66 Comments

The Republican Party, in all its iterations, has worked diligently for decades to destroy democracy. It began when Nixon was pardoned rather than prosecuted. Reading through Thom’s excellent recounting of the many violations of Constitutional law, we witness the partisan influences of one political party that has progressively reshaped our institutional landscape.

Expand full comment

I really hope the six bought and paid for read the friends of the court briefs submitted by the 25 historians, the 6 historians (this group includes Dr. Timothy Snyder and Dr. Ruth Ben-Ghiat both of whom have SubStack newsletters), BRIEF OF AMICI CURIAE J. MICHAEL LUTTIG, and BRIEF OF CAPITOL POLICE OFFICERS PRESENT AT THE U.S. CAPITOL ON JANUARY 6, 2021, AS AMICI CURIAE IN SUPPORT OF RESPONDENTS.

They are all ironclad for disqualification. Trashes the falsehood that Congress determines if tRump is qualified under Section 3. Trashes the falsehood that Section 3 is not self enforcing. Trashes the falsehood that tRump had 1st Amendment protection. Trashes the falsehood that it wasn’t insurrection.

Any decision or opinion from any of the six in favor of tRump, no matter how they write it, will be a blatant misinterpretation of the Constitution and far worse and much more obviously political than Bush v. Gore.

Expand full comment

Bingo! You've finally figured out that Trump and the GOP are trolls for Putin.... Gullible Party Of Putin... GPOP

Expand full comment

All that swearing on the bible to "tell the truth, the whole truth and nothing but the truth, so help me God" doesn't seem to be working very well.

Expand full comment

I remember this decision in 2000.

I was 49 yo and furious, by this obviously crooked dealing. It was a totally biased and “ Blind to Justice” ruling of the alleged ‘ Justices’ and Bush’s legal team .

My view of the Court since that time , has been always apprehensive.

If people appointed by the real fake president, and the Republicans who have established themselves as the ‘highest bidders’ have continually been accepted with all of their insolent refusals to recuse( Clarence Thomas , again) . As Justice??

Clearly not true.

Unfortunately the victimhood that Trump cloaks himself in is a joke.

Democrats have truly been brutalized by this corrupt system . The response has been subdued by inevitability of the system of “ bought and paid for” by Republicans, but it should not be accepted any more . Being the party of “reasonable “, has not served us well. I’m not looking for the absolute ignorant audacity of Gov Abbotts responses to orders he doesn’t like and plans to ignore.

But I do think it’s past time to come up with something akin to audacity in Democrats.

We need to stop these destructive people.

Expand full comment

What a question. A Supreme court with six right wing justices, three appointed by Trump.

The conclusion is foregone, especially when the fascist court has ignored law and precedent like Voting Rights and Roe.

Expand full comment

It looks like the Supreme Court of the United States is poised to take away states rights with regards to voting and the Constitution and to allow a criminal insurrectionist to run for public office anytime that person wants. If that's the case it's a terrible decision. It's another Bush versus Gorge decision that's going to run the country into the ground and into a religious dictatorship.

Expand full comment

I remember how I was in rigid stance, waiting for Gore and the Democratic Party to strongly contest this insult to American jurisprudence, an insult that was purely plain to publicly see; I sat down, collapsed, completely dispirited, when I saw Gore and Democratic company concede without even a reactive whimper. Democrats, true to form, posturing sanctimonious, chin-high virtue in their victimhood, stepped aside, and afterwards said incongruently little about this feral attack on legal integrity. Their postured offering for excuse was, of course, the hallowed passing of the baton, even when political malfeasance and mendacity were clompingly afoot. Republicans have never and will not ever take that abstract, bumpus highroad; if the Democratic Party continues to do so--even when almost nobody at this stage of the game can claim ken to that pious crap, they will hand America over again, this time to assured fascism. Recommend sending knives to all Democratic reps, and remind them they are in the knife fight of our lives. Not to the old fossils, though, they don't know how to fight this fight, or have $ reasons to posture pure and sit it out.

Expand full comment

Agreed, sadly. I started my efforts to ensure that a vote count is transparent, verifiable and verified as a result of this court disaster. Would we have had the disasterous Iraq/Afghanistan wars if the court had decided on the merits? Would we be seeing the results of climate change in real time? Would women and others be losing their rights? Would environmental protections be rolled back? It's such a tragedy that we are in this mess, and that the Democrats haven't done more to protect our elections. They tried at the federal level but failed due to Manchin. But at the state level, like my state New York, they keep repeating the mantra "our elections are the best ever and safe and you can believe in them", which would only be true if they made the needed reforms to election law.

Expand full comment

I wonder how SCOTUS will decide THIS election.

Expand full comment

The court will grant Trump's appeal. He will not be kept off of the ballot, mainly because he has not been convicted of "insurrection" per se. Not that the white-wing court needs a legal excuse, but that is one and will be paramount in their decision. Those who want to put forth their feelings, thoughts and opinions on January 6, 2021, have never litigated a case and have no clue as to how brutal the courtroom is...let alone a corrupt and biased one. Trump remains on the ballot and, just to exhibit my supreme confidence in this regard, I will never write another column, I will drink muddy water and sleep in a hollow log, I will eat shit and bark at the moon if his appeal is denied.

Consider that a public pronouncement.

Expand full comment

The supreme court acts in accord with its majority despite the law. I too will be willing to be surprised in the present majority in following the law rather than their open political desires. The fact is the role of the supreme court in these matters is no role. State officers determine candidacy legal rights and the ONLY appeal is the senate as a court to vote on pardon. Nothing else matters even the supreme court.

Expand full comment

If oral "arguments" are any indication, this will be far, far worse than Bush v Gore. The 3 Democratic nominees seemed unwilling to drag their feet, let alone jam on the brakes. I fear a unanimous, "It's OK for trump to run / hold office," and without the veil of a, "Don't you dare ever use this as precedent," disclaimer. Little hope for a scathing dissent like Stevens'.

Expand full comment

Quite gobsmacked at the extend of that rotten and corrupt Gop and scotus. And America is still giving lessons to other countries about "free and fair elections"! Ha ha ha... And America is still mixing with other countries systems and decisions. How presomptuous, shameful and ridiculous. There is no hope and no future with those republicans. It remains the wild wide west. A bunch of disgraced bullies who care only for their own selves. Pew!

Expand full comment

It looks like the Supreme Court of the United States is pleased to take away states rights with regard to voting and the Constitution and, to allow Criminal insurrectionists to run for office anytime that person wants. If that's the case it's a terrible decision. It's another Bush versus Gore decision that's going to run the country into the ground and right into the hands of a religious dictatorship.

Expand full comment

Doesn't the Koch Network have a few levers with this Court? They supported Haley, and this may be their chance to get "the Donald" out of the way. She may be more controllable and have a better chance to win the election. Either way, they win with this case to see who is the Putin Puppet.

Expand full comment