Showing posts with label United States Supreme Court. Show all posts
Showing posts with label United States Supreme Court. Show all posts

We Can Only Hope This Disastrous Decision

 will mean the end of Donald Trump's political career.  The USSC needs to be expanded, Project 2025 needs to be exposed, and legal means should be explored to get rid  of the un-American Heritage Foundation once and for all.  Ditto for the corrupt Federalist Society.


Biden gave a brief speech in response to the USSC Trump "immunity" case:



Yes, death squads are a distinct possibility if that madman somehow gets back in the White House:




No Doubt as to the Result

 It might be shocking to the denizens of Democratic Underground, but for so many of us in the real world, the USSC overruling the Colorado Supreme Court on Trump and the ballot was never in any doubt.



Here, direct from the source, is the ruling against Colorado and in favor of Trump:

Trump v. Anderson

Since it is an election year, sure the Court had to make a quick ruling.  The thing that might shock some on the left was this was a unanimous decision, not just a Leonard Leo-sponsored decision.


"This case raises the question whether the States, in addition to Congress, may also enforce Section 3. We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency."


In other words, this is a separation of powers issue.




USSC to Texas: Go F Yourself

The Roberts Court just told Texas to shove it up its ass.  The decision is here.




Earlier:  What Trump and company are doing is sedition:   


And this:



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Friday Reads: Anthony Kennedy Retirement Edition

The plot gets ever thicker of what really was going on behind the scenes of USSC Associate Justice Anthony Kennedy's retirement.
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Brett Kavanaugh, only 53 and a rumored leading contender for the Kennedy seat, is yet another Ivy Leaguer dipshit, Federalist Society-type who probably isn't qualified for the job.

Kavanaugh so frequently inserted himself into high-profile political battles that during his confirmation hearing for his DC Circuit seat, Sen. Dick Durbin (D-Ill.) called him the “Forrest Gump of Republican politics.”

In 1999, Kavanaugh represented two members of Congress who filed a brief in a Supreme Court case supporting a New Mexico school district’s effort to maintain student-led prayers at football games. (The court found the prayers unconstitutional.) The following year, he got involved in the case of Elián González, the young Cuban boy who came to the United States after his mother drowned trying to bring him to the country, prompting an epic custody fight between his father in Cuba and his relatives in Miami. Kavanaugh worked pro bono for González’s Miami relatives in their vain appeals to keep the boy in the United States.

That same year, Kavanaugh represented Florida Gov. Jeb Bush in his fight to overcome constitutional hurdles to his controversial school voucher program that would direct public money to private religious schools. And when the 2000 election came down to some hanging chads in Florida and a contentious recount, Kavanaugh was there, too, working on George W. Bush’s legal team.

He is a hack.
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It is a serious issue when candidates are drawn from such a narrow, narrow pool as Harvard or Yale law school grads.

That being said, I don’t think it necessarily follows that this means that the Ivy League must be the exclusive source for Supreme Court Justices, or a majority of the Circuit Court of Appeals Judges for that matter. Why is it that Yale and Harvard Law Schools, located within about a two hour drive of each other at most, are the source of all of our Supreme Court Justices? What about Stanford, Columbia, the University of Michigan, or any of the other schools ranked the top ten, or even the top 25 among American Law Schools? Is it really the case that none of these other 23 schools are capable of producing the kind of elite graduates that would make good Justices and Judges at the highest levels of our legal system? The idea that this could possibly be true is, indeed, quite absurd.
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And I might as well link the Lithwick article mentioned in the above link.

In the coming months and years, this group of Ivy-trained Washington insiders will have to decide whether Texas voters who don’t have driver’s licenses and are required to take three buses across town to pay $30 for a voter ID have effectively been disenfranchised. They will determine whether women who need to travel 300 miles to procure an abortion (women who may lack cars, or paid time off, or money to spend on hotels) face an “undue burden.” But some of the same justices who will bar empathy from those considerations forget that they do evince empathy when they side with those beleaguered “sidewalk counselors,” or multimillionaire campaign donors, or the owner of a mega-chain of craft stores who believes his religious freedoms have been impinged. All of us import our values and experiences into our decision-making. The double-whammy at the current Court is that the justices are no longer allowed to acknowledge it, and that the pool of those with whom they unavoidably identify is so dangerously small and privileged.

When the next court vacancy occurs, there will be lists of brilliant, Yale- and Harvard-trained jurists to choose from. But there will also be many accomplished lawyers toiling in elected office and legal-aid clinics and state-school faculties. Progressives need to identify those prospects and to push them forward. The alternative is ceding the court to ever-more dazzling minds, while seeing less of our own realities in its jurisprudence.


I couldn't agree more.
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Not USSC related, but yes, marriage should be a thing of the past and not likely to be done away with anytime soon.

One key fact about marriage remains, whatever the reforms and modernisations. Marriage is far better for men than it is for women. It reinforces the notion of women as property. It is no wonder men are happier, have better mental and physical health, and are better off financially within marriage than women. As feminist writer Bea Campbell argues in her book, The End of Equality, married women still do the bulk of the housework, and men do almost as little childcare as they did 30 years ago.

The institution has formed the backdrop to women’s oppression for centuries, and it continues to do so. Forced marriage, child brides and polygamy all show how human rights violations of women and girls all too often come hand in hand with marriage. It was not until 1991 that rape in marriage was made a criminal offence in England and Wales. Today, it is still perfectly legal for a man to rape his wife in more than 40 countries worldwide.



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Eastern Snobbery at Work

With the looming retirement of USSC associate justice Anthony Kennedy, people are not just worried sick over the direction of the court, but who will be the "worthy" successor to Kennedy.

A lot of names are being bandied about. However, what is interesting is just how full of shit the "eastern elite" really is when it comes to nominees to the high court. See, for us who are the great unwashed outside of that bubble, we don't really care what law school a candidate goes to, especially when that "education" is decades in the past.

What matters to us is the experience, temperament, and quality of a judge, not whether he or she belongs to a certain clique.

Whether the person selected to the high court is a raving wingnut or somebody who tilts to the so-called "left" or is simply a "moderate" like Kennedy, it is immaterial to the eastern clique. Two things matter to those who will vote on the nominee--the U.S. Senate: the candidate must have been an appeals judge or a law professor at an Ivy League school, AND, even more important, that candidate MUST be a graduate of a hoity-toity Ivy League law school, specifically Harvard or Yale.

This is why somebody like Nevada governor Brian Sandoval hasn't a prayer in hell of being nominated to the high court.  He doesn't have that all-important Ivy League pedigree.

As I wrote over on Facebook:

Sandoval won't even be on any list. First of all, he wasn't and isn't an appeals judge, but, more important to the eastern clique, he doesn't possess an Ivy League law degree. The great majority of USSC justices have Ivy League credentials, especially either Yale or Harvard. His biggest "sin" is having a law degree from a despised STATE university, Ohio State University. This should show to the public how absolutely insulated the eastern clique is from the "great unwashed." Most people couldn't care less about which college a judicial candidate comes from, but to the eastern clique, that is practically all that matters.


And then I added the educational background of the current court lineup:

Sotomayor--Yale
Alito--Yale
Thomas--Yale
Ginsburg--Columbia
Kennedy--Harvard
Gorsuch--Harvard
Kagan--Harvard
Breyer--Harvard
Roberts--Harvard

ALL have Ivy League law degrees. Ginsburg started at Harvard Law and finished at Columbia.

There is this notion by the eastern elites that only an Ivy League degree confers any kind of prestige or legal knowledge by a candidate. Considering the numerous shitty decisions by the high court in recent years, the last twenty certainly, the Ivy League "requirement" of high court nominees should be seriously reconsidered.

Obergefell v Hodges

Instead of being told what to think of the USSC decision which legalized same-sex marriage nationally, you can read the decision right here.

With the dissents it is a fairly lengthy read.

This decision isn't going to change things too much except to make divorce lawyers more rich. There simply aren't that many gays and lesbians in the United States that it is going to have much of an impact on the vast majority of people. And yes, it does definitely redefine the purpose of marriage because it is saying that other purposes besides the raising of children and the perpetuation of a society exist. "Love" and "commitment" are actually pretty flimsy reasons to get married, but by far those are the reasons people get married. No wonder so many people get divorced since people are fickle. However, this really wasn't the aim of the LGBs; they wanted those legal benefits afforded to heterosexual married couples and not go the piecemeal route of civil unions. This was easier for them. Of course, many people aren't happy about this decision, but there isn't a hell of a lot that can be done about it. It's like Roe v. Wade. Granted, there has been some chipping away by the high court on that decision, but legal abortion nationwide is still the law of the land 42 years later. The anti-abortion crowd will never make it illegal again; all it can do be is be pains in the ass in terms of women's access to it.

Anti-same-sex marriage will merely be useful for the right to galvanize the supporters come election time, but not a damned thing is ever going to happen here.

Besides, our politicians are too busy trying to screw us over with ruinous trade agreements and other handouts to big biz, Wall Street, and the billionaires to give a shit about anything else.



They Literally Make Shit Up

"They," of course, is the United States Supreme Court. The majority are either members of or are connected with the fascistic Federalist Society which seeks a way to screw over the American people to benefit the rich, even if they have to make stuff up and disregard precedent.

The Hobby Lobby decision literally undermined the Civil Rights Act of 1964. Now non-religious, for-profit businesses are free, under the phony-baloney guise of religious conscience, to openly discriminate. It won't stop with contraceptives or any kind of medical care, either.

The majority is so stupid and corrupt, they don't realize that as Catholics they, too, will be discriminated against if we take this decision to its "logical" conclusion. There are many, many so-called evangelicals who utterly despise Catholics, and don't think for a minute this kind of thing won't happen.


The Hobby Lobby and Wheaton College decisions herald the return of even more sinister “rights” of employers. After all, it was once the case that proprietors claimed the “right” to exclude Jews, or the “right” to refuse to serve blacks, or the “right” to refuse to hire or promote women. “It is my private property,” the proprietor would say, “I have the right to do what I want with it.” By upholding the employer’s supposed “right” to deny health care to women, the Supreme Court invites an attack on every democratic reform that was achieved over the past century.

"Libertarians" are really big on that shit. They hide behind the fig leaf of "property rights" to act like racist and sexist assholes. They don't get it through their thick skulls that everybody in our society is interconnected, and there are consequences to treating people like second-class citizens.

It isn't all about you and your selfish whims--it's about the greater good.



More About That Idiotic Hobby Lobby Decision

The WSWS has its take of this horrible decision here.

In my view, it goes WAY beyond health care and gives businesses the right to violate the Civil Rights Act under the guise of "religious freedom."

The five Catholics on the court are so dumb they don't realize they could be discriminated, too, on the basis that their religion violates somebody's fundamentalist Protestant beliefs and can be denied needed services.

It's always been a "libertarian" wet dream to repeal all civil rights laws because these demented individuals believe business owners should hire whomever they want and associate with whomever they want regardless of the consequences to others.

Yesterday's ruling is the opening salvo to that nitwitted end.


Justice Ginsburg Raked That Idiot Majority Over the Coals

She knows better than anybody else this ludicrous Hobby Lobby decision has opened the proverbial Pandora's box and basically legalizes wholesale discrimination against protected classes in the name of "religious freedom."

This isn't about contraception, as much as the court majority wants you to think. For example, LGBT groups can just about hang it up to sue businesses who refuse to bake cakes for same-sex weddings and the like under the guise of civil rights protections. That's dead now with this ruling.

Ginsburg opens with a bang, immediately describing the decision as one that will have sweeping consequences:

In a decision of startling breadth, the Court holds that commercial enterprises, including corporations, along with partnerships and sole proprietorships, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs.

Hey, forget the Civil Rights Act if it dares to challenge a business owner's religious beliefs.

This ruling is such a pile of shit, it boggles the mind.


The USSC is Completely Out of Control

The majority literally makes shit up, and it didn't stop with the ludicrous anti-labor ruling. Now they have basically legalized sex discrimination against women under the guise of "religious freedom." What a complete and total load of shit.

The Hobby Lobby is a BUSINESS, NOT a religious organization. Now any stupid employer can justify discriminatory treatment against women--or any other group--by hiding behind the fig leaf of religion. Pay women less or don't allow them to apply for so-called "male" jobs? Hey, perfectly legal now if you claim it's your religious belief.

As for health care, I am sure the Hobby Lobby will pay for Viagara and other medications that are exclusively for men.

This ain't about abortion and contraception--this is about discrimination against women which is ILLEGAL, at least until this stupid, corrupt court majority re-legalized it.

To sum it up, five male justices ruled that thousands of female employees should rightfully be subjected to the whims of their employers. That women can be denied a benefit that they already pay for and is guaranteed by federal law. That contraception is not essential healthcare. That corporations can pray. That the corporate veil can be manipulated to suit the needs of the corporation. That bosses can cynically choose à la carte what laws they want to comply with and which laws they do not. Each specific finding opens a door to a new form of discrimination and unprecedented corporate power. If you think this ruling won’t affect you, you haven’t been paying attention. If you think these corporations are going to stop at birth control, you’re kidding yourself.

The Worthless, Corrupt USSC Majority

More proof the United States Supreme Court isn't a real court anymore, and it hasn't been since at least Bush v. Gore.

The Roberts court literally makes shit up.

You watch happens down the road when "tenure" for public school teachers is abolished while it is allowed for other public sector workers.

This court literally makes shit up. They have been doing this crap for at least fifteen years. They made up shit about Bush v. Gore, they made shit up about Citizens United, they made shit up about the Second Amendment. They are completely and totally worthless, that majority.

What's this about going to junkets sponsored by the GOP? THAT alone is worth impeachment of the majority of the court.
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Etc.

Live stream of the George Zimmerman trial is here, among many places.

A person named "croakerqueen123" over at YouTube has uploaded all of the videos so far of the trial, just as she, like a number of others, uploaded the entire Jodi Arias trial for those who missed the live feed.
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The WSWS doesn't think much of the USSC's decision regarding the Voting Rights Act:

The Supreme Court decision targets the democratic rights not only of African Americans, but the entire working class. It removes a legal barrier to restrictions on the right to vote and encourages new efforts to curtail the franchise.

With consummate cynicism, Chief Justice John Roberts attempted to present his assault on the Voting Rights Act as a step, reluctantly taken, to pressure Congress to update the measure and bring it into conformity with present conditions. This pose of legalistic objectivity is belied by his role in the 1980s as President Reagan’s point man in attempting to weaken the act.

By effectively discarding the law’s enforcement mechanism, which requires Alaska and eight southern states, plus parts of seven other states, to pre-clear any changes in voting procedures with the federal government, Roberts gave these jurisdictions a green light to enact any changes they desire.

The Roberts court makes up shit, period.
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I agree the whole "gay marriage" issue is merely a diversion on both sides to keep attention away from the neoliberal assault on the masses in order to further enrich the elites:

The embrace of gay marriage by the Obama administration, large sections of the Democratic Party and even a growing number of Republicans and conservative business groups underscores the degree to which identity and lifestyle politics in its various forms—race, gender, sexual orientation—has become a vital element of bourgeois politics.

This serves as a mechanism for diverting attention from the assault on democratic rights, the expansion of war, the growth of poverty and the widening chasm between rich and poor.

Pro-Democratic Party organizations have promoted issues of identity and lifestyle as a means of obscuring these basic class issues, as a means of diverting attention from the reactionary policies of the Obama administration. The Democratic Party uses general support for equality to obscure its fundamental agreement with the Republicans on attacking the working class all down the line.

It is quite telling that bourgeois politicians and media are devoting so much attention to the Supreme Court’s gay rights rulings, while the court’s outrageous and wholesale attack on basic democratic rights, embodied in its decision striking down the Voting Rights Act earlier this week, garners dwindling attention.


I never understood all of the blather about the "right" to marry by gays anyway. Who gives a shit about a relatively inconsequential "right" when everything else is being destroyed?
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High heels should have died out for good after the early 1960s. The fact they have made a comeback proves many women really are stupid and will do anything to get the attention of men, and face it, that's why many women wear these torture devices.
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Score One for the LGBT Community

It looks like the LGBT community scored a big victory today when the USSC decided to overturn the federal Defense of Marriage Act, and at the same time declined to rule on California's Proposition 8, thus clearing the way for same-sex marriages to resume.

It's a big story. Of course it was 5-4.

Cynically speaking, this should help the Republicans in the next election cycle.

Or perhaps not, if they decide they have had enough with this issue and will focus on shitting on women's rights as a diversion while joining forces with "Democrats" to allow more pilfering of taxpayer money to benefit their rich backers.

The ruling on the Defense of Marriage Act means that the federal government must recognize the gay marriages deemed legal by the states — 12 plus the District of Columbia, before the California case was decided.

The law helps determine who is covered by more than 1,100 federal laws, programs and benefits, including Social Security survivor benefits, immigration rights and family leave.

“DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others,” the ruling said. It added that the law was invalid because there was no legitimate purpose for disparaging those whom states “sought to protect in personhood and dignity.”

You can read the decision here.

This had to do with an estate tax issue. It seems to make a lot of sense as this couple was together for some 44 years.

This appears to be the case where it doesn't mean same-sex marriage is legal everywhere--that's never gonna happen--but that if it is legal in some states, the federal government must recognize it.

It's almost saying state law trumps federal law.

Robert Reich Called It Right

He said the USSC would uphold the "individual mandate" of Obama's "Affordable" Care Act, and that is exactly what happened.

Strangely enough, Chief Justice John Roberts voted with the majority. The vote was 5-4.

The mandate’s advocates said it was necessary to ensure that not only sick people but also healthy individuals would sign up for coverage, keeping insurance premiums more affordable. The law offers subsidies to poorer and middle-class households, varying with their incomes. It also provides subsidies to some businesses for insuring their workers.

The law requires states to expand Medicaid coverage for poor and nearly poor households. In all, tens of millions of people are expected to gain insurance from the law, according to the Congressional Budget Office, as part of a march toward universal coverage, a goal that has eluded legislators and presidents – including Franklin Delano Roosevelt, Harry S. Truman, Lyndon B. Johnson, Richard M. Nixon and Bill Clinton – for generations.

The decision came on the last day of the term, which the justices extended by three days to deal with the crush of major issues. On Monday, the court delivered a mixed ruling on an Arizona law intended to crack down on illegal immigrants, which the Obama administration opposed.

Here is the decision in case people care to read it.

A Bought-and-Paid-For Court




Ever since the 1994 elections where the GOP was put in charge of the U.S. House, Americans have shot themselves in the ass by putting fascistic or neoliberal politicians in charge of our government. The majority "justices" of the United States Supreme Court have increasingly turned outright partisan and therefore worthless, making up shit decisions as they go along. Whether it is perverting the Second Amendment to think the average citizen has the same right as militias with regard to the "right to bear arms" or assisting a coup attempt (Jones v. Clinton) or violating the separation of powers in picking a president (Bush v. Gore), it is no longer about upholding the law or interpreting the Constitution. It's just another arm for the fascists to control the masses. They don't even pretend to be otherwise anymore.

Not surprisingly, they have NO intention whatsoever of overturning the hideous Citizens United decision legalizing bribery of "elected" officials. This is the Roberts court, which is literally making up shit as it goes along, ignoring precedent and common sense.

Not to mention they don't even pretend to be independent and impartial.

Perhaps Justice Stevens Should Reconsider Retirement

if Obama is going to replace him with somebody who leans to the right such as Elena Kagan, no matter how good her resume looks on paper.

There won't be any questions about Kagan's qualifications, expertise or intellect -- she's exceptionally smart and knowledgeable -- and she largely holds positions on social issues, such as a solid pro-choice and pro-gay record, that will be pleasing to progressive constituencies. But the same is true for many outstanding candidates to replace Stevens, including Appellate Court Judge Diane Wood, former Yale Law School Dean and current State Department legal adviser Harold Koh, and Stanford Law Professor Pamela Karlan. And those choices, unlike Kagan (or Sunstein), would maintain the Court's fragile ideological balance rather than shifting it decisively to the Right for decades to come.

Bush v. Gore II

The WSWS writes about the horrendous Citizens United v. FEC ruling of yesterday.

Although the WSWS won't state the obvious, I will. This decision was about permanent GOP rule.

Snip:

In other words, according to the Supreme Court, when corporations spend billions manipulating elections and obtain the desired results, this is “democracy.” This Orwellian characterization of democracy could have been dictated by the hedge funds, financial institutions, insurance companies and pharmaceutical corporations that routinely inject billions into American politics in return for favors from both corporate-controlled parties.

Up to now, under established law and Supreme Court precedent, corporations were obliged to funnel their campaign bribes though “independent” political action committees, or PACs. This placed certain legal and public relations restraints on their manipulation of the electoral process. Now, even these restraints are lifted.

From a legal standpoint, the majority opinion rests primarily on the specious claim that corporate campaign spending is protected by the First Amendment guarantee of free speech. The majority opinion baldly asserts, in disregard for the historical origins of the Bill of Rights, the democratic conceptions of its authors, and the egalitarian traditions that are deeply ingrained in the public consciousness, that corporate money equals speech.

This legal fiction turns the First Amendment upside down.

The NYT Talks About Citizens United v. FEC

as a blow to "democracy." Of course it is about keeping the Republicans in charge--forever.

Snip:

The majority is deeply wrong on the law. Most wrongheaded of all is its insistence that corporations are just like people and entitled to the same First Amendment rights. It is an odd claim since companies are creations of the state that exist to make money. They are given special privileges, including different tax rates, to do just that. It was a fundamental misreading of the Constitution to say that these artificial legal constructs have the same right to spend money on politics as ordinary Americans have to speak out in support of a candidate.

The majority also makes the nonsensical claim that, unlike campaign contributions, which are still prohibited, independent expenditures by corporations “do not give rise to corruption or the appearance of corruption.” If Wall Street bankers told members of Congress that they would spend millions of dollars to defeat anyone who opposed their bailout, and then did so, it would certainly look corrupt.

After the court heard the case, Senator John McCain told reporters that he was troubled by the “extreme naïveté” some of the justices showed about the role of special-interest money in Congressional lawmaking.


McCain is wrong. This isn't "extreme naivete." The majority knows exactly what they are doing. This is as blatant a partisan decision as Bush v. Gore.

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Crater Lake National Park Photos 1

 Here are a few pictures I took at Crater Lake National Park in southern Oregon today, including a couple of them from the historic lodge: