Today is the first Monday in October which means the Supreme Court begins its new session. For some time, I intended to write this basic article for publishing today. Recent events made that even more compelling.
My lack of respect for the courts, while far from universal, is not limited to the Supreme Court. Of particular note of late have been the rulings coming out of the courtroom of Federal Judge Aileen Cannon. However, the first topic I want to address is the Supreme Court. I lack a law degree. Someone who doesn’t is Ruth Marcus who writes for the Washington Post. This past Friday they published her op-ed, You thought the Supreme Court last term was bad. Brace yourself. In it Marcus paints a not so pretty coming attractions of what she – and she is not alone – anticipates from the Court this session. I suggest you read it if you want more details. Let’s just say that America as we know it is in their crosshairs of the Fascist Five.
Two Justices in particular are ethically challenged (and I’m being kind in my choice of words again). For years I have called for the impeachment of Clarence “Just give the money to Virginia” Thomas. Recent events have only bolstered my case. Thomas has clearly ruled on cases that reached the Court where his wife Virginia had a financial interest.
Now we have reason to believe that Amy Coney Barrett has joined him. Her husband is Jesse Barrett heads a firm named SouthBank Legal. Justice Barrett redacts the name of any SouthBank Legal clients, the firm and her husband from all Court ‘disclosures’. (In the interest of honest I felt compelled to put that word used in this context in scare quotes.)
Justice Samuel Alito says that if we question the integrity of the Court, we are a problem. I’d say if, based on their actions, if we don’t question the integrity of several members of the Court we have a mental problem.
Among other things we know that both Neil Gorsuch and Brett Kavanaugh lied during their confirmation hearings.
Chief Justice John Roberts wonders aloud why Americans are questioning the objectivity of the Court. Really, John! I thought you were smarter than that.
Now we come to Judge Cannon. Most recently she undermined the special master that the Trump forces suggested and she appointed. If her rulings were to be applied to a case where a drug dealer was the subject of a search warrant and law enforcement found them to be in possession of stolen drugs not only would the investigation need to be stopped, the drugs not used as evidence but they would have to be returned to the drug dealer as the proceedings wound their way through the courts. In what world does that make sense except possibly in the Donald Dome?
Trump is guilty as sin and his only hopes hinge on a delay game which he almost without exception uses when faced with legal charges (which he is no stranger to). Cannon is playing right into his hands – in my opinion on purpose in hope of his return to power and a promotion. Remember her resume is very skinny for a federal judge. She appears to be more dependent on fortune than prowess.
Her latest ruling sets December 16th as the deadline for the special master. That is the same day as the next deadline to avert a government shutdown and the week before Christmas. Think it might be a good time to bury a news item? I do.
I’ll give you a little sneak peek at my predicting 2023 article and one of the biggest stories of the year will be the Court’s ruling in Moore v Harper. The plaintiffs want the Court to recognize the supremacy of state legislatures to set electoral boundaries (and maybe much more) regardless of whether they violate state constitutions or state statutes. I have a simpler term for that: voter nullification. As bad as voter suppression is; voter nullification is even more anti-democratic.
Now I’m supposed to honor some of these judges?
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