SupremeCourt

Ted Cruz has been accused of a lot of things: being the Zodiac Killer; being from Canada; being a churlish Sea Monkey that grew out of control in a secret Area 51 lab before escaping into the forest with a family-size bag of Bugles and a sixer of Zima; being the son of a...

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  • April 22, 2021
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I’ve seen general pieces about the filibuster and its history, and so let me be specific that I am asking for commentary that is a little deeper, or granular.  My question is simple — I’’m old enough to have been politically aware since the Ford/Carter years, and for most of my life the...

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  • February 25, 2021

After the Supreme Court rejected Trump’s latest attempt to bar the Manhattan DA from getting his tax  returns and other financial records, the disgraced, twice-impeached, and — most important — former president issued a statement which, even by his standards, is a doozy: Trump responds to SCOTUS decision on his...

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  • February 22, 2021

Trump is once again asking the Supreme Court (PDF) to overturn the Pennsylvania Supreme Court’s multiple rulings on the mail-in ballots in the election. Rick Hasen on Election Law blog said that the petition was ridiculous, that John Eastman should be ashamed of himself, and that the petition’s citing to...

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  • December 21, 2020

“America is advanced citizenship” –The American President The Age of Citizens United continues. x Even Barrett asksQ: So could you sue on torture?A: YesQ: But not if it was a corporation?A: Yes — Oren Nimni (@orennimni) December 1, 2020 x Neal Katyal is currently defending multinational corporations' right to own...

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  • December 1, 2020

Just a quick reminder about something I see largely left out of the coverage of Republicans’ bad faith regarding the Supreme Court:  Republicans eliminated the filibuster for Supreme Court nominees. This was supposed to be a seismic event, but I don’t hear it discussed much anymore in the overall Supreme...

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  • October 29, 2020

Thinking recently about questions for nominee Amy Coney Barrett, and her Originalism theory, I thought of an interesting argument — “Originalism is not a valid judicial theory because there is no evidence that the constitutional framers believed in it.” See that?  How can you have a valid “Originalist” theory that the...

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  • October 16, 2020

I have written two posts about suggested questions for Nominee Barrett — here and here.  But watching a good deal of today’s confirmation hearing, and listening to her dodge way too many questions, I realize I should also have set out some suggested questions to highlight how thin are her qualifications...

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  • October 14, 2020

Lee is ridiculous and the only people talking about religion and the late Ginsburg are the republicans.  Not the democrats.  Hypocrisy runs deep in this hearing and people have to realize their views never reflected the marvelous Justice Gingsburg.    She is evasive and trying to dazzle them with bullshit...

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  • October 13, 2020

As we all begin to turn our attention to the Supreme Court again, I came across the below YouTube video of a 2009 debate between US Supreme Court Justices Breyer and Scalia.  It is a breath of fresh air and I believe it is unthinkable today.  (Scalia may deserve some credit for...

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  • October 9, 2020

Saturday as I watched 10 white coats appear in front of a mic looking professional  I began thinking about equal justice as  I thought this.   How can anyone vote for a 10 to 0 medical care in America and feel any moral pride or anything but selfish and ashamed?  As those doctors...

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  • October 4, 2020

Republicans have done a very good job of framing this next election as automatically going to the courts to potentially pick a winner.   But normally the losing candidate only gets to ask for a recount.  He or she does not have some freestanding right for a court to decide the election....

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  • October 2, 2020

morningconsult.com/… A Morning Consult Poll of voter’s opinions of the Affordable Care Act or Obamacare, shows that support for the health insurance program is continuing to grow. Some 55% of Americans supported it in March 2020 and 62% support it today. The survey shows that 85% of Democrats, 59% of Independents...

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  • September 29, 2020

I’d like to crowd source reaction to the following proposed list of questions — because we don't have much time to prepare for confirmation hearings.   The questions are not said with hope of derailing the nominee, but recognizing (very much so) that the confirmation hearings are part of a larger political...

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  • September 27, 2020

Yes, this is wrong on so many levels to nominate a judge before RBG is warm in her resting place.    I said in another comment if Jane Fonda had been nominated or anyone left of her, I would still be against a nomination this close to a presidential election....

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  • September 26, 2020

I’ve read lots of notably vague “battle plans” and delaying tactics for Democrats to employ against Republicans’ plans to confirm a replacement justice for Justice Ruth Bader Ginsburg.  To be frank, the talk is largely masturbatory because the Republicans have the necessary votes.  There is one immediate hope: a disqualifying scandal could...

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  • September 24, 2020

My sympathies to the family of Justice Gingsburg’s family.  My further sympathies for our daughters and granddaughters, POC and the disabled.   Meet  Barbara Lagoa:   He and DeSantis working hand in hand on this one.  She is a real piece of work regarding voting rights. slate.com/… One of Trump’s Top SCOTUS...

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  • September 22, 2020

Love it: Over the past several years Republican Lindsey Graham has acquired the reputation of a flip-flopper. Once a detractor of Donald J. Trump, the senator from South Carolina is now one of his most loyal allies. As the debate over who will fill the seat of the late Supreme Court...

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  • September 22, 2020

x Crowd in North Carolina chants: “FILL THAT SEAT!” pic.twitter.com/RuOI6vpK9u— Team Trump (Text VOTE to 88022) (@TeamTrump) September 19, 2020 Are you angry yet?  I hope so.  We must block the republicans from stealing the election with a packed court.   I think we need to get even more voters out...

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  • September 20, 2020

I have the utmost respect for Ruth Bader Ginsburg and was beyond distraught at the news of her death yesterday. Nonetheless, the election is 44 days away and is the most consequential one ever for the soul of America. RBG would not want us to avoid thinking about how to...

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  • September 20, 2020

I’m out and on my phone but wanted to show you this: x This U.S. Senate should vote on President Trump's next nominee for the U.S. Supreme Court.— Martha McSally (@SenMcSallyAZ) September 19, 2020 We need to get rid of her again. Click below to donate and get involved with...

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  • September 19, 2020

The Supreme Court in June released a flurry of opinions some of which were applauded by myself and many others as we braced ourselves for the worst.  For example, LGBT rights being upheld. But since the summer recess, they have issued many important decisions. What they are doing is hiding...

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  • August 14, 2020

The Supreme Court in June released a flurry of opinions some of which were applauded by myself and many others as we braced ourselves for the worst.  For example, LGBT rights being upheld. But since the summer recess, they have issued many important decisions. What they are doing is hiding...

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  • August 14, 2020

Ruh-roh. I’m no lawyer — partly because I enjoy writing books and blogs more than studying the law, and partly because, well, weed — but I can read and comprehend a story about Trump’s jowly buttocks landing squarely in the fondue pot. Looks like one of the unintended consequences of the...

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  • July 11, 2020

Cases go back to the lower court, so the Trump tax returns issue will not get seen before the election, because it goes to the Grand Jury in Vance. In the case of the House with Mazars, it also goes back to the lower court on the issues of subpoenas, still blocking House committees...

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  • July 9, 2020

As most surely know, Trump and the Republicans have filed their initial brief before the Supreme Court seeking to overturn the entire ACA, arguing that the elimination of any tax penalty to enforce the individual mandate renders the original constitutional justification (Congress’s taxing authority) a nullity and that — under something...

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  • June 27, 2020

Title VII protections now includes LGBTQ in a single watershed decision. Happy Pride month. x .@business: The ruling came in one of two LGBT workplace-bias cases the court has been considering. The justices could rule momentarily in the second case, which concerns discrimination against transgender workers. https://t.co/9xv8jXJF2N— Andrew Peng (@TheAPJournalist) June...

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  • June 15, 2020

Really, Susan Collins? Really? In a story on Susan Collins’ tough reelection campaign, The Los Angeles Times grabbed one of the most obtuse quotes I’ve ever seen from a politician. This is like J.C. Penney wondering why there’s been such a precipitous drop in sales of Cosby sweaters. “Wherever we have...

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  • March 4, 2020

The background: The Trump administration and several red states have backed a — ridiculous, mind you — challenge to the Affordable Care Act arguing that Congress’ removal of the tax penalty connected to Obamacare’s individual mandate has made the entire law unconstitutional. Republicans hate Obamacare so much — because you...

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  • January 11, 2020

I’d love to see this for three reasons: 1) I love Barack Obama, and his presence in public life simply makes us better, 2) it would be sweet revenge for the Merrick Garland travesty, and 3) there’s a pretty good chance that, if it happened, Donald Trump would swallow his...

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  • December 29, 2019

Okay, so they appear to have changed this headline since Talking Points Memo’s Josh Marshall screen-grabbed it. But it raises an important question — and that question is: “What the ever-living fuck, New York Times?” x lol nytimes 😂😂😂😂 pic.twitter.com/fOqoUebjR3— Josh Marshall (@joshtpm) November 30, 2019 < p class=”is-empty-p”> Everyone knows...

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  • December 1, 2019

So remember Brett “Bart O’Kavanaugh” Kavanaugh? He’s on the Supreme Court now because he screamed a lot at one of his hearings and the FBI did at most a 1/16th-ass investigation of the sexual assault and attempted rape claims against him. Today, in a feature on Kavanaugh accuser Deborah Ramirez, who...

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  • September 15, 2019

I have to admit, that was my reaction, too. Great minds? Well, one great mind, anyway — and I won’t be surprised if its owner is president in a few short years. At a presidential town hall today, Elizabeth Warren responded sarcastically to the news that Donald Trump was giving...

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  • July 12, 2019

We all thought this was over, but Donald Trump’s consigliere, William Barr, is determined to pave the way for a citizenship question on the 2020 census. Because … Donald Trump says so, apparently. Yup, that’s it. No other reason. Honestly, what other reason could there be? The Hill: Attorney General William Barr said...

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  • July 8, 2019

As part of the ongoing project to catalog every awful thing the Trump Administration has done as a reference for future political arguments and whatever few posterity survives to see 2020, here’s everything awful the Trump Administration has done this week. ____________________________________________________________________________ 1448. Continued separating migrant families at the border 1449....

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  • June 28, 2019

Laurence Tribe is a Harvard constitutional law scholar, co-founder of the American Constitution Society, a former judicial adviser to Barack Obama’s 2008 presidential campaign and, evidently, a man of unparalleled perspicacity: x Hypocrisy is McTurtle’s middle name. And his first and last name too. What a flagrant dickhead! https://t.co/17vKziC2eJ —...

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  • May 31, 2019

Just more evidence that we’re ruled by a tyrannical minority who have gerrymandered, suppressed, obstructed, and otherwise cheated their way to their current political hegemony.  CBS News: Two-thirds of Americans want Roe v. Wade left in place, and most who hold that view would be disappointed or angry if the...

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  • May 21, 2019

Fuck you, Mitch McConnell. Fuck you in your scurfy chelonian exoskeleton. ThinkProgress: Senate Majority Leader Mitch McConnell (R-KY) on Wednesday ignored his past condemnations of Democratic obstruction, releasing a three-minute campaign kickoff video for his 2020 re-election bid, centering on his successful 293 day blockade of Judge Merrick Garland’s nomination...

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  • April 18, 2019

As part of the ongoing project to catalog every awful thing the Trump Administration has done as a reference for future political arguments and whatever few posterity survives to see 2020, here’s everything awful the Trump Administration has done this week. ____________________________________________________________________________ 1313. Said wind power doesn't work because “wind only...

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  • April 5, 2019

Mitch McConnell, ladies and gentlemen: x As I’ve said time and time again: Mindless obstruction is unacceptable. The only way this divided Congress will be able to choose greatness and deliver significant legislation is by focusing on — as President Trump put it — “cooperation, compromise, and the common good.”...

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  • February 8, 2019

I don’t believe in magic, miracles, curses, hexes, horoscopes, Ouija boards, the power of prayer, or much of anything supernatural. I believe in technology and phenomena solidly backed by the scientific method, like vaccines, Xenu the evil Galactic Confederacy overlord, and the fact that I can’t wear my Green Bay Packers socks on...

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  • October 14, 2018

This is wonderful, and a welcome and needed salve. Go to brettkavanaugh.com, and you’ll immediately see this message: The start of Brett Kavanaugh’s tenure on the Supreme Court may look like a victory for one interest group or another. But, more importantly, it is putting a national focus on the...

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  • October 10, 2018

Most people are already pretty indignant about Republican senators putting a supervillain from a raunchy ‘80s campus comedy on the Supreme Court, so maybe you don’t need more evidence that the process was rigged. (And it was, despite what our gaslighter-in-chief may have said.) Then again, maybe Republicans think judicial temperament...

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  • October 9, 2018

Here’s a little-known fact. It is technically possible to get drunk on so-called “nonalcoholic” beers like O’Doul’s or Sharp’s, because they both contain a trace amount of alcohol. The calculus is something like 10 cans of Sharp’s delivers the same buzz as one can of Miller High Life. So you’d...

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  • October 8, 2018

What was that old Goebbels quote? Something like “Fuck you, Donald Trump, you rancid fuck-faced smegma golem”? Remember when Christine Blasey Ford said she was 100 percent certain that Brett Kavanaugh had tried to rape her? Well, you can throw that out now because the most dishonest person on the planet says...

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  • October 7, 2018

It’s official. The Senate confirmed Brett Kavanaugh to the Supreme Court on Saturday, ending an ugly, painful, weekslong Senate fight over whether women’s sexual misconduct allegations against him were credible and mattered. Kavanaugh was narrowly confirmed, 50-48. Every Republican but one, Sen. Lisa Murkowski (Alaska), voted for him. Every Democrat...

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  • October 6, 2018

If I had a time machine, I’d go back to whatever era this semi-ambulant chimp scrotum is living in and kick his ass from here to Woolworth’s. From CNN: Senate Judiciary Chairman Chuck Grassley on Friday suggested the lack of women on the committee was due to its heavy workload, but later said...

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  • October 5, 2018

I don’t live in either Maine or West Virginia.  I got married and vacationed in Maine once, and I have been through West Virginia multiple times.  But despite all the opinions and diaries I have read about Collins and Manchin on Daily Kos, what do the people in Maine and...

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  • October 5, 2018

With U.S. Sen. Susan Collins (R-ME) giving a speech wholeheartedly supporting Brett Kavanaugh’s confirmation to the U.S. Supreme Court, it is expected that Kavanaugh will become an Associate Justice of the U.S. Supreme Court, handing President Donald Trump and Senate Majority Leader Mitch McConnell a fifth fascist vote on our...

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  • October 5, 2018
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