← Previous Entries
Next Entries →

Breyer got it Wrong. Dionne gets it Right

April 12, 2021 By: El Jefe Category: SCOTUS

Last week during a speech at Harvard Law School Justice Stephen Breyer warned that “packing the court” by expanding it could erode confidence of the American people in the judgements of the courts.  When I read this my first reaction was that my confidence in the judgements couldn’t be any more eroded, especially after the Heller decision which overturned more than a century of precedent regarding gun safety laws, Citizens United which stupidly claimed that money doesn’t corrupt, Shelby which struck down key protections of the Voting Rights Act, and lately Knight which dismissed the case against Trump for banning critics on his Twitter account even though he used that account for public policy making.

Yesterday EJ Dionne called out Breyer for his position, correctly criticizing him for blaming the wrong side for politicization of the court.  Dionne pointed out the above cases and McConnell successfully stealing a seat when he refused to give Obama’s nomination of Merrick Garland to fill Scalia’s seat in 2016 and rushing Amy Coney Barrett’s nomination just a few days before the 2020 election that Trump lost.

Breyer is fantasizing about what the court should be rather than what it’s become, a tool for cementing in extreme rightwing ideology.  Biden is correct to open a commission about the court, and I believe it’s long past time to increase the size of the court to balance its judgments.  A better solution would be to establish term limits for SCOTUS seats, but that is more difficult due to the Constitutional arguments for not have limits.

All that said, it’s long past time to fix the Supreme Court, because what we have now is clowns in charge of the circus, and that damn sure doesn’t give any confidence in its judgements.

Tags: , , , , ,

Comments (12)

Roberts Ran Out the Clock on Emoluments

January 25, 2021 By: El Jefe Category: Emoluments Clause, Trump

SCOTUS just tossed two lawsuits against Trump for using his presidential office to enrich himself.  He had lost in the lower courts, so appealed to the SCOTUS.  The cases essentially asserted (correctly) that companies and foreign governments who wanted something from the US government would patronize the Trump Hotel or one of his resorts to get favorable treatment.  Trump was well known for doing favors for people who filled his pockets with money.  Having lost in lower courts, Trump appealed to the SCOTUS last summer.  Roberts ran out the clock and tossed the lawsuits today.  The reason?  Trump is no longer president, so the case is moot.  That’s like saying, “Yes, Mr. Smith did, in fact, murder Mr. Jones over a business dispute.  But since Mr. Smith is now retired, and the business is closed, the case no longer applies.”  Sorry Ms. Jones.

Tags: , , ,

Comments (12)

SCOTUS Denies Paxton – I Do Believe I Can Hear Ol’ Dandy Don Singing

December 11, 2020 By: El Jefe Category: 2020 Election, Alternative Facts, Trump

Years ago, retired Dallas Cowboys Quarterback turned Monday Night Football announcer, Don Meredith, would often sing “The Party’s Over” when a big NFL team had no hope of winning.  To wit:

Welp, I believe I can hear him singing even now.  The Supreme Court just denied to hear Paxton’s idiotic lawsuit to throw out millions of votes in 4 states, subvert democracy and install Trump as dictator.  Paxton, Abbott, Patrick, Cruz, and 17 US representatives from Texas sided with sedition rather than honoring their oaths of office.  SCOTUS said no. Alito, along with Thomas, dissented, of course.  Here’s the order:

155, ORIG.

             FRIDAY, DECEMBER 11, 2020

               ORDER IN PENDING CASE

TEXAS V. PENNSYLVANIA, ET AL.
The State of Texas’s motion for leave to file a bill of

complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot.

Statement of Justice Alito, with whom Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. See Arizona v. California, 589 U. S. ___
(Feb. 24, 2020) (Thomas, J., dissenting). I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue.

Tags: , , ,

Comments (20)

Here are Texas Politicians in Washington Who Support Paxton’s Lawsuit

December 11, 2020 By: El Jefe Category: 2020 Election, Alternative Facts

Yesterday, over 100 members of Congress signed on to Paxton’s lawsuit seeking to disregard the elections apply for a pardon in Wisconsin, Pennsylvania, Michigan, and Georgia and hand the WH back to Trump who was soundly defeated in the popular and electoral vote.  In addition to Ted Cruz’s offer to argue the case in the unlikely event that the SCOTUS took up the case, here are the pols from Texas who betrayed their oaths to protect and defend the Constitution, deciding to pledge fealty to Trump instead.  These clowns are safely gerrymandered in, so are not the slightest bit interested in upholding the Constitution or serving their constituents; they are only interested in staying in office.  History will not be kind to these guys.

Rep. Kevin Brady

Rep. Michael C. Burgess

Rep. Michael Cloud

Rep. Mike Conaway

Rep. Dan Crenshaw

Rep. Bill Flores

Rep. Louie Gohmert

Rep. Lance Gooden

Rep. Kenny Marchant

Rep. Randy Weber

Rep. Roger Williams

Rep. Ron Wright

Tags: , , ,

Comments (15)

Bible Thumpers Pissed that Others have Rights, Too

June 15, 2020 By: El Jefe Category: Steeple People

The Washington Post is reporting this afternoon that Christian conservatives are “rattled” that the Supreme Court dared to rule in favor of equality for everyone, even transexual and gay people.  At first I thought I was reading a headline from The Onion, and did a double take when I realized it was the Washington Post.  All the usual bible thumpers were quoted as shocked that their “religious freedom” to persecute others was being “eroded”.

This is the goddam 21st century, and we still have to put up with people who give themselves a wedgy when other people are acknowledged to have the same rights as their own dumb asses have?  Lord a’Mercy, give me patience. Oh, and BTW, I was actually shocked that it was a 6-3 decision with Gorsuch voting along with Roberts and Normal Judges to lock in that strong majority.  It must be a head fake for something really bad coming down the line, but I’ll take a victory when we can get it.

Tags: , ,

Comments (19)

A Bit of Comfort for New Year’s Day

January 01, 2020 By: El Jefe Category: Impeachment, SCOTUS

To get us off on the adventure of 2020, I offer a little comfort from none other than chief justice John Roberts who  issued his year end 2019 report yesterday.  In his summary, he talks about the importance of civic education for all Americans taking on the growing problem of fake news driving mob rule.  His best line:

“In our age, when social media can instantly spread rumor and false information on a grand scale, the public’s need to under- stand our government, and the protections it provides, is ever more vital.”

His statement also talks about the role of an independent judiciary to defend the Constitution and to protect our democracy both through its rulings but also urging judges to engage the public in civic education.  Reading this gave me some comfort that he’ll endeavor to preside over a legitimate impeachment trial when it comes, and hopefully keep McConnell and the rest of the sold out GOP from making a mockery out of our democracy (if that’s even possible).

This is a good read, so I am posting his summary to the report in its entirety , though it is a little long.  I recommend you take the time.

2019 Year-End Report on the Federal Judiciary

In the fall of 1787, Alexander Hamilton en- listed James Madison and John Jay to join him in producing what became America’s greatest civics lesson—the Federalist Papers. The three authors collectively wrote 85 brilliant essays for publication in New York newspapers over the next year, successfully advocating for ratifica- tion of the United States Constitution. Origi- nally addressed “To the People of the State of New York,” generations worldwide have hailed their works as an enduring exposition on the core principles of our constitutional democracy.

Hamilton, Madison, and Jay wrote under the shared pseudonym “Publius,” but histori- ans have since deciphered authorship of the in- dividual essays. John Jay appears to have shouldered the lightest load of the trio, produc- ing only five of the articles. Perhaps if Jay had

been more productive, America might have re- warded him with a Broadway musical. But his low output did not arise from lack of industry. Historians have deduced that Jay’s productiv- ity was in fact hindered by a calamity that arose in the midst of the Federalist project— the Doctors’ Riot.

In the winter of 1788, New York newspa- pers reported accounts that medical students were robbing graves so they could practice surgery on cadavers. In April, the chatter gelled into a rumor that students at New York Hospital were dissecting a schoolboy’s re- cently deceased mother. An angry mob stormed the hospital, and the mayor gave some of the medical staff refuge in the city jail. When the mob marched on the jail, John Jay, who lived nearby, grabbed his sword and joined Governor Clinton to quell the riot. In the ensuing commotion, a rioter struck Jay in the head with a rock, knocking him unconscious and leaving him, according to one account, with “two large holes in his forehead.” Hamilton and Madison pressed the Federalist project forward while Jay recovered from his injuries.

It is sadly ironic that John Jay’s efforts to educate his fellow citizens about the Fram- ers’ plan of government fell victim to a rock thrown by a rioter motivated by a rumor. Happily, Hamilton, Madison, and Jay ulti- mately succeeded in convincing the public of the virtues of the principles embodied in the Constitution. Those principles leave no place for mob violence. But in the ensuing years, we have come to take democracy for granted, and civic education has fallen by the wayside. In our age, when social media can instantly spread rumor and false information on a grand scale, the public’s need to under- stand our government, and the protections it provides, is ever more vital. The judiciary has an important role to play in civic education, and I am pleased to report that the judges and staff of our federal courts are taking up the challenge.

By virtue of their judicial responsibilities, judges are necessarily engaged in civic educa- tion. As Federalist No. 78 observes, the courts “have neither FORCE nor WILL, but merely judgment.” When judges render their judg- ments through written opinions that explain

their reasoning, they advance public understanding of the law. Chief Justice Earl Warren illustrated the power of a judicial decision as a teaching tool in Brown v. Board of Education, the great school desegregation case.1 His unanimous opinion on the most pressing issue of the era was a mere 11 pages—short enough that newspapers could publish all or almost all of it and every citizen could understand the Court’s rationale. Today, federal courts post their opinions online, giving the public instant access to the reasoning behind the judgments that affect their lives.

But the judiciary does a good deal more. The Administrative Office of the U.S. Courts, which plays a central role in supporting federal courts nationwide, has developed a wide range of quality educational products, including online programs focused on the younger mem- bers of our communities.2 The Administrative Office has produced classroom-ready curricu- lum materials on teen-relevant topics, along with teacher training courses. The Office organizes live events as well. For example, the “Open Doors to Federal Courts” initiative invites students to participate in realistic mock legal proceedings in working courtrooms with a local host judge presiding and volunteer attorneys coaching.3 The Federal Judicial Center, which provides education and training for judges and court personnel, has also developed online educational resources for the general public, including a rich collection of materials related to the history of the federal judiciary.4

Judges from coast to coast have made their courthouses available as forums for civic education. The United States Court of Appeals for the Second Circuit recently opened its Justice for All Learning Center in the Thurgood Marshall U.S. Courthouse in New York City.5 The Eighth Circuit has helped pioneer the Judicial Learning Center at the Thomas F. Eagleton U.S. Courthouse in St. Louis.6 The Ninth Circuit has dedi- cated space in the Robert T. Matsui U.S. Courthouse in Sacramento for the Anthony M. Kennedy Library and Learning Center,7 a fitting tribute to an individual deeply com- mitted to teaching about the values embodied in the Constitution. These learning centers revive the historic role of courthouses as vital and vibrant centers of a civically engaged community.

Judges and court personnel are coordinat- ing their efforts to develop best practices. In October, the Chief Judge of the Second Circuit and the Director of the Administrative Office of the U.S. Courts convened a conference, attracting federal judges and court staff from Maine to Guam, to discuss innovative pro- grams and resources that federal courts can use to help raise the Nation’s civics knowledge. Representatives, including judges, from every circuit in the country attended. Federal judges regularly participate in naturalization ceremo- nies across the country, becoming the first to greet many new citizens as “our fellow Americans.” And they also engage their communi- ties as volunteers. Individual judges at all lev- els of the federal court system, including bank- ruptcy judges and magistrate judges, are personally involved in national, regional, and lo- cal education programs. As just one example, the current Chief Judge of the District of Columbia Circuit has, over the past two decades, quietly volunteered as a tutor at a local elementary school, inspiring his court colleagues to join in the effort. I am confident that many other federal judges, without fanfare or ac- claim, are playing similar selfless roles throughout the country.

The federal courts cannot, of course, take on the challenge of civic education alone. They depend on generous partners to extend the outreach work. My retired colleague Jus- tice Sandra Day O’Connor helped to found iCivics, a non-profit that engages students in meaningful civic learning through free teacher resources, including video gaming.8 (As they say, to reach people you have to meet them where they are.) Justice Sonia Sotomayor has picked up the torch in that effort. The National Center for State Courts has developed innovative learning materials—including a graphic novel series about how the courts work.9 My counterparts in state, territorial, and tribal judiciaries across the country have their own ro- bust public education initiatives. The National Constitution Center is leveraging its marvel- ous museum in Philadelphia with videos, online learning, and specialized training—including a “Drafting Table,” which illustrates how provisions of the Constitution evolved.10 Closer to home, the Supreme Court Historical Society co-sponsors an annual Summer Insti- tute for Secondary School Teachers to assist them in teaching about the Supreme Court.11 And we at the Supreme Court partner with student and teacher programs sponsored by the other branches of the federal government—including the Senate Youth Program12 and the James Madison Memorial Fellowship Foundation13—in addition to offering our own undergraduate internship program.14

Two hundred years ago, Chief Justice John Marshall referenced the Federalist Papers in his landmark decision of McCulloch v. Mary- land, stating, “No tribute can be paid to them which exceeds their merit.”15 The Federalist Papers provide a foundation for understanding our Nation’s charter, but—as Marshall himself realized—those 85 essays are only a starting point.16 Civic education, like all education, is a continuing enterprise and conversation.

Each generation has an obligation to pass on to the next, not only a fully functioning govern- ment responsive to the needs of the people, but the tools to understand and improve it.

I ask my judicial colleagues to continue their efforts to promote public confidence in the judiciary, both through their rulings and through civic outreach. We should celebrate our strong and independent judiciary, a key source of national unity and stability. But we should also remember that justice is not inevi- table. We should reflect on our duty to judge without fear or favor, deciding each matter with humility, integrity, and dispatch. As the New Year begins, and we turn to the tasks be- fore us, we should each resolve to do our best to maintain the public’s trust that we are faith- fully discharging our solemn obligation to equal justice under law.

Once again, I am privileged and honored to be in a position to thank the judges, court staff, and judicial personnel throughout the Nation for their continued excellence and dedication.

Best wishes to all in the New Year.

John G. Roberts, Jr.
Chief Justice of the United States December 31, 2019

Tags: , , ,

Comments (20)

« Previous Entries
Next Entries »