When David Brooks said on the PBS Newshour that he knows Harlan Crow, vacations with him and thinks he's a 'great guy', I lost all respect for him. As I've said before, Clarence Thomas and most likely many other Justices are blackmailed into doing the billionaire oligarchs' bidding. It's really that simple. Thomas has a drinking problem (see Frontline piece on him), he was abused as a child and has all sorts of shall we say, 'predilections' from that. He hates his own people! So does Tim Scott, for that matter. As for Gorsuch, check out the high-end, alpine ski wear company 'Gorsuch' online; the catalog sells skiwear and apre ski wear for $thousands (sorry, don't know how to accent grave on my computer;). Could have sworn Justice Pretty Boy modeled for them.... Maybe he's related. Didn't he sell land in CO to some wealthy billionaire or someone who paid him a fortune for it? Let's start some juicy rumors!
Here I go again, the old pessimist. I do `not expect any action by the Senate or Biden. I am still trying to ascertain whether it is cowardice, complicity or corruption, the same Biden is showing by refusing to use his Art II and 14th Amendment powers. He could declare an environmental emergency (Art. II) and refuse the petroleum complex of exporting our oil to foreign countries, thus lowering the price of gasoline and inflation, but that would anger the petrochemical donors...so no go. He could with an executive order, raise the debt limit, but that would anger the Republicans, and to hell with the government employees, folks on Social Security, Medicare, Medicaid, SNP and other social programs.
I suspect that a good portion of the donors to the DNC (not we the people) are hinging their support for the DNC on killing this programs, so they can be privatized.
My pessimism is based on prior performance, or lack thereof,which is a prediction of future performance.
Optimism and wishful thinking, assuming good faith, are leading us into the state of autocratic rule by a burgeoning neo fascist but growing minority. The neo fascists are a highly motivated 30-35% of the population and that is all that is need to take over the country, And to my estimation, there is not a real, serious, opposition and we have the best government money can buy
The house has nothing to do with appointing or remove SCOTUS. They were approved by the senate, and can be removed by the appointing authority. Federal Judges do not go before the house for approval.
I am waiting to see if Biden uses his constitutional authority, Art II and 14th Amendment to issue an executive order that will raise the debt limit.
I fear not, he is either weak, a compromiser, corrupt or cowardly.
What I am expecting him to do is "compromise with McCarthy, weaken social security that it can be privatized, which is what Peter Peterson, and investment bankers have been wanting (to use the trust fund to finance gambling on Wall Street and FICA payments as an income stream, and Biden will claim that he has done us a big favor by rescuing social security. Truth is that Social Security is not under threat, the corporate whores in the media have been pushing that lie, because the bankers are their ultimate paymasters,, and many are libertarians, economic, not cultural. Culturally they are fascists.
Congress has two houses. Representative and the Senate. I do not believe that he needs the house, FDR didn't and threatened to expand the court to 11 and SCOTUS caved.
As regards Biden not using the 14th Amendment because his fear of SCOTUS. Have you read that, do you have a link., In my opinion that is baseless apologia, there is lots of that going around to rationalize Biden's failure to act with strength, where as he defaults to what he learned in the Senate, consensus and compromise, and that is no way to govern, but is an excuse for weakness and failure.
So use the 14th Amendment let it wind up in the Supreme Court, by the time it does, it is after the fact and too late. Fear of the Supreme Court is a lame excuse.
There is also Art II, declaring a national emergency which has been used by used by Lincoln during the Civil War to ignore Habeus Corpus, and the power was legislated in 1976 Since passage of the National Emergencies Act in 1976, every U.S. President has declared multiple national emergencies: Carter (2); Reagan: (6); H.W. Bush (4); Clinton (17); W. Bush (12); Obama: (13); Trump (7)
And there goes the SCOTUS excuse. I am not into excuses or looking back. What is is, and the past can't be changed, sour grapes don't hack it, what is important is the here and now and how actions or inactions today affect the future.
And the future is scary, for Social Security, Medicare, Medicaid, SNAP, and civil servants, not to mention the millions of jobs which are dependent on government contracts and business, and the 2nd and 3rd and 4th hand business and jobs that benefit from same, And I am haven't even touched the harm coming to gays, lesbians, trans and even non Christian people
As regards Emails. I've had it with that lame excuse for Hillary losing. She was an unattractive candidate and not to be trusted, her husband is responsible for the rust belt/swing states, the school to prison conveyor belt, the Defense of Marriage Act, and Don't ask don't tell, he repealed the fairness doctrine and with the signing of the Telecommunications Act of 1996, he enabled the monopolization of communications and the press, which among other things has allowed Fox to grown into the mega fascist company it is, and for Sinclair and Heartland to gobble up all the progressive stations and turn them into fascist bullhorns.
If the DNC and the "wise women of SC" hadn't put their thumb on the scale for Hillary, Trump might not have been President.
And the women of color in SC and the south, claim to be the base of the Democratic party, they even got SC to be the first Democratic primary. Their heads are too full of themselves, by the same token that they control the Democratic party primary, they lose the general election.
Win the battle lose the war, call me racist if you wish, but facts are facts. White nationalism is winning the culture war, and propelling us backwards in time, because hard headed people over estimate their power, and are not in touch with realpolitik.
Your knowledge and understanding of the Supreme Court is unparalleled Thom. I would like to hear from one other scholar on this, since it's such a constitutional matter, and that's Laurence Tribe. My sense is that he would confirm most, if not all, of what you've said here.
Thank you so much for the explanation of Marbury v Madison decision and the historical background. A constitutional showdown is at hand, if Americans can take back the Congress.
Well at least this got that weasel Roberts to poke his nose out of his den. He has to be really pissed that people have started saying this is the "Thomas Court".
My goodness this whole scenario is stupid! Every one of the (cough) Justices have simple moral imperatives to declare what, who and how much they are gifted or earn. If there is a conflict of interest, it looks corrupt, or they don't want to recuse themselves, then DON'T take the gift or job. Such a simple task, especially when they have excellent professional advice surrounding them every damn day.
There is a reason Thomas and Crow look to authoritarians; they want to be one instead of being ACCOUNTABLE. They want to tell us FU, and they have. Fine. Now they get to hear how that "makes us feel" over and over and over.
It makes me feel like certain Justices are dishonest, unethical, and absolutely corruptible. They are disgusting and, the proof is we know from the hearings they lied to get there.
Given the "Marbury" precedent, although not specifically in the Constitution, but the functional standard since its inception, what would prevent the current court from declaring any attempt by the current Congress from declaring any legislation regulating the Court from being declared unconstitutional? Then what?
Given that the American Revolution was to take the colonies out from under an unelected hereditary king, the Marbury precedent doesn't make sense. That decision would have created a little committee of monarchs. Thomas Jefferson was rightly furious. These people are trying to see what they can get away with. Hold Crow in contempt.
Yes, absolutely true. Big media is Big Money and ratings and advertising dollars determine most of what they produce. But there are are moments of clarity and responsibility and Rachel and a few others could inform at least some in their audience of the history Thom outlines so brilliantly with the logical options that are being ignored. The facts and details need to be spelled out for more people to understand and act, or to at least vote. As always, I have to register my complaint that the people fall for the distortions, lies, and diversion tactics because they are profoundly miseducated and inclined to accept BS without questioning it, even when it comes from authoritarians who are openly un-American and anti-democratic.
If another right winger gets elected president and he takes over the military as Commander in Chief, we will never get rid of these, demons, rats, thugs and robber barons. Biden acts compromised like somebody has something on him. Who told the FBI about Biden's classified information and Pençes as well? Biden needs to invoke the 14th amendment and use the military to start cleaning house and holding these puppet Master GOP insurrectionists accountable. Our only hope is if Biden has the fortitude to take charge. If Biden does not do a fireside chat real soon and caves into the GOP, it is all over. The New world order autocrats the GOP puppets despise will turn them into slaves. As long as the intellectuals are slaves, that is okay with them. Until they actually starve or get tortured anyway.
Biden’s history, from the Judiciary committee for - remember Anita Hill and the supporting women he refused to call to testify?—-through the miserable votes for Clinton legislation and compromises with Republicans, all lead to one conclusion: he will sell out ordinary Americans. I fear he is too much of a coward to stand up and do the right thing.
surely you habitually send your superb historical info to appropriate congressional chambers--but if you do not-- I HAVE, starting with bernie, the " cable media--
please comment on what may be keeping potus from adding 3 justices ( u prev commented)
When David Brooks said on the PBS Newshour that he knows Harlan Crow, vacations with him and thinks he's a 'great guy', I lost all respect for him. As I've said before, Clarence Thomas and most likely many other Justices are blackmailed into doing the billionaire oligarchs' bidding. It's really that simple. Thomas has a drinking problem (see Frontline piece on him), he was abused as a child and has all sorts of shall we say, 'predilections' from that. He hates his own people! So does Tim Scott, for that matter. As for Gorsuch, check out the high-end, alpine ski wear company 'Gorsuch' online; the catalog sells skiwear and apre ski wear for $thousands (sorry, don't know how to accent grave on my computer;). Could have sworn Justice Pretty Boy modeled for them.... Maybe he's related. Didn't he sell land in CO to some wealthy billionaire or someone who paid him a fortune for it? Let's start some juicy rumors!
Here I go again, the old pessimist. I do `not expect any action by the Senate or Biden. I am still trying to ascertain whether it is cowardice, complicity or corruption, the same Biden is showing by refusing to use his Art II and 14th Amendment powers. He could declare an environmental emergency (Art. II) and refuse the petroleum complex of exporting our oil to foreign countries, thus lowering the price of gasoline and inflation, but that would anger the petrochemical donors...so no go. He could with an executive order, raise the debt limit, but that would anger the Republicans, and to hell with the government employees, folks on Social Security, Medicare, Medicaid, SNP and other social programs.
I suspect that a good portion of the donors to the DNC (not we the people) are hinging their support for the DNC on killing this programs, so they can be privatized.
My pessimism is based on prior performance, or lack thereof,which is a prediction of future performance.
Optimism and wishful thinking, assuming good faith, are leading us into the state of autocratic rule by a burgeoning neo fascist but growing minority. The neo fascists are a highly motivated 30-35% of the population and that is all that is need to take over the country, And to my estimation, there is not a real, serious, opposition and we have the best government money can buy
The house has nothing to do with appointing or remove SCOTUS. They were approved by the senate, and can be removed by the appointing authority. Federal Judges do not go before the house for approval.
I am waiting to see if Biden uses his constitutional authority, Art II and 14th Amendment to issue an executive order that will raise the debt limit.
I fear not, he is either weak, a compromiser, corrupt or cowardly.
What I am expecting him to do is "compromise with McCarthy, weaken social security that it can be privatized, which is what Peter Peterson, and investment bankers have been wanting (to use the trust fund to finance gambling on Wall Street and FICA payments as an income stream, and Biden will claim that he has done us a big favor by rescuing social security. Truth is that Social Security is not under threat, the corporate whores in the media have been pushing that lie, because the bankers are their ultimate paymasters,, and many are libertarians, economic, not cultural. Culturally they are fascists.
Congress has two houses. Representative and the Senate. I do not believe that he needs the house, FDR didn't and threatened to expand the court to 11 and SCOTUS caved.
As regards Biden not using the 14th Amendment because his fear of SCOTUS. Have you read that, do you have a link., In my opinion that is baseless apologia, there is lots of that going around to rationalize Biden's failure to act with strength, where as he defaults to what he learned in the Senate, consensus and compromise, and that is no way to govern, but is an excuse for weakness and failure.
So use the 14th Amendment let it wind up in the Supreme Court, by the time it does, it is after the fact and too late. Fear of the Supreme Court is a lame excuse.
There is also Art II, declaring a national emergency which has been used by used by Lincoln during the Civil War to ignore Habeus Corpus, and the power was legislated in 1976 Since passage of the National Emergencies Act in 1976, every U.S. President has declared multiple national emergencies: Carter (2); Reagan: (6); H.W. Bush (4); Clinton (17); W. Bush (12); Obama: (13); Trump (7)
https://en.wikipedia.org/wiki/National_Emergencies_Act#:~:text=Since%20passage%20of%20the%20National,13)%3B%20Trump%20(7).
And there goes the SCOTUS excuse. I am not into excuses or looking back. What is is, and the past can't be changed, sour grapes don't hack it, what is important is the here and now and how actions or inactions today affect the future.
And the future is scary, for Social Security, Medicare, Medicaid, SNAP, and civil servants, not to mention the millions of jobs which are dependent on government contracts and business, and the 2nd and 3rd and 4th hand business and jobs that benefit from same, And I am haven't even touched the harm coming to gays, lesbians, trans and even non Christian people
As regards Emails. I've had it with that lame excuse for Hillary losing. She was an unattractive candidate and not to be trusted, her husband is responsible for the rust belt/swing states, the school to prison conveyor belt, the Defense of Marriage Act, and Don't ask don't tell, he repealed the fairness doctrine and with the signing of the Telecommunications Act of 1996, he enabled the monopolization of communications and the press, which among other things has allowed Fox to grown into the mega fascist company it is, and for Sinclair and Heartland to gobble up all the progressive stations and turn them into fascist bullhorns.
If the DNC and the "wise women of SC" hadn't put their thumb on the scale for Hillary, Trump might not have been President.
And the women of color in SC and the south, claim to be the base of the Democratic party, they even got SC to be the first Democratic primary. Their heads are too full of themselves, by the same token that they control the Democratic party primary, they lose the general election.
Win the battle lose the war, call me racist if you wish, but facts are facts. White nationalism is winning the culture war, and propelling us backwards in time, because hard headed people over estimate their power, and are not in touch with realpolitik.
Your knowledge and understanding of the Supreme Court is unparalleled Thom. I would like to hear from one other scholar on this, since it's such a constitutional matter, and that's Laurence Tribe. My sense is that he would confirm most, if not all, of what you've said here.
Thank you so much for the explanation of Marbury v Madison decision and the historical background. A constitutional showdown is at hand, if Americans can take back the Congress.
Well at least this got that weasel Roberts to poke his nose out of his den. He has to be really pissed that people have started saying this is the "Thomas Court".
My goodness this whole scenario is stupid! Every one of the (cough) Justices have simple moral imperatives to declare what, who and how much they are gifted or earn. If there is a conflict of interest, it looks corrupt, or they don't want to recuse themselves, then DON'T take the gift or job. Such a simple task, especially when they have excellent professional advice surrounding them every damn day.
There is a reason Thomas and Crow look to authoritarians; they want to be one instead of being ACCOUNTABLE. They want to tell us FU, and they have. Fine. Now they get to hear how that "makes us feel" over and over and over.
It makes me feel like certain Justices are dishonest, unethical, and absolutely corruptible. They are disgusting and, the proof is we know from the hearings they lied to get there.
Thom,
Given the "Marbury" precedent, although not specifically in the Constitution, but the functional standard since its inception, what would prevent the current court from declaring any attempt by the current Congress from declaring any legislation regulating the Court from being declared unconstitutional? Then what?
Given that the American Revolution was to take the colonies out from under an unelected hereditary king, the Marbury precedent doesn't make sense. That decision would have created a little committee of monarchs. Thomas Jefferson was rightly furious. These people are trying to see what they can get away with. Hold Crow in contempt.
Wouldn't it be great if we had a media that knew and understood this history and could outline it for the American people? Someone, pleas call Rachel.
Big Media is complicit
Yes, absolutely true. Big media is Big Money and ratings and advertising dollars determine most of what they produce. But there are are moments of clarity and responsibility and Rachel and a few others could inform at least some in their audience of the history Thom outlines so brilliantly with the logical options that are being ignored. The facts and details need to be spelled out for more people to understand and act, or to at least vote. As always, I have to register my complaint that the people fall for the distortions, lies, and diversion tactics because they are profoundly miseducated and inclined to accept BS without questioning it, even when it comes from authoritarians who are openly un-American and anti-democratic.
If another right winger gets elected president and he takes over the military as Commander in Chief, we will never get rid of these, demons, rats, thugs and robber barons. Biden acts compromised like somebody has something on him. Who told the FBI about Biden's classified information and Pençes as well? Biden needs to invoke the 14th amendment and use the military to start cleaning house and holding these puppet Master GOP insurrectionists accountable. Our only hope is if Biden has the fortitude to take charge. If Biden does not do a fireside chat real soon and caves into the GOP, it is all over. The New world order autocrats the GOP puppets despise will turn them into slaves. As long as the intellectuals are slaves, that is okay with them. Until they actually starve or get tortured anyway.
Biden’s history, from the Judiciary committee for - remember Anita Hill and the supporting women he refused to call to testify?—-through the miserable votes for Clinton legislation and compromises with Republicans, all lead to one conclusion: he will sell out ordinary Americans. I fear he is too much of a coward to stand up and do the right thing.
AND BERNIE HAS SPOKEN!
surely you habitually send your superb historical info to appropriate congressional chambers--but if you do not-- I HAVE, starting with bernie, the " cable media--
please comment on what may be keeping potus from adding 3 justices ( u prev commented)