If you thought that today’s hearing on a claim of absolute immunity by the likes of Donald Trump was a chance for the court to get beyond its three liberals on one side and six conservatives on the other set-piece, you’ve got another think coming. The big question answered today was this one: Did the Constitution establish three branches of government as we’ve understood it for nearly 250 years, or just two? The answer, according to at least five of the Republican conservatives on the court, was a resounding TWO!
"That seemed to be the argument made by at least five of the conservative Republicans on the court."
Can we please stop referring to these extremist radicals -- on the Court and in Congress -- as "conservatives." They wish to destroy our Constitution, not conserve it. They wish to destroy our rights, our democracy, our health, and our planet, not conserve them. To call them conservative plays into their hands, making them seem anodyne. The Democrats are the conservatives in this country, as they try to save it from destruction by the Republicans.
Apr 26·edited Apr 26Liked by Lucian K. Truscott IV
Today five of the conservative Supreme Court justices completely and utterly disgraced themselves. We already knew it's an existential requirement that the voters give Trump a drubbing in November. Until today I was thinking although it's very important that Democrats keep our Senate majority and if possible expand it, and if at all possible, take back the House, those are now existential goals, too. We need to be in a position to impeach at least "Justice" Clarence Thomas, for being nakedly on the take. And that requires that the Democrats run both houses of Congress, so the House can pass articles of impeachment and the Senate can not only try him but if it's supported by the evidence, convict him. (Of course the evidence will support conviction.) We also need to increase the Democratic majority in the Senate, chuck the fillibuster, and eliminate some other strangling Senate rules. That would put Democrats in a position to appoint additional justices to the Supreme Court. We absolutely need to break the unethically installed Trump super majority. They are clearly intent upon using their positions to do everything possible to set the stage for the election of a radical religious fundamentalist as president. And they are doing their damnedest to ensure s/he will have the unfettered ability to remake our democratic, constitutional, pluralistic republic governed by the secular law, into a religiously dominated, punitive, white nationalist autocracy governed by fundamentalist Christianist beliefs and rules.
First of all, the tired argument that a president must be impeached and convicted before going on trial has already been rebuked and proven wrong. The insurrectionist on appeal is using only one part of the law to justify his appeal ... the conservative justices are looking for a way out. I cannot believe that one side is constrained by the most picayunish interpretation of law into saying that a violent uprising against a legal government process cannot be prosecuted and that a president who has lost an election is somehow given the benefit of the doubt despite all of his actions prior to and on the day of 6 Jan. Finally, has anybody thought to ask why Trump simply did not stop the rioters that day?
Well, so much for the yowling about "textualism" and original intent" we've had to listen to from the fascists on the Court. The Founders did not want a king, but this Court seems determined to shove one down our throats, the Constitution be damned. I particularly despise Alito, the woman-hating witch burner, Thomas, the fat corrupt pig with the equally corrupt sow of a wife, and Gorsuch, who is hell bent on getting revenge for Anne, his nasty and evil mother. I am terrified of what the future holds with this Court reigning unchecked and Trump back in office. Too old and too poor to escape, so I guess I'll just have to find a way to fight back.
I listened for about 20 minutes and what I heard was making me sick. It sounded as if some justices already knew what they were going to decide and were simply looking for ways to justify their decision. I also heard someone - Chief Justice Roberts? - cutting off justices who were speaking. I really never thought I'd see leaders of our judiciary eager to overthrow our democracy.
Do Alito, Thomas, Gorsuch, and Kavanaugh really think Trump/MAGA won't go after them personally for the least perceived infraction? Do they really think the Supreme Court is immune from Trump/MAGA and even more extreme right-wing extremists? Ha!
Apr 26·edited Apr 26Liked by Lucian K. Truscott IV
If they go along with this Biden should immediately have them arrested and deposed and appoint his own justices, as well as every Congressman and Senator that voted to overturn the election, comity be damned.
Chief Justice Roberts is reportedly discouraged with the low estimate most Americans now have of SCOTUS, yet does nothing to pull his Court out of the dregs. The fact that Thomas didn't excuse himself from this case only damages the Court more. Alito wasn't a danger when he painted himself into the loony right wing corner until Gorsuch and Kavanaugh joined him and Thomas, all thanks to Mitch McConnell. Why they want to lose their reputations by backing the Bloated Yam beats me.
On this or any other day in the reality based community, Barrett is nothing but a stooge, woefully out of her depth and educationally impaired. Her "church" is called "People Who Praise" if you read about it you'll need at least a dozen roll-aids taken beforehand.
Putin is a prime example of a president who has absolute immunity, - same - in N. Korea, Chane too for that matter. Is that what the conservative Supreme Court justices want for the United States? If so they should all congregate on the steps outside and publically tear up a copy of the constitution.
Trump, if elected again could sell top secret national defense documents to his pal Putin and have no fear of prosecution, He could even rob a bank to pay all his fines and legal bills. Or maybe maybe order a few million dollars in gold bars to be delivered to Mar A Lago :)
But my guess is that no decisions will be made to distinguish the difference between official acts and non-official acts, but will allow some limited immunity to abvious official acts as covered in Lucian's article per the constitution. We'll see...
As someone who practiced in federal courts, including at the supreme court, for over 40 years, I can only say I'm distressed and horrified. At one time, before Rehnquist and Scalia, there was hope that SCOTUS would find a way. By 2010 the discussion was how to avoid being there. A very dark day for our democracy and hope for the future. Jamie Raskin said it on MSNBC tonight, the only answer is to organize and vote in November.
Justice Jackson seemed to be the only one asking coherent, pertinent questions. The rest to me were going through the motions, throwing out red herring questions to make it look like there was an actual decision to be made here. If this Court does anything other than reject the appeal by Trump 9-0 we are in real trouble.
"That seemed to be the argument made by at least five of the conservative Republicans on the court."
Can we please stop referring to these extremist radicals -- on the Court and in Congress -- as "conservatives." They wish to destroy our Constitution, not conserve it. They wish to destroy our rights, our democracy, our health, and our planet, not conserve them. To call them conservative plays into their hands, making them seem anodyne. The Democrats are the conservatives in this country, as they try to save it from destruction by the Republicans.
When they vote 5-4 for complete presidential immunity, Joe Biden should get a gun and shoot Adjudicated Sexual Assailant P1135809 in full public view.
Today five of the conservative Supreme Court justices completely and utterly disgraced themselves. We already knew it's an existential requirement that the voters give Trump a drubbing in November. Until today I was thinking although it's very important that Democrats keep our Senate majority and if possible expand it, and if at all possible, take back the House, those are now existential goals, too. We need to be in a position to impeach at least "Justice" Clarence Thomas, for being nakedly on the take. And that requires that the Democrats run both houses of Congress, so the House can pass articles of impeachment and the Senate can not only try him but if it's supported by the evidence, convict him. (Of course the evidence will support conviction.) We also need to increase the Democratic majority in the Senate, chuck the fillibuster, and eliminate some other strangling Senate rules. That would put Democrats in a position to appoint additional justices to the Supreme Court. We absolutely need to break the unethically installed Trump super majority. They are clearly intent upon using their positions to do everything possible to set the stage for the election of a radical religious fundamentalist as president. And they are doing their damnedest to ensure s/he will have the unfettered ability to remake our democratic, constitutional, pluralistic republic governed by the secular law, into a religiously dominated, punitive, white nationalist autocracy governed by fundamentalist Christianist beliefs and rules.
First of all, the tired argument that a president must be impeached and convicted before going on trial has already been rebuked and proven wrong. The insurrectionist on appeal is using only one part of the law to justify his appeal ... the conservative justices are looking for a way out. I cannot believe that one side is constrained by the most picayunish interpretation of law into saying that a violent uprising against a legal government process cannot be prosecuted and that a president who has lost an election is somehow given the benefit of the doubt despite all of his actions prior to and on the day of 6 Jan. Finally, has anybody thought to ask why Trump simply did not stop the rioters that day?
The Roberts court has all the markings of going down in history as the Roger Taney Court (Dred Scott) and Melville Fuller Court (Plessy v. Ferguson).
I fucking love this column. I really do.
Well, so much for the yowling about "textualism" and original intent" we've had to listen to from the fascists on the Court. The Founders did not want a king, but this Court seems determined to shove one down our throats, the Constitution be damned. I particularly despise Alito, the woman-hating witch burner, Thomas, the fat corrupt pig with the equally corrupt sow of a wife, and Gorsuch, who is hell bent on getting revenge for Anne, his nasty and evil mother. I am terrified of what the future holds with this Court reigning unchecked and Trump back in office. Too old and too poor to escape, so I guess I'll just have to find a way to fight back.
I listened for about 20 minutes and what I heard was making me sick. It sounded as if some justices already knew what they were going to decide and were simply looking for ways to justify their decision. I also heard someone - Chief Justice Roberts? - cutting off justices who were speaking. I really never thought I'd see leaders of our judiciary eager to overthrow our democracy.
Do Alito, Thomas, Gorsuch, and Kavanaugh really think Trump/MAGA won't go after them personally for the least perceived infraction? Do they really think the Supreme Court is immune from Trump/MAGA and even more extreme right-wing extremists? Ha!
So paraphrasing a FB meme I saw about SCOTUS on Presidental power:
- Forgiving student loan debt? NO!
- Mandating vaccines in a pandemic? NO!
- Climate change regulations? NO!
- Staging a military coup? Maybe.....
Seriously, what planet is this?
This Court is corrupt. Full stop.
If they go along with this Biden should immediately have them arrested and deposed and appoint his own justices, as well as every Congressman and Senator that voted to overturn the election, comity be damned.
Chief Justice Roberts is reportedly discouraged with the low estimate most Americans now have of SCOTUS, yet does nothing to pull his Court out of the dregs. The fact that Thomas didn't excuse himself from this case only damages the Court more. Alito wasn't a danger when he painted himself into the loony right wing corner until Gorsuch and Kavanaugh joined him and Thomas, all thanks to Mitch McConnell. Why they want to lose their reputations by backing the Bloated Yam beats me.
On this or any other day in the reality based community, Barrett is nothing but a stooge, woefully out of her depth and educationally impaired. Her "church" is called "People Who Praise" if you read about it you'll need at least a dozen roll-aids taken beforehand.
Putin is a prime example of a president who has absolute immunity, - same - in N. Korea, Chane too for that matter. Is that what the conservative Supreme Court justices want for the United States? If so they should all congregate on the steps outside and publically tear up a copy of the constitution.
Trump, if elected again could sell top secret national defense documents to his pal Putin and have no fear of prosecution, He could even rob a bank to pay all his fines and legal bills. Or maybe maybe order a few million dollars in gold bars to be delivered to Mar A Lago :)
But my guess is that no decisions will be made to distinguish the difference between official acts and non-official acts, but will allow some limited immunity to abvious official acts as covered in Lucian's article per the constitution. We'll see...
As someone who practiced in federal courts, including at the supreme court, for over 40 years, I can only say I'm distressed and horrified. At one time, before Rehnquist and Scalia, there was hope that SCOTUS would find a way. By 2010 the discussion was how to avoid being there. A very dark day for our democracy and hope for the future. Jamie Raskin said it on MSNBC tonight, the only answer is to organize and vote in November.
Justice Jackson seemed to be the only one asking coherent, pertinent questions. The rest to me were going through the motions, throwing out red herring questions to make it look like there was an actual decision to be made here. If this Court does anything other than reject the appeal by Trump 9-0 we are in real trouble.
9-0 against Trump is my prediction.