18 Comments

At this point in time a lump of dirt has more integrity than several members of the Supreme Court, and having been bought, they have no legitimacy amongst thoughtful people.

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Alabama is proving the validity of Andrew Jackson, who said" Justice Marshall has ruled, now let him enforce it. Alabama is ignoring the supreme court, believe me other states are watching and if Biden lets them get away with it, more red states will follow, of course blue states won't because they handicap themselves with principles, which like the Weimar Republic , dooms them.

Alito's comment is modeled on the Roman Republic, which was ruled by two consuls, only the right wing Supreme Court has set itself up with 6 consuls. We are already living under a dictatorship, a judicial dictatorship which will be the handmaid of a full dictatorship if the Republicans control congress and he executive in 2025.

The constitution Art II Section 1, does mention congress, however their are two houses in congress, the House of Commons and the House of Lord (Representatives and Senate)

The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority. In this way, both the Executive and Legislative Branches of the federal government have a voice in the composition of the Supreme Court.

There is nothing there about the House of Representatives, and people are conditioned to think of Congress as the House of Represenatives. It is not, it is the House AND the Senate and apparently the Senate has some rights and responsibilities not delegated to the House, so the House is not needed.

I postulate that the Senate alone can increase or decrease the size of the Senate and since it is the Senate and not the House, that approved the appointment of federal judges, then he who approves can also remove, and the House has no say in the matter.

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I too have wondered why the Senate does not take care of removing Justices, or at least impeaching them, or whatever the process is called. Alito and Thomas are clear cases as far as I can see. An attempt should at least be made. It would hold others in check. Here we see Senate incompetence. Feinstein is back and hopefully everyone else needed to make this happen. It would be great to be able to replace McConnell with a Dem in the Senate too.

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I chalk the lack of the Senate's movement on the three C's,

Complicity, cowardice and corruption.

Even before Citizens United, money bought Representatives and Senators.

And who has the money? The likes of Elon Musk, Paul Singer, Harlan Crowe, PhRMA, the animal farming and slaughter industry, the petro chemical complex, the military industrial complex, plutocrats, be they Libertarian, Green, No Labels or Republican, I can't think of any Democrat billionaires, and George Soros doesn't count, he really doesn't do much for Democracy or the environment. Not like the founder of Paypal, Peter Thiel who is a major funding source for the fascists called Republicans. I hear he is not funding Trump this time, I suspect it was a business decision, an unwillingness to throw good money after bad, and not a change in attitude or ideology.

It boggles my mind, Thiel is gay, and has supported the anti LGBT right, I guess he believes, as Andrew Sullivan does as well as the Log Cabin Republicans that they are above the fray, and nothing that the right will do, affects them.

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I too have written about Thiel and how much I will not support Paypal because he still earns money. When I called him a Nazi, someone felt I was trivializing the term. I felt that they just did not understand history well enough. Before the Nazis had full power they behaved a certain way and believed a certain way. I know Thiel's parents migrated here from Germany, and supposedly that means he can't be a Nazi. Well, there are plenty of Nazis left in Germany, in fact they are creating a whole new party. They get around the laws by calling themselves Alternative für Deutschland, but I call them The New German Nazi Party. That is what the Repugnant-cans are here! The New American Nazi Party. When they think they are going to get flack they call themselves something else, but the Repugnant-cans are just more of the same. https://www.npr.org/sections/codeswitch/2019/02/20/695941323/when-nazis-took-manhattan

https://www.nationalww2museum.org/war/articles/american-nazism-and-madison-square-garden

My governor, Jay Pritzker of Illinois, is a billionaire. He funds things, but I am not sure what. I know he was called out for scandalous spending in the midterms because he funded many way out there Trumper candidates so that they would be defeated by the Democrats in their states. I presume this worked in some cases, but everyone was scandalized that he would risk supporting anyone who might be win that is a looney tune Repugnant-can MAGAt conspirator. On occasion I write to him to support causes. He does not use public money for travel because he can afford to pay for his own travel. It is presumed he drove his rival Republican Billionaire Ken Griffin out of Illinois at the mid-terms. Griffin went back to his home state of Florida, but not before he did horrendous damage to Illinois. He is the one who fought Pritzker on a progressive tax bill. I believe even members of Pritzker's family, more billionaires but not necessarily Democrats, on funding the progressive tax bill. Our state needs this bill, passed, but after Griffin got all of the other Billionaires and some upper level Millionaires to vote against it, it did not pass. I would like to do the ads for that campaign if it ever comes up again. I am going to really list the benefits that Countries with progressive taxes have over our countries that do not have progressive taxes. As a citizen of one such country, I can list free tuition at universities as one of the benefits. Also, much lower insurance costs, and more things are covered. Can we say hearing aids, dental care, eye care, lower drug costs. I a m disgusted that my Senator, Dick Durbin is the chair of the judicial committee.

https://www.judiciary.senate.gov/about/members

It sounds to me that all they have gotten done is come up with rules for oversight of the Supreme Court. I think an email by everyone who can, to the majority members of the committee is in order. I was writing to have Thomas and Alito impeached right after Roe v Wade was overturned. If they need a simple majority they should have it. In fact, I think one could write all of the members so they don't just hear from their constituents who support the court's behaviors in regarding overturning precedents.

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Dick Durbin is one of the Democrats that, before Trump and his cult, I considered a Demopub.

And frankly I was so disgusted with the political parties, that until 2016 I hadn't voted, last vote I cast, until 2016) was in 1964, first vote was in 1960. Many of the Democrats in congress are holdovers,, or at least mentored and learned from the Dixiecrats and of course corporate lobbyist.

Face it, the system as is, demands that politicians have truckloads of cash, to support them, and they also acquire a nest egg and gifts from the mega donors.

But I have to, more than ever, hold my nose and vote for a Democrat, for no other reason than to save a pluralistic, inclusive (well somewhat inclusive) democracy. For POC, LGBT, people for whom English is a 2nd language and women, America is no longer an inclusive, diverse democrasy.

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A dose of reality:

Republican senator murkowski supported the John Lewis voting rights bill, which the democrats failed to pass when they owned a majority of both houses of congress.

This is just to point out how corrupt and incompetent tge democrats have been.

Lots of talk about parties and politicians but due to civil service reforms (starting over 100 years ago) these political parties are no longer serving as independent sources of power, instead they appear to be thin veneers simply covering up the donors and think tanks that make most public policy.

It's important to at least note that under the "spoils system" (which was in place when Lincoln talked of government of, by and for the people) there was another forceful place where political power resided, which offset and balanced somewhat the power of wealth and business. Not anymore.

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Look behind you. See your sons and your daughters. They are your future. Look farther and see your sons' and your daughters' children and their children's children even unto the Seventh Generation. That's the way we were taught. Think about it: you yourself are a Seventh Generation."

--Leon Shenandoah, ONONDAGA

The Creator designed us with a free will. That means we function from choices and consequences. It is important that we practice thinking about consequences before we make decisions about choices. Every choice I make is like setting up dominos one after the other that produce consequences. Not just for me but also for my children and for the children that are unborn. My choices and decision today will have consequences for seven generations. For example, if I work on my own spiritual development and I walk the Red Road, the odds are that my children will. They will marry and their children will follow the Red Road and so will my grandchildren even up to the seventh generation. This will happen because of the choices and decisions that I make today.

Great Spirit, grant that the choices and decisions that I make today will honor Your laws and values. May I live in peace today that will ripple into the seventh generation.

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Thank you for another great column, Thom. Only one thing missing. What can we do about it?

Answer: Join the effort to pass a Constitutional amendment that explicitly states only human beings, not corporations, are endowed with Constitutional rights, and denies that money is speech.

Rep. Primaya Jayapal (D-WA) is the lead sponsor of the We The People Amandment. (There are currently 94 co-sponsors.) Learn what you can do to help here: www.MoveToAmend.org

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Without a legitimate SCOTUS there is no rule of law. If there was, the reactionary majority justices on the court enabled by Trump and company would be impeached. But nobody is doing a thing, including the Congress and most of the representatives of the "Fourth Estate" whose job is to be watchdogs on behalf of the Constitution. There is no democratic legitimacy in an oligarchy that has bought and paid for the institutions of government as well as the major media outlets. And the American people have only themselves to blame. It's disgusting to see the Constitution I took an oath to protect and defend as a combat veteran dishonored by a cabal of rightwing christian fascists with deep pockets and no moral integrity whatsoever. The fact that we now have a scumbag like Donald Trump running for president as the flag bearer for the GOP makes it clear that democracy is very close to death unless we, the people, rise up and rid our house of government of the miscreants who seek to overthrow the Law of the Land on behalf of this narcissist clown. This is a life and death issue, not some conciliatory political game to be played with Joe Biden's "friends" on the other side of the isle. Americans who are loyal to the democratic paradigm established by the founders have no friends in the Republican Party today, an organization dominated by a criminal and managed by traitors and fascists and they should be treated as such.

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Not sure that "Americans have only themselves to blame." This assumes a range of choices.

George Carlin stated this almost 20 years ago: Americans have owners, not choices. Much media contradicts this basic assertion to try to convince the public that politicians decide everything.

If the critical thing is to "rid our house of government of the miscreants who seek to overthrow the Law of the Land on behalf of this narcissist clown" then ag garland and jack smith have earned our support and should be counted as being among our most heroic public servants.

https://www.npr.org/2021/02/09/965472049/the-capitol-siege-the-arrested-and-their-stories

Also we have to understand that not having a "legitimate SCOTUS" is not a new problem, in fact it's the problem that enabled a sharp lawyer named Lincoln to gain national noteriety. This problem rests largely with Congress, not the court. Justice Kagan responded to some of Alito's recent garbage about how congress can't regulate tge court. Nothing can be more wrong than this attitude which contradicts all of American history.

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Marc, thanks for that feedback on my hasty comment. I agree on every point and will add your remarks to a future essay on my site.

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Should mention as well - more good news! It's seems that a diligent search of Washington, D.C. has been conducted and a Congress has been found!

https://www.judiciary.senate.gov/press/releases/durbin-whitehouse-statement-on-senate-judiciary-committee-advancing-supreme-court-ethics-reform-bill-to-full-senate

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Thanks, much appreciated. To note in addition - Alito says he knows his views about congress "are not popular." Its like you really can't make such comedy up....

Whether you look at trump, his lawyers, alito, or Christian nationalists in general it seems they say the same thing:

I am right and the overarching majority of Americans - as Expressed through any kind of democratic process - are wrong. And I must have my way.

One good thing we hear is that "gen z" overwhelming doesn't see it this way.

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Thank you for the truth again Thom, we surely do not have one of those six ‘bought and paid for’ judges , who might accept any ethical oversight at all.

They’ve been blatant in their successful attempts to starve the rule of law, ignoring Constitutional

Modification of their deliberately lawless rulings.

They are paving the way for even more authoritarian dictates.

And are quite obviously enthralled with themselves and their power politically.

All of the rulings mentioned in your article required very little time in investigation of the democratic soul in our society.

But only a log of powerful entities that would benefit wealthy and well connected Americans . And exclude the rest of Americans rights as citizens. Were seeing more and more of this everyday, and the “ kings and Queen of the Court” really are believing they make all the rules and decide themselves, that these rules are fine, no matter who they hurt .

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Well that was a brilliant way to begin the movie. Dems would listen-up hoping for more and conservatives would be pissed and want to see what else they say that they could claim to be Hollywood bias.

The ethically challenged six are making history, but not in a good way. That's not what I'd want to be known for or as part of my legacy. Congress is not going to back-off and these Justices are dreaming if they think that's going to be the result.

Only one Court member has been impeached and then the darn Senate didn't remove Chase in 1804. If we get the House back, time to try again. I'd love to see THAT history made. They could have their billionaires pay for their lawyers. Fuckers. They don't have Barbie's smarts, and they sure as hell will never have her money!

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Today on cnn website there is an "annotated" version of the indictment.

Better to take advantage of one of the good legal media outlets (legal af, amicus, strict scrutiny, jack, for example) which will cover the indictment in detail this week.

CNN's annotations, while sometimes helpful, seem to have an unwarranted focus on identifying many of the people who refused to endorse the "conspiracy shit" as republicans. "It should be noted these are all republicans" - is what cnn wants you to read.

Ok but do they explain that these folks are merely the ones who had such little personal wealth / power as incentives that they thought it might be better not to land in jail? CNN makes them (including Pense) out to be honerable, when all of them are republicans with little decency, who supported trump, but who just had enough of a morsel of common sense to avoid going to prison or suffering a complete career-ending criminal allegation, just to please the maga mousilini.

It's fair to note this, given Thom's reference today to "dithering" by Garland, a phrase and concept he borrowed from cnn when Ms. Keiler proclaimed it to be the best verb to describe not only garland but other goings on in Washington.

That the only attorneys (of many that cover this topic in detail) who make similar characterizations are those that are directly employed by mainstream tv media should be given some consideration here.

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Except information. Sad but true. Thom thanks for all you do.

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