583 Comments

Messed up. Come on SCOTUS, show some backbone. It’s the whole reason you’re there.

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They are there for the Money 💰, the prestige, the chance to write history and live beyond their natural life in books.

Not really there to serve the people as a priority .

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They would rather punt. They will probably decide that there should be some kind of a commission finding to establish that he participated in insurection. And they will defer to state legislatures to set the rules. They did something like that in Georgia when they were trying to keep MTG off the 2022 ballots.

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JNelliE, no backbone whatsoever! Lack of courage was present throughout!

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founding

Uh, RBG can only do so many push-ups (cheaters don't have backbone - so those exhortations are wasted on a majority that *probably* doesn't find any fault with how - uh - justice was served in 'Bush v. Gore')...

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deletedFeb 8
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Wow...nail on head

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RemovedFeb 8
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Right now, SCOTUS seems to be willing to drop the ball in the lap of Congress. The trouble with that move is Trump is in control of that body. So, in essence SCOTUS is willing to let Donald Trump decide his own fate with respect to his appearance on the ballot in the upcoming election cycle.

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Agreed. As Mr.Reich said, the court does Not want to be seen as taking a side in this issue. Status Quo. Death threats work.

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Eric--I never really looked at it in that manner, but I guess you have a point. Trump's people really do know how to threaten who they target.

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Erik - death threats only after extortion and bribery haven't worked. it's a continnum, any mob boss knows that.

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If they thought they could get away with it, they would.

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“Our elected representatives convened, heard from both sides and VOTED that January 6 WAS an insurrection and that Donald Trump not only ENGAGED in it but INCITED it. This was the conclusion of 232 of 435 representatives and 57 of 100 senators."

https://www.cnn.com/2024/02/08/ opinions/trump-supreme-court- oral-arguments-election-snell/ index.html

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Marlo--We need to hear that from SCOTUS, for it to hold water.

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no we do not... the people hold the water in this country.

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Potter--I disagree--SCOTUS must unequivocally define what transpired at the capital on 1/6. Plain and simple. There can be no resolution to this issue without that being established.

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Marlo, unfortunately, the Supremes didn't get the message, so ignored Congress and the death threats to members of Congress that supposedly kept them from voting to convict Trump, etc. The SC justices are cowards who just can't manage to do the right thing lately. Too many conservative ideologs and too few "liberals" who can't seem to stand up often enough to the rest. They must have some information about threats or something to have Justice Brown do the dirty work of citing some history that made no sense as though it were the reason they just couldn't get that insurrectionist and the others off state ballots. It's just plain wrong, but what we have.

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A partisan decision

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Feb 8·edited Feb 8

Thanks for that analysis Donald. I didn't listen to the oral arguments, nor the justices question.

Yep, it fits.

We are screwed, Trump owns the Judicial system, or rather his base does. He is just an avatar, for his base which is comprised of corporations, billionaires, and misogynistic, white theocratic bigots.

The morons will accept servitude so long as they can exercise their bigotry.

I don' t want to be a Debbie Downer, but people keep placing their hopes on the vote, yet when I look at the 300 plus voter suppression laws and schemes enacted since 2020 I am not so hopeful. The laws in the Red states are irrelevant, except say in states like GA in 2020, but what worries me is Wisconsin, and the irrational Muslims in Wayne Co., Michigan who are going to show their ass, by not voting or voing third party, and thus electing Trump who will throw their miserable asses out of the country. A fate well deserved for electing Trump.

I ain't happy with Biden either, but I damn well know what awaits me if Trump is elected, so I will crawl over broken glass to vote for Biden.

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Lee--In your beginning it sounded like you were describing Hitler's gang of thugs. It is so strangely odd that both men separated by such a distance in time would surround themselves with the same level of depravity. If you need help navigating all that broken glass, try listening to Annie Lennox, she has a few pointers on that subject.

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Feb 9·edited Feb 10

Think about it: Were they "separated by such a distance in time," really? I think Trump is Hitler reincarnated. When did Hitler commit suicide? When the Americans and the Allies were liberating the concentration camps in . . . April 1945? Trump's birthday: June 14, 1946 (Flag Day, no less, which is probably why he really went after Colin Kaepernik [sp?] for taking a knee during the "National Anthem"!!). Trump's family came from a town in Germany (that started with a B and has 5 letters, but I can't recall the name of it). Trump has always been fascinated with Hitler and kept a book of his speeches on his nightstand, according to his first wife, Ivana. (What interesting bedtime reading!) Anyhow, you can check me on the date of Hitler's death, I won't mind. I just postulate that, as the world turns, it is true!

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Klare--Do you really believe Hitler, being the coward he was, actually committed suicide? Trump was born about a year after Hitler disappeared. To be perfectly blunt, Adolf was Trump's mentor..

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Feb 9·edited Feb 9

I cannot watch scary or violent movies. I had not recognized “FALLEN” as a scary movie and could not stop watching once I was immersed in it. The scariest movie ever! I have not been able to rewatch it and it is stuck in my brain.

Why can some resist evil (Hobbs) and others can’t??

I propose, it depends on which wolf inside of us that we choose to feed.

“While evil might rear its ugly head each and every day, Fallen reminds us that we all have a choice whether we give in to its seductive voice or reject it completely, clinging rather to goodness and truth.”

https://collider.com/denzel-washington-fallen-nature-of-evil/

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Hitler died in 1945, a little over a year before Trump was born, about equal to the gestation period of a pregnant animal larger than humans (a musk ox?).

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Thanks

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Lee--Great song-

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IMO they are part of Trump's Cult.

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Lois-- that would spoil the taste of the soup.

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Seems so. That comports with Trump’s stated attempt to get the phony electors in play, throwing the election to Congress.

He has his lackeys gumming up the House, and he thinks they’re his Get Out of Jail or Any Other Kind of Trouble Free cards

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Donald's problem can be found in his belief that he can lie his way out of anything. "You can fool all the people some of the time, and you can fool some of the people all of the time, but Mr. Trump you can't fool all the people all of the time," What is sad is, the man probably doesn't have a clue as to who coined that thought.

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Just as Trump is in control of the judge in 1 of his trials. Both are conflicts of interest, but so is the case with at least 1 of the Supreme Court justices himself.

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Jaime--Along with C T's wife.

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I think the problem is that primary voting has already begun. Kind of like abortion (hah!) removing a "right" is difficult. Americans have already exercised their right to vote for him in their primary.

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Mweiner--The primaries are little more than fluff, it's the general election that holds the golden ring.

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Only vapid minds, with nothing to do, pay attention to the primaries.

It is all theater, Kabuki or otherwise.

The media hypes them, because...profits.

The results are pre ordained as the the two party headquarters pre ordain them,they put their thumb on the scale.

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LEE--It looks like Biden and Trump, again.

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I understand that the general is "the golden ring." But for those who showed up and voted in a primary it is more than fluff.

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Mweiner--I see your point but it's still just a primary. If at some point a candidate whose name has appeared on the Primary has been deemed to be ineligible because of unseen circumstances, the state should be allowed to remove said name.

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Caucuses, in our current climate, are anti democratic. The biggest bullies will win. It’s no wonder they are poorly attended. Ranked Choice Voting seems much more in line with a democracy

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Maybe in the past, but this is 2024 and that is all it is, the results were pre ordained by the RNC and DNC

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deletedFeb 8
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Steph--That's why the move to have this issue decided in the House would serve no purpose.

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deletedFeb 8
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Steph--If Trump gets elected where should we go?

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Yes to your comment! And, thanks for the great mug suggestion - just ordered 2!

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Congress---This body has become morally repugnant. For SCOTUS to expect that House to find a 2/3rds majority on any matter is ludicrous. Its Trump's second home.

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Idea--

Donald Hodgins <silencenotbad@gmail.com>

11:58 AM (1 minute ago)

When SCOTUS gets bored, have them rewrite our statutes so they are so easy to read they don't need to be interrupted. Write the rules and precedents in terms I could understand.

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Ok--We now know congress will not be able to settle the issue of Trump because they hold an elevated opinion of the man. The way things are progressing it very well may be that the Republicans have found a means by which to guarantee their win in 2024.

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Just ordered mine ready to kick off off ballot. Thanks for the link!

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I see by your name that you are ready to pour yourself into one of those mugs! 😉

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For a kicking ass cup of coffee, she mugged...

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Look above you & you'll see that the hot Laura Beverage has mugged for a mug of a hot beverage.

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deletedFeb 8
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Criminal Trump on one side, and trying-to-do-good Biden on the other. May the good guy win.

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deletedFeb 8
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Not in 2020!

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Biden has been known to be tough, even a bit ruthless when he feels it's necessary.

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But only one is a proven crook who has asked Russia publicly for help in getting elected in 2016: "Russia, if you are listening".

Remember that in the first impeachment, Dems DID prove their case and that Republicans resorted to using the fig leaf of the "OLC memo" to vote against removing him from office.

You may want to read how the OLC memo came to exist. That's is an interesting read too!

If you think they are 2 sides of the same coin, I am waiting to see if Biden can get 91 felony indictments, 4 impeachments, 7 bankruptcies, several allegations of rape, proven and unproven in the short few months before the election, when he has not raked any indictment all the time he has been in public life. Just saying... If they are 2 sides of the same coin, those 2 sides are not at all "the same", even if President Biden has his faults.

They had to resort to coming after him through his son Hunter, and even with that, they still have not been able to prove any wrongdoing.

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They sure are trying really hard, from every angle they can think of. Comer's zealous obsession with Biden is both hilarious & pathetic.

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founding

Curious to know what you mean by that.

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Josh, in this world of “absolutes”…I really appreciate that you’re open to hearing other opinions. So many of us think it’s my way or the highway to hell for “them”. As far as the two-sides comment. I’m not thrilled with either candidate, but I do believe Biden is a genuine person whereas Trump is a pure narcissist and truly out for himself. Trump as President is a horrifying thought. He broadcasts his intentions…and none of them are good or designed to bring everyone together. Trump only vilifies, divides, stirs anger and foments distrust…all so it serves him. I get why his followers think he’s the “only one” who can save this country. He screams it from the mountaintops. Plus, if you believe he’s the guy…then you’re not looking deeper than what Fox or Newsmax broadcast. Dig a little deeper and look at both sides of the Trump equation…and you’ll see just how scary he is.

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deletedFeb 8
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And what exactly is that Biden criminal activity? The Republican driven investigations have yet to turn up any evidence despite trying mightily so I’m curious about what you are referring to.

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deletedFeb 8
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deletedFeb 8
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founding

Although most politicians are suspect if you dig deep enough, Joe Biden is a decent and honorable man - not a criminal. On the other hand, Donald Trump has many legitimate criminal indictments that he's desperately trying to delay. It sounds like you might be young and need to broaden your knowledge through reading, listening and watching.

There are so many brilliant scholars who can enlighten you. Robert Reich is one of my favorites.

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Trump has been a criminal his whole working life. Read Mary Trump's book and you can get the whole scoop. Donald Trump is mentally sick - his personal programming is incompatable with civilized society.

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Victoria,

I just heard a spontaneous Biden speaking. He sounded worse than ever., Had a confusing conversation regarding Angela Merkel, other European leaders from different time frames. I suspect his staff are making too many of the calls, but none have the Title of President.

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And Trump confused Nikki Haley with Nancy Pelosi and blamed Nikki for the lack of police during Jan 6. Have you actually listened to Trumps incoherent word salads?

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get rid of Citizens United and some of this slop will be tidied up, a bit.

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deletedFeb 8
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founding

My view is that Trump is the puppeteer to his idiotic supporters. Biden may be a puppet, but allows that we, the people, have the means to guide him.

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Sounds rather AI-ish.

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deletedFeb 8
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"Live" ("quote-unquote", in "quotes").

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« Ce qui se conçoit bien s’énonce clairement et les mots pour le dire arrivent aisément ». Nicolas Boileau.

Whatever is well conceived is clearly said, And the words to say it flow with ease.

You seem to have trouble thinking clearly, and that in turn, impedes your statement, my friend.

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In other words, you have no idea what you’re talking about and rather than trying to think things out you’re just going with some gut reaction you have or what some people have told you

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deletedFeb 8
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Welcome to the substack! Stick around, & you'll find the people commenting here mostly friendly, wise, thoughtful, analytical & kind. And Robert Reich is a treasure,, full of wisdom & humanity. Hope you learn a lot & enjoy it here!

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Circular reasoning

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RamaSwampy is the reincarnation of Trump. He is the wrong color, but he is Aryan, mind you! If he sticks long enough he may still become our president.

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Nikki Haley is the only Republican wise enough to stick around long enough in case something happens to Trump. If the Supreme Court comes down on the side of keeping Trump on all 50 ballots as they appear to be, that will be a blow to Nikki's chances , but not a knockout blow.

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deletedFeb 8
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What "coin" are you referring to?

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Your statement is ridiculous. We have a choice between a corporate Democrat and a Dictator in waiting.

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The Supreamo court is owned by the Republican Party Mitch Mc Connell and Donny trumpet 🎺 liar in chief , Tratior, rapiest

I Dread another :

DRED SCOTT

Type of

DECISION

The Supream Court has Demonstrated its willingness to be Corrupted by gifts, vacations , free flights , hunting trips, and sweetheart deals with supreme courts Spouses. Legal but still corrupt.

The Robes Are Just A Disgusting Disguise…

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Read today's Substack installment from Thom Hartmann. SCOTUS is historically corrupt. https://hartmannreport.com/p/will-scotus-remove-the-threat-of-178?r=xhx53&utm_campaign=post&utm_medium=web

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I hope MAGA base voters understand that when they hitched their wagons to Trump and the rest of the GOP they are going to vote for a party that is blowing smoke up your derrière!

These members of Congress took an oath:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God

They have all decided that they no longer want to uphold their oath to the constitution, and to the country, and instead have pledged to WWG1WGA and Trump! Their refusal to vote on the Border Bill shows you who they are. They are playing off your ignorance to the truth. They no longer have any credibility or integrity!

Your Cult leader took an oath:

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Fourteenth Amendment  Equal Protection and Other Rights

* Section 3 Disqualification from Holding Office
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have ENGAGED IN INSURRECTION OR REBELLION AGAINST THE SAME, OR GIVEN AID OR COMFORT TO THE ENEMIES THEREOF. But Congress may by a vote of two-thirds of each House, remove such disability.


This coming from a guy who, as President, said “we are the party of Law and Order”, and who calls these Jan 6 criminals, “HOSTAGES”!

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And yet this court gives credence to the defense's argument that Trump was not an "officer". Conservatives on this court painted themselves into a corner with previous rulings based on originalism. Now they want to worm out of their predicament by parsing what is very plain language in the 14th Amendment, Section 3. "Fair is foul, and foul is fair."

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Their credibility cannot drop much more

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They will find any excuse to side TFG. Corruption at its finest. The Constitution is meaningless.

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I don't mind it when the Constitution is seen in light of modern times- for example, "arms" today are not the same as "arms" in 1776. However, when the conservatives on SCOTUS want to insist on "originalism" they should apply it at all times, not just when it suits them. Also, in the past these same conservatives have taken the position that SCOTUS should not get involved in the way states run their elections (except when it suited them to declare George W. Bush the winner in Florida.) Now they want to tell Colorado how to run their elections. They might as well use the Constitution for toilet paper as they always adjust it to have the outcome they want.

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Yoi

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Also, we ALL heard Trump DEMAND and THREATEN and REPEATEDLY ask Secretary of State Brad Raffensperger (R) to "find" more than 11,000 ballots needed to overcome the gap between Trump and Biden in the state (Georgia) thereby flipping the state in his favor. ~ He had ALREADY been defeated. ~

This is ANOTHER example of insurrection that is not being discussed.

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I won't be surprised either because this Supreme Court has been less than supreme. They have been way too political, do not understand the pulse of the American people because they are so far removed from an average American's life that their decisions represent their elitist views. I find that they are not honest (two of them at least) and one should be removed from the court as I see it. That will never happen, of course. I think that Biden should have packed the court because to add insult to injury- after the death of Scalia- the Senate Majority Leader refused to abide by the rules and denied Obama a pick to fill his place for 11 months! Their actions are horrible and I have very little to say that is good about this court. History will not look favorably on their actions, decisions and behavior. That's my take.

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They only took the case to reverse the appellate. Kavanaugh and Coney-Barrett are on the court for 1 purpose. It was not to over-turn Roe, that was just a bonus. They are there to end representative democracy. John Roberts life work has been to eliminate the Civil Rights Voting Act. Do not mistake the 40+ year focus of the Court for anything else than re-creating the Gilded Age.

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I can’t listen to it. The mincing of words and abandonment of reasoning makes my blood pressure sky rocket. The latest argument I read was that even it was “insurrection”, which is debatable, the law says he cannot hold office - it doesn’t say he can’t RUN for the office (that he cannot hold). What a bunch of hot air and wind pudding (one of my Dad’s favorite expressions). Anyone with a brain and a dictionary knows he incited an insurrection, which also makes him guilty of sedition. And yet … here we are.

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“It wasn’t an insurrection. It was a riot.” Said TFG’s lawyer. IT WAS BOTH!!!! This whole show is infuriating. No wonder lawyers have such a bad reputation and now so do judges.

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Diane--They all suffer from Trumpitis.

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Well said, Denise. I completely agree.

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I just don’t understand. How does Judge Clarence Thomas get to stay in the Supreme court when his wife was proven, mostly because she basically bragged about her support of disenfranchising the majority of Americans who voted Trump out? His being allowed to participate in this case shows us what this supreme court will decide. Trump will be allowed to run in our presidential election even though he caused and started the insurrection. That one NON ACTION of Thomas’s wife being allowed to interfere in our election has already set up that horrible road to Fascism. This is not the case that will set things right. That case is coming soon.

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Agree. The SCOTUS is CORRUPT!

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Unfortunately, you are probably right. They will find some way to punt and then leave it to the voters. But it won't really be up to the voters because MAGA has been working feverishly to take over the voting apparatus, especially in the swing states. Arizona is already a lost cause. MAGA will fix the vote. Like all fanatics they absolutely believe in the rightness of their cause, and that therefore, anything they do to help Trump win is good. SCOTUS is our last best hope. And either because of partisan ideological leanings, or plain old institutional cowardice, SCOTUS is going to fail America. May goodness help us. Badness is ruling the day. But that can change.

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I live in Arizona. Arizona is not a "lost cause." Thank god we have Adrian Fontes as Secretary of State who was previously our Maricopa County Recorder. We have many boots on the ground to keep AZ BLUE!!!

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Feb 8·edited Feb 8

I also live in Arizona, and we are not a lost cause!! Don't give up Arizonans.

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I hope you prove it.

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I truly hope you are right. But these people are fanatics, and fanatics will do literally anything. So, thanks for the encouraging report. With people like you out there I feel a lot better.

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🤞🙏

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Good Lord. What a bunch of complicit cowards!

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Why doesn't the SC just decline to hear and rule on this and refer the decision back to the lower court (s) ?

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Totally agree the Appeals Court handed down a solid well written decision according to many of the finest legal minds in the country! WTF is the problem with letting it be the final say in the matter?#1. POLITICS !!#2 CORRUPTION!! #3 an UNEDUCATED PUBLIC!#4 COMPLACENCY!

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Sounds like Supreme Court justices are making Trump attorney’s argument for him.

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I will be fascinated by the results — in what?? Ten days time? But not surprised if the Republican-appointed majority squirrels its way out of being “the highest court in the land” and lives up to its current, ruinous reputation. I have not heard this argument made, but maybe they will try to be “Real Originalists” and claim, as in the Declaration, legitimacy from Jefferson’s opening: “When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another…”. - i.e., the principle that popular political opinion is legitimate grounds for insurrection. Broadly speaking, they’ll have to find that Trump wasn’t truly, in their opinion (six, or at least five of them), engaging in blatant insurrection (though the evidence brought by the Jan. 6 committee, that should be conclusive evidence, determined that he was). But ever since the Court announced its intention to hear this case, it was my opinion that this would once and for all prove the Court’s illegitimacy under the Lump’s last three appointees.

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Given trump’s argument that he is not an officer, why didn’t any Justice ask “Could Jeff Davis be on the ballot?”

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WHY wouldn’t the “office” of the President of the United States NOT be considered an office?? Of course it’s an office!!

What an idiotic argument.

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The President is also Commander in Chief a military officer named in the amendment!

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Ah, that's the reason! The Constitution says "office"! (singular), but the President/Commander-in-Chief holds 2 offices (plural)!

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They’re all ridiculous mental gymnastics to justify their corruption.

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A President can only stay for 2 4yrs in position. Why can the Supremes keep in there until they die? They should only have a limited term. And since this country is soooo devised they need to have supremes equal of politics. There need to be some rules!

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Possibly in the future if we can get a Senate and a House mega majority,they can enact fair ,up to date, and truly democratic laws,go 24/7 forever to correct what’s wrong with our country and its politics! Just a thought!

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The real tragedy of this entire situation began when the senate fell 3 votes short of convicting the insurrectionist in chief in the second impeachment trial. And now THREE years AFTER the insurrection the senate FAILED by TWO votes of gop "senators" to allow their bill on border security and support for Ukraine to not even get to the floor FOR DISCUSSION and DEBATE. Now SCOTUS which has twisted language and insulted reason by adherence to a real sham job called "originalism" developed by the Federalist Society and dear Leonard Leo, will likely decide the coup leader, the "man" who broadcasts daily his intentions for a second term will likely get another bite at the apple, or should I say the bare throat of democracy. In 2020 more than half the voters voted AGAINST him. Even before the election he was signaling his troops the plan he would pursue. And so he has. Lies. Threats. Attempts via phone calls. Smiling slyly as his supporters threaten judges, election workers, anyone who has the temerity to call out the criminality of this "man" and his mob. Republicans and independents brought the case now before SCOTUS. Another tragedy is in the making. Years from now, depending on the decision and what follows, history books will be written about the years since the guy in the red tie took the elevator DOWN in his tower to announce his candidacy and turn on all the chaos that has ensued. However, will history be free to tell the truth about these years OR will our books look like putin's...filled with lies and grievance and tales of the glorious and death dealing empire that killed russia's own attempt in the 1980's to shed lawlessness and corruption and begin a move to a more open society. "Managed democracy" seems to be the goal. Plenty of that already particularly in gop controlled states. SCOTUS got involved in anointing W president in 2000. Roberts was part of that. I suppose he's ready to repeat. That too was the essence of an internal coup. Also a major turning point just as putin was coming to power. Nothing is a one off in these matters.

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