! The decision is written deliberately as convoluted gobble-gook so as to make it difficult to understand and apply. The “supremes” created gigantic holes for themselves to leap through should they need to. I think we ought to just ignore them and carry on with what we already know to be constitutional precedent.

The insurrectionists Thomas and his lovely wife should be in jail already.

Expand full comment
Debi Wong's avatar

More question, how much jurisdiction does the SCOTUS have over the NY fraud/hush money case? Interesting that ex-45 always speaks about states rights.

Expand full comment
Brigitte Doherty's avatar

Indeed. And actions that were carried out before he was president as well.

Expand full comment
Barbara B's avatar

I have been told that the issue is whether information about immune official acts were used as evidence.

Don't that anyone has done a competent review of evidence yet. I suspect Merchan has initiated one. If there were "official acts" but they had only presumptive immunity and then government can pierce that linen I suppose it could be used. I would say the Supreme Court has only specifically identified working with the Attorney General as a real core immune act. Though they present a pretty good cased that the President consulting with the Vice President about Executive Branch matters @ least is immune; I( think they might have decided that except for the feature that Trump's pressure on Pence concerned his role as President of the Senate In which role the President is not his boss. Do you remember when Pence thought he might have some legal exposure, he was claiming immunity through Congress's speech and debate clause.

Expand full comment
Steven Stratton's avatar

Joyce, can can the men and women of our nations, judiciary, federal and state take action against certain individuals of the Supreme Court for clear bias and accepting, and not revealing large donations?

It seems to me that the judges of the lower court must hold the Supreme Court to the same standards. Or, is that just a pipe dream?

Expand full comment
Dianne Loftus's avatar

I seem to be having that same pipe dream. Day by day, my pipe dreams are turning into nightmares.

I agree about holding SCOTUS to a higher standard. Over the years, I never thought a lot about them because I always thought that they'd have our best interest with every decision they made.

Fast forward to today, July 3, 2024, when my pipe dreams have gone away, and now I see very clearly just how crooked, selfish, unsuitable two-thirds of them really are. The other three are the exception to the rule, so they are chastised by their own Leader when they dare to disagree with their "co-workers."

Expand full comment
Steven Stratton's avatar

The arrogance of these men on the court is astounding

Expand full comment
Dianne Loftus's avatar

One of the problems is that they're not what I'd call "real men." Real men would not accept bribes or decide what a woman can do with her own body.

Real men wouldn't take advantage of never having to answer to anyone, no matter what they do --- or don't do. Arrogance IS the best description for these guys.

It's hard not to notice that the female Trump admirers aren't receiving such huge benefits. Who knows what that's about?

Expand full comment
Susan Stone's avatar

I love your take on this, Dianne. The first thing i thought of was our current president, who clearly IS a real man. Basically, the lack of honesty is what keeps those men from being "real men".

Expand full comment
Molly's avatar

The wives must have a helluva book club. Weird that the media is simply clueless behind their computers. Gumshoe reporting or do the wives of SCOTUS move thru the world in total secrecy and protection from accountability?

Expand full comment
Dianne Loftus's avatar

Except for Clarence's charming wife (I mean that with sarcasm), and Mrs. Flag, they make me think of the movie "The Stepford Wives." Little zombies lead by what WOULD be the most powerful of the powerful as members of SCROTUS. Unfortunately, their hubbies exceeded the allowable limits once they received blessings from their almighty master Trump.

Makes me wonder if it's their idea to keep a low profile, and how much accountability they should admit.

Expand full comment
Alyce's avatar

Can justices be dis-barred by the state of their license?

Expand full comment
Alyce's avatar

I know disbarment would not remove a justice from the court but it would be a conduit for disapproval by their legal communities!

Expand full comment
Cynthia Cromwell's avatar

Does the American Bar Association have any statement, position or taken any action on the Supreme Court’s failures?

Expand full comment
Dianne Loftus's avatar

Alyce, I'd also be interested in knowing that. It would serve them right if they did lose their license.

Expand full comment
Beth's avatar

Great question 😀

Expand full comment
Kris's avatar

Agree with the comment! Why can’t the committing of a crime waive immunity- much like the attorney/client privilege does not exist in a similar manner when conspiring or committing crimes. Seems like the SC (or the majority) has lots its collective common sense.

Expand full comment
Dianne Loftus's avatar

With the exception of The Good Trio, I'd say that their co-workers have collectively and mysteriously forgotten about the Constitution and the actual rights of the people, and they have definitely lost their collective sense of decency. Too bad we don't get to vote for The Supremes. Unfortunately, when the Constitution and Bill of Rights were written, I'm pretty sure those authors would never have expected such travesty and abuse by our own Supreme Court.

Expand full comment
Derek Smith's avatar

The Bad Sextet either believe the Bible is their guide, or a fat wallet is the goal. The Constitution is theirs to trample in this pursuit.

Expand full comment
Dianne Loftus's avatar

Unfortunately, I think they're more interested in a fat wallet that they already know will keep stuffed until the day they leave this earth. Every job I had before I retired REQUIRED me to do actual work, and I earned every penny that I got, after taxes, of course. I didn't get a lot, but at no point did I ever allow myself to stoop to such a disgustingly low standard as the Sextet has done.

Expand full comment
Barbara B's avatar

No immunity in the Bible unless. you want to call Jesus's sacrifice as a sin offering granting of immunity. @ that, it may be more like a complete pardon and expungement.

Expand full comment
Jen Andrews's avatar

I believe Jefferson and Madison were framers and had to live with the Marbury decision, which started this nonsense. The Court appropriating to itself powers the Constitution did not grant.

And here we are, 200 years later.

Expand full comment
Barbara B's avatar

The opinion specifically says you can't call an official act not immune just because it's illegal.

Expand full comment
Carrie Kaufman's avatar

I am immobile with grief. I can't even take solace in the experts anymore. Because the experts are just as flabbergasted as I am. And news about Biden keeps getting worse. Now Obama has worries. And there are too many (Bernie) people who won't vote for Harris. I feel like I've been fighting uphill and just saw a whole new army appear at the top.

Expand full comment
Jen Andrews's avatar

Please listen to Heather Cox Richardson on her fb video yesterday. She addresses this. She says she spent time with Biden in the last 6 weeks and he is fine. I was where you are and it helped.

Expand full comment
Carrie Kaufman's avatar

Thanks!

Expand full comment
Jason Orcamoon's avatar

Carrie, I have no input on who is leading Team Democracy. But if Team Democracy calls on me I will be there. As individuals we can get involved in many ways and I encourage you to do that. Robert Hubbell’s Today’s Edition Newsletter can give you many ideas on how to get involved.

Hope for the best, prepare for the worst and NEVER give up!

Expand full comment
Carrie Kaufman's avatar

Oh, I’m involved. I’m defeated. Wrote my second piece on Project 2025 today. I just don’t think it will do any good. https://carriekaufman.substack.com/p/project-2025-know-what-it-is-be-very

Expand full comment
Carrie Kaufman's avatar

I’ve been a journalist for way to long to have hope.

Expand full comment
Pat Hodge's avatar

Joyce, your comments last night and again tonight are masterful and give me the much needed clarity to hold on for one more day. Thank you.

Expand full comment
William (Bill) McGuire's avatar

I have to admit that I have basically gone silent since the God awful ruling from SCOTUS before they hightailed it out of town. Thanks for this one. I yield back my time.

Expand full comment
Cynthia Cromwell's avatar

We need to hear you.

Expand full comment