Professor, your testimony is more relevant than ever. Add Clarence Thomas to Roberts and we have just scratched the surface of government not working for the people. And the possibility of corruption when Corporate America rules. We’ve watched the courts dismantle the rights of citizens, as corporations gain power. Voting Rights, gun laws, immigration, Equal Rights and the almost latest, the end of Roe v. Wade and Women’s Right to Choose.
“It may seem strange to talk about the economy in moral terms but that's only because we often don't recognize that moral choices are involved.” When and how does this stop?
Regardless of his personal views, he fouled the prestige of his office. As chief, he should have restrained Scalia when he had obvious conflicts of interests. and held hearings on Thomas, who is a serial ethics offender. The latest is the allegation that Thomas' wife used his office for political purpose. All he had to do is state that the Judicial Code should apply to SCOTUS, but he sat on his hands. https://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges
IMHO as soon as a bias issue surfaces, Roberts should investigate or be held responsible. 28 U.S.C. Sec. 455 deals with the disqualification of district court judges and it states in part: Any justice, judge, or magistrate, of the United States shall disqualify himself/herself in any proceeding in which his/her impartiality might reasonably be questioned..
ironically, some of the others are known “perverts” and yet others are religious zealots... it’s the “keystone cops” of the judiciary. It’s clear that this group is the worst collection that humanity has to offer... sans a few voices.
Unless one of the other conservative Justices becomes Chief who will then give Roberts a run for his money so to speak. This would require as a condition precedent that Roberts for some reason leaves the Court.
Daniel, thanks for the info. I didn't think about how bad a chief justice Roberts is on ethical grounds. I knew he was really bad related to his decisions, but the ethics piece really makes a more complete picture of what a pathetic human being he actually is. I am going to check out the articles as soon as I can.
Oh geez, EXCELLENT Daniel. Discouraging....the Supreme Court is so much worse than it was under Scalia. I thought he was absolutely awful....and here we are, ugh.
Thanks for the links, they were interesting in themselves. Also, I'm surprised that Roberts wasn't mocked for whining about the diminishing respect we all have in the Court. After all, he was saying it to a conservative echo chamber for the purpose of receiving sympathy and agreement. If he was making a PR statement, his fake bewilderment was unconvincing. It's obvious why we don't hold the Court in high esteem anymore.
She is not a judge. Your boy just filed another frivolous suit against her here in Florida, After it is thrown out, he is open to a malicious abuse of process suit by her.
BTW I was involved in this stuff and even the most conservative Federalist Society members agree on what has happened to the court's reputation. Only a cult member would defend it, so if the shoe fits, maybe medication can help.
@WannaHamburger. You ARE a hamburger! What a ground up mish-mash you are spewing there! "Letitia “Tish” James is the 67th Attorney General for the State of New York. With decades of work, she is an experienced attorney and public servant with a long record of accomplishments. She is the first woman of color to hold statewide office in New York and the first woman to be elected Attorney General." AG James is the duly elected top legal officer in New York. Trump is a proven criminal who is just beginning to reap the wages of his sins.
And as things appear to be going now, I would be thrilled if Letitia James and Fani Willis were President and Vice-President of the U.S. (in any order of "billing"). They are showing such courage, spine, heart and brains and apparently have retained possession of their moral compasses! Fani Willis in particular is a hero, just keeps doing her job - on behalf of saving America from a crime syndicate masquerading as a political party, not seeking the spotlight, microphones and TV cameras, doing it all as a Black woman in the South while "fielding" all sorts of threats. A real warrior for Truth, Justice, and the American Way!!
Yes, other than the Jan 6th Committee (essentially led by another woman, Liz Cheney, we've had little other accountability for Trump & his henchmen from our government
More power to her! It's about time we have an AG who takes her job seriously & is willing to bring the traitorous criminal to justice. If only we saw something concrete from the US AG showing that he intends to bring accountability to Trump!
Irenie, you are write in your appreciation of the economic effects that the Roberts court has caused or allowed to happen. His racism, classism, and misogyny become more evident every day. He has always hated affirmative action, claiming it forces colleges and universities to accept less qualified applicants. There is no evidence of that, but his belief and comment is a sharp slap in the face to Black and Latinx Americans in particular. I heard part of the argument and was appalled at the pathetic questions and comments the conservative justices were making. They were trying not to look racist, but it didn't work and Roberts was the standard-bearer. I understand Roberts looks like a "clean-cut American boy," which could be at least part of the reason such a man would even be considered for the court and to be the Chief Justice. (I wouldn't know about his looks as I am blind, but his voice sounds like the snake oil salesman who sells crap and he knows it.) I am guessing he is that snake oil salesman who is selling "freedom and democracy" when what is really in his wares is autocracy and white supremacy along with a few cups of homophobia, transphobia, xenophobia, classism, ableism, and more of the garbage that lurks around American life.
Question I don't see asked but I have asked it to many. So a less qualified (by whatever standard, grades, sat, money, sports ability) than another get into any university. Do they pass or fail at a higher rate? What I am saying is it is an opportunity but not a guarantee. They still have to earn the degree. Or at least I think they do. Well does anyone know? Please let me know. All the people I went to college with that got in with help from AA passed and graduated on there own. Most of the people who did not make it were white males. But a lot of white males also graduated. Help
Read bill Deresiewicz’ Excellent Sheep. If you have a goal, you can rank those in order of how close they approach that goal. If it is a poorly defined process, how can you say one is less qualified than another?
Finally! Thanks, Professor Reich, for saying it all about Roberts, no punches pulled. It's good Justice Sotomayor is there to represent the virtues of affirmative action on the court. The lamentable downside is Justice Thomas who seems proud to admit he doesn't even know the meaning of the word diversity.
We the people need to see Trump’s obvious criminal and treasonous realities  prosecuted to the full extent of the law. No one is above the law to include Trump.
PEACEFUL PROTESTORS? The ones that stormed the Capital, defecated in the building, wanted to hang VP Pence, killed a Capital police officer, etc. PEACEFUL?
OMG! WannaHamburger, Is Trump paying you to come on this thread and put out his less than half-baked nonsense? No one is picking on Baby Donnie. He is acting like a spoilt child and has for decades. He rarely is held accountable for anything he does and gleefully parades our inability to catch him. He knows full well and there is proof of it that he knows well that he lost the 2020 election, but as usual, he needs attention like a toddler who just can't quite figure out how life works, but needs to throw tantrums now and then to make sure he gets as much notice as he can stand and he can stand a lot. He doesn't even care too much what kind of notice. I am sure he would thank you for your contribution to his attention-seeking efforts.
Isn't the endless corruption, division, sedition, incitement, subterfuge & treason by Trump worth putting him away on behalf of the national security of the United States that Trump has put in jeopardy & continues to do so?
Jaime Ramirez ; At least don't allow him to play anymore. Some hefty fines from the Civil suits might slow him down, especially when his big daddy donors stop giving to a loser, like him.
Then we can all focus on the reason he was 'bribed' in the first place : the FAT cats who are obscenely rich, you know, the ones who received ill gotten gains , trillions from our treasury. Rich tax dodgers. 'Legal' cheats.
A brilliant well reasoned advice to the Republican led Senate which in 2005, the GOP held 51 seats and W was president. If we are to have a truly representative government we would need to root out every greedy, self interested legislator in both parties, in both houses, We also need some sort of vetting to assure any candidate, knows and understands the articles and amendments in the Constitution. We need "Free and Open" elections. But I fear we are staggering toward an authoritarian, fascist leaning government whose motto will be for the wealthy, by the wealthy, and and the rest be damned.
Fay, as optimistic as I have usually been about our ability to keep our democracy together, I fear you are right on this one. The rich are child-people who never had to grow up and just have endless wants and none of those wants are in the direction of enhancing our democracy.
OK, Wanna, you are wrong about that and you know it unless you are a troll from somewhere else. Bush did not win the popular vote in 2000 so he is much more like Trump who didn't win the popular vote in 2016, actually losing by about 3 million votes. Biden won by 7 million votes and the only fraud found anywhere seems to have been efforts to get more votes for Trump. Sorry, but you are just wrong!
@burger. I wouldn't say that any President has been perfect or that any were without faults. But W was a paragon of responsible public service compared to that pussy grabbing, draft dodging tangerine twat waddle. Old bone spur is only here because of the 58,220 Americans who died in Viet Nam so that he could take over his daddy's racist real estate business.
At least they more or less carried out the functions of the President, although Bush admittedly inadequately, unlike Trump, who was not only derelict in his duties, but malicious toward his perceived adversaries, corrupt by prioritizing the greed of billionaires & multinational megacorporations over the welfare of the public & sustainability of the environment & treasonous through prioritizing Russian interests over our own.
@john terence king. All it takes for evil to win is for good people to do nothing. Also, its perverse and twisted comments give us all a chance to espouse our values to one another and keep the record straight on this forum. It's a time suck when you get a persistent one like burger boy...
Disagree. In the case of trolls who distract and jam up conversation, it's degrading to discussion. Trolls either want attention or are paid. If they were ignored by everyone, they would be talking to a vacuum. And we're wasting our time talking to a bot vacuum with our replies. Lack of attention is the most powerful statement of all. I'm glad that one was banned.
I don't mind a reasonable challenge. But the pattern trolls leave is obvious.
Only after Supreme Court Justice Sandra Day O'Connor, a Republican who had repeatedly said that she’d only retire if a Republican came into office during the 2000 election so that her replacement would also be a Republican, threw the election to him. .
SCOTUS should always remember the declaration that preceded the Constitution, perhaps the finest political document in the English language since Magna Carta in 1215, which also enshrined the rights of the common man and started England on the long, slow, road to democracy:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed."
What are we faced with now?
Life? Generally lousy and impoverishing healthcare which may be snatched away at any time by a boorish Republican cult.
Liberty? Tell that to all those imprisoned by Fentanyl addiction.
Pursuit of happiness? Tell that to all the people who have to work two jobs just to keep up with the bills.
In 2024, Democrats need a solid platform from the left, with a charismatic leader to take over from Sanders.
Michael, I understand conservative thinking largely stems from conservatives’ interpretation of the equality provision in the Declaration of Independence. From their perspective, Jefferson viewed the government’s role not as undoing all harms, but as securing equal rights. Conservatives seemingly have concluded that in Jefferson’s view, what one makes of those rights, what social status one obtains as a result of his or her efforts, is not a subject of public concern; it is entirely up to each individual. Regrettably, I don’t know enough to nail how conservatives arrived at this perception of Jefferson. Still, I don’t trust it.
Barbara: you don't trust it, and with good reason. How can anyone be created equal when Trump is born with a silver spoon in his mouth, and others are born in a trailer park with parents working two jobs just to keep up? A century ago, Godel was able to prove that mathematics is incomplete, i.e., roughly speaking, that there are certain mathematical propositions that are unprovable. Now whaddya think of language? It's how lawyers make a living.
If it were possible, I would retire all the pompous windbags on SCOTUS and scrap the institution.
Michael, Frankly, what I don’t trust are conservatives’ interpretations of Jefferson aside from the fact that he viewed the government’s role as securing equal rights.
@burger. When someone opens their mouth and nothing comes out but shit, we often judge them "ass breath." Same thing when you type nothing but shit....
Some members of the Supreme Court keep demanding respect from the public. As many arrogant leaders they seem to live in their own little world and have forgotten some basic rules about leadership. Anybody who has been in a leadership role , and almost everybody has in some shape or form, knows that real respect cannot be demanded but has to be earned. So, if some members of the Supreme Court believe they are not being respected by the public , they better have a critical look at their own behaviour to find out why instead arrogantly just blaming the public. Public perception of the Supreme Court and/or individual members is determined by the behaviour of its members and can only change if members change their behaviours. A very basic lesson which even well educated people often seem to forget when rising up the ladder simply because it requires humbleness. This goes well beyond the Supreme Court and equally applies to politics, business ,private life etc
Dirty, dishonest politics is what turned the Supreme Court into just another right wing tool. If they want respect, they would do well to keep politics and theocracy from influencing their decisions and behavior. I believe it is time to pack the court in order to return their status as a body that is respected, and one that works to preserve the constitutional rights of all in this country. I have no respect for a court that deems women as second class citizens or one that says a corporation is a person.
What might help as well would be to introduce term limits. Yes, this can be done even with lifetime appointments.
There have been active proposals in Congress to do this and limit justices to a two 9 year terms. After that they either retire with lifetime compensation under Federal Courts retired status or rejoin another Federal District or Court of Appeals.
Yes, Dr. Gilbert, I agree with the SC term limit and hope it will pass. I would also like to see more transparency in their deliberations and a draft ruling that can be discussed and where errors can be pointed out by interested parties. The secrecy is unnecessary, especially when it involves our lives and the future of our nation. A surprise ruling can be crippling and is unnecessary. None of the justices is so wonderful their decisions are instant sparkles. Alito's report on the overturn of Roe v. Wade is case in point. It is disgusting and should have been seen as irrelevant it was so poorly done and essentially said that since women and abortion were not mentioned in the Constitution, women have no right to abortion and maybe none to birth control or whatever the Catholic justices come up with in their march toward a Catholic theocracy for America with them acting as the morality police, ala Iran.
Wouldn't two 9 year terms consecutively be 18 years? That is a huge chunk out of a woman's fertility. Or a prisoner's life span. No Justice should be unaccountable or above the law. Even Supreme Court justices. Especially when they are treated to 'junkets' and other gifts of value.
The 9X2 model is based somewhat on the term system for Article I magistrate judges in the Federal System. These judges have renewable 8 year terms. There is a performance review done towards the end of each term. This allows for both continuity in a job, which takes years to learn, and gives the supervising chief judge a review point.
Terms could be shorter than 9 years. Odd numbers are better to move things out of the 2 or 4-year election cycle.
Hans, that was well-said. Leadership is challenging at any time, but when as you say, a leader has to beg for respect, they are going about something in the wrong way. I honestly don't see any of the conservative justices on the SC doing any self-examination. They have been trained well to think themselves superior and that they have god's ear and are doing god's will. They are contemptuous of those of us who don't agree with their assessment of their relationship with God.
Hans, in my view Supreme Court Justices, are not Leaders, they are guardians of the constitution and there to interpret actions by the rest of the government in relation to the constitution. Now whether they do that work correctly or not, of course is up to review. Unfortunately any and all casting aspersions on their character is useless and a distraction, no matter how satisfying it may be to many. All issues with their opinions have to be based on interpretation, of the constitution. Each of these justices, by the time they reached the Supreme Court had earned real respect in the corridors of justice and politics. Whether they meet our views or not. I agree that having the ability to be humble is important, but they, generally, are no longer rising up any ladders.
Steve O'Cally : As far as this citizen human is concerned, Justice should be fair and just, within the guide of the constitution and the rule of law. Interpretation of which is the challenge. Politics and religion not to dominate or inform unduly. In other words, as Professor Reich has pointed out ; Established rights should not be taken from us, and precedent should count for something. I would add that just because drawing and quartering was once allowed, does not mean it should be legal, if it ever was. Common sense, you know?!
Ruth, You keep responding to WannaHamburger ( It's a Wimpy Burger). He has you on his chain. Lots of folks have told you to ignore this troll, but you don't. Why
A Supreme Court that would ignore and negate the inescapable fact that millions of Americans are born and live much of, if not their entire, lives with one or both feet in a social, educational and economic hole, with Affirmative Action the only viable mechanism enabling any chance of their standing on ground level with their white fellow citizens would, if the right court case were cynically crafted and placed before them, also strike down progressive income taxes as unconstitutional — and act thar would forever destroy the Republic’s ability to finance every necessary service and enforce every just law that, somehow, miraculously remains on the books.
In each case, the Court’s decision would not be for the purpose of upholding the concept of “Equal Justice Under Law,” the phrase chiseled into the pediment above the Supreme Court Building’s portico that grows more hypocritical by the day, but to dig its pale white heels into the earth to delay, by whatever means at its disposal, America’s inexorable transition into a majority-minority society. It would be nothing less than the enabling and enshrining white privilege and the tyranny of the rich.
Avie, I have noticed that when conservatives make one move and get away with it, they keep going to see how much trouble they can cause with impunity. They have gotten away with a lot. It is nearly 2 years since January 6th happened, for example, and none of the ringleaders have been prosecuted, even indicted. The highest have been the Oath Keepers or Proud Boys (I have lost track of the inaction), and they were coordinating some of it, but under the direction of others and those others are still untouched and one even intends to run for President again even though he is totally losing it. Republicans are so sure of their lack of prosecution, they are defying the Constitution and running for office all over the country when our Constitution forbids anyone involved in an insurrection to ever be able to hold public office again. Senate Republicans just can't seem to follow the Constitution at all lately and care so little for the American people they just can bring themselves to pass a law that would keep the insurgents from office. In fact a few of them are among the insurgents who have not yet been indicted. What a mess!
Ruth, the fact that deadly attackers were not shot off the wall at the capital, says a lot. And then these deadly criminals wee allowed to hold rallies and parties. Trump should have been indicted BEFORE elections. But we watched and did nothing when republicans stole 6 out of the last 7 presidencies. No republican since HW has won the popular vote, i.e., the will of the people. The electoral college is a scam to cheat out the voices of the people. And we ignored it election after election.
Yes, in 2000 the Supreme Court by 7 to 2 "elected" W as President , a totally sick joke on the American people! But in 2004 W beat John Kerry by winning the popular vote and electoral vote.
Tim Baldwin : I still firmly believe that even that 'win' was illegitimate. The Electoral College taints the results of ANY election just by it's unfair and unbalanced misrepresentation of citizens. The numbers are way way off, giving Republicans unfair advantage.
Tim Baldwin : truth is, George W Bush did not win the popular vote. People like Roger Stone sent crowds of 'citizens' to Broward County in Florida to end the protests of people who wanted their votes counted. The secretary of state in FL was a partisan hack working for Bush's brother. Who happened to be Governor of FL. The 'Supreme' court decided that George's interests outweighed those of the millions of voters in the United States of America, in a decision that held that George W. Bush would be harmed if his interests were 'trumped'. I will never be convinced that this was a legitimate win. Just the fact that the Electoral College was in the mix guarantees illegitimacy.
Not sure if it's a fact and I don't have time to check it out, but I read once that the personal income tax was originally designed to tax the uber-wealthy of the time, and middle and lower classes weren't taxed at all. Considering the obscene wealth accumulation today, if the same idea applied, we would still be ahead of the game and finance everything that everyday people do now and more.
Of course, the rich would try to dodge, but loopholes can be closed. The wealthy have thrown an enormous pity-party and threaten to "leave the country" if they are taxed "unfairly, " but where else would they go? Float around on ships like the international arms dealers? They have addicted us to their goodies, but we need creative solutions or we are enslaved . . . if we're not already.
Perhaps They could creat huge orbiting space station where they could continue their fantacy of superiority and isolate the rest of us to the polluted and depleted planet to provide the good and services they require . . . it could be called Elysium . . . oh wait a minute that was a movie a while back. Laugh it up fuzball. Just thought it might be good to lighten things up from time to time. {Thoughts from the theater of the absurd!!!}
A study found that students are 45% more likely to get into a highly selective college if they're considered primary legacy (Daddy or Mommy are alumni). Children of alumni affirmative action! Why isn't this before the Supreme Court too?
Tim, as a teacher and a strong supporter of my college alma mater, I have seen first generation college graduates be lifted out of poverty and bring their families with them. Why indeed is not legacy affirmative action challenged.
Let me ask you this: what percentage of those admitted to colleges via legacy slots are the children, grandchildren or other direct descendants of those who were admitted to those schools WITHOUT a legacy leg-up -- as they had to be by virtue of being the first in their line to attend or, in many cases, go to college, period?
Rewriting the lyrics of that classic song of blind obedience, "Give Me that Old-Time Religion," into a new, and more useful context, of college admission without a legacy assist
It was good for our mothers
And it's good enough for me.
Unlike POCs and others caught in the polar vortex or quagmire of economic, social and educational disadvantage, those granted legacy status are not disadvantaged; in many cases they already have the advantage of the circumstances into which they were born by virtue of what their parents achieved through, at least in part, the edcuation at the very institutions to which they children are now applying. These kids need no more than that.
Perhaps it would be more appropriate to call him a profound "Elitest" with no understanding of the importance of community in establishing a fruitful civilization.
There are record breaking numbers of voters registered and mailing inballots, voting in person, just voting in general. There are more voting than in any previous mid term election. Don't hold your breath waiting for most mainstream media to report this. They are owned by the losers.
Steve e ; Huge numbers of voters usually indicate a win for Democrats! The majority of voters vote in their own interests period! This is an established fact!
Depends on whose “family” wealth you are addressing! The family wealth of a good 80% of Americans decreases with every period of inflation that occurs! I remember GW Bush proposing during his presidential campaign that the wealthy paid the greatest % of taxes and, therefore deserved a huge tax cut. Since the wealthy owned 90% of the nation’s wealth decreasing their taxes is equivalent to locating a gold mine in an area with no gold!
The problem with an articulate, well thought out and implementable opinion like this is that the ones who really need to read or hear it can't take in anything longer than a sound bite. We are on the same page with you, which is why we get and enjoy reading your pieces daily. How do we get to those, like Owen Roberts, who might be on the verge of flipping to the other side, so they can put their eyeballs on it? Or do we have to take Justice John Roberts into a classroom and have him talk with BIPOC students who have to work twice as hard as white students just to stay in place? Reparations can take many forms. We think of it mainly as property or monetary, but these are often not the most important forms. Opportunity may prove more important, and the John Roberts' court stakes its philosophical foundation on the denial of enhanced opportunity in spite of powerful evidence that blacks, native peoples, and people of color in general are not provided an equal education, housing, food and medical access from birth.
Wayne, You have some really good ideas here. I don't think that Roberts will ever see the value of affirmative action no matter where he would go to see its value. He came to his decision a really long time ago and is so wrapped up in his own self-righteousness he can't even imagine it. All he can think is that somehow white kids are missing out if ?Black and other kids get a chance. I can't help but wonder what happened in his life that let him stand so firmly against helping anyone but white people. Racism is ugly and to have so many of our SC justices as racists, it is difficult to see that things will improve any time soon. Maybe colleges and universities should do what they have to do to get a diverse student body and just don't call it race. Maybe a lottery of qualified people would work. It is just so sad we have such a jerk as our chief justice.
Perhaps it would be more appropriate to call him a profound "Elitest" with no understanding of the importance of community in establishing a fruitful civilization.
What is more violent, an abortion, or the incest that resulted in pregnancy? Which is more violent, requiring a background check before a person buys a gun, or allowing open carry fire arms in a zoo? Which is more onerous, a tax on petroleum products, or a fire destroying an entire town caused by a climate induced storm? Perhaps if you would read the nature of the comment I made before you throw in a canned critique of what was said you would gain some measure of credibility.
I recognized how much income affects the education of children after being puzzled about seeing how the wealthier kids always scored higher on tests during school. I always scored fairly high on all the tests we were given throughout school including the SATs, but I noticed that there was a bunch of kids, a group if you will, who always seemed to score higher than I did. I wondered why that was so, but I didn't think much about it then as I always did well enough. It's only lately that I figured out why that same bunch seemed to score so high. I didn't think they were cheating, but now I wonder? lol. I grew up in a small town in the rural South. The educational system wasn't particularly great. In that town of 29,000, there was only one grammar school where all the better students went, regardless of where they lived even though families of the wealthier people tended to live in 3 neighborhoods. The school that kids went to was supposed to be determined by where you lived, except that the best students all went to this one grammar school called Central Primary. Most of the students at this school were from professional families, if not all. Being from a family of a working class father and mother, I have finally put 2 and 2 together. I was a good student. My brother and sister were good students, but we were a level below the kids of the real professional families of that town. I have realized that income makes a tremendous difference in the test scores that kids make throughout school. It's not the only factor, but even among white middle class kids, it is a big factor. It determined where students went to school, and how good their early educations were. The 90% of children in the city where I lived, and didn't attend Central Primary got the shaft, and these are the white kids. The black kids all went to a separate school altogether since I grew up in the segregated South. Those black kids received a terrible education back in those days. I've pondered over this many times, and finally realized that there are many degrees and levels of education that this country has offered its children, and a family's income has been a big determinant of the quality of that education, not only on a racial basis, but on a financial one as well. The racial basis produced a double whammy on those children because, in general, the black kids in my town were the poorest educated because of their skin color and their income because almost all the black families in that town were the poorest families there. So, after all is said and done, there are a dozen factors that produce striated levels of education, and that produces many levels of test scores. I was always pissed that the kids of the wealthier families had so many advantages over me in so many ways. It was bad enough that they had money advantages, that Mercedes. I was a sensitive child and I noticed all the advantages, even the subtler ones. They both motivated me to do better, but they also hurt me as well because you can't overcome them all by working harder. Life is an unfair adventure at best, and there are many unfair advantages and disadvantages we experience along the way, but we must not add more bullshit on our citizens. We must try to equal out the disadvantages our children and our citizens face along the road. We must remove the unfair advantages, too. I know exactly what the Repub would say here. "Who determines what's an unfair advantage?" Only someone who enjoys one would say that, but I've had them say it to me. We can't allow things like income and race to give or take away a citizens' right to find success and happiness. We must level the playing field at every turn. At least, that's how I see it from my vantage point from somewhere below the middle where I now find myself at age 74. If I were skating along the top, maybe I'd see it differently. I never thought it was fair to put up blockades to hold my fellow citizens down, so that I could keep my advantage or get one, even though it might not have been in my best interest. I always had a sense of fair play that ruled my ethics, although I was, and still am a very competitive person. But I play by a set of rules that allows everyone an equal and fair chance. The point of all this, in case you don't get it is, I believe in keeping affirmative action in place as one factor to help in making our country stronger and fairer for those who couldn't go to Central Primary.
Having grown up in an even smaller segregated rural Southern community, I don't disagree. Recently I came across several class photos that my mother had saved from the late fifties, and I am grateful that she did. Each one shows a single teacher with at least 40 students, more than a few in overalls. And then I wonder what did the students in the Black school endure? Sad to say, I did not know any of my Black contemporaries, but I do recall that the daughter of the Black undertaker when to Spellman College in Atlanta and from there to Sarah Lawrence College. It made the local newspaper, although I have no idea what her life was like later. As a daughter of the white professional class, I had the grades to get into a school like that, but I chose the recently integrated state university because I thought it was more "democratic." Boy, did I get an education. The interfraternity council decided almost everything, and Black students had to be isolated and protected. After graduation, I moved North and rarely looked back.Sadly, many of my small town classmates are no longer alive. A few went to Vietnam. Some had medical problems early, but at least two took their own lives. Both their families were in that professional class, so their privilege didn't save them. I wonder what might have.
Roberts & Kavanaugh were part of Roger Stone’s “Brooks Brothers Rebellion”. Now we know why a rage-filled Kavanaugh believed he was promised a SCOTUS appointment and he demanded they deliver.
Roberts’ “life project” has been to overturn the Voting Right Act, the way Thomas goal was to end Affirmative Action, and Alito’s waa to end Abortion. These plans were made during the Reagan/Bush/Bush years of the Party.
This has been a Group Project to destroy the last remaining New Deal and Great Society progressive advances. Next they will eliminate Obamacare, Medicare, Medicaid, and Social Security.
They have almost succeeded. We must stop them at the ballot box.
The context of this problem, namely a country bitterly divided on partisan lines, makes it very difficult to solve. But in trying to be part of the solution it may be necessary, not only to encourage people to go out and vote next Tuesday to protect your country from great danger (as I note the comedian Stephen Colbert, and Senator Elizabeth Warren on the show have been doing) but to aim for the long term, in encouraging values connectedf to the common good. Given that Republicans may prevent schools from doing this, it may be necessary to organise events outside schools in public. Your "Chautauqua" tradition may be suitable for this, especially if visual stage drama (perhaps filmed, for wider use later) is part of it. Good luck next Tuesday, as well with organisjng things like this.
Miland, there is nothing on PARTISAN lines. We have the Democratic party against Fascism. The division is Democracy vs Fascism. The entire republican party backs deadly seditionists. Period.
I'm not sure about the "entire" bit. If you have "MAGA" instead (meaning that adsmittedly large f(r)action), fair enough. But I would welcome opinion from your fellow citizens who actually live in the US (as I assume you do) about whether the GOP is 100% MAGA, given that they are liable to dominate the candidates adopted for running, given the influence of the cult of Trump.
You should send today’s writing to President Biden as an argument for expanding the court and for term limits. Your piece also reminded me of Congressman Clyburne’s argument for his preferred SC nominee, a competent, intelligent woman who did not receive her law school education at Harvard or Yale.
It is appalling that one smug, self-satisfied man who pretends to be “Christian” can do so much damage. This happened because Roberts has had decades of control of the SC. Every decision you listed moved our country backwards in the direction of maintaining a permanent serf class.
What can we the people do to help bring necessary changes to this fossilized Supreme Court?
And we have this about this corrupt Supreme Court “Yesterday morning, Kyle Cheney, Josh Gerstein, and Nicholas Wu of Politico reported more about the eight emails lawyer John Eastman, who wrote the memo outlining a plan by which then–vice president Mike Pence could steal the 2020 election for Donald Trump, tried to hide from the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol. The emails included discussions between Eastman, fellow Trump lawyer Kenneth Chesebro, and others about how to stop Congress from counting the certified 2020 electoral ballots on January 6, 2021.
In the emails, Chesebro urged arranging to get a case before Justice Clarence Thomas on the Supreme Court so he could issue a stay that would cast doubt on the legitimacy of the election in Georgia. They should “frame things so that Thomas could be the one to issue some sort of stay or other circuit justice opinion saying Georgia is in legitimate doubt.” Thomas oversees the circuit court that includes Georgia, and he would “end up being key” to getting Biden’s victory overturned.
Eastman responded: “I think I agree with this.” Such a move by Thomas could “kick the Georgia legislature into gear.”
“As a young lawyer, Eastman clerked for Thomas, and Dan Froomkin of PressWatchers noted that Eastman and others were in this same period of time writing to Thomas’s wife, Ginni, who was urging state legislators to overturn the election by submitting fake slates of electors. “.
Robert, this was brilliant! Thank you for this post today! Even though I have listened to your lectures and read this blog for some time now (as well as being a long-time champion of yours), the statement you singled out in the middle of this piece: “ How it balances the values of property and community will affect the moral cohesion of the nation.” finally pierced my muddled mind as to why “the other side” could not morally see the plight of the “community as a whole” worth tempering their version of Capitalism. The “Founding Fathers” were of two minds. One with It’s lofty Human Rights language. It acts like window dressing on documents and ideas whose true intent was crafted for protection of property and freedom to contract without a meddling monarch’s interference. But so many of us stop at -and define our American Idea by - the precious line: “We hold these truths to be self-evident that all men are created equal, endowed by the creator with certain inalienable rights…”. Yet this assertion, in the hands of today’s court, were really just window dressing a philosophy of “Mine! Mine! ALL Mine!” The power to keep property and actions of the aristocracy (whether we call our rich that or not) penultimately important.
Since Roberts was nominated, I have always called him "The Dread Chief Roberts". His is the blandly smiling face of a deadly patriarchal White Christian nationalist Reaganite totalitarian determined to destroy democracy and to roll back Civil Rights for Black people, other People of Color, women, LGBTQIA+ people, and non-Christians to the time before 1954 -- while liberating the commercial predation of corporations and the wealthy White investor, owner, financier, executive, and professional classes and giving them control of law and government. He and the other "originalists" would reinstate enslavement if they could manufacture a way around the 13th Amendment (other than the mass-incarceration that has long been used under the criminal conviction exception), as they have already abrogated the 14th and 15th Amendments. With the fascist supermajority on the Supreme Court, any resumption of control of the White House and Congress by the Republicans will be the end of Democracy in the US. The Democrats needed to expand the Supreme Court during Biden's first two years, and they failed. We will continue to pay the price for that with our rights and lives for generations.
Professor, your testimony is more relevant than ever. Add Clarence Thomas to Roberts and we have just scratched the surface of government not working for the people. And the possibility of corruption when Corporate America rules. We’ve watched the courts dismantle the rights of citizens, as corporations gain power. Voting Rights, gun laws, immigration, Equal Rights and the almost latest, the end of Roe v. Wade and Women’s Right to Choose.
“It may seem strange to talk about the economy in moral terms but that's only because we often don't recognize that moral choices are involved.” When and how does this stop?
Regardless of his personal views, he fouled the prestige of his office. As chief, he should have restrained Scalia when he had obvious conflicts of interests. and held hearings on Thomas, who is a serial ethics offender. The latest is the allegation that Thomas' wife used his office for political purpose. All he had to do is state that the Judicial Code should apply to SCOTUS, but he sat on his hands. https://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges
Scalia started off humiliating Roberts. Scalia missed Roberts' swearing-in in favor of a political junket. https://abcnews.go.com/Nightline/Investigation/story?id=1534260 Even Scalia's death was an ethical embarrassment. https://www.findlaw.com/legalblogs/supreme-court/were-there-ethics-issue-behind-scalias-death/
IMHO as soon as a bias issue surfaces, Roberts should investigate or be held responsible. 28 U.S.C. Sec. 455 deals with the disqualification of district court judges and it states in part: Any justice, judge, or magistrate, of the United States shall disqualify himself/herself in any proceeding in which his/her impartiality might reasonably be questioned..
Unfortunately, I think Roberts will go down in America as one of America’s worst Supreme Court Chief Justices!
ironically, some of the others are known “perverts” and yet others are religious zealots... it’s the “keystone cops” of the judiciary. It’s clear that this group is the worst collection that humanity has to offer... sans a few voices.
Unless one of the other conservative Justices becomes Chief who will then give Roberts a run for his money so to speak. This would require as a condition precedent that Roberts for some reason leaves the Court.
Daniel, thanks for the info. I didn't think about how bad a chief justice Roberts is on ethical grounds. I knew he was really bad related to his decisions, but the ethics piece really makes a more complete picture of what a pathetic human being he actually is. I am going to check out the articles as soon as I can.
Oh geez, EXCELLENT Daniel. Discouraging....the Supreme Court is so much worse than it was under Scalia. I thought he was absolutely awful....and here we are, ugh.
Thanks for the links, they were interesting in themselves. Also, I'm surprised that Roberts wasn't mocked for whining about the diminishing respect we all have in the Court. After all, he was saying it to a conservative echo chamber for the purpose of receiving sympathy and agreement. If he was making a PR statement, his fake bewilderment was unconvincing. It's obvious why we don't hold the Court in high esteem anymore.
She is not a judge. Your boy just filed another frivolous suit against her here in Florida, After it is thrown out, he is open to a malicious abuse of process suit by her.
BTW I was involved in this stuff and even the most conservative Federalist Society members agree on what has happened to the court's reputation. Only a cult member would defend it, so if the shoe fits, maybe medication can help.
👍🏼
!!!!! Yes Daniel!
@WannaHamburger. You ARE a hamburger! What a ground up mish-mash you are spewing there! "Letitia “Tish” James is the 67th Attorney General for the State of New York. With decades of work, she is an experienced attorney and public servant with a long record of accomplishments. She is the first woman of color to hold statewide office in New York and the first woman to be elected Attorney General." AG James is the duly elected top legal officer in New York. Trump is a proven criminal who is just beginning to reap the wages of his sins.
And as things appear to be going now, I would be thrilled if Letitia James and Fani Willis were President and Vice-President of the U.S. (in any order of "billing"). They are showing such courage, spine, heart and brains and apparently have retained possession of their moral compasses! Fani Willis in particular is a hero, just keeps doing her job - on behalf of saving America from a crime syndicate masquerading as a political party, not seeking the spotlight, microphones and TV cameras, doing it all as a Black woman in the South while "fielding" all sorts of threats. A real warrior for Truth, Justice, and the American Way!!
Totally! I am so impressed with these women and so grateful for their work!
Yes, other than the Jan 6th Committee (essentially led by another woman, Liz Cheney, we've had little other accountability for Trump & his henchmen from our government
Annie, totally! Absolutely. I am so impressed with these women and grateful for their work.
You nailed it.
YES Benjamin and everyone here who responded to "Hamburger!"
More power to her! It's about time we have an AG who takes her job seriously & is willing to bring the traitorous criminal to justice. If only we saw something concrete from the US AG showing that he intends to bring accountability to Trump!
You don’t belong here. You are just shit posting
Ah..I love the smell of false equivalence in the morning...
Think you've already eaten enough hamburgers for the day. Time to take a brain cleanse.
Troll
Moscow talking point.
Shocking! And to think that Giuliani did the same thing to the Five Families entrepreneurs’ legitimate corporate structure with RICO!!
Irenie, you are write in your appreciation of the economic effects that the Roberts court has caused or allowed to happen. His racism, classism, and misogyny become more evident every day. He has always hated affirmative action, claiming it forces colleges and universities to accept less qualified applicants. There is no evidence of that, but his belief and comment is a sharp slap in the face to Black and Latinx Americans in particular. I heard part of the argument and was appalled at the pathetic questions and comments the conservative justices were making. They were trying not to look racist, but it didn't work and Roberts was the standard-bearer. I understand Roberts looks like a "clean-cut American boy," which could be at least part of the reason such a man would even be considered for the court and to be the Chief Justice. (I wouldn't know about his looks as I am blind, but his voice sounds like the snake oil salesman who sells crap and he knows it.) I am guessing he is that snake oil salesman who is selling "freedom and democracy" when what is really in his wares is autocracy and white supremacy along with a few cups of homophobia, transphobia, xenophobia, classism, ableism, and more of the garbage that lurks around American life.
Question I don't see asked but I have asked it to many. So a less qualified (by whatever standard, grades, sat, money, sports ability) than another get into any university. Do they pass or fail at a higher rate? What I am saying is it is an opportunity but not a guarantee. They still have to earn the degree. Or at least I think they do. Well does anyone know? Please let me know. All the people I went to college with that got in with help from AA passed and graduated on there own. Most of the people who did not make it were white males. But a lot of white males also graduated. Help
A legacy to yale, “W” was a C student... aka: former president... proves your point
trump at warton I agree
Read bill Deresiewicz’ Excellent Sheep. If you have a goal, you can rank those in order of how close they approach that goal. If it is a poorly defined process, how can you say one is less qualified than another?
Finally! Thanks, Professor Reich, for saying it all about Roberts, no punches pulled. It's good Justice Sotomayor is there to represent the virtues of affirmative action on the court. The lamentable downside is Justice Thomas who seems proud to admit he doesn't even know the meaning of the word diversity.
I wish I would have read this before my post and I wouldn't have posted. Well said and much better than mine.
We the people need to see Trump’s obvious criminal and treasonous realities  prosecuted to the full extent of the law. No one is above the law to include Trump.
As obvious as they truly are, we do see them. If you’re refusing to see them as crimes, that’s called being willfully ignorant.
Peaceful Jan 6 prisoners? Endless prosecution of trump? Go back to Mom's basement, trollboy.
Trump is a danger to us all. It would be handing our country over to a want-to-be Putin. After view numerous news films of the Jan 6 insurrection
PEACEFUL PROTESTORS? The ones that stormed the Capital, defecated in the building, wanted to hang VP Pence, killed a Capital police officer, etc. PEACEFUL?
You are either delusional, ignorant or just here to annoy folks who grasp facts. Peaceful Jan 6.?
OMG! WannaHamburger, Is Trump paying you to come on this thread and put out his less than half-baked nonsense? No one is picking on Baby Donnie. He is acting like a spoilt child and has for decades. He rarely is held accountable for anything he does and gleefully parades our inability to catch him. He knows full well and there is proof of it that he knows well that he lost the 2020 election, but as usual, he needs attention like a toddler who just can't quite figure out how life works, but needs to throw tantrums now and then to make sure he gets as much notice as he can stand and he can stand a lot. He doesn't even care too much what kind of notice. I am sure he would thank you for your contribution to his attention-seeking efforts.
Ruth, wanna is a paid troll. Ignore. They are out in force as usual because they know their election loss is ahead and they want excuses.
@SeekingReason. Don't you think "burger" is a better nickname than "wanna"??
;-D
Benjamin : How about 'rat mac' As a nickname.?
😄
Isn't the endless corruption, division, sedition, incitement, subterfuge & treason by Trump worth putting him away on behalf of the national security of the United States that Trump has put in jeopardy & continues to do so?
Jaime Ramirez ; At least don't allow him to play anymore. Some hefty fines from the Civil suits might slow him down, especially when his big daddy donors stop giving to a loser, like him.
Then we can all focus on the reason he was 'bribed' in the first place : the FAT cats who are obscenely rich, you know, the ones who received ill gotten gains , trillions from our treasury. Rich tax dodgers. 'Legal' cheats.
Go away Troll.
One of this forum's ever-present trolls—probably banned—has this new screen name. Do not feed!
@....burger. It is working for US! I guess it ain't working for you trolls and/or delusional types.
A brilliant well reasoned advice to the Republican led Senate which in 2005, the GOP held 51 seats and W was president. If we are to have a truly representative government we would need to root out every greedy, self interested legislator in both parties, in both houses, We also need some sort of vetting to assure any candidate, knows and understands the articles and amendments in the Constitution. We need "Free and Open" elections. But I fear we are staggering toward an authoritarian, fascist leaning government whose motto will be for the wealthy, by the wealthy, and and the rest be damned.
We also need to abolish Citizens United.
Certainly it has turned the current election into a sewer.
And prior.
Fay, this election is our last chance. Reports that I trust are calling record turnout. That means we will win.
MAGA is preaching to it’s 30% but they own the airwaves and put out polls trying to discourage Dems. On twitter, we’re not buying into it.
If they were to pull an authoritarian coup, we will shut down the nation, we will not comply with anything.
Keep it positive, like they do. Say it and make it so.
There are frightening court decisions, but we are not robots! We WILL NOT go back to 1950s standards.
Fay, as optimistic as I have usually been about our ability to keep our democracy together, I fear you are right on this one. The rich are child-people who never had to grow up and just have endless wants and none of those wants are in the direction of enhancing our democracy.
OK, Wanna, you are wrong about that and you know it unless you are a troll from somewhere else. Bush did not win the popular vote in 2000 so he is much more like Trump who didn't win the popular vote in 2016, actually losing by about 3 million votes. Biden won by 7 million votes and the only fraud found anywhere seems to have been efforts to get more votes for Trump. Sorry, but you are just wrong!
@burger. I wouldn't say that any President has been perfect or that any were without faults. But W was a paragon of responsible public service compared to that pussy grabbing, draft dodging tangerine twat waddle. Old bone spur is only here because of the 58,220 Americans who died in Viet Nam so that he could take over his daddy's racist real estate business.
At least they more or less carried out the functions of the President, although Bush admittedly inadequately, unlike Trump, who was not only derelict in his duties, but malicious toward his perceived adversaries, corrupt by prioritizing the greed of billionaires & multinational megacorporations over the welfare of the public & sustainability of the environment & treasonous through prioritizing Russian interests over our own.
An a liar about WMD and the REAL reasons he wanted that war.
And a destroyer of Democracy, the rule of law and decency.
We should ignore these trolls.
@john terence king. All it takes for evil to win is for good people to do nothing. Also, its perverse and twisted comments give us all a chance to espouse our values to one another and keep the record straight on this forum. It's a time suck when you get a persistent one like burger boy...
Disagree. In the case of trolls who distract and jam up conversation, it's degrading to discussion. Trolls either want attention or are paid. If they were ignored by everyone, they would be talking to a vacuum. And we're wasting our time talking to a bot vacuum with our replies. Lack of attention is the most powerful statement of all. I'm glad that one was banned.
I don't mind a reasonable challenge. But the pattern trolls leave is obvious.
W was President after a decent and honest American conceded a genuinely close election.
As long as there is an Electoral College and obscene imbalance in electors/representatives per capita. It is not a free and fair election.
Only after Supreme Court Justice Sandra Day O'Connor, a Republican who had repeatedly said that she’d only retire if a Republican came into office during the 2000 election so that her replacement would also be a Republican, threw the election to him. .
You mean both were elected? So, what's your point?
At least you used the words “was president” for Trump.
@Joanne. You got him there my friend! LOL
SCOTUS should always remember the declaration that preceded the Constitution, perhaps the finest political document in the English language since Magna Carta in 1215, which also enshrined the rights of the common man and started England on the long, slow, road to democracy:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed."
What are we faced with now?
Life? Generally lousy and impoverishing healthcare which may be snatched away at any time by a boorish Republican cult.
Liberty? Tell that to all those imprisoned by Fentanyl addiction.
Pursuit of happiness? Tell that to all the people who have to work two jobs just to keep up with the bills.
In 2024, Democrats need a solid platform from the left, with a charismatic leader to take over from Sanders.
Michael, I understand conservative thinking largely stems from conservatives’ interpretation of the equality provision in the Declaration of Independence. From their perspective, Jefferson viewed the government’s role not as undoing all harms, but as securing equal rights. Conservatives seemingly have concluded that in Jefferson’s view, what one makes of those rights, what social status one obtains as a result of his or her efforts, is not a subject of public concern; it is entirely up to each individual. Regrettably, I don’t know enough to nail how conservatives arrived at this perception of Jefferson. Still, I don’t trust it.
Barbara: you don't trust it, and with good reason. How can anyone be created equal when Trump is born with a silver spoon in his mouth, and others are born in a trailer park with parents working two jobs just to keep up? A century ago, Godel was able to prove that mathematics is incomplete, i.e., roughly speaking, that there are certain mathematical propositions that are unprovable. Now whaddya think of language? It's how lawyers make a living.
If it were possible, I would retire all the pompous windbags on SCOTUS and scrap the institution.
Michael, Frankly, what I don’t trust are conservatives’ interpretations of Jefferson aside from the fact that he viewed the government’s role as securing equal rights.
Michael Hutchinson; also, in addition to that charisma and ability to inform people like Bernie can, a very large and loyal protection service.
The Declaration of Independence is inspiring. Legalese would ruin it.
@burger. When someone opens their mouth and nothing comes out but shit, we often judge them "ass breath." Same thing when you type nothing but shit....
Do not feed the (renamed) troll.
Things were better under the Crown. Let’s ask King Charles to take us back! And really sorry about the Cromwell troubles!
Wanna, HA HA HA HA HA! Republicand govern!!!!!
Ruth, If you just press “collapse” under the troll’s name you
can make him disappear from the conversation.
@GrAnnie! Let's all press "collapse"!!
I like this newsletter and want it to continue in its tradition of polite discussion.
An escaped Twitter troll spewing nonsense is an unnecessary distraction.
Some members of the Supreme Court keep demanding respect from the public. As many arrogant leaders they seem to live in their own little world and have forgotten some basic rules about leadership. Anybody who has been in a leadership role , and almost everybody has in some shape or form, knows that real respect cannot be demanded but has to be earned. So, if some members of the Supreme Court believe they are not being respected by the public , they better have a critical look at their own behaviour to find out why instead arrogantly just blaming the public. Public perception of the Supreme Court and/or individual members is determined by the behaviour of its members and can only change if members change their behaviours. A very basic lesson which even well educated people often seem to forget when rising up the ladder simply because it requires humbleness. This goes well beyond the Supreme Court and equally applies to politics, business ,private life etc
Dirty, dishonest politics is what turned the Supreme Court into just another right wing tool. If they want respect, they would do well to keep politics and theocracy from influencing their decisions and behavior. I believe it is time to pack the court in order to return their status as a body that is respected, and one that works to preserve the constitutional rights of all in this country. I have no respect for a court that deems women as second class citizens or one that says a corporation is a person.
Celeste k ; I agree with all you posted here. Very well said!
What might help as well would be to introduce term limits. Yes, this can be done even with lifetime appointments.
There have been active proposals in Congress to do this and limit justices to a two 9 year terms. After that they either retire with lifetime compensation under Federal Courts retired status or rejoin another Federal District or Court of Appeals.
Yes, Dr. Gilbert, I agree with the SC term limit and hope it will pass. I would also like to see more transparency in their deliberations and a draft ruling that can be discussed and where errors can be pointed out by interested parties. The secrecy is unnecessary, especially when it involves our lives and the future of our nation. A surprise ruling can be crippling and is unnecessary. None of the justices is so wonderful their decisions are instant sparkles. Alito's report on the overturn of Roe v. Wade is case in point. It is disgusting and should have been seen as irrelevant it was so poorly done and essentially said that since women and abortion were not mentioned in the Constitution, women have no right to abortion and maybe none to birth control or whatever the Catholic justices come up with in their march toward a Catholic theocracy for America with them acting as the morality police, ala Iran.
Wouldn't two 9 year terms consecutively be 18 years? That is a huge chunk out of a woman's fertility. Or a prisoner's life span. No Justice should be unaccountable or above the law. Even Supreme Court justices. Especially when they are treated to 'junkets' and other gifts of value.
The 9X2 model is based somewhat on the term system for Article I magistrate judges in the Federal System. These judges have renewable 8 year terms. There is a performance review done towards the end of each term. This allows for both continuity in a job, which takes years to learn, and gives the supervising chief judge a review point.
Terms could be shorter than 9 years. Odd numbers are better to move things out of the 2 or 4-year election cycle.
Hans, that was well-said. Leadership is challenging at any time, but when as you say, a leader has to beg for respect, they are going about something in the wrong way. I honestly don't see any of the conservative justices on the SC doing any self-examination. They have been trained well to think themselves superior and that they have god's ear and are doing god's will. They are contemptuous of those of us who don't agree with their assessment of their relationship with God.
Hans, in my view Supreme Court Justices, are not Leaders, they are guardians of the constitution and there to interpret actions by the rest of the government in relation to the constitution. Now whether they do that work correctly or not, of course is up to review. Unfortunately any and all casting aspersions on their character is useless and a distraction, no matter how satisfying it may be to many. All issues with their opinions have to be based on interpretation, of the constitution. Each of these justices, by the time they reached the Supreme Court had earned real respect in the corridors of justice and politics. Whether they meet our views or not. I agree that having the ability to be humble is important, but they, generally, are no longer rising up any ladders.
Pat, sadly each did not earn real respect in the corridor of justice & politics... that's a large part of the problem.
Wait. Isn’t the judiciary supposed to be blind to political consequence? Or are they on a mission from God?
Steve O'Cally : As far as this citizen human is concerned, Justice should be fair and just, within the guide of the constitution and the rule of law. Interpretation of which is the challenge. Politics and religion not to dominate or inform unduly. In other words, as Professor Reich has pointed out ; Established rights should not be taken from us, and precedent should count for something. I would add that just because drawing and quartering was once allowed, does not mean it should be legal, if it ever was. Common sense, you know?!
Wanna, HA HA HA HA!
Ruth, You keep responding to WannaHamburger ( It's a Wimpy Burger). He has you on his chain. Lots of folks have told you to ignore this troll, but you don't. Why
D K Brooklyn : May be that Ruth has a mind of her own.
Of course she does. Did I suggest otherwise and if so I’m sure she would have told me.
D K Brooklyn : I just report the troll. Seems to work well.
Laurie, you must have done something right because the troll has been banned and the posts removed. I'm almost sorry I missed them! (NOT!)
A Supreme Court that would ignore and negate the inescapable fact that millions of Americans are born and live much of, if not their entire, lives with one or both feet in a social, educational and economic hole, with Affirmative Action the only viable mechanism enabling any chance of their standing on ground level with their white fellow citizens would, if the right court case were cynically crafted and placed before them, also strike down progressive income taxes as unconstitutional — and act thar would forever destroy the Republic’s ability to finance every necessary service and enforce every just law that, somehow, miraculously remains on the books.
In each case, the Court’s decision would not be for the purpose of upholding the concept of “Equal Justice Under Law,” the phrase chiseled into the pediment above the Supreme Court Building’s portico that grows more hypocritical by the day, but to dig its pale white heels into the earth to delay, by whatever means at its disposal, America’s inexorable transition into a majority-minority society. It would be nothing less than the enabling and enshrining white privilege and the tyranny of the rich.
Avie, I have noticed that when conservatives make one move and get away with it, they keep going to see how much trouble they can cause with impunity. They have gotten away with a lot. It is nearly 2 years since January 6th happened, for example, and none of the ringleaders have been prosecuted, even indicted. The highest have been the Oath Keepers or Proud Boys (I have lost track of the inaction), and they were coordinating some of it, but under the direction of others and those others are still untouched and one even intends to run for President again even though he is totally losing it. Republicans are so sure of their lack of prosecution, they are defying the Constitution and running for office all over the country when our Constitution forbids anyone involved in an insurrection to ever be able to hold public office again. Senate Republicans just can't seem to follow the Constitution at all lately and care so little for the American people they just can bring themselves to pass a law that would keep the insurgents from office. In fact a few of them are among the insurgents who have not yet been indicted. What a mess!
Ruth, the fact that deadly attackers were not shot off the wall at the capital, says a lot. And then these deadly criminals wee allowed to hold rallies and parties. Trump should have been indicted BEFORE elections. But we watched and did nothing when republicans stole 6 out of the last 7 presidencies. No republican since HW has won the popular vote, i.e., the will of the people. The electoral college is a scam to cheat out the voices of the people. And we ignored it election after election.
Like your comment, but I think that HW's son, W, barely won the popular vote in 2004. Last republican to do so.
W lost to Gore. The re-count was followed through. Gore won both popular and electoral votes. Supreme court nulled it!
Yes!
Yes, in 2000 the Supreme Court by 7 to 2 "elected" W as President , a totally sick joke on the American people! But in 2004 W beat John Kerry by winning the popular vote and electoral vote.
Tim Baldwin : I still firmly believe that even that 'win' was illegitimate. The Electoral College taints the results of ANY election just by it's unfair and unbalanced misrepresentation of citizens. The numbers are way way off, giving Republicans unfair advantage.
Tim Baldwin : truth is, George W Bush did not win the popular vote. People like Roger Stone sent crowds of 'citizens' to Broward County in Florida to end the protests of people who wanted their votes counted. The secretary of state in FL was a partisan hack working for Bush's brother. Who happened to be Governor of FL. The 'Supreme' court decided that George's interests outweighed those of the millions of voters in the United States of America, in a decision that held that George W. Bush would be harmed if his interests were 'trumped'. I will never be convinced that this was a legitimate win. Just the fact that the Electoral College was in the mix guarantees illegitimacy.
Not sure if it's a fact and I don't have time to check it out, but I read once that the personal income tax was originally designed to tax the uber-wealthy of the time, and middle and lower classes weren't taxed at all. Considering the obscene wealth accumulation today, if the same idea applied, we would still be ahead of the game and finance everything that everyday people do now and more.
Of course, the rich would try to dodge, but loopholes can be closed. The wealthy have thrown an enormous pity-party and threaten to "leave the country" if they are taxed "unfairly, " but where else would they go? Float around on ships like the international arms dealers? They have addicted us to their goodies, but we need creative solutions or we are enslaved . . . if we're not already.
Perhaps They could creat huge orbiting space station where they could continue their fantacy of superiority and isolate the rest of us to the polluted and depleted planet to provide the good and services they require . . . it could be called Elysium . . . oh wait a minute that was a movie a while back. Laugh it up fuzball. Just thought it might be good to lighten things up from time to time. {Thoughts from the theater of the absurd!!!}
Avie Hearn, what if legacies were no longer allowed in college admissions?
A study found that students are 45% more likely to get into a highly selective college if they're considered primary legacy (Daddy or Mommy are alumni). Children of alumni affirmative action! Why isn't this before the Supreme Court too?
Tim, as a teacher and a strong supporter of my college alma mater, I have seen first generation college graduates be lifted out of poverty and bring their families with them. Why indeed is not legacy affirmative action challenged.
Hern, no "a."
Let me ask you this: what percentage of those admitted to colleges via legacy slots are the children, grandchildren or other direct descendants of those who were admitted to those schools WITHOUT a legacy leg-up -- as they had to be by virtue of being the first in their line to attend or, in many cases, go to college, period?
Rewriting the lyrics of that classic song of blind obedience, "Give Me that Old-Time Religion," into a new, and more useful context, of college admission without a legacy assist
It was good for our mothers
And it's good enough for me.
Unlike POCs and others caught in the polar vortex or quagmire of economic, social and educational disadvantage, those granted legacy status are not disadvantaged; in many cases they already have the advantage of the circumstances into which they were born by virtue of what their parents achieved through, at least in part, the edcuation at the very institutions to which they children are now applying. These kids need no more than that.
Legacy admissions need to end, period.
Perceptive and Accurate observations. Thanks for your wise contribution.
Perhaps it would be more appropriate to call him a profound "Elitest" with no understanding of the importance of community in establishing a fruitful civilization.
Trump’s Tax Cut Gave Us the present Inflation (trickle down economics)
It’s all due to CORPORATE GREED!! We can only hope that voters will see this FACT!
Keith, it scares repunbliCons that we know this. That’s why they hire trolls to agitate. That’s a sure sign we’re winning! 🎉🎉🎉
YES!
There are record breaking numbers of voters registered and mailing inballots, voting in person, just voting in general. There are more voting than in any previous mid term election. Don't hold your breath waiting for most mainstream media to report this. They are owned by the losers.
❤️👍🏼
Steve e ; Huge numbers of voters usually indicate a win for Democrats! The majority of voters vote in their own interests period! This is an established fact!
❤️👍🏼
Depends on whose “family” wealth you are addressing! The family wealth of a good 80% of Americans decreases with every period of inflation that occurs! I remember GW Bush proposing during his presidential campaign that the wealthy paid the greatest % of taxes and, therefore deserved a huge tax cut. Since the wealthy owned 90% of the nation’s wealth decreasing their taxes is equivalent to locating a gold mine in an area with no gold!
All it takes is one seriously deranged troll to screw up one of the best online reading experiences - the comments to Robert Reich's Substack column.
Porter: just report them. It's easy, and satisfying.
Wanna, HA HA HA HA HA! It must be so much fun to make up statistics. Republicans are getting pretty good at it. HA HA HA !
Your "facts" are nothing but fantasy.
Yabut-Giuliani ruined John Gotti’s little family business. You got a problem with that?
Who are you working for really?
Your most important column yet; should be a full page ad in WAPO!
If WaPo would agree to print such an opinion piece. As we know, Roberts can be extremely touchy.
The problem with an articulate, well thought out and implementable opinion like this is that the ones who really need to read or hear it can't take in anything longer than a sound bite. We are on the same page with you, which is why we get and enjoy reading your pieces daily. How do we get to those, like Owen Roberts, who might be on the verge of flipping to the other side, so they can put their eyeballs on it? Or do we have to take Justice John Roberts into a classroom and have him talk with BIPOC students who have to work twice as hard as white students just to stay in place? Reparations can take many forms. We think of it mainly as property or monetary, but these are often not the most important forms. Opportunity may prove more important, and the John Roberts' court stakes its philosophical foundation on the denial of enhanced opportunity in spite of powerful evidence that blacks, native peoples, and people of color in general are not provided an equal education, housing, food and medical access from birth.
Wayne, You have some really good ideas here. I don't think that Roberts will ever see the value of affirmative action no matter where he would go to see its value. He came to his decision a really long time ago and is so wrapped up in his own self-righteousness he can't even imagine it. All he can think is that somehow white kids are missing out if ?Black and other kids get a chance. I can't help but wonder what happened in his life that let him stand so firmly against helping anyone but white people. Racism is ugly and to have so many of our SC justices as racists, it is difficult to see that things will improve any time soon. Maybe colleges and universities should do what they have to do to get a diverse student body and just don't call it race. Maybe a lottery of qualified people would work. It is just so sad we have such a jerk as our chief justice.
Perhaps it would be more appropriate to call him a profound "Elitest" with no understanding of the importance of community in establishing a fruitful civilization.
What is more violent, an abortion, or the incest that resulted in pregnancy? Which is more violent, requiring a background check before a person buys a gun, or allowing open carry fire arms in a zoo? Which is more onerous, a tax on petroleum products, or a fire destroying an entire town caused by a climate induced storm? Perhaps if you would read the nature of the comment I made before you throw in a canned critique of what was said you would gain some measure of credibility.
That is a strange comment. The government enforced violence we are witnessing at the moment has been driven by Trump!
OK Wanna, you already said that. It was just as ridiculous then as it is now. HA HA HA HA!
I recognized how much income affects the education of children after being puzzled about seeing how the wealthier kids always scored higher on tests during school. I always scored fairly high on all the tests we were given throughout school including the SATs, but I noticed that there was a bunch of kids, a group if you will, who always seemed to score higher than I did. I wondered why that was so, but I didn't think much about it then as I always did well enough. It's only lately that I figured out why that same bunch seemed to score so high. I didn't think they were cheating, but now I wonder? lol. I grew up in a small town in the rural South. The educational system wasn't particularly great. In that town of 29,000, there was only one grammar school where all the better students went, regardless of where they lived even though families of the wealthier people tended to live in 3 neighborhoods. The school that kids went to was supposed to be determined by where you lived, except that the best students all went to this one grammar school called Central Primary. Most of the students at this school were from professional families, if not all. Being from a family of a working class father and mother, I have finally put 2 and 2 together. I was a good student. My brother and sister were good students, but we were a level below the kids of the real professional families of that town. I have realized that income makes a tremendous difference in the test scores that kids make throughout school. It's not the only factor, but even among white middle class kids, it is a big factor. It determined where students went to school, and how good their early educations were. The 90% of children in the city where I lived, and didn't attend Central Primary got the shaft, and these are the white kids. The black kids all went to a separate school altogether since I grew up in the segregated South. Those black kids received a terrible education back in those days. I've pondered over this many times, and finally realized that there are many degrees and levels of education that this country has offered its children, and a family's income has been a big determinant of the quality of that education, not only on a racial basis, but on a financial one as well. The racial basis produced a double whammy on those children because, in general, the black kids in my town were the poorest educated because of their skin color and their income because almost all the black families in that town were the poorest families there. So, after all is said and done, there are a dozen factors that produce striated levels of education, and that produces many levels of test scores. I was always pissed that the kids of the wealthier families had so many advantages over me in so many ways. It was bad enough that they had money advantages, that Mercedes. I was a sensitive child and I noticed all the advantages, even the subtler ones. They both motivated me to do better, but they also hurt me as well because you can't overcome them all by working harder. Life is an unfair adventure at best, and there are many unfair advantages and disadvantages we experience along the way, but we must not add more bullshit on our citizens. We must try to equal out the disadvantages our children and our citizens face along the road. We must remove the unfair advantages, too. I know exactly what the Repub would say here. "Who determines what's an unfair advantage?" Only someone who enjoys one would say that, but I've had them say it to me. We can't allow things like income and race to give or take away a citizens' right to find success and happiness. We must level the playing field at every turn. At least, that's how I see it from my vantage point from somewhere below the middle where I now find myself at age 74. If I were skating along the top, maybe I'd see it differently. I never thought it was fair to put up blockades to hold my fellow citizens down, so that I could keep my advantage or get one, even though it might not have been in my best interest. I always had a sense of fair play that ruled my ethics, although I was, and still am a very competitive person. But I play by a set of rules that allows everyone an equal and fair chance. The point of all this, in case you don't get it is, I believe in keeping affirmative action in place as one factor to help in making our country stronger and fairer for those who couldn't go to Central Primary.
Having grown up in an even smaller segregated rural Southern community, I don't disagree. Recently I came across several class photos that my mother had saved from the late fifties, and I am grateful that she did. Each one shows a single teacher with at least 40 students, more than a few in overalls. And then I wonder what did the students in the Black school endure? Sad to say, I did not know any of my Black contemporaries, but I do recall that the daughter of the Black undertaker when to Spellman College in Atlanta and from there to Sarah Lawrence College. It made the local newspaper, although I have no idea what her life was like later. As a daughter of the white professional class, I had the grades to get into a school like that, but I chose the recently integrated state university because I thought it was more "democratic." Boy, did I get an education. The interfraternity council decided almost everything, and Black students had to be isolated and protected. After graduation, I moved North and rarely looked back.Sadly, many of my small town classmates are no longer alive. A few went to Vietnam. Some had medical problems early, but at least two took their own lives. Both their families were in that professional class, so their privilege didn't save them. I wonder what might have.
Roberts & Kavanaugh were part of Roger Stone’s “Brooks Brothers Rebellion”. Now we know why a rage-filled Kavanaugh believed he was promised a SCOTUS appointment and he demanded they deliver.
Roberts’ “life project” has been to overturn the Voting Right Act, the way Thomas goal was to end Affirmative Action, and Alito’s waa to end Abortion. These plans were made during the Reagan/Bush/Bush years of the Party.
This has been a Group Project to destroy the last remaining New Deal and Great Society progressive advances. Next they will eliminate Obamacare, Medicare, Medicaid, and Social Security.
They have almost succeeded. We must stop them at the ballot box.
Thank you, Robert, for continuing to give voice to the conscience of our nation.
The context of this problem, namely a country bitterly divided on partisan lines, makes it very difficult to solve. But in trying to be part of the solution it may be necessary, not only to encourage people to go out and vote next Tuesday to protect your country from great danger (as I note the comedian Stephen Colbert, and Senator Elizabeth Warren on the show have been doing) but to aim for the long term, in encouraging values connectedf to the common good. Given that Republicans may prevent schools from doing this, it may be necessary to organise events outside schools in public. Your "Chautauqua" tradition may be suitable for this, especially if visual stage drama (perhaps filmed, for wider use later) is part of it. Good luck next Tuesday, as well with organisjng things like this.
Miland, there is nothing on PARTISAN lines. We have the Democratic party against Fascism. The division is Democracy vs Fascism. The entire republican party backs deadly seditionists. Period.
I'm not sure about the "entire" bit. If you have "MAGA" instead (meaning that adsmittedly large f(r)action), fair enough. But I would welcome opinion from your fellow citizens who actually live in the US (as I assume you do) about whether the GOP is 100% MAGA, given that they are liable to dominate the candidates adopted for running, given the influence of the cult of Trump.
You are a good man, Robert.
You should send today’s writing to President Biden as an argument for expanding the court and for term limits. Your piece also reminded me of Congressman Clyburne’s argument for his preferred SC nominee, a competent, intelligent woman who did not receive her law school education at Harvard or Yale.
It is appalling that one smug, self-satisfied man who pretends to be “Christian” can do so much damage. This happened because Roberts has had decades of control of the SC. Every decision you listed moved our country backwards in the direction of maintaining a permanent serf class.
What can we the people do to help bring necessary changes to this fossilized Supreme Court?
And we have this about this corrupt Supreme Court “Yesterday morning, Kyle Cheney, Josh Gerstein, and Nicholas Wu of Politico reported more about the eight emails lawyer John Eastman, who wrote the memo outlining a plan by which then–vice president Mike Pence could steal the 2020 election for Donald Trump, tried to hide from the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol. The emails included discussions between Eastman, fellow Trump lawyer Kenneth Chesebro, and others about how to stop Congress from counting the certified 2020 electoral ballots on January 6, 2021.
In the emails, Chesebro urged arranging to get a case before Justice Clarence Thomas on the Supreme Court so he could issue a stay that would cast doubt on the legitimacy of the election in Georgia. They should “frame things so that Thomas could be the one to issue some sort of stay or other circuit justice opinion saying Georgia is in legitimate doubt.” Thomas oversees the circuit court that includes Georgia, and he would “end up being key” to getting Biden’s victory overturned.
Eastman responded: “I think I agree with this.” Such a move by Thomas could “kick the Georgia legislature into gear.”
“As a young lawyer, Eastman clerked for Thomas, and Dan Froomkin of PressWatchers noted that Eastman and others were in this same period of time writing to Thomas’s wife, Ginni, who was urging state legislators to overturn the election by submitting fake slates of electors. “.
Sounds like collution in legal terms? What remedy is there available for justice in this reguard? Inquiring minds want to know. Eyes Open.
Robert, this was brilliant! Thank you for this post today! Even though I have listened to your lectures and read this blog for some time now (as well as being a long-time champion of yours), the statement you singled out in the middle of this piece: “ How it balances the values of property and community will affect the moral cohesion of the nation.” finally pierced my muddled mind as to why “the other side” could not morally see the plight of the “community as a whole” worth tempering their version of Capitalism. The “Founding Fathers” were of two minds. One with It’s lofty Human Rights language. It acts like window dressing on documents and ideas whose true intent was crafted for protection of property and freedom to contract without a meddling monarch’s interference. But so many of us stop at -and define our American Idea by - the precious line: “We hold these truths to be self-evident that all men are created equal, endowed by the creator with certain inalienable rights…”. Yet this assertion, in the hands of today’s court, were really just window dressing a philosophy of “Mine! Mine! ALL Mine!” The power to keep property and actions of the aristocracy (whether we call our rich that or not) penultimately important.
Since Roberts was nominated, I have always called him "The Dread Chief Roberts". His is the blandly smiling face of a deadly patriarchal White Christian nationalist Reaganite totalitarian determined to destroy democracy and to roll back Civil Rights for Black people, other People of Color, women, LGBTQIA+ people, and non-Christians to the time before 1954 -- while liberating the commercial predation of corporations and the wealthy White investor, owner, financier, executive, and professional classes and giving them control of law and government. He and the other "originalists" would reinstate enslavement if they could manufacture a way around the 13th Amendment (other than the mass-incarceration that has long been used under the criminal conviction exception), as they have already abrogated the 14th and 15th Amendments. With the fascist supermajority on the Supreme Court, any resumption of control of the White House and Congress by the Republicans will be the end of Democracy in the US. The Democrats needed to expand the Supreme Court during Biden's first two years, and they failed. We will continue to pay the price for that with our rights and lives for generations.
Sentence #2 is an exceptional spot-on description that cuts to the heart of the issue. Whew!
Wage slavery == slavery!