176 Comments

Roberts and his gang are laying down the tracks for a runaway train of autocracy, where future presidents can commit crimes without fear of consequence. They’re not just bending the law—they’re breaking it, reworking the very fabric of our Constitution to suit their twisted ends. It’s a masterclass in judicial doublespeak, designed to baffle and confuse, while systematically dismantling the checks and balances that keep tyranny at bay.

We’re witnessing the construction of a legal fortress around the rich and powerful, with Roberts as the architect. Every decision, every twisted rationale, is another brick in the wall separating the elite from accountability. This isn’t jurisprudence; it’s a coup in slow motion, a sinister plot to rewrite the rules of the game in favor of those who already hold all the cards.

Wake up, America! This is an all-out attack on our freedoms, a deliberate march towards authoritarianism with the Supreme Court leading the charge. We can’t afford to stand by and let this happen. The time to fight back is now, before this fog machine blinds us all to the grim reality of our disappearing democracy.

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We are experiencing a legal coup right now.

Ask the women who’ve bled out because of the lack of bodily autonomy how bloodless it is.

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TRUTH!

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I'm terrified and feeling utterly helpless. Too old and too poor to leave the country. The Supreme Court is the legal arm of the coup and has put the final nail in America's coffin. Damn the weak and cowardly Democratic "leadership" for sitting on their asses and doing nothing to stop this for the last thirty years.

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It's important to damn the weak and cowardly Republicans who caved and continue to cave to Trump and MAGA, and even more importantly, to their major campaign donors, including those giving "gratuities" - aka bribes- to SCOTUS and funding Project 2025.

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That's a given. The Republicans have been working toward fascism since the New Deal and have finally achieved it. I am enraged that the Democratic Party did nothing but play footsie with the right for too damn long.

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My guess is there's so much political cynicism and living in in-the-DC-bubble that everyone just got used to going along to get along. I wonder if anyone really believed the anti-democracy bloviating from the far right; perhaps they knew how much the phony populism of the John Birchers, the NRA, and even Rupert Murdoch and Fox News was a huge, nearly endless cash cow.

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Evidently nobody bothered to study German history. No one took Hitler seriously either, until it was too late. And I fear that it is now almost too late for us.

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Oh Linda, in America only those annoying elites study history.

Most of the enablers think they can control or manage the authoritarian leader - look at the people who tried that w/ Trump. It wouldn't surprise me if Trump turns on Leonard Leo, Elon Musk, and even Timothy Mellon who just donated $50 million to a super PAC supporting Trump. Trump will likely work to acquire their wealth for himself. He has to be THE richest.

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The German oligarchs thought they could control Hitler. And we know how that worked out.

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Pretty sure you nailed it.

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I really believe Drumpf thinks all that donated money is going in his pocket.

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Self-interest is a sure-fire way to split up a nation: It's us vs. them!

By oversimplifying complexity and repeating "the big lie", it becomes a mantra, lulling the acolytes into a religious fervor. "True Believers" don't need proof. Just pour on the SOMA and voila, it 1984 all over again.

You're biggest fear sells the most Barf-tickets!

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You don't even have to study, as that might be too hard for most people. Just watch the recent documentary, "Hitler and the Nazis." The Trump comparisons are unavoidable and so obvious.

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Let's not leave Stalin out of the party. This guy had a special passion for eliminating his loyal followers!

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I managed to leave but am still sick over what is happening in the US and know that if the orange monster prevails it will be the end of the world as we know it.

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At least you're out of immediate harm's way.

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Living in Europe is not making me feel safe anymore, look at fascism rising everywhere here, my friends are from all over and all lamenting the downfall of democracy. France, Germany, Finland Italy the list is too long, god help us all.

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Yep, say hi to

Le Pen

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Omg

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The whole world is at stake.

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Thanks to ONE MAN!!! My God!! We have had all our lives turned upside down by this crazy person for eight years and no end in sight!!! And not just the US!!

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U in France

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I too am too old and to poor to go elsewhere. This attack on the constitution is something I never foresaw back n the days of protesting for abortion rights, civil rights and equality for women. I am beyond sad.

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I am 74 years old and never thought I'd be living my last years under fascism. I spent most of my life actively working for social justice - how soon will they come for me?

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Excellent question.

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They're still living in the 70's it seems with their post Nixon glow.

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So now we know Nixon was right: When the President does it, it’s not illegal.

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I don't know that I'd put it quite that way. Although the court tried to put an Originalist time stamp on it from 1789 that's clearly bogus as the folks back then had no such thoughts. This was a coup. IMO, no coup is legal especially one such as this one upturns the intent of the people. This puts not only the Judges at risk.....coup leaders are usually incarcerated or worse....but it puts anyone seeking to take advantage of that coup at risk as well. I'm pretty sure the 5 smart boys plus ACB never thought about that but all need to be careful in the weeks ahead. Coups are nasty things. And a peoples Democracy has an obligation to protect itself. Stay tuned....RMN be damned.

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Didn't Nixon revise that statement later?

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Nixon did, indeed, revise his understanding of "If the president does it, it's not illegal." He got to spend a lot of time alone at San Clemente, thinking about that.

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Strong post Brother Truscott. A majority Democratic Congress in 2025 must take as its first order of business the passage of a law LIMITING THE JURISDICTION of the Roberts Court. Right after the Civil War when the Republicans (remember when they were the "good guys"?) refused to seat the ex-Confederates sent to Congress in 1866 and began to pass legislation that led up ultimately to the 14th and 15th Amendments --- that legislation included military occupation of the South until they ratified the 14th Amendment and permitted ex slaves to vote --- and even after that the troops remained there to protect the Republican coalition governments --- TO make sure the same Supreme Court that wrote the horrendous Dred Scott decision had no chance of interfering with the Radicals' Reconstruction --- Congress just said --- YOU HAVE NO SAY IN ANY OF THIS.

I think that should be on the agenda of the Democratic Majority in the next Congress --- which of course is a very good reason for all of us to work our asses off to make sure the dems HOLD the Senate and get rid of that MAGA majority in the House ---

Examples --- THE SUPREME COURT HAS NO SAY in determining the ability of regulatory agencies to .....(duh) SET REGULATIONS ---- THE SUPREME COURT HAS NO SAY in determining the so-called "constitutionality" of voting rights legislation -- etc. etc.

Thanks for keeping the anger quotient high --- we have to be all in for the next four months ---

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Wow. How satisfying would it be to see these ideas spread! I can absolutely see Lawrence O'Donnell sinking his teeth into them and persisting. Anyone have a channel to him? Although experts say that the Senate is nearly impossible, electing Democratic majorities to both bodies is crucial.

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I couldn't buy my way onto one of those shows.

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Really? That's a shame. I would love to see you go on the teevee and tear it up, Lucian!

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You probably just answered your own and Janice's question—i e, they don't like surprises.

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Well, dang. I would think that avoiding boring programming might be a priority…

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Unpredictability from a guest unwelcome. Think control. My guess. Only Lucian can say for sure.

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WHY?

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I'm convinced a newly-empowered Drumpf, protected by his Ringwraith justices and his lickspittle GOP party, will simply "officially" arrest any brave legislators who dare defy him on bogus charges like "enemy of the state," "plotting acts of terror," etc. Just like all autocrats do when threatened. I don't count on even a Democratic-controlled Congress (if such is even a possibility now) to stop Drumpf. He's been made untouchable to all previous norms that held up until the court overturned the American revolution.

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Yeah but how about "anger" as "justifiable moral outrage on a range of expressivity," anger is a self-destructive burnout trip, man.

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There are worse things, Richard, don’t you think? Let’s call it outrage at the blatant theft of our rights?

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Worse than a "self-destructive burnout trip"? It ends up blurring your judgment and wasting useful energy better used chanelling "the outrage at the blatant theft of our rights" into some creative or totally obvious battles against the Chief Perp and his perverted neo-fascist enablers, that's my argument.

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You always have my respect Richard. A unoriginal

Thought on my part, but think considering what motivates action not relegated to the streets. Experience at the antiwar demonstrations in 1960 and 70s outrage is what did I see what brought substantial (planned) groups of people (old and young) together to form the kind of visual that gets the attention of the media as well as ensconced political forces that would otherwise happily ignore the voices speaking out. Maybe it was the volume of noise that disturbed their ears, I don’t know.

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Thanks Patris, all I am doing is reconfiguring the way we think about the intense emotions involved.

I think we can be somewhat casually "angry" about acts and events that hardly rise to the level of experiencing "justifiable moral outrage." Maybe it begins with raw anger but over time and with reflection, it's somehow much more serious, sustained, determined, and available for channeling into creative pushbacks. Either way it needs to avoid turning into the self-destructive emotional burnout trip, come to think of it, that's a Trumpian thing!

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Yes Richard. It’s absolutely necessary to react in a considered way to the baiting that crass stupidity elicits.

You are right that we shouldn’t degenerate to his level.

Yet in keeping with the threat he poses so unashamedly, being loud in disgust is warranted too. At least I think so.

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Thank you for your assessment, Lucian. As you say, "This is an all-out attempt to drive this country into authoritarianism with the Supreme Court authoring the system, enabling future presidents to serially commit crimes, and sitting there ready to make new rules to run their corrupt system when needed."

The coup is happening, following the Project 2025 blueprint (Project2025.org) and the absurd rulings by SCOTUS's reactionary majority of 6.

Here's a helpful, if understated, illustrated video about Project 2025. https://www.youtube.com/watch?v=vYXZ6iJJSgM

ALL of us need to get active NOW to elect Democrats for every elected office in every election, probably for the next 10-20 years. We must persevere to get rid of the toxins and toxic people in our governance and to defend our democracy from authoritarianism, bigotry, and corruption. We must prevail.

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10-20 years? I don’t think so. It will be a generation or more, if ever, for the US to get back to where we were before Dobbs unless people wake up and the Dems stop floundering.

When will people understand that the GQP is playing by completely different rules and laws?!

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I think we’ve noticed, but I also think it took a hell of a lot.

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Laurie, thank you so much for that illustrated video! I believe many people should see this and absorb everything the R’s are hankering to do to our government and to us. I plan on sending it out.

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Marlene, like you, I'm retired, have a psych degree, and wish I'd majored in poli sci, too. Though back then, it was a Hallmark/Disney version of political science, government, etc. Way detached from the reality of human behavior.

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Yep, ain’t that the truth!

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A friend had sent me the link, Marlene. Like so many others, I'm trying to make things better in the face of such evil. I just did a special edition of our local Indivisible newsletter focused on Project 2025 and the recent SCOTUS rulings. I hope people are becoming more aware of the danger.

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I hope so too, Laurie. I already sent it out to everybody I know. My friends are going to get tired of me because I am constantly sending them things that should open their eyes.

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The Neurenberg Laws authorized antisemitism at the onset.

Ever act of genocide was legally authorized. Many of the documents were encoded in euphemisms that obscured the actual intent. Even the election of Adolph Hitler was authorized.

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Shared it on Facebook!

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The U.S. is alone, among the G7 or even the larger cohort of liberal democracies in the world, in not having an independent judiciary. Alone. Let that sink in.

I remember in a course on constitutional law, in college, decades ago, thinking that if our democracy were ever overturned by some sort of quasi-constitutional coup it would most likely be through a rogue Supreme Court.

I also comforted myself, mostly, by considering how unlikely it was that we’d have a court majority ready to jettison democracy, and follow a fuehrer’s demands. What a failure of the imagination.

We have the functional equivalent of a Volksgerichtshof, which served its purpose from 1934-45. The Soviets had their equivalent, even called a “Supreme Court” just like trump’s. All reliably twisted truth, logic, precedent, and law to serve their masters’ interests…at the blatant cost of the people’s interests, and values.

What’s most staggering to me is how cheap it was to pull off. Eg, it appears all Clarence wanted were fancy trips and a camper trailer to sustain his illusion that he’s a fancy person. So sad.

It’s up to us now to summon our inner Churchill and turn this darkest hour to our finest. I don’t think we’ll have another chance as good as November, and even a strong win then will be ferociously fought by the anti-democracy forces. Tenacity and courage is what we must show.

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It was just in a freshman college class but I also recall discussions about the possibility of what could happen with a rogue Supreme Court. (This was back in the days when essay test answers were written in little lined booklets with blue covers.)

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So much for "It can't happen here." It is happening here, and nearly as fast as it happened in Germany 90 years ago.

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Lucian, unlike the actual SCOTUS opinions, your description of them and their impact is clear and on point. With the immunity decision, basically every single thing a President does, at any time, will be considered part of his/her "official duties." That is not just qualified immunity - that is absolute and complete immunity, and despite Scharf's pretzel-like illogic, a President could indeed order Seal Team 6 to do in an enemy of the state, whether that person is a foreign terrorist or a domestic political rival. There are no longer any brakes or guardrails on the Office of the President, so we once more are being ruled by a king. On this July 4 eve, that is particularly horrifying and completely despairing.

Further, your concluding comment, that "[w]ith the Dobbs decision and this week’s move to grant Trump immunity, this Supreme Court is mid-stride on its way to bringing about the end of our democracy," is wrong. These SCOTUS decisions and the others this week and last week have ALREADY brought about the end of our democracy, as we knew it. I don't think that average Americans quite grasp that yet.

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I want to point out an inconsequential error that Lucian made; non-lawyers are free to ignore it. He writes, "Even Justice Amy Comey Barrett pointed out in a dissent from the Roberts opinion – from the opinion but not from the 6-3 vote, mind you. . . ." She did dissent from the vote on section III-C, which held that official acts that cannot be prosecuted cannot be used as evidence in the prosecution of unofficial acts. That means that the vote on section III-C was 5-4, not 6-3. Again, this makes no difference, but I want to set the record straight.

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So under this it would be OK for the present president to have the former president assassinated because he presents a clear and present danger to the viability of the democratic institutions of the Republic? Oh, unless some junior officers decided it was a violation of the Universal Military Code of Conduct?

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It's that extreme, in theory at least.

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Ridiculous, isn't it?

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Nope. They covered that option by also setting themselves up as the last word. Tyranny in plain sight.

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Brilliant and spot-on as always, Lucien. These people and their evil plan must be stopped. We are dangerously close to losing our country. So many of our citizens are brainwashed by Fux News, hate radio, and now even the Huffington Post and Raw Story. I noticed Shitler's lawyer said, "We believe" a lot, which means nothing other than to confirm it's a CULT.

Everyone, support Joe Biden. He is the Democratic nominee and has been doing an incredible job as president during some very difficult times. Thanks to Shitler's mismanagement, four years ago we were using refrigerator trucks as morgues, schools and businesses were closed, and there was no toilet paper. Joe had ONE bad night when he should have been home sick in bed and the jerkhole media will not give up the BS demands for him to step down, but no one (other than the Indianapolis newspaper) has said Shitler should step down. Besides, if anything happens to Joe, Kamala is ready to take over. VOTE!

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Yes it's been a week now and the "jerkhole media" (great phrase) won't move on. CNN is too busy trying to prop up their debate moderators by prolonging the debate stories.

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Goodness my head hurts and I haven't even finished my second glass of Scotch ....

The unethical behavior, intellectual and moral corruption is just staggering.

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They certainly have been slowly building on their plan…while no one was paying attention and getting loud mouth Trump to be the spokesman was brilliant in a very sick way

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Hillary was paying attention:“You know, to just be grossly generalistic, you could put half of Trump’s supporters into what I call the basket of deplorables. Right?” Clinton said. “The racist, sexist, homophobic, xenophobic, Islamaphobic—you name it. And unfortunately there are people like that. And he has lifted them up.”

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Yes indeed. Whoever writes the history of these times -- if writing honest history is still permitted -- might title it WHILE DEMOCRATS SLEPT or maybe WHILE AMERICANS SLEPT.

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The latter more so than the former. Sen. McConnell is responsible for altering the Court mix with his -2 +2 maneuver. Under long held tradition the Court today would have 5 Justices nominated by D presidents to 4 Justices nominated by R presidents. Toss in McConnell's abuse and misuse of cloture and the fillibuster and this nation would be in a different place.

Nothing Trump did in his 4 years was more destructive to norms, traditions, and the general welfare than McConnell did as the R Senate Leader.

During their televised confirmation hearings Roberts, Alito, Kavanaugh, and Barret ALL responded to the same standard question of whether a president is above the law. Each answered and included an explanation of their answer.

Rather than list them all because they ALL said the same thing, here is Kavanaugh (begin at 1:20 or so)

https://www.youtube.com/watch?v=KxqNyflN2xU

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This is so important! For so many people the problem is Trump Trump Trump. No no no. Trump is canny, but he's not a long-range planner. McConnell and Leonard Leo and a few others whose names I don't know -- they do think long range. But they weren't capable of riling up the masses. Bush II wasn't either. Trump was and still is. Can they keep Trump and his MAGAs under control? That's the question. Me, I wouldn't bet on it, but I also wouldn't be surprised if Trump exited stage right in the not-too-distant future.

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It's inevitable that the power brokers will tire and/or use up their creation.

Signed Doc Frankenstein IX

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Yes, and LOL.

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Or he will turn against THEM - SCOUTUS included...that would be an epic battle.

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Agree, can go iithah direction at any time

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Right! The big liar just passed nominees' names from Leo to McConnell. McConnell put them in their seats.

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Don’t you wish for Mitch to permanently freeze up?

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I thought Mitch /had/ permanently seized up. What a pitiful excuse.

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For decades, Lesly.

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25 years in the making. Began with Reagan and escalated when Obama was elected twice.

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In the penultimate paragraph of the opinion, Roberts writes, "The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution." Consider the dishonesty of that, and I don't mean merely Roberts' saying the president is not above the law but is above the law. I mean his saying that Congress may not criminalize the president's conduct. It never has. It has criminalized EVERYBODY'S conduct, and that, of course, has included the president until now. Roberts makes it sound as if Congress has been out to get the president.

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Listen to Justice Sonya Sotomayor’s dissent of MAGA Supreme Court Justices making Trump a king above the law. https://thedemlabs.org/2024/07/02/sonya-sotomayors-dissent-of-supreme-court-appointing-trump-king/

Who are the Supreme Court justices that made Bush President and now appointed Trump King? Check this infographic. https://thedemlabs.org/2024/07/02/supreme-court-justices-who-made-bush-president-now-appoint-trump-king/

10 Things Trump can do with the immunity from the MAGA Supreme Court. https://thedemlabs.org/2024/07/01/maga-supreme-court-crowns-trump-king-10-things-he-can-now-do-with-immunity/

The Trump packed Supreme Court with MAGA activist justices that overturned women's right to have an abortion just gave Trump, a convicted rapist immunity! What could possibly go wrong? Check this infographic. Dictators rape women with total immunity. https://thedemlabs.org/2024/07/02/dictators-rape-women-with-total-immunity/

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I'm glad you are taking Christo-Fascism Comes to America so calmly. When we have a SC rewriting the Constitution without a seeming care in the world who needs a House and Senate? Trump can just appoint advisory panels from Crow and Koch chums to take care of the Executive function. Don't need no stinkin' legislators. The States of course can just run themselves after checking in with Trump. I believe Abbott, DeMint and several others are already a step or 2 ahead. The question that bugs me though is what will the military be doing while all this is going on? Do we think Mike Flynn might be up for a promotion?

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Are you saying that I am taking Christo-Fascism calmly? If so, you haven't been reading me for long.

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Indeed

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In a dictatorship, the supreme judicial authority doesn't *have* to be coherent. The dictator's say-so is all they need. I hope hope hope that they've jumped the gun on this one. I get it though: the gutless pundits and the spineless Democratic Party have given them reason to believe that they've got it in the bag. I am so angry, but I'm still not seeing a way out of this $@%#&.

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The Supreme Ringwraiths and their kindred minions in the GOP Congress are merely "working toward the Fuhrer", a drama we've seen before. See: https://www.facinghistory.org/resource-library/working-toward-fuhrer?fbclid=IwZXh0bgNhZW0CMTAAAR29BWk5GlH7WB2FO4Duy_mjNjR62rNwRrYm5bePTyFkJTc0fLm233GLJgM_aem_nIiG7hj0tN3j2h375f9yeA -- "Working Toward the Führer:

Consider how the Nazis leveraged Hitler’s public image in their pursuit to transform German society according to Nazi ideology. "

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Really like the Ringwraith comparison. Perfect

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