EDITORIAL: Can SCOTUS Survive The Scandals?

EDITORIAL:

Can SCOTUS Survive the Scandals? 

Can the Supreme Court survive the scandals of the justices? Hopefully not.

Editorial: Along with a series of outrageous decisions the SCOTUS is facing the revelation of potentially serious wrongdoing, grift, and corruption.

EDITORIAL:

Can SCOTUS Survive The Scandals?

By D. S. Mitchell

Public Backlash

The 6-3 supermajority conservative Supreme Court is facing ugly public backlash to numerous recent court decisions, most notably of course, the overturning of Roe. But the court is also facing public outrage over the corruption of members of the court and their spouses. Clarence Thomas (& Ginni Thomas), John Roberts (& Jane Roberts), Neil Gorsuch, and Brett Kavanaugh are mostly responsible for the bad publicity that has led to the court’s low public approval rating.  It looks like this set of justices is bad for the court.

Written on a Sign

I don’t know about you, but my outrage grows by the day. At a recent abortion protest, I saw a young girl carrying a sign inscribed, “I hate it here.”  If you are a follower of Calamity News and Politics, you may have noticed an increased tension, and quite honestly, unbridled rage coming from this corner of the progressive community. I too have had several recent “I hate it here,” moments.

Targeted Killings

The radical right sees no contradiction in banning abortion, for love of life, yet fueled rhetoric that likely led to the  murder of at least 10 pro-choice physicians. The radical right tell us the Second Amendment is sacred. Sometime between my birth and today, the sanctity of the Second Amendment has taken on ridiculous, and unintended proportions. Since when is the right to own a gun more important than the life of a child.

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Clarence & Ginni Thomas Bad For SCOTUS

Clarence & Ginni Thomas Bad For SCOTUS

Clarence & Ginni Thomas Bad For SCOTUS 

How much longer before we take action against this most egregious and corrupt court in the history of the Republic? Time to introduce legislation that would require supreme court justices to adhere to the same ethics standards as other judges in this country. Clarence & Ginni Thomas are bad for SCOTUS.

By D. S. Mitchell

Low Public Approval of Supreme Court

According to recent Gallop polling the Supreme Court has its lowest public-approval rating in history—in part because it is viewed as being both overly politicized and corrupt. The 6-3 supermajority conservative court is facing ugly public backlash to numerous recent court decisions, most notably of course, the overturning of Roe. Clarence & Ginni Thomas are partly responsible for that low public opinion. It is becoming obvious Clarence & Ginni Thomas are bad for SCOTUS. The activities of Ginni Thomas are outrageous and are at last coming under scrutiny.

Chief Robert’s Defiant Versus Pro-Active

In December 2022, John Roberts in his Year-End Report on the federal judiciary defended the court. Robert’s rather than seek measures to improve the court and its public image Robert’s got belligerent, defensive, and down right defiant. According to Robert’s,  “The Judiciary’s power to manage its internal affairs insulates courts from inappropriate political influence.” The problem Mr. Chief Justice is that you and your court are not managing your internal affairs effectively or appropriately.

Conservative Supreme Court Justices Deny Partisanship

For at least the last year, member’s of the conservative wing of the court have been crisscrossing the country giving speeches defending the court against accusations that the justices have become legislators in black robes. These folks can talk till they are blue in the face, but it won’t change the fact that there is a back door to the Supreme Court that is open to ultra conservative activists and locked to the rest of us.

No Ethics Rules Or Regs For Supreme Court Justices

The Supreme court has no ethics rules or formal means of monitoring the behavior of individual justices or their spouses. There is a shadow world in which the conservative justices meet and greet with  conservative individuals looking for access to the court and their decision makers; a world where powerful and influential wives, such as Ginni Thomas hover over the court’s decisions.

Ginni Thomas’ Political Activism Has Become A Serious Concern

Certainly one of the most active political voices in the conservative world whose activities are highly questionable are those of Ginni Thomas, wife of Clarence Thomas. Ginni Thomas is giving the SCOTUS a black eye.The long voiced claim that the Justice’s opinions are politically neutral is getting harder and harder to swallow. In the case of Clarence Thomas the activities of his right wing activist wife Ginni Thomas  has become a serious issue of concern for the legitimacy of the court.

It Appears Ginni Thomas Has Her Thumb On The Scale

Mrs. Thomas is a lawyer that runs Liberty Consulting,  a political-lobbying firm. Until her emails to Mark Meadows on January 6th were made public, few Americans had ever heard of her. Those who had heard of her, dismissed much of her lobbying as harmless activities. However, it appears the Court is happily giving her allies major wins—on abortion, affirmative action, and gun rights.

A “Stench” Of Partisanship Permeates The Supreme Court 

In 2016 the Republicans, in an unprecedented move blocked President Obama’s nominee to the Court.  As a result  Trump was able to push through the appointment of three extreme right wing Justices. The Democrats have recently attempted to impose some ethics standards on the Justices—a response, in part, to what Justice Sonia Sotomayor has described as the “stench” of partisanship on the Court.

Ginni Thomas Hides In The Shadows Directing Radical Wing Causes

While Ginni Thomas tries to hide in the shadows she is kept busy working with many right wing activists who have brought numerous hot button issues in front of the Court. Ginni Thomas was once a director of CNP Action, a dark-money wing of the Council for National Policy. The Council of National Policy is a pressure group that connects wealthy donors with the most radical right-wing individuals in the United States. Ginni Thomas was formerly on the Turning Point USA advisory board. The Turning Point USA is a pro-Trump student group, whose leaders have boasted of sending busloads of protestors to D.C. on January 6th.

Many Think Ginni Thomas’s Behavior Is Appalling

 

OPINION: ‘Eff the Supreme Court

OPINION: ‘Eff the Supreme Court

I have something to say about the SCROTUS and it is not nice.

OPINION: ‘Eff the Supreme Court

Editor: I think this quote is a perfect response to the Supreme Court justices that want to enforce constitutional originalism on 21st century Americans. 

“WHEN PEOPLE START ACTING AS THOUGH THE PAST IS THE SAME AS THE PRESENT AND CONTEXT DOESN’T MATTER, THINGS START TO GET DANGEROUS.” TREVOR K. MCNEIL 2020

By D. S. Mitchell

Written on a Sign

I don’t know about you, but my outrage grows. In a recent abortion protest, I saw a young girl carrying a sign inscribed, “I hate it here.”  If you are a follower of Calamity News and Politics, you may have noticed an increased tension, and quite honestly, unbridled rage coming from this corner of the progressive community. I too have had several recent moments of, “I hate it here.”

Targeted Killings

The radical right sees no contradiction in banning abortion, for love of life, yet fuel rhetoric that has likely led to the  murder of at least 10 pro-choice physicians. The radical right tell us the Second Amendment is sacred. Sometime between my birth and today, the sanctity of the Second Amendment has taken on ridiculous, and unintended proportions.

Group Killings

Originally the Second Amendment described, “a well regulated militia.” Mind you, this was before the U.S. had a military. Out of that simple concept, it is now every Americans right, maybe duty, to load your AR-15, strap it with a bandolier of 30 shot magazines and go walk around town, terrorizing and murdering people who are just shopping for groceries, celebrating at a concert, attending class, and now a 4th of July parade. Mass murderers love it when we gather in groups.

I Said

Fuck the NRA, fuck the U.S. Senate, fuck the Second Amendment, and most of all fuck this illegitimate court. This has become a human rights issue-a public safety issue, a fucking right-to-life issue. Every American should have the reasonable expectation to go out for a walk, go the local Starbucks safely; it should not be a flip of the coin, situation.

Worse Than Roberts

John Robert’s has been Chief Justice since 2005.  He was nominated by George Bush the Younger and in my mind, Robert’s has been the spearpoint of a ruthless and relentless right-wing attack on democracy. During his tenure, the court has turned back democracy by 75 years, and privacy rights by 50. Even with Robert’s terrible record on gun control, voting rights, gerrymandering, campaign finance, abortion, and every other personal freedom imaginable, there are more dangerous and radical justices than John Roberts, and that clique is now apparently running the court.  Where as Robert’s style is to just keep chipping away at a law until over several years it vanishes into history, barely noticed. This new blatantly political court is ready to upend the apple cart, the hell with the consequences, in essence giving majority America the big middle finger salute.

Let it Go Alito, This Ain’t 1776

So, this now 6-3 ‘originalist’ court thinks it can push back all Progressive reforms since 1930. These folks are willing to snatch away Medicare and Medicaid, and the ACA of course, will fall. Gut the EPA. Ban abortions, nationwide. When you see an institution disregard established law and take up the task of writing new laws, just because they can; says to me that we are in a dangerous place. It seems apparent that swift action is necessary.

What I Think

This Thomas-Alito court seems hell bent on destroying any shred of validity this court ever had. The most recent public confidence polls show the court to be deeply unpopular.  The approval level of the court among all voters is at a jaw dropping 25%. Talk about Biden’s underwater numbers. As laws become more oppressive, affecting larger swaths of the population; enforcement may fail, in fact, it most likely will. As larger numbers of citizens commit the unenforceable crimes, police and prosecutors begin to ignore them. The overturning of Roe is so unpopular 70% of the country is in full revolt.

Anywhere, Anytime

The lawmakers just passed the first gun safety act in thirty years. My cynical side says, “a little is better than nothing.” My realistic side says, “not nearly enough.” As I said previously, the Second Amendment guarantees do not supersede those of LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS.  Yet, the radical ‘originalist’ court refuses to face the reality of a heavily weaponized country that needs some serious restrictions on gun access, not an open season on all of us, anywhere, at anytime.

Conclusion

When extreme decisions are pronounced without the support and acceptance of the population, those decisions become unenforceable. The court has no army, no police force to back up its decisions, the only thing the court has is its standing in the eyes of the country’s citizenry, and that includes law enforcement. It is time to enlarge the court, install term limits, and codify a standard of ethics these justices must adhere to. Right now, this radical right-wing abomination calling itself the “Supreme” court of the United States,  ain’t looking so “Supreme.”

 

EDITORIAL: Glass Smashing Rage

EDITORIAL: Glass Smashing Rage

EDITORIAL: Glass Smashing Rage

By Dani Davis

Not So Good, ‘Ol Days

I was born in 1946. That makes me 76 years old.  The Allied soldiers had just liberated Europe from Hitler’s fascist grip, AND saved the world from the jingoism of the Japanese Empire when I was delivered kicking and screaming into the world. The boys were back to the land of the not so free. A history lesson is appropriate at this time, for those have been separated from what it was really like in those days. Let me tell you; it ‘effin sucked for a hell of a lot of people, particularly people of color, women, and the queer.

Writing Law, Not interpreting Law

On June 24, 2022, I woke up to learn that the right wing-radical SCOTUS had overturned Roe v Wade. The first thing to suffer were two wine glasses sitting on the kitchen counter, which I sent flying across the room in an angry rage.  We all knew it was coming, since the ‘leak’ of Sam Alito’s draft opinion nearly two months ago.  I am furious. I am shocked. I am dismayed. But, more than that, I am deeply saddened for our country; and the meaning of law, and justice.

Pretzel Time

I am saddened and alarmed that the six ideologues chosen by the Federalist Society, who now sit on the highest court in the land, seem to have no brakes. It is clear they intend to smash through anything that gets in their political way. These isolated radicalized folks are willing to ignore 50 years of established precedent, twist themselves into pretzels looking to 15th century doctrine to support an outrageous 21st century decision. The justices, despite the wishes of 70% of the American people, overturned Roe. They could have chipped away at the law, which they have been doing since 1993, instead they are so brazen they did not hesitate in wiping Roe off the legal landscape.  Greatly emboldened they do not intend to let anything stop them. I am convinced nothing we call sacred in our society, is safe from this out of control court.

Mitch McConnell Is The Cause 

This “Catholic-Christian” majority Supreme Court just tossed out 50 years of progress and has sent this country into a very dark place. Lest not forget how we got to this imbalance on the court. Republican Mitch McConnell, when he was Majority Leader in the Senate, denied Barack Obama a chance to install his choice for Supreme Court Justice, Merrick Garland. In 2020, Mitch again, went against all Senate history and jammed through Amy Cony Barrett as Trump’s 3rd appointee, during the last days of the Trump administration.  Those two actions by McConnell have resulted in the current imbalance of conservative justices on the court.

More To Come

Abortion is not the only ‘right’ under attack. There is much more to come. All you need to do is read Clarence Thomas’s opinion. Frankly, with the court’s decision to overturn Rue, came with a threat to end many long established rights. Clarence Thomas, in his assenting opinion foreshadowed many rights he was willing to take the judicial hammer to. It looks to me like, we have an over-active, ‘law-creating’ court that will soon be targeting many cherished privacy rights. The right to contraceptives, same sex marriage, and the right to decide the race of your sexual partner may be in the cross-hairs of this politically active court.

Most Egregious

It seems a bit odd that ‘Uncle Tom’ Clarence Thomas has forgotten that his right to marry a white woman isn’t many steps away from the topics he suggests were decided egregiously.  I’d like to remind Clarence and Virginia (Ginni) Thomas, that it wasn’t until June of 1967, when I was a senior in college, the Earl Warren Supreme Court issued it’s landmark opinion in Loving v Virginia. Let me repeat that, it wasn’t until 1967, that Clarence and Ginni could have even traveled together, much less gotten married in nearly a third of the states in these good old United States. Looking backwards might not be the best choice for this duo.

The United States Is Not A Christian Country

The United States was founded as a secular republic, not a ‘Christian’ country. What unites us is a common Constitution, not a common religion, or a common culture. The U.S, Constitution is meant to protect the rights of us all; not just the rights of the “believers.” Nobody is supposed to be burned at the stake anymore; yet Sam Alito had to reach back to the time of the witch trials to find basis for his anti-abortion ruling. Please, it is 2022 and it is fucking time a woman should be allowed to make the decisions that effect her, and her family. Literally, a woman could be pregnant 3/4 of every year, for 35 plus years, producing potentially a child a year.  Without contraception, or abortion a single woman could if forced to produce 35 kids. Really? This is what the conservatives want for 21st century women? Total crap.

Lawless Abandon

The Catholic-Christian majority that has been jammed onto the Supreme Court have decided that they can wield their 6-3 voting power with near lawless abandon. Don’t just clutch your pearls ladies; these six SOB’s want to impose their religious beliefs onto the rest of us; it is time for action, not whining and moaning. We are a country of 330, 000,000 people, from different religions, different cultures and backgrounds, each of us with different dreams. The recent Supreme Court actions on voting rights, gun rights, the EPA, and Roe v Wade are total BS. The idea that the Founding Father’s believed that every citizen, no matter how crazy, should be able to openly carry a weapon of war is total absurdity. I think Ben and the boys would have put the kibosh to that idea quickly and decisively.  The eighteenth century philosphosper/revolutionary was part of his world, and for a court to suggest that the eighteen century and the twenty-first century are equivalent is patently ridiculous.

A Fraudulent Court

The fact that the last three of the nine justices, were appointed illegitimately, thanks to Mitch McConnell, by a twice impeached, one-term president, makes any of this court’s decisions suspect. Furthermore, from taped testimony, it looks like Barrett, Gorsuch, and Kavanaugh may have misled, or perhaps committed perjury during Senate questioning. I would go so far as to suggest this is a fraudulent court. There is no way we can wait forty years for this court to die of old age; while it destroys the fabric of our society.  These folks were not elected, yet they are sitting in lifetime positions, making decisions that effect the most basic of our rights; privacy. Outrageous.

My Final Days

I will not be silent. I may be 76 years old,  but I can still march, I can still vote,  I can still vocalize my anger. I’m not dead yet, and until that final day comes I will be working for a re-do of the ‘third’ branch of government. The idea that you can remove court decisions from the time and place of the decision is absurd.  The Founding Fathers were a part of their time.  When Ben, Tom, Jimmy and George were imagining a new country, they sure as hell had no idea that the country of 2.5 million would eventually spread from to sea to shining sea, with a  population  nearly 10 and a half times the size of the original country. There were no cars, no cell phones, no railroads, no astronauts, no AR-15’s, no female CEO’s, no black legislators. For the ‘purists’ on the court who want to take us back 245 years let’s remember that the Ninth Amendment offered flexibility and growth. The FF knew that the constitution could grow and stretch to the needs of the country, not contract and penalize the many.  We can grow past 1619. We can grow past 1776 It is 2022, time for a new perspective, not an old and outdated one.

Real, True Outrage

Should a woman be forced to carry her rapists baby until birth? I say, “hell no.” What if the impregnated person were a child, carrying her father’s baby, as a victim of incest. Or perhaps, an uncle or a  grandfather; or some other relative. My fucking god, this ordeal is guaranteed to fuck up just about anybody. Let’s start thinking with our hearts. Let’s begin with love for the hopeless, for the abandoned, let’s offer them a life line, not an anchor.

Conclusion

It is time for court reform. If there isn’t court reform I  predict that people will just stop listening to anything that comes out of their biased mouths. At least 90 attorney generals and state prosecutors have stated for the record they will not prosecute any abortion cases. The Robert’s Court has already damaged the public view of the court. I  think the last time I looked, the Supreme court approval rating was about 20%.   It is time to enlarge the court, institute term limits, and come up with a code of ethics, to reign in the likes of Clarence Thomas and his anti-democratic wife.

 

OP-ED: The Dangers of the “Shadow Docket”

OP-ED: The Dangers of the “Shadow Docket”

 

The conservative court is using the shadow docket to hide their partisan decisions.

OP-ED:

The Dangers of the “Shadow Docket”

There is a fundamental danger to our democracy when the Supreme Court is allowed to hide their actions through the misuse of the “Shadow Docket.” 

 

The “shadow docket” references cases taken up on an ’emergency basis’, outside the scope of the Supreme Court’s normal procedural order. . . .

By D. S. Mitchell

Partisan And Controversial Decisions

Observers have noted that the current court has disproportionately used the shadow docket to authorize its most right-wing and controversial decisions. Nearly all of the SCOTUS’s Covid-19 decisions have seeped and bubbled up from the shadow docket. Specifically, both of its rulings on the CDC eviction moratorium came through this dark and enigmatic process.

An Unsigned Opinion  

In August of 2021, SCOTUS handed Biden a shocking ruling. The court ordered Biden to re-instate Trump’s “Remain in Mexico” program. Where did this ability suddenly manifest itself? The court has no authority over treaties with foreign governments. None. The outrageous ruling came in a single one paragraph unsigned opinion. This opinion (like other Shadow Docket opinions), gave no insight into the judicial history supporting the court’s decision to upend the constitutional separation of powers.  The court is now looking at the Texas abortion law. I’d call it a bit late. The heartbeat law went into effect on 9/1/2021. It is the first time a state has successfully imposed a six-week abortion ban since Roe v. Wade was decided.  The only reason is that the court has been packed with anti-abortionists. SCOTUS refused to take up the case, initially attempting to hide behind the shadow docket.

Vigilante’s Extraordinaire

As a refresher, SCROTUS said, (by initially refusing to hear the case) it was okay if Texas set up a system where vigilantes are allowed, and in fact, encouraged to pursue a woman in court for damages of up to $10,000; and anyone who assists her in obtaining an abortion.  Imagine this, it can be the cabbie that took the woman to the medical appointment, a friend who provided educational materials on termination, or the doctor who provides the abortion. Each of them under Texas law can be hauled into court and sued by someone with no standing in the case, in effect, on behalf of the state.

Dystonic Fiction

Atwood’s ‘The Handmaiden’s Tale’ in real life.

What We Expect

In the innocence of our collective minds, we fantasize the nine justices in their solemn black robes hearing robust debate in open court in front of fascinated and anticipatory spectators. Their esteemed heads taking in the well-considered arguments between opposing attorneys and ideologies, giving deliberate consideration to the legal issues of each individual case. Only after prolonged and august discussion does the court publish their venerable decisions in long verbose opinions. But, that is a faulty image of what is actually happening, folks. This heavily conservative court has slipped into a dangerous shadow zone, a place where justices lack the courage to sign their names to their own rulings, while expecting complete deference and compliance to those rulings. Somehow the two do not mesh in a democratic society.

Here’s How It Works

Here’s how it works in the SCROTUS of 2021. Lawyers are allowed to submit expedited briefs to make their “emergency” arguments, but they are not allowed to argue in person, in full view of the press and the public. These decisions don’t come after months of deliberation amongst the justices, but quickly and through whatever informal conversations the justices may have between themselves. Usually they don’t bother to explain to litigants the law or logic behind their decrees, instead issuing an order often amounting to a mere few sentences.

My Thoughts On The Matter

I believe, it is clearly evident that SCOTUS is operating in bad faith. This group of hacks is so lazy in their decisions that they won’t even take time to create legal reasons for their partisan hackery. Under the guise of “emergency” rulings this flawed and broken court is making policy. Courts do not make policy. That is not their role. Unsurprisingly the policy this court concocts melds nicely with the extremist Republican party’s political agenda. Using the “shadow docket” the court is attempting to camouflage it’s heinous actions.

Hitting The Talk Shows

Recently several of the sitting justices, hearing angry rumblings across the country have taken to the airwaves. Their recent appearances across media platforms make it clear that the justices have noted that the public view of the supreme court is at its lowest level in decades. When you have justices making speeches at colleges and going on TV claiming they “are not partisan hacks” you can damn well be assured they know the public is on to them.

The Real Danger

The power now wielded by unelected conservative justices is unnerving to me, and should be worrisome to anyone, no matter their place on the political spectrum. Just to point out, any Executive Order signed by this president (or any other president), any law passed by Congress, can be undone in the dark of night, without reason or explanation. Since this administration lacks the spine to proceed with court reform we can expect the six conservative judges to hold veto power over the Democrats entire political agenda.  Not just this year, or next, but for decades to come. It is time in the opinion of this writer to expand the court. The number of justices has been changed five or six times. Such action is not new, but it sure as hell looks like it is necessary.

EDITORIAL: Who Will Judge The Judges?

EDITORIAL: Who Will Judge The Judges?

EDITORIAL: WHO WILL JUDGE THE JUDGES?

By  D.S. Mitchell

Turtles All The Way Down

According to absurdist and other folks more clever than I, there is no inherent meaning to anything. Not that there’s no meaning, that would be nihilism, just that all things are arbitrary at their core. As famed genius Bertrand Russell put it, while addressing the issue of infinite regress, it is ‘turtles all the way down.’ An odd phrase based on the metaphor of the world sitting on the back of elephants, which in turn stood on the back of a turtle. Fans of Terry Pratchett’s Discworld series of novels will likely recognize the concept.

The Price of Tea In China?

What does this have to do with the Supreme Court? Trust me, I’m getting there. The idea of ‘turtles all the way down’ also applies to society and the application of authority there in. Leaders, officers, and elites are not born. At least, supposedly, not anymore. Every position of power is designated by the people who constitute society. In a very real way the exercise of authority is ‘people all the way down.’ Humans chosen by other humans to hold power over them. In the context of a participatory democracy those humans are the elected officials.

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OPINION: Retire Justice Breyer

Supreme Court needs term limits

OPINION: Retire Justice Breyer

By William Jones

Consistent Defender

Stephen Breyer was appointed to the Supreme Court by President Bill Clinton in 1994.  Breyer has been a consistent defender of liberal priorities in cases involving abortion, marriage equality, voting rights, and other issues. There’s growing urgency on the left to see Justice Breyer step down from the court to be replaced by a younger liberal justice. This is only possible while Democrats are the majority party in Washington.

A Billboard Truck

In early April, the progressive group Demand Justice ordered a billboard truck to be driven around the Supreme Court building featuring the words “Breyer, retire.” The message was directed at Breyer, one of three remaining Democratic appointees on a court that has become increasingly dominated by conservative justices in recent years.  Much of that anxiety is informed by recent history. Liberal icon Ruth Bader Ginsburg did not retire when Democrats controlled the Senate during the Obama administration. Ruth Bader Ginsburg died from cancer at age 87, shortly before the 2020 presidential race. Republicans moved swiftly to fill her seat with Amy Coney Barrett. This cemented a 6-3 conservative majority on the court that legal experts say may soon undo many rulings that defined Ginsburg’s judicial career.

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