Tag Archives: SCOTUS

The Robbers…er…Roberts Court.

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Under Chief Justice Roberts, the highest court in the land has become the most corrupt and hyper partisan in history. Unencumbered by a code of ethics, two of its members have accepted gifts worth millions in exchange for their votes. Two of the majority were credibly accused of sexual misconduct. Most, if not all, of the ruling majority perjured themselves during Senate confirmation hearings. And, ruling in lockstep, the majority has all but destroyed any respect for the justice system and the rule of law, the cornerstones of our democracy.

This court of last resort for traitors, conmen, and fascists has robbed women of the right to control their own bodies. It has robbed minorities of federal protections making it more difficult for people of color to vote. It has robbed federal agencies of the power to regulate large corporations. It has prioritized corporations over people and billionaires over everyone else. And, based on a clear misinterpretation of the Second Amendment, it has consistently ruled in favor of guns over the lives of people, even those of children.

The court has sufficiently delayed trials involving Trump, so that he will likely escape justice for his many unconstitutional and treasonous acts. Behind the scenes, at least one of its members allegedly pressured wannabe Supreme Court justice Aileen Cannon into delaying and eventually dismissing the case against Trump for stealing and mishandling classified documents. And, ignoring the wisdom of our founders, the majority has actually proclaimed the orange-tinted felon immune from prosecution for any and all illegal actions while in office.

In effect, this once proud and respected institution has been transformed into a governmental branch of the fascist White Christian Nationalist Movement seemingly bent on turning our nation into a mirror of Putin’s Russia.

To call it a kangaroo court would be a grievous injustice to kangaroos! And if our Republic does somehow survive the next two years, this version of SCROTUS will be internationally reviled by historians for centuries.

America’s Great Character Test.

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Each 4th of July, we celebrate Independence Day, the day the Declaration of Independence was ratified by the Second Continental Congress. That act, of course, led to the Revolutionary War, our freedom from a tyrannical king and the world’s longest-lasting democratic experiment.

It was called an experiment by our nation’s founders because they were uncertain if our citizens could maintain it. Though the Constitution was written to “establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity,” the framers could not guarantee that it would last.

They were right to be worried.

Since the original Independence Day, our nation has faced a number of critical tests. Tests that have required character, courage, determination, luck and a great deal of our citizens’ blood. From its beginning, the Revolution was very much in doubt. Even after the defeat of British forces, we had to face them again in the War of 1812. Then came the Civil War, a war testing the founders’ original belief that “all men are created equal.”

World War II again put the future of our nation in doubt as it raised the question of whether or not we could defeat the cruelty of fascism.

Of course, we passed each and every test. But it remains to be determined if we can fend off fascism and tyranny from within.

Ironically, just prior to this Independence Day, our nation’s highest court has made the defense of liberty and democracy much more difficult. Following years of political division and challenges to the rule of law by former president Trump and his supporters, the court’s highly partisan MAGA majority ignored one of the founders’ most intensely held beliefs – that no man is above the rule of law. Their decision has not only delayed justice for Trump’s illegal activities. Should Trump be elected again, the court has given him immunity for “official acts” no matter how corrupt or cruel they may be.

We all know that Trump’s mindset has always been that of a narcissistic, sociopathic bully – one who was mentored by Roy Cohn, attorney to Sen. Joseph McCarthy and the New York Mafia. During his term in office, Trump was held partially in check by men of good conscience. Men like John Kelly, H.R. McMaster, Gen. Mark Milley, and, in the end, V.P. Mike Pence.

But, according to the Heritage Foundation’s Project 2025 and Trump’s Agenda 47, should Trump be re-elected, no one of good conscience will be anywhere near him. The entire executive branch, and virtually the entire government will be filled with tens of thousands of Trump loyalists. Unfettered by legal and ethical constraints, Trump will be free to do what bullies do – seize power and exact retribution on anyone and everyone he considers an enemy.

His enemies list is already quite long. And it’s growing. It includes anyone who dares to question his decisions and who makes negative statements about him.

So, this November, Americans will face another test that will determine the future of our democratic experiment – a character test. Will we choose a leader, such as Joe Biden, a man who has long proven to be of good character? A leader who, though you may or may not agree with his policies, believes in democracy to his core. A man who has accomplished much in his political career. Who led us out of the pandemic. Who helped put our economy back on firm footing. Who engineered a bipartisan infrastructure bill.

A leader whose policies have led to near full employment, record wage growth, and record stock markets. A man who has taken on some of the world’s greatest problems, such as wealth disparity and climate change. A man, who unlike Trump, stands for truth. A man who has never been divorced, who has never been convicted of a felony or defamation or sexual assault. A man who has never needed to pay hush money to women with whom he has had affairs. A man who has never created a fraudulent “university” or a fraudulent charity. A man who has never led an attack on our government and institutions.

Indeed, the biggest knock against him is his age and the fact that he botched a debate when overwhelmed by Trump’s avalanche of lies.

Or will we choose a lying, womanizing, false prophet and conman totally lacking in character? A man who is known to admire the world’s worst strongmen and who will undoubtedly emulate them. A man who sees our government as a personal piggy bank. A man who will try to turn the world order upside down by embracing our nation’s enemies and alienating our greatest allies.

But the decision isn’t just about the candidates’ character. It’s about yours.

The New Rule(s) Of Law.

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When SCOTUS pronounced George W. Bush president by ruling the Florida recount could not proceed, my faith in the court (and that of many other Americans) was shaken.

I was further horrified by the theft of a seat on the bench by Sen. McConnell’s refusal to hold a consent hearing on Merrick Garland’s nomination eleven months before the 2016 election. Of course, that hypocrisy was laid bare when McConnell rushed to confirm Amy Coney-Barrett mere weeks before the 2020 election. And I became further disillusioned with the court when the blatant corruption of Justices Thomas and Alito was revealed.

Given all this, it is not entirely surprising that the so-called originalists on the once “Supreme” Court have obviously attempted to return the nation to an earlier time when minorities and women were treated as second class citizens. How else can one explain the court’s decisions to gut the Voting Rights Act and to overturn Roe v. Wade?

What’s next?  A return to witch trials and the legalization of slavery?

Yet, as bad as those rulings are, their impact may be surpassed by the court’s decision to stack the legal deck in the federal cases against the treacherous former president. By agreeing to further delay Trump’s criminal trials in order to rule on his preposterous claim of immunity for inciting an insurrection, it appears that court’s Republican majority is trying to influence the outcome of the upcoming presidential election and offering Trump the possibility of pardoning himself for his crimes.

Moreover, the court has made it painfully obvious that there are multiple levels of justice in the United States: One standard of justice for the poor who cannot afford quality representation. A second standard of justice for citizens of modest means. A third for the wealthy and the powerful. A fourth for those who share ideologies with the court’s conservative majority. And a fifth for Donald J. Trump.

Indeed, the court and our system of justice have been so gravely diminished in the public’s view – the rule of law so corroded by recent decisions – that the very foundation of our nation may crumble.

Justice Delayed Is Justice Denied.

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In the United States, one of the accepted principles of our justice system is the right to a timely and fair trial. Yet that principle never seems to apply to Donald J. Trump.

Trump has long made it a practice to avoid prosecution through a seemingly never-ending series of delays and appeals – often based on tortured logic and preposterous claims. And, of course, he has resorted to the same tactic when faced with indictments on 91 criminal charges related to his attempted coup and his theft and mishandling of some of our nation’s most sensitive secrets.

In Florida, he has thus far managed to avoid trial for his refusal to return classified documents by continuing to manipulate the seemingly incompetent federal judge he appointed while in office.

In Georgia, when he seemingly ran out of avenues to delay accountability for trying to steal the state’s electoral votes, he created further delay by successfully putting the prosecution on trial over a romantic relationship that has absolutely no bearing on his own culpability.

And in Washington, D.C., he was given a reprieve from the impending trial over his actions on January 6 with the help of the rightwing majority of the Supreme Court. Perhaps the most partisan and unethical court in history decided to hear arguments over Trump’s claim that, having been president, he is immune from prosecution.

His attorneys would have us believe that he could have ordered Seal Team 6 to murder his political rival without consequence!

Of course, that is utter nonsense. But the rightwing justices, having refused Special Prosecutor Jack Smith’s request to rule on Trump’s immunity claim last December, and despite the Circuit Court of Appeals having ruled against Trump, decided to delay the pending trials by adding the immunity case to their court docket.

The result of that decision is of obvious benefit to the Insurrectionist-in-Chief since the ruling may not be announced until July! That means, even if SCOTUS denies the claim of immunity, the federal trials cannot be scheduled until a few months before the presidential election. Predictably, Trump will then argue that any such trials will constitute election interference, and if the rightwing justices adhere to form, they may well rule that the trials cannot be scheduled this year!

What happens then?

If voters are inclined to put the wannabe Putin-style dictator back into office, he will almost certainly pardon himself or order his hand-picked Attorney General to drop the cases altogether.

We cannot allow that to happen.

So, I propose the following: If SCOTUS rules that a president has complete immunity, President Biden should immediately order Seal Team 6 to arrest Trump and send him to Gitmo. He should then sign an executive order demanding that Justices Alito, Thomas, Roberts, Gorsuch, Kavanaugh and Coney-Barrett replace their black robes with attire more fitting to their legal acumen – clown suits.

Contempt Of Court.

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OPEN LETTER TO CHIEF JUSTICE ROBERTS:

In case you are blissfully unaware, a growing majority of Americans have lost faith in your court – the result of your “conservative” members being anything but conservative, engaged as they are in overturning decades of legal precedent. Your court continues to take fabricated cases dreamt up by anti-American rightwing ideologues – the most recent based on false information – to take away rights from American minorities and to legalize discrimination.

In doing so, your court seems to ignore the very preamble of the Constitution and creates a caste system in which the rich and powerful receive protections not afforded to those groups who need them most.

Further, as disgusting as it is to see your Catholic majority politicize the court in an attempt to force its religious views on others is the manner in which it’s done – in the dark of night as part of your shadow dockets or at the end of a session so your ethically-compromised “justices” can sneak back into their hidey holes (or some billionaire’s private jet) before the judgments are revealed.

At 77 years of age, I had long respected, even revered the Supreme Court. No longer! For your court, I, like a growing majority of Americans, have nothing but contempt.

Why A New Civil War Seems Inevitable.

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It seems the majority of Americans have viewed Marjorie Taylor-Greene’s call for a “national divorce” as laughable. But many of us who have been following the extreme right for the last several decades are not laughing. Both the rhetoric and actions of what can only be called the sedition caucus point to the near inevitability of a civil war led by many of the same people responsible for the January 6 insurrection.

Consider that some of the planners and cheerleaders for the coup attempt are not only still occupying seats in the US House of Representatives. They have, thus far, faced no repercussions. Indeed, they now control both the Speaker and many of the House committees. Likewise, the former president who led the coup has not yet been held accountable. He has even announced that he is running for president in 2024 and, in fact, is the leading candidate of the Republican Party despite his obvious attempt to turn our democracy into an autocracy!

Moreover, he has previously shown an intent to use the office to dismantle institutions, to punish opponents, and to sell favors to other nations, including our adversaries.

But the threat to our democracy goes much deeper.

For one thing, the twice-impeached former president packed our courts with rightwing loyalists. So, any court cases against Republican legislation designed to undermine our democracy are likely to fail. Second, autocracy-friendly Republicans have full control of 23 of our 50 states. They also have legislative control of 30 states. And 19 of those states have already called for a convention to rewrite the Constitution. If successful, their rewrites are likely to remove the barrier between church and state, as well as to change the requirements for citizenship and voting. They might even embrace far more radical ideas such as a bill offered by a Florida legislator which would essentially ban the Democratic Party in that state.

An even more likely recipe for civil war was outlined in a chilling Twitter thread by author and former Navy aviator Brynn Tannehill. She begins by stating that “we have two competing visions for America that are mutually exclusive, both sides really don’t like each other, but one of the two is violent, delusional, and willing to destroy democracy to get its way.” She then explains how Republicans are forcing the issue with a new bill that passed out of committee in Tennessee. According to Tannehill, the bill “would bar insurers from doing business with the state if they cover health care for trans people anywhere in the US.”

What are the chances of the six staunchly Catholic justices who comprise the majority of SCOTUS ruling against such a law? After their ruling which overturned decades of precedent to throw out Roe v Wade, those chances are likely zero, nada, nil.

Almost certainly, that will cause states to react as they did following the end of Roe v Wade. Red states quickly banned abortion while blue states began passing laws that would codify a woman’s right to abortion. So, in a reaction to Tennessee, blue states are likely to require insurers to cover trans health care in their own states.

Even if the Tennessee bill doesn’t pass, there will be other discriminatory bills proposed by rightwing zealots with the intent to further divide us. As Tannehill points out, “…this sort of blackmail can be used on any topic: whether it’s Disney for promoting ‘woke’ material, coverage of abortions, drug manufacturers and Mifepristone, or anything else they want to ban.”

Of course, the real flashpoint between the two sides revolves around guns. Democrats rightfully want to limit access to weapons of war and to ban untraceable ghost guns. But Republicans view the 2nd Amendment as the 11th commandment: “Thou shall not take away our guns.” Yet, without new gun safety measures which restrict the sales of ever more lethal weaponry, our nation will be consigned to a future with more school shootings and mass murders. Assuming that our nation, which has been far too passive in addressing climate change, has any future at all.

An Open Letter To The Once Supreme Court Of The United States

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I know that I speak for many Americans when I say that I no longer respect the court that I once believed supreme in regard to the wisdom of its legal rulings and interpretation of the Constitution.

In recent years, the conservative majority has ruled that money equals free speech, that corporations have the rights of people (giving executives and boards of directors both individual and corporate rights), that free speech does not include the right to boycott, that the separation of church and state does not extend to taxpayer funding of religious schools and, as the leaked document indicates, that a woman no longer has the right to privacy concerning her medical treatment and conversations with a physician.

The court’s most recent ruling seems to be based on an originalist reading of the 2nd Amendment, noting that its wording gives citizens the right to “keep and bear arms.” But what about the rest of the Amendment’s wording: “A well-regulated Militia, being necessary to the security of a free State”?

If the majority so strongly believes in the Framers’ original intent, why not rule that all males of a certain age must provide their own arms and order them to muster at designated times for training as my colonial ancestors were required to do?

I can only assume that it is because that reading does not fit the political ideology of the conservative majority.

Therein lies the problem. Many of us can no longer hold the court supreme because it has become utterly and hopelessly political. Unlike every other court in the land, this once supreme court has no code of ethics. A number of the justices have taken speaking engagements with highly partisan groups. Some have refused to recuse themselves from decisions in which they have a conflict of interest. And the wife of one justice has deeply engaged in a seditious attempt to overturn the results of an election.

In virtually every nation that has become a failed democracy, it has done so with the complicity of its judicial system. I now fear, with this court’s aid, that will be the future of the United States.

The Frightening Descent Of The Court We Once Held Supreme.

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Many of us grew up with great respect for the highest court in the land. We did not always agree with its rulings. But we always respected them because we knew they were considered judgments based on the law.

The current version of the Court is different. Very different.

Contrary to the protestations of Alito, Roberts, and Thomas, the Court has been made highly partisan. Certainly, there have been periods of partisanship in the past. But none quite like this. It began when Republicans were enraged that Robert Bork was not confirmed by a Democrat-led Senate due to his role in firing the Special Prosecutor assigned to the Watergate investigation. Never mind that the Senate’s refusal to confirm Bork was justified, Republicans threw an absolute hissy fit that continues to this day.

Republicans became further incensed when Democrats contested the nomination of Clarence Thomas based on Anita Hill’s credible allegations of sexual impropriety. The fact that the ethically challenged Thomas was married to and influenced by a far-right extremist and activist was lost in the controversy. And we’ve been paying for that oversight ever since.

As it became clear that the Court’s rulings dramatically lurched to the right, Thomas, Scalia, and Alito all portrayed themselves as “originalists.” They seem to view the Constitution as a static document that should be viewed from the perspective of 1788 when it was ratified by the original 13 states.

Yet these “justices” always seem willing to reinterpret the Constitution to benefit Republicans.

In recent years, Republicans have accelerated the Court’s descent into blatant partisanship. The GOP-controlled Senate blocked hearings on Garland’s nomination to replace Scalia for purely partisan reasons claiming that, since it was eleven months before a presidential election, the decision to fill the Court’s vacancy should be left to the next president. Then, when Trump won, the GOP began searching for judicial nominees who would be willing to bend the rule of law to benefit the Party and to overturn Roe v Wade. They rammed through three Supreme Court nominees, the last just weeks before the 2020 presidential election.

Such choices were a payback to evangelicals – people who can’t tell a zygote from an embryo from a fetus – for supporting the GOP’s ever-present culture wars against school integration, against interracial marriage, against contraception, against gay rights, against gay marriage, against sex education, against racial equity and, of course, against abortion.

Despite angrily denying their obvious partisanship, conservatives on the Court have made their partisan views public as featured speakers at numerous Republican and conservative “Christian” gatherings. And the leaked opinion by the Court’s five conservatives as expressed by Alito is the most obvious display of partisanship yet. They have gone out of their way to impose the beliefs of evangelicals and the GOP on all American women. Further, Alito’s draft opinion sets the stage for taking away other rights, including all of those at the heart of the GOP culture wars.

His opinion, if adopted as is, would enable his cult (aka the Republican Party) to transform the nation in ways unlike any previously experienced in American history.

For example, prior to Roe v Wade, women were seldom prosecuted for having an abortion. Those women who could afford it, would ask their doctors for a procedure called a D&C to terminate their pregnancies. Those who couldn’t afford such niceties would either seek a dangerous abortion in some back alley or take things into their own hands by employing coat hangers or acid. Or they might simply throw themselves down a flight of stairs. Apparently, that was seen as punishment enough by the Puritan crowd, since only the abortionists themselves were charged with crimes.

But, in this era of theological and ideological vengeance, it seems that no punishment for women is draconian enough. According to the current GOP anti-abortion bills, women will be arrested and jailed for terminating a pregnancy. So, too, will anyone who advised or enabled them. And every woman who has a miscarriage will be under suspicion.

What’s next on the GOP agenda? Burning women at the stake?

Why You Should Take Tyrants At Their Word.

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In the 1970s and 80s, after looking at the nation’s changing demographics, Republicans embraced southern racists still angry at having lost the Civil War and furious with forced integration of schools. Around the same time, they also crafted a deal with far-right evangelicals – people like Jerry Falwell, Jimmy Swaggart, Kenneth Copeland, Jim Baker, John Hagee, and Pat Richardson. The deal was that this so-called “Moral Majority” would deliver votes in exchange for the GOP embracing their cruel and hateful ideas, including a ban on abortion.

This unholy alliance resulted in the daily picketing of clinics, harassment of women seeking abortions, distribution of home addresses and license plates of clinic personnel, the bombing of clinics, and the murder of abortion providers.

Through it all, the GOP platform and most GOP candidates called for an end to abortion. They began stacking the courts with anti-abortion judges and they prayed for the deaths of liberal and moderate Supreme Court justices. They passed draconian laws in GOP-led states like Texass that would imprison women for having an abortion, even if they traveled to another state where abortion is legal or if they ordered abortion pills online.

Most of the GOP’s current or pending laws make no exception for victims of rape and incest. They have made it clear that they will not help feed the children of forced births. They will not provide them with healthcare. They will not even agree to pay for improvements to our already over-stretched and disastrous foster care system.

In reality, the GOP is pro-birth. Not pro-life.

And given the fact that a significant majority of Americans, including Republicans, favor reproductive freedom, this is truly tyranny by a minority. Yet many of you, much like the cancer stricken notorious RBG who refused to resign when a Democratic president could appoint her successor, failed to act. You simply assumed they couldn’t take away a woman’s reproductive freedom.

It took them 50 years but, through a combination of legislative tricks to steal a SCOTUS seat and to hypocritically fill another one, they have apparently succeeded. You didn’t need a crystal ball to see it coming. They told you what they would do if they gained control of the Court.

And if you take these same people at their word, they won’t stop there.

They have openly talked about banning contraception, gay marriage, inter-racial marriage, LBGTQ rights, and affirmative action. They have tried to take away public school funding, Social Security, and Medicare. Even the freedom to practice religions other than Christianity, the right to assemble, freedom of speech, freedom of the press, and the rights of certain minorities to vote are on the line.

It doesn’t matter that most Americans disagree with Republicans and evangelicals on these issues. They have a plan to seize permanent control of our government. They may have failed on January 6, 2021, but, if you listen to them, they haven’t given up. The only way to stop them is to vote while you still can – in the midterms and beyond. To end this pending nightmare and the collapse of our democracy, they must be convincingly and overwhelmingly repudiated.

Jan. 6 Commission Vote Explains Why Bipartisanship Is A Myth.

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Most Americans continue to call for bipartisanship in the US Congress. But it has become as elusive as UFOs, Bigfoot, and the mythical unicorn. First, let’s note that the “bi” in bipartisanship denotes the participation of two parties. Unfortunately, for at least the past 12 years, one party has been largely absent. Sure, the Republicans have been more than happy to demand a voice in any bill the Democrats put forward. For example, as Congress was debating the Affordable Care Act, Republicans offered hundreds of amendments to the bill, and Democrats accepted hundreds of them in hopes of gaining Republican support. But, when it came to the final vote, not a single Republican voted for the bill in the House or the Senate.

That set a pattern that continues to this day.

Senate GQP (Grand QAnon Party) leader, Moscow Mitch McConnell has stated repeatedly that his primary goal is to stop the Democratic agenda at any cost. When Republicans are in the minority, he repeatedly calls for bipartisanship. But when Democrats have control, he ramrods through Republican bills and nominations at record speeds, decrying any attempts at negotiation as obstruction. One need look no further than McConnell’s actions on the Senate Supreme Court confirmations of Merrick Garland and Amy Coney-Barrett to confirm his hypocrisy and his contempt for bipartisanship.

As if those two examples are not enough to make the point, consider the recent votes on a bill calling for a bipartisan commission to investigate the insurrection of January 6. After Democrats agreed to each of the House Republican’s demands, both parties announced that they had reached a deal on May 14, 2021. Then, on May 18, the day before the bill was to come up for a vote, House GQP leader Kevin McCarthy announced his opposition to the bill. And hours before the House vote, Moscow Mitch followed suit. As a result, only 35 Republican House members broke ranks to vote in favor of creating the commission.

The fate of the commission now hangs in the balance in the Senate where, given the filibuster, 10 Republicans will have to demonstrate their independence from Moscow Mitch and vote for bipartisanship. Unfortunately, that is very unlikely.

One can’t help but compare the GQP to Lucy in the Peanuts cartoon series and Democrats to Charlie Brown. Despite assurances that they will hold the football this time, the GQP continues to withdraw support at the last instant, leaving Democrats to whiff and fall onto their backsides. Though contrary to their instincts and their desire for the kind of bipartisanship needed to solve our nation’s problems, it’s time for Democrats to give Republicans a dose of their own medicine.

Bipartisanship is not possible now that one of the parties has become a belligerent and autocratic cult.