67 Comments

The SCOTUS Justices were asking questions that sounded as if their understanding of the Constitution and Amendments are about as good as a 10th grader that read Cliff Notes for a complete history of the United States.

The whole idea that voters should decide so they aren’t disenfranchised, so SCOTUS can stay out of politics. That’s not what Section 3 states. The court sure didn’t have a problem disenfranchising the people in 2000 that voted for Gore. That was pure politics.

The idea that Congress needs to pass a law is not what Section 3 states. The word “shall”, used twice in Section 3 is self enacting, no further legislation is needed. “Shall” is the keyword. When used in any amendment, law, or regulation it’s self enforcing, no other legislation is required.

The suggestion that tRump supporters might turn violent if tRump is removed from ballots should have no bearing at all. They’re going to turn violent when he loses in November. They’re going to turn violent to rig the election. SCOTUS is supposed to rule on law, not worry about hurt feelings.

The suggestion that each state is going to go willy-nilly on disqualifying candidates or each state can decide on tRump being on the ballot. Wrong. SCOTUS gets final say. What applies to Colorado, if tRump loses on decision, applies to all states. There has to be actual cause to challenge and take someone off the ballot. They’re worried about this tying up the courts, it could happen now anyway.

And what’s going to happen when they issue the decision in tRump’s favor? tRump going to yell (all caps): “See, no insurrection!” “Complete vindication!” “Release the hostages”

These fools on the SC have no idea how much they are going to feed the monster.

My opinion of the SCOTUS sinks lower every day when I think it can’t get any lower. It’s lower than my opinion of Congress.

Expand full comment

Totally agree! Especially with this: “SCOTUS is supposed to rule on law, not worry about hurt feelings” or worse “what aboutism”.

Expand full comment
founding

I'm hearing analysis that the liberal justices are worried about the weaponization of 14.3 were it to be enforced. The thinking goes: what will Texas do against Dems in future elections.

I'm not buying it. Each case should go to the supreme Court along with their findings of fact for a decision country wide based on merit.

Some worry that findings of "fact" from a MAGA kangaroo court in Texas would taint the factual record at the SC.

I say stand on principle with a straightforward enforcement of 14.3 due to an insurrection and let the chips fall where they may. If right wing radicals want to weaponize 14.3 (like they do with everything) then make sure a factual record is allowed to be built and in place at the SC to diminish suspect "facts" that were "found" at the state levels.

Expand full comment

That’s the only logic I can see to Jackson’s and Kagan’s questions. I agree, use 14.3 now because it’s justified; any other uses have to also be justified in law and fact.

Expand full comment

There was an amicus brief filed by a group of historians that laid out the history quite well. They also killed all of Trump's arguments. Was this not mentioned?

Expand full comment
author

Nope… at least, not in any consequential way…

Expand full comment

Nothing disappoints me as much as Ketanji Jackson, when I heard her question I fell out of my chair. What goes on in chambers and behind the scenes. Is she reading tea leaves and is sure that Trump will win the election? Is she afraid for her safety and that of her family.

Between voter roll purging, voter suppression and nullification legislation, moving Trump boxes, the refusal of honest people to work as election officials, defaulting to Trump humping volunteers, armed poll watchers. I can only hope for a miracle., and I don't believe in miracles.

Going into the first Tuesday in November it takes 270 electoral votes to win.

Red states have 235

Blue states have 226

The swing states of 2020 are no longer swing states. Georgia and North Carolina, have enacted Voter suppression laws.

Here is a map of states that have enacted restrictive voter laws since Holder v Shelby

https://www.brennancenter.org/our-work/analysis-opinion/states-have-added-nearly-100-restrictive-laws-scotus-gutted-voting-rights

The Swing states are Arizona 11 votes, Michigan 15 votes, Nevada 5 votes, Pennsyltuck 19 votes, Wisconsin-10 votes

Arizona, Pennsylvania, Wisconsin have Republican Legislatures, which is important, because if the vote gets tossed to the states, which is very possible, then those three states have 40 votes, making 275, five more than 270.

The only swing state that has a Democratic Legislature and a Democratic Governor is Michigan and yet it is a Swing state, because of the mercurial voters, especially the Muslim population.

In Pennsyltucky, the Republicans control the House but the Democrats control the Senate and the Governorship,

In Nevada the Democrats control the House and Senate but the Governor is a Republican

In Arizaona the Republicans control the House and Senate, but the Governor is a Democrat

In Wisconsin the Republicans control the House and Senate, but they have a Democratic Governor.

As of February 9, 2024, there are 23 Republican trifectas, 17 Democratic trifectas, and 10 divided governments where neither party holds trifecta control.

A trifecta: One political party holds the governorship, a majority in the state senate, and a majority in the state house in a state's government.

here is a list of trifectas"https://ballotpedia.org/State_government_trifectas

Of the trifecta's the only swing state with a trifecta is Democratic Michigan.

And the critical county there is Wayne County.

The 2024 election could be decided by the Supreme court, and we know how that will go.

The Arizona Republican state Senate passed SB 1014, which gives the legislature the power to ignore the voters and select their own electors, and has passed it on to the house. It takes a 2/3rds vote to override the Governors veto in Arizona.

But other states are looking at this bill as well.

None of the five swing states have a veto proof majority

https://ballotpedia.org/Veto_overrides_in_state_legislatures

GA and NC were once considered Swing states, as was Virginia, but since the 2020 Election the state legislatures have passed bills, that remove them from that category.

Expand full comment

Pa. now is Democratic with a majority of one seat.

Expand full comment

Thank you for your well researched informative response. I live in Oakland County, MI. I just signed up at Daniel Solomon’s suggestion to Field Team 6 to get people registered to vote. Maybe I should start in Wayne County since you stated it was “critical”?

https://www.fieldteam6.org/

Expand full comment

IMO Wayne County is very critical, as is Pennsylucky. Good job Marlo, maybe you can talk some sense into the Muslim community. They may be pissed at Biden, but if Trump wins, even it will get worse. Trump hates Muslims and is butt buddies with Netanyahoo.

Trump has threatened to deport Muslims, even second generation, and with SCOTUS in his back pocket and an obsequious congress he can do anything he wants

Expand full comment
Feb 10Liked by Thom Hartmann

Barely. The attorney for Colorado really dropped the ball. It’s very disappointing. I read the 25 historian brief and those by the six historians (this group includes Dr. Timothy Snyder and Dr. Ruth Ben-Ghiat both of whom have SubStack newsletters) and the former republican federal judge Lutteg. All seemed ironclad.

Expand full comment
author

Amen!!!!!

Expand full comment

Maybe we should send them the amicus brief! It seems they spent too little time on such an important, historical matter. Cutting off the CO attorney every chance they got. They obviously wanted to control what was said.

Expand full comment

If you follow Sheldon Whitehouse's various reports, it appears that the amicus brief business may also have become pay to play. According to Whitehouse, certain groups routinely file these and are linked to the groups that funded the confirmation campaigns, holidays, motor homes, and other benefits that seem to be a part of judicial life. Those briefs seem to get traction.

Expand full comment

At the start, at least one of the lawyers should have challenged the array.

"Illinois Sen. Dick Durbin, the chair of the Senate Judiciary committee, called for Supreme Court Justice Clarence Thomas to recuse himself from weighing in on whether former President Donald Trump can be removed from states’ 2024 ballots for his role in the Jan. 6, 2021, attack on the U.S. Capitol." https://ny1.com/nyc/all-boroughs/politics/2024/02/07/clarence-thomas-supreme-court-ballot-access#:~:text=Since%20the%20attack%20on%20the,committee%20investigating%20the%20Capitol%20attack.

https://www.supremecourt.gov/docket/docketfiles/html/public/23-719.html

Expand full comment

Exactly, Thomas should have been required to recuse himself if he would not.

Expand full comment

I don’t understand the thrall that tRump supporters are under other than that he is all their hate, fascism, racism, misogynistic ideology wrapped in one useful idiot package. Back in the 80’s -90’s when tRump was in the headlines about his infidelities and casinos, etc. it was clear what a POS he was. Then his comments after 9/11 regarding his building being the “tallest building in New York “ after the towers went down sealed the deal for me. But one political party is all in with this wannabe dictator/ mob boss and support his agenda to dismantle our democracy for the oligarchy. I despise this traitor and all his supporters to be blunt. The “both sides “ BS is slowly eroding the clarity of the present danger of fascist takeover of our country. Wake the FU Americans.

Expand full comment

Robert Hubbell captured the essence of the entire fiasco yesterday with the title of his commentary: “A pre-determined result in search of a rationale.”

It was shameful for the court, attorneys, and citizenry.

Expand full comment

Furthermore, "Congress has ALREADY disqualified Trump from the ballot" "The congressional votes regarding Trump should satisfy those who say we should "let the voters decide" rather than applying the Constitution and removing Trump from the ballot; the voters already decided. Our elected representatives convened, heard from both sides and voted that January 6 was an insurrection and that Donald Trump not only engaged in it but incited it. This was the conclusion of 232 of 435 representatives and 57 of 100 senators."

The Trump attorney claimed the OBVIOUS insurrection was merely "a riot". Then why did they pick that day to riot? Why did Trump direct them to go to the Capitol and "fight like hell!"? I noticed the Justices did not intervene when he spoke (unitil he needed "rescuing"). He planned it, he incited it, he engaged in it by directing them, KNOWING they were ARMED. And then he did NOTHING to stop the violence for nearly THREE HOURS while watching it on TV.

We all heard Trump demand votes and threaten the Georgia SOS, so he could win, AFTER he was defeated by Biden. To me it's a no brainer. Trump should NOT be on the ballot.

Expand full comment

But so many people are afraid to vote or can't as repugs have somehow got them purged. What a set of laws we have? Half of the laws are not enforced and the others are broken by broken men women.

Expand full comment

The fact that it seems none of the people working in any aspect of the government , elected or appointed, has a set of principles that can guide them in these decisions they are charged with.

The fact that the Supreme Court of the U S appears to be flying by ‘the seat of their pants’, instead of rational thinking and understanding of the straightforward Constitution of the U S

Expand full comment

Continued…when they have a tremendous power to right what’s wrong, they cannot do it.

Because the appear to be just as scared of Trump the criminal, as are the House Republicans and the Senate Republicans who knot themselves into contortions to escape Trumps wrath.

It’s pitiful.

The fact that no one bothered to give any merit to the reason for this question, the Insurrection, that we all saw with our own eyes on TV, is just fascinating.

Furthermore the fact that they all wanted to knot up the Fourteenth Amendment, particularly , part Three, was almost absurd.

I think a bright 6 th grader could explain to them what this means prior to twisting it up because of fear and politics.

I truly question whether anyone in government can have a clear mind when working in this country with Trump as a ‘ clear and present danger’.

Please, please get a grip and tell the truth. Bullies will melt if you pour water on them

Or oppose them with one element , the truth.

Expand full comment

Patricia SCOTUS is not flying by the seat of their pants they are ideologicallly motivated, and religion is a sectarian ideology.

Expand full comment

The Justices kept interrupting Murray (CO) when he was trying to get a point across. I felt they were abrupt, disrespectful and rude to him. They did not demonstrate that insulting behavior to Trump's attorneys. They wouldn’t be patient enough to listen to a history lesson. For something as important as this was rushed through in a few hours. Unbelievable!

Expand full comment

That’s par for the course in federal appellate courts. I observed the 6th Circuit Court of Appeals behaving disgracefully during oral arguments. Arrogance at the highest level. Perhaps this is why they do not want cameras in their courtrooms.

Expand full comment

I heard it though.

Expand full comment

Very well said Mr. Hartman. Those pusillanimous judges are very concerned about a possible future when future former presidents MIGHT be subjected to litigation. They are not concerned about a former president and now candidate who promises to be a dictator if he is in the White house again. A former president who encouraged a mob to engage in insurrection only four years ago. If, in the future a former president is challenged in court; then we can deal with that situation at that time. We have an obvious violation of the law NOW!

Expand full comment

Mr dobbertin. As you know six of the 9 justices are Catholics, three of the 6 were appointed by Trump, one of the six is a handmaid and drawing the logical conclusion, all six are enthusiastic supporters of a right wing theocracy, which Trump will deliver to please his base.

Trump seeks approval and adoration, and thus he will do anything to gain them, and will reward those who provide it, with anything but money., and of course punish those who reject and scold him.

I wonder is Kentaji Jackson is not afraid of him for the latter. Everyone inside the beltway is reading tea leaves and setting themselves up to survive Trump 47, even the talking head hosts on MSNBC, the one I've been watching is Ari Melber, and he is doing a 180, under the pretense of being legalistically objective.

Expand full comment

Yes Mr. Farrar 6 of the 9 judges are Catholic. I recall arguments I had years ago with Protestant Christian friends who were so eager to inject religion into our public institutions. "This would lead us into a more morally preferable world," they said. "And wouldn't this be better for all of us?" They asked. I told those Protestant Religious Fanatics way back then to check some census data and find out what is the biggest Christian denomination in America. What is the biggest Christian church in America? What religion has the most adherents in America? Which church is the richest in America? I told them they should be careful about what they wish for; they might get it. Well: they have. I also told those Protestant fanatics to read some history books about the Spanish Inquisition, and the subsequent, inevitable Official Papal Inquisition. They never did; in spite of the fact that there are many history books about The Grand Inquisition.

I wonder how many now agree when I say: Those dangerous fools like the Right Reverend, Most Holy Dr. Jerry Falwell and other wealthy, religious con men of his ilk did this county a bad turn.

Expand full comment

Many moons ago, Mr dobbertin, before over half of this planet had left their mothers womb, I remember distinctly Jerry Falwell and others of his Protesting ilk proclaiming that the Pope was the Antichrist and that Catholics were doomed.

The last person to be executed by the Inquisition was Cayetano Ripoll, a Spanish schoolmaster hanged for heresy in 1826. The Inquistion stopped inquisting people in 1834, by agreement with France, which was secular since 1789The Supreme Sacred Congregation of the Roman and Universal Inquisition still exists, though changed its name a couple of times. It is currently called the Congregation for the Doctrine of the Faith

Expand full comment

Have any of the justices considered what will happen if trump loses the election? The arrogance, fear, or indifference that allows them to so easily dismiss the Colorado appellate, may well open the doors to greater violence than the decision to remove him now.

Our institutions are failing, repeatedly, as will our democratic processes in totality if a Republican wins in November. And possibly, no matter who wins.

Expand full comment

This is exactly how fascists win because representatives and leaders are afraid of bring violence against them. They want to be safe and comfortable. Sadly, society cannot be made safe by not facing violence of maga or any other faction of society willing to bully members of their opposition. Violence will prevail as long as it is successful in getting them what they want. The focus still has to be placed on base campaigning with 3 or 4 economic issues and repeating the message daily.

Expand full comment

Do you really believe that economic issues will beat Trump? Do you really? It wasn't economic issues that made him 45, it isn't economic issues that have him ahead of Biden.

The folk at the low end of the economic scale, either gave up, don't or can't vote, they are not on the interwebs, the TV, they don't give a shit about the GDP or inflation. Those that have jobs and incomes, have enough spare change to splurge on iPhones, computers, ISP's, Cars, food and utilities. They might whine about inflation, even when it is going down, but they vote with their amygdala.

The corporations, the billionaires, the money powers that be, have a single minded focus, and that is the economy, the stock market, the GDP, because that is the source of their wealth, and their wealth is the source of their power.

People do't vote the pre frontal cortex, they vote the lizard brain, the amygdala, and that is why the Republicans have had their asses handed to them in 2023, the issue was abortion, people voted the lizard brain, and that is the only way to beat Trump in 2024.

Appeals to reason don't work. If you think that they do, then try to convert a Mormon missionary or a Catholic or Evangelical, try harder try to convince a Muslim that their fiaith is a fraud.

Expand full comment

You're right. It's the culture, stupid. Team sports.

I still think that we can motivate a Gen Z 40% of the electorate that does not follow the media. Channel Taylor Swift.

I belong to a DNC veteran's group. At the Legion, VFW, AmVets, the term "suckers and losers" are magic words. In my state 900,000 women did not register to vote in 2022. Trend 70% Democratic. https://www.fieldteam6.org/

If they are Gen Z and tenants the tendency is closer to 100% At a dog park, "trump hates dogs" has greater resonance than the fact he is a rapist, an insurrectionist and a Fascist. With religious fanatics, that he stole from kids with cancer,

Check this out: https://www.buildingbridgesforamerica.com/courses/say-this-not-that

How we win friends and influence "lumpen" people.

Expand full comment

I keep trying to nail the problem with the Democrats, and it is messaging and fear that the media won't like them, but I remember James carville's "It's the economy stupid" and the Dem's are caught in that mantra, as well as Rahm Emanuel's, "progressives are fucking retards"

I know that Nancy Pelosi is lionized, but she abhored progressives, She backed a legacy brat, a "moderate (conservative Dem congress critter) against a proven progressive Senator when she back joe Kennedy II against Sen Markey of MA.

She also backed a homophobe against a gay man.

Actions speak louder than words.

The party needs some fire breathers,if we are going to save our country and democracy from the fascist theocrats.

Expand full comment

Carville now says the answer is ridicule.

https://www.youtube.com/watch?v=ZEZJKpuljGY

How to mock Trump.

Expand full comment

My new name for him is DONALD QUACK 🦆!

Who and how would we spread the mockery? That he is a fat, stinking loser.

I would like to get a hold of all his school transcripts. I bet they have plenty to say. I wonder how many times he had to be disciplined? I wonder if he had people take his exams and write his reports?

Expand full comment

I saw that on TV. On this Carville is correct.

Expand full comment

Thank you! I just passed it on to my Admin in my political group “Defeat Trump”.

We need to reach people with a convincing message as well as get people registered to vote.

Expand full comment

When low information base Dem voters vote the Dem party wins. They did not come out in 2022 because the Dem party had no economic issues to tempt them into the polls and the Dem party lost the House. The culture issues are not sufficient alone. Base voters are not all engaged and look around a month or two before the election to see if the Dem party has anything they want to bother to vote for. Even when the party has but does not daily repeat the economic issues they promise the voters think nothing is being offered again and stick their heads in the ground not bothering to vote. So yes that is the only way to win. The Repubs do this campaign style and effectively repeat their messaging daily and get their base voters out. It works.

Expand full comment

90% of MAGATs vote contrary to their own economic and physical health.

If you don't mention Trump, take an inventory, they need their benefits. However, peer pressure, and the collective subconscious has to be overcome.

When you get an MMPI, the truth comes out.

Expand full comment

I signed up to register voter on:

https://www.fieldteam6.org/

GREAT IDEA!! With people like you, we have a good chance of winning!! 🇺🇸🇺🇸

Expand full comment

Funny Thom that when liberal judges go against your theories or whims that Trump or Putin or some nefarious cause has to be behind it. Personally I feel Trump should never be allowed to run again and should have been disqualified in the first election, but our floundering fathers left us with little recourse and our current Democratic leadership is so afraid of its own shadow its participating in genocide and proudly shutting down the southern border. Perhaps these liberal judges are more knowledgeable than you as they have not shown any fear of repercussions in prior decisions.

Expand full comment

What liberal judge? It is always about Putin, is it not.? You can't make a comment without it all leading back to Putin. Man you are as transparent as a sheet of clear glass.

Expand full comment

This is a very insightful piece. Thanks Thom

Expand full comment

I have lost what little bit of respect I still had for SCOTUS. Our Mad King Donald has pulled off his revolution with a lot of help, but it is nearly complete now. Cut to Putin LHAO. This is no longer my country, if it ever was, and I go back to the 18th century on my dear mother's side.

Expand full comment
RemovedFeb 10·edited Feb 10
Comment removed
Expand full comment

My understanding is that pols spend the bulk of their time focused on raising money for their expensive campaigns, rather than the well being of their constituents, unless they are charismatic grifters like our ex-president, who manages to raise funds by grifting his poor dumb true believers. Money corrupts and great amounts of money corrupt absolutely. I'm impressed with Liz Cheney's new book, "Oath and Honor", about her experiences in Congress and on the Jan. 6 Cmte.

Expand full comment

From the bit I heard on the radio, it sounded to me as though the focus was on states rights and is it permissible for a state to act unilaterally in a federal election. In this case I think I'd support the federal government Oven states rights. Out of ignorance I don't know the proper procedure to prosecute a federal officer for sedition to prevent them running as a candidate for becoming president. It just strikes me as a federal issue as opposed to the responsibility of one or more of the states.

Expand full comment

The theocratic six that decide issues before the court, are all for states rights when it comes to cultural issues, gun control and voting., and for federal control when it advances their ideological (theocratic) agenda.

Expand full comment

I have a different view on your comment. I interpret what you wrote as somewhat like comparing oranges and apples. What I mean is that I see choosing who represents the USofA as a nation at the federal level seeming to me to be^ very different than states having the right to decide how they want to organize and govern themselves as citizens residing in any particular state (how they want to nurture each other's wellbeing as state residents; their culture (the extent they want to allow their residents to kill each other (gun control); the extent they want to allow their male residents to control their female residents such as female bodies (abortion issues); the extent to which they want to allow, their residents to be fully informed and educated with the most honest information (censorship issues); the extent to which they want to share risks to health (universal health care), etc. In my opinion, the later are for the most part state issues, except where they violate the US Constitution as agreed by citizens of all the states as US citizens.

Expand full comment

States' rights in federal elections unless hanging chads are involved. They are playing fast and loose with whatever suits their agenda.

Expand full comment