You are correct. Democrats have to start playing hard ball. Republicans have done that for years and look where they are. Take the gloves off and do everything possible to rein in this court and their biased decisions. Now - before their rampage of destruction continues.
[sorry for a very delayed idea & post, and I might re-post this on a future column about the Fed's misguided actions to counter inflation, but...]
So, if the implication of this ruling is that the FAA, TSA, DHS, SEC and other agencies could be stopped from making necessary operational decisions that weren't explicitly authorized by Congress, why can't someone sue the Fed for acting as an independent agency, and raising interest rates without explicit authorization from Congress?
They can’t do ANYTHING, and stop perpetuating this FALSEHOOD, because it is going to lose us votes and enthusiasm in Nov. 4 which are NEEDED TO do anything about the filibuster: Manchin and Sinema won’t do anything. Why oh why can’t you guys stop doing this to democrats and all of America and the planet?!?!?! I’m progressive in my views but this strategy is really CRAP.
Just today, I read an article showing how the Constitution is set up so Congress CAN overrule the SC. Yes, I agree, voting is very important AND the folks there right now could start taking some action. This is a both/and, not an either/or.
They CAN, now? Like, without eliminating the filibuster? And not doing a reconciliation bill? I agree that pushing for these things is very important. But so few people are aware of how things work that they just get pissed off that the government does nothing and blame who’s in power, and sit out elections, perpetuate the false blame cycle, making, in this case, Democrats have very low popularity, handing the GOP wins simply for the spreading ignorance via leaving out facts like how it’s not possible right now to get rid of the filibuster for, say, roe v Wade, and if AOC tells all her followers Biden didn’t do enough, when he can’t do anything, and almost certainly would if he could, hell, he has a vested interest in passing things and getting popular things done, is she HELPING or HURTING both the party (including progressives) and the country?
There's nothing wrong with the progressive wing's applying pressure to try to get what they want. Let's not forget that after Bernie Sanders got torpedoed by corporate Dems in S. Carolina, progressives licked their wounds and came out and voted for Biden. Had they not done so, Donald Trump would be President today. Yet all we ever hear from corporate Dems is that progressives are responsible for the low poll ratings of Biden and their party. Progressives in Congress were elected by constituencies who support a progressive agenda. These constituencies expect their elected reps to fight for them.
I am on Twitter, and I follow Reich and AOC and Bernie. There is a boisterous sense of support in the replies to their posts for inane notions of not voting and instead doing other things like marching. There were a lot of people who showed up for Bernie rallies during the primaries, but I doubt they all actually voted for him, because he lost when polling better. It is not wise to discourage voting for Democrats, especially now. Criticizing them whilst saying we still need to vote for them I can see. But a lot of people are really ignorant about how the system works and really think Biden could just wave his had and cancel the Supreme Court ruling. A LOT of dissatisfaction without any realization that Biden is actually quite ambitious but stymied by the Senate situation, and not voting is the exact opposite of what they need to do if they actually want anything accomplished. They won’t listen to me, but they’ll listen to Bernie or AOC. Biden should have won by much larger margins, and we should have way more Senators anyway because a lot of people don’t know that voting is so important. Young people are consistently underrepresented, as has been true for time immemorial. They need people to tell them not to NOT vote and instead march, but to tell them to VOTE above all else, AND do everything they can in other ways, but the government is ham-handed if the GOP has the numbers itt has. Many are often saying, “Dems have the majority and they can’t do anything,” um, hello, we tried really hard to make a lot happen and the Senate rules coupled with Manchin and Sinema’s resistance to canceling them for ANYTHING, coupled with Manchin’s insane resistance to climate legislation…fucked all of the rest of their agendas and continues to. It’s that somehow progressives think people know this stuff already. Most people don’t even vote in the presidential election. Come on. We have an 80% chance of losing the House according to 538. And we need to pick up two seats in the Senate. This is a way uphill battle. Progressives need to realize that Bernie was a major gamble when Trump was the other option. I was so disappointed by the SC thing, but we are not all East and West coasters in America. There are states that ARE frustratingly moderate and on the fence, and a lot of people, as in VA, where I live, who are apparently totally ignorant because there ARE gaping differences between the parties, etc, continue to swing one way then the other when their little lives aren’t improved, they constantly vote against the party in power (even supposed power, because no, we are not in control of the Senate right now. The progressive agenda certainly isn’t. Moderates are the deciding factor in the Senate at present. The situation is just not that easy.) And protests are not really that effective, though they are important. Cf: the huge womens rallies, all the rallies for the environment, the anti-gun rally…guess what, we need to vote, first and foremost and sending signals against Dems really does make a lot of casual politics people just sit it out.
Juliet, I'm not advocating for anyone to sit out an election. Neither are Bernie or Sec. Reich. Keep in mind that Joe Biden received the most votes ever in a Presidential election. Progressives showed up and voted for him. We can rally and demonstrate and still vote We have to make our wishes known somehow. And if Biden and corporate Dems don't hear from people like AOC once in a while then they'll just overlook progressive concerns. Out of sight, out of mind.
Yes, Dave. I like your use of the words "applying pressure" and "fight for them." I am a very peaceful person and even I know that we have never seen a time like we have now. The response from every sane person who still believes in Democracy must be to be willing to fight for it in whatever way we can. Some will vote, others will run for office, and still others can bug their representatives to do the right thing! The time for passivity is long over.
Ok, Biden could “apply pressure” better. But what would that accomplish? Would it just make him look like he can’t control if anything happens? Because he can’t. I guess as Reich has said he could try getting Schumer to take away appointments like Manchin’s to energy.
To pass an Act of Congress, don’t you need to have 60 votes in the Senate OR enough votes by the majority party to waive the filibuster rule? Ergo, not possible right now, even remotely. Manchin and Sinema will not do anything about the filibuster. And even if, say, as Reich had mentioned more recently, Manchin was knocked off his committees or at least demoted, he would still have leverage. Wouldn’t Schumer have thought of these but decided it was a bad idea because it would not help us convince Manchin of anything? Maybe there is some reason that they don’t fuck with Manchin, like they might lose their majority entirely if he quits the party?
And how come no one else in this entire post has an answer for my clearly desperate posts? I say this stuff, though usually less rancorously, constantly because this phenomenon is constant. You can’t assume people know ANYTHING. And, I would also like to add that according to 538, Republicans have an 80% chance of retaking the House, so let’s try to play hardball with them for once and stop the inappropriate attacks on the current administration and vast majority of Democrats! A little realpolitik, people!
Also, no, Dems do not have the political will, because of some moderates, to put more justices in or eliminate the filibuster, even with 2 more senators, but we could probably get an exception to the filibuster for things like the right to abortion. I’m not an expert on this. If I’m wrong, about anything, good, tell me.
What these supreme idiots fail to realize is that they have to live with the same climate as the rest of us. Their money and their bodyguards won’t help them this time. People who are that stupid do not belong on any court or in public office.
They have been working on this for a long time. There is a backstory.
West Virginia v. Environmental Protection Agency, is the product of a coordinated, multiyear strategy by Republican attorneys general, conservative legal activists and their funders, several with ties to the oil and coal industries, to use the judicial system to rewrite environmental law, weakening the executive branch’s ability to tackle global warming.
Once upon a time, a Delegation Doctrine limited Congress's ability to transfer its legislative power to another governmental branch, especially agencies like the EPA. This was based on the separation-of-powers concept.
The first federal agency, the ICC, was established in 1882. During the FDR administration, some of the agencies he created were declared unconstitutional by the Supreme Court, but eventually agencies became authorized. According to Gorsuch's concurring opinion, "Today, some might describe the Constitution as having designed the federal lawmaking process to capture the wisdom of the masses. See P. Hamburger, Is Administrative Law Unlawful? 502–503 (2014)."
Typically the Supreme Court worked out rules of deference to agencies like the EPA. Deference, or judicial deference, is a principle of judicial review. In the context of administrative law, deference applies when a federal court yields to an agency's interpretation of either a statute that Congress instructed the agency to administer or a regulation promulgated by the agency.
As Justice Kagan stated in her dissenting opinion, the Clean Air Act express goal was to “speed up, expand, and intensify the war against air pollution” in all its forms. H. R. Rep. No. 91– 1146, p. 1 (1970). ...The Act was a “drastic remedy to what was perceived as a serious and otherwise uncheckable problem.” Union Elec. Co. v. EPA, 427 U. S. 246, 256 (1976).
This kind of language is generally referred as "enabling" or "triggering" language.
In a 6-3 ruling, all of the conservative judges sided with the plaintiffs, and ruled that the agency had indeed overstepped its authority in drafting earlier climate regulations. Regulating the US power industry falls under the US Congress’s jurisdiction, not the EPA’s, according to the decision. Roberts has been rendering similar opinions based on the delegation doctrine.
In its decision, the Supreme Court found that the government must be able to point to “clear congressional authorization” when crafting rules of such sweeping consequence. Legal experts are not surprised: over the past year, the court has used similar logic to knock down regulations from other US agencies, including a moratorium issued by the Centers for Disease Control and Prevention on the eviction of tenants who could not pay their rent during the COVID-19 pandemic and a mask mandate issued by the Occupational Safety and Health Administration that applied to US companies with more than 100 employees.
The Administrative Procedure Act (APA) (1947) governs the process by which federal agencies develop and issue regulations. It includes requirements for publishing notices of proposed and final rulemaking in the Federal Register, and provides opportunities for the public to comment on notices of proposed rulemaking.
Philip Hamburger, cited by Gorsuch, argues that administrative agencies and the entire subject of administrative law are unconstitutional. He has been at the forefront of an assertion that there is a secret liberal administrative state, comprised of bureaucrats, that actually controls the United States.
Although the states supporting pollution argue states rights, the Constitution contains a supremacy clause. A Doctrine of Preemption is based on the Supremacy Clause. The Doctrine essentially states that if a federal law preempts state law, then the state law is declared invalid. Therefore, a federal court may require a state to refrain from enforcing a law if the behavior conflicts with federal law.
Thank you for such an extensive legal background to this, Daniel. I’m afraid I don’t have the expertise to follow it all but I will say that it still boggles my mind that people will destroy themselves along with everyone else for money like this. There is so much more to life. It’s tragic that they’re missing out on it.
“Although the states supporting pollution argues states rights, the Constitution contains a supremacy clause. A Doctrine of Preemption is based on the Supremacy Clause. The Doctrine essentially states that if a federal law preempts state law, then the state law is declared invalid. Therefore, a federal court may require a state to refrain from enforcing a law if the behavior conflicts with federal law.”
It’s just like the Bible. It’s used hypocritically to suit whatever the situation republicans are for. They just threw Roe V Wade back to the states, but federal law should outweigh state law. IMPEACH all 6 conservative justices for politicizing the court and the 3 new ones for lying under oath to Congress.
Thanks, Daniel, for your extensive explanation of the reality we’re facing as citizens of a system that’s become paralyzed by adherence to arcane process.
Sadly, it will. They will live 100 years at most, and in that time wealth WILL save you when the oceans rise and your house is underwater. When A/C becomes mandatory because 60 °C will kill, guess who will be able to afford it. When the die-offs begin and food prices shoot way up, wealth will mean you can still eat whatever you want.
It's the later generation that will suffer. Not the ones in power now...
I understand what you’re saying but I think things are accelerating so quickly that it won’t take nearly as long as that. I truly believe we’re all at risk right now. The fires alone have been devastating and terrifying. The weather is becoming so severe that it’s affecting everyone everywhere. I never would have believed it but it’s really happening.
And thank you to the below average, deplorables that voted for him, then turned their heads while he and the enabling republican party jumped on board. They’ve ruined us.
Misinformation on an unregulated media has hurt us. Please do not blame the uneducated. We need to continue to get the word out. like Robert Reich is doing in this forum. Remember ; If you are not supporting a solution, you are part of the problem.
Exactly. People who support the right for people to be insanely rich, they always seem to forget they are much closer to homelessness and unemployment than to being even 1/899th as rich as the people they look up to are.
Republicans have been seeking VENGEANCE since this country elected a black president, not once, but twice! He put the fear of God in them, making it clear and evident that the white man could and will soon become a minority in this country that they believe is theirs and theirs alone.
Yes, the minority that have managed to rule by stacking the courts and stealing /blocking the votes feel entitled. They are not! They will find out! If the people are oppressed and held back by their unfairly taking over our country there are forces that transcend any human. If they are too dumb to figure it out in time mother nature is a Mother who will not be ignored. Father time can kick @&$ too! We shall see!
The 6 along with most all Republicans, are religious fanatics. They cannot be reasoned with, any more than they could be in 1861. It's a death cult, the new Confedracy. Treat it as such.
Completely agree. I am an atheist but have plenty of people I love in my life who are religious. I respect them and their beliefs. They don't use their religion as an excuse to be an asshole or hide behind a book when intense issues need to be debated. You can be religious and have a honest opinion. These justices are just blinding hiding behind their extreme views. Honestly, I expected much more from highly educated people. It really is a huge disappointment. I am supposed to respect these people?!?!
Paula, They don't care. It's all about $ being more important than the environment. A BIG problem is that many of them really don't believe climate change is real, or, if they pay lip service to it, they say that there is nothing people can do about it because it has been going on for millions of years. Believe me, I have tried to show many of them the reality of the issue, but when I quote scientific studies, they say the scientists are in it for the $ and they are paid to publish this "rubbish." When I point out that if they are in it for the $, they would be working for the petrochemical industry, they retort that it's a governmental control issue; it's a way for the government to control our lives. The IRONY of this position is amazing. And since we "can't control the environment," anything that costs industry even $.01 is a bad idea. Poor corporations. I'm 72 and lived through Nixon, but this is more insidious. They now are doing everything in their power to control the state electors, and with the Supremes on their side, I have serious concerns for the future of this country. Republicans pretty much speak with one voice. Democrats are all over the place, and with the likes of Manchin and the corporate Democrats, I'm really worried.
If that’s true, Bob, if they’re so stupid that they believe that garbage, they have no business judging anything. I am also 72 and I’m just as afraid as you are. Write letters to reluctant Democratic voters with Vote Forward. Even if you do just five it will help.
Climate has changed in the past but never as quickly as it is now. Most previous mass extinctions were likewise caused by major temperature/climate change accompanied by rapid change in concentration of greenhouse gases & other changes in chemical composition in the atmosphere & ocean. This includes the End Permian Extinction that extinguished 95% of all species.
The current climate disruption, environmental destruction, ecosystem disintegration & mass extinction is virtually 100% anthropogenic (human caused). It is not only climate chaos, but also deforestation, industrial agriculture, marine degradation, pollution, extraction, poison proliferation, overpopulation, overconsumption, desertification, aquatic deterioration, soil erosion, etc., all acting synergistically to exacerbate each other's effects.
We now face an existential crisis that requires urgent massive action. It could've been a smooth transition that would've created minimal inconvenience with many improvements in quality of life had our leaders acted decades ago when first informed about the probable consequences, but the powers that be in the political, corporate & media worlds always prioritized short-term corporate profits over continued life on Earth, so now, here we are.
Wow. Guns, fetuses, big oil, ,corporate welfare, homophobia, bigotry, greed, ANTI CHILD, the values and priorities of the Supreme Court are really shining through.
Let's not forget the 70-year plan that has started its implementation by the WEF (World Economic Forum). What was that catchy phrase they use to describe the outcome of their plan: "You will own nothing and be happy". Sounds like a Orwellian Naziism.
If overpopulation was our only problem, it could possibly be managed such that population declines in a controlled fashion. After all, once societies reach a high degree of prosperity, it also tends to reach a population peak after which it gradually decreases to an equilibrium. But we have so many other critical problems with our environment, climate & society.
The same diff antiChrist . . . .Damien franchise revisited . . ."We got em, why not use em . . but weak ass generals refused him" . . .Holy Gee Willikers, Batman . .Is he gonna go God, You're Fired! next . .
And they are moving faster than even de vos and buddies the minute they were appointed dept secretaries during the orange regime... I always wondered who figured out the game plan & schedule..... probably the same source now. Pure evil, really.
Disagree. They don’t follow the constitution at all. They follow their personal interpretation of it. It’s a document 246 years old. Guns change. So should laws. Medical technology changes, so should laws. Culture changes, so should laws. The constitution isn’t an excuse to act like this. Constitution or not, it’s absolutely sickening and I won’t be supporting it either way.
And this was written by a bunch of slave owners. Most of them were NOT religious, and even mocked Christianity. So why are guns our “god given right” so we can’t change the 2nd amendment. But it’s totally fine to change the other parts that piss off the “PRO “life”, GUNS GOD GOVERNMENT” people. Hypocrisy. Racism. Classism. Bs.
The slave owners had great foresight? It was 246 years ago. This is all an excuse. People today want it changed on opinion or belief even the people who supposedly “love the constitution”. It was 246 years ago and should 100%, absolutely be changed, it needs to adapt. Please don’t patronize me and dilute my opinions to “liberalism mantras”.
You are describing what they should be doing, but unfortunately, it is the current court that is overreaching, breaking long-held precedent, & removing rights, which is unprecedented in the history of SCOTUS.
WePatriot is part of the patriot movement, meaning, I guess, that he and likeminded followers are patriots with everyone else being “less than”. He has a website and a future newsletter(supposedly) so he’s probably here looking for fodder. They’re better left to choke on their own dust.
Thanks for the response! I have removed all social media from my life due to my inability to not engage. But I am going to stop engaging with said person right now for my own sanity. You rock!!
And you are an extremist sir. This world we live in is not either black or white. GW Bush tried to do what you’re doing now and got his ass handed to him in Iraq because he messed in a country about which he knew nothing. By doing so he destabilized the entire volatile region. This country is young but by ignoring the lessons of history, it’s on the precipice of falling into a failed state thanks to the likes of absolutists such as you seem to be.
I really hate how he’s like “it’s pretty simple.” It’s very cut and dry for people who have never been negatively affected by their countries policies and injustices
116 Supreme Court justices. 108 have been White men. 93%. You are twisting peoples words. No one wants them to be a nanny. You’re on the wrong website. You have a very individualistic and privileged outlook. Yes we STILL have horrific issues with racism. We are not all born equal in this country and if you believe that, nothing more to add.
And yes cops kill unarmed people in high numbers still, it’s a huge fucking problem. HUGE. Just because you may not experience it does not mean it’s not a MASSIVE, HORRIFIC problem. Cuz it is. Facts.
And no I’m not open minded to people who refuse to question their government and their country. But I guess I should stick to my “liberalism mantras”. I’ll let you stick to your “patriotic mantras”.
WePatriot ; In your dreams the present Supreme Court is following the Constitution. Since when is protecting our environment for pollution an overreach? Read it and you will see that there is separation of church and state that seems to elude those who want to regulate the most intimate aspects of our lives while whining that they want 'small government'. Patriotism has nothing to do will stupidity. Have a nice day, troll!
The now stacked partisan right wing activist court is out of balance, most court picks were installed by 'presidents' who did not get the popular vote. We have judges who represent a minority of the population of this country, and it is not just. There will be a steep price to pay, until there is balance.
It would be laughable if it weren't so tragic. 5 unelected citizens decide to force their reactionary lethal agenda on the whole country and, on some matters, the world! We need to change Scotus functioning rules asap.
Let's not give them full credit.... there's a ton of dark money paying them. I'd really like to see their bank accts; could be some hard-to-track-down "income" hidden away there. Actually, you have to wonder if there's some illegality involved.....
Of course there is! But! let me guess! ; they cannot be investigated and we just have to put up with this ; 'With their 'Good behavior' as long as they choose to 'serve'!!!!
Every day I dread hearing what this Supreme Court has done. In my view they are creating legislation which is not in their purview as stated in the Constitution. They (the 6 unconstitutional justices) seem hell bent on rendering Congress useless. Maybe they hope to form their own authoritarian (religious) government maybe allowing the trumpster to be their figurehead. The Democrats in the House of Representatives need to draw up articles of impeachment based on 1. Ignoring the clear, unambiguous Articles and Amendments in the Constitution. Impeachment or death are presently the only way to end the term of Supreme Court Justices, The only ones dying are the good ones, like Ruth Bader Ginsberg, so we can't wait for death, therefore Impeachment is the best means of rectifying the situation. on a personal note, while I have not agreed with Chief Justice Roberts, until the appointments of Gorsuch, Kavanaugh, and Barrett, he didn't seem so bad. Thomas on the other hand has been a terrible Justice since day one. Alito has worsened since the 3 trump appointees. 2) Gorsuch, Kavanaugh, and Barrett are also guilty of perjury under oath. 3) Actually, by ignoring or deliberately misreading the Constitution all six are committing perjury for they swore an oath to "uphold the Constitution" not to make their own preferences of what it should have said. Even if we cant get a guilty verdict in the Senate, Articles of impeachment have some clout.
I watched the swearing in of Justice Jackson and was taken aback at how those other 6 “Justices” swore the same oaths and are operating contrarily to that oath.
Impeachment is necessary!
Contact your Congressional Representative and Speaker Pelosi and insist on impeaching them.
Who ever thought we'd be asking such a (now) totally legitimate question? Can't even rely on them to stop the authoritarian moves started during the orange regime; this scotus "development" is undoubtedly part of the SAME overall interlocking scheme to demolish our republic.... vlad must be licking his chops.
Truly frightening decisions are being made by this “Supreme” Court. I am aghast at today’s decision, equally as much as the overturning of Roe v. Wade and striking down New York’s strict rules for obtaining a license to carry a concealed handgun in public. They seem to think they can make all of the laws in this country! I am beyond angry - I am livid. 😠 🌻
It has long been the goal of Mitch McConnell and going way back to Karl Rove's role with H.W. Bush ((working with the late and evil Lee Atwater AND Roger Stone (!)) to surreptitiously steal democracy removing power from Congress and moving power to the courts AND the presidency. Congress has been relinquishing power to the executive branch for decades. But this project to neuter Congress, empower the courts, disempower the populace has been afoot for decades.
Stone wrote the script that Eastman then parlayed to team Trump. Constitutional democracy, the one we barely recognize, has been under attack for many years, Stones tattooed back speaks to fact!
Another scary thing is how many Federal Judges TFG stacked in courts nationwide. Prolly one for every golf game he played while in office…. Grrrrrrrrrrrr….
Ugh, totally. I have long held the Democratic Party complicit for where this country is today. I left it years ago and still can't find my way back to support it.
Anne, It is easy to see that these are not judgment rulings. These are rulings planned to destroy democracy, by the way of defeating the Democratic Party and all citizens who want law and order, plus fair for all citizens. I have been crying for many years for Democrats to stand up and be heard, but NO, just meek and mild.
I have a strong feeling that this November Dems will come out in droves to defeat the GOP. We need to pick up both Senate and House seats. Lots of women are mad as hell and do not wish to remain second-class citizens to these @#%*§@ jerks!
Hoping you are right.... and Heaven only knows how many OTHER former decisions they will have reversed or extremely watered down or otherwise hobbled by then. THIS NEEDS TO BE HEADLINE NEWS. This stuff is becoming difficult to stay on top of even if you're trying to pay attn.... and the deliveries must be swift, simple to understand for the average person too busy to digest it all.... and every single lie told by faux, etc., needs to be debunked immediately.
Thank you; I hope I am too. You know, it’s not just women that are extremely ticked off now. Everyone is suffering from climate change, from farmers to fire workers… we need a whole new wave of protests!!
I read The NY Times and the Washington Post every day. It is true that we are bombarded with a lot to digest, the folks that believe the lies & disinformation most likely won’t be swayed in their opinions, then again many of them get their news from FB. I work with the public and see scores and scores of nationwide/worldwide people every day… while I do not get to talk in depth with each and every one of them I am a good reader of types of people. I can see and hear more than I let on, but as much of a good “judge of character” that I may think I am… lots of folks come along and surprise the heck out of me (for the better.)
For tonight I will rest my head and give thanks for a breath of fresh air named Justice Ketanji Brown Jackson.
EVERY complaint from conservatives is a confession. They complain about “activist” judges while making sure that’s exactly who they appoint to the bench.
No. no. no. You already used "I know you are..." If you're going to stick with the nursery school playground responses you've gotta mix it up a bit if you want people to take you seriously.*
Might I suggest moving on to "I'm rubber, you're glue", "Takes one to know one!" then maybe that ultimate acknowledgment you've got nuthin': "Well, you're a poopy head!"
(* Don't worry, nobody is going to take you seriously.)
Well there you go. You came up with a kindergarten-level insult I hadn't listed for you. Should I pat you on the head and give you a gold star? Will that make you feel like you've been validated?
Thanks, Robert! The Supreme Court's currently extreme politicization undermines its legitimacy. And its recent decisions are seriously threatening, not only to our democracy, but now even to the government's power to address climate change. This is truly frightening!
Biden needs to be much stronger, or I should say GET strong. DO SOMETHING, EVEN IF IT IS WRONG!!!!! TELL AMERICA ALL ABOUT SINEMA AND JOE MANCHIN. SHOW WHAT THOSE TWO ARE ABOUT!!! STACK THE SUPREME COURT!!! TRY, TRY, TRY, TRY! DAMN-IT, TRY.
The fate of the US rests in the hands of the Supreme Court.
America has been complacent for too long.
We need to insist on the impeachment of the conservative ideologues that lied to Congress during their confirmation hearings that have further chosen a political party over the Constitution.
Time is short. Immediate action is necessary.
Please, write to your Congressional Representative and to the Speaker of the House, Nancy Pelosi, and insist on impeaching these unjust Justices.
We’re currently in a pivotal period in terms of our ability to mitigate catastrophic, future warming of our planet. This Supreme Court ruling might be the last straw.
1) What happened to the plan to have 15 Supreme Court judges? This needs a refocus.
2) Can Biden purge Judge appointments under Trump by removing the clearly unqualified judges from the Federal courts? In any other job, a review of qualifications would be healthy.
3) Can an executive order by Biden change the venue for the Supreme Court to a basement in a rundown Church in a poor neighborhood? This may give the judges a better context and perspective for their role in society. Yes, it is time to strong and brave.
4) Can Biden issue an executive order to lower the salary of the judges to minimum wage as a checkpoint to reflect their poor performance.
5) Perhaps Biden should not have improved security for these judges as they would not require improved security if their judgements represent our whole society?
As many feel, Democrats need to understand some right wing groups are at war with democracy and are working outside of civilized norms. We need to respond to ensure life, liberty, and the pursuit of happiness.
Interesting questions. My knee-jerk reaction: mcconnell . mcconnell . mcconnell -- until somebody figures out how to control or work around that anti-democratic monster, mcconnell . mcconnell . mcconnell. PERIOD.
1) A lot of people, including me, are not convinced packing the court would make it more functional.
2) No he can't. Once appointed or elected the ONLY legal way to get rid of a Federal officer is impeachment. Only the House of Representatives can draw up Impeachment. Only the
Senate can try the Impeachment, and the only penalty for being found guilty is removal from office. While their were several successful impeachments in the 19th century I know of known in the 20th or 21st centuries. While 4 Presidents have been impeached (Donald Trump twice) none have been found guilty and removed from office.
3) No, Biden can make no Executive orders involving any of the other two branches, the three branches were intended to check and balance each other. Personally I would have preferred the selection of Supreme Court Justices to have been the Civil Service or even the Bar Association, but even National election would have been favorable to the political hacks Alito, Barrett, Gorsuch, Kavanaugh, and Thomas. Their selection is outlined in the Constitution as resting with the President with the consent of the Senate.
4) Article III Section 1 of the Constitution states ....shall at stated times, receive for their services, a compensation, which shall not be diminished during their continuation in office. The Constitution is available free on line for any who wish to read it for themselves.
Thanks Fay, for sharing your well-researched opinion.
2) Looking at your reply, a federal judge could be removed although the process is lengthy and involved (as it should be). Some of the more egregious Trump Federal Court judges who were clearly unqualified should be removed despite the effort and time because they can do a lot of damage over decades of poor rulings. The effort would also be rewarded by providing a signal to the future executives that poor choices will result removal and a shadow over their poor choices.
The Supreme Court has shown a fair level of disrespect for the Constitution in my opinion. They take Article Two and seem to ignore that bearing arms requires that you be in a militia. I would suggest N.Y. ban anyone from carrying a gun unless they can show proof they are in a militia. Since the term militia is not well-defined in the Constitution, New York can clarify by defining a militia as an organized group that reports to the armed services executive and any member of the militia agrees they can be shipped within 24 hours to a conflict zone as deemed useful to the USA Military needs. This might be more difficult for the Supreme Court to rule against since it is just a restatement of the Constitution without leaving out any text that the Gun Lobby would like to ignore. That the Gun Lobby can hijack the Constitution and turn it into a marketing slogan is so offensive I find it obscene. That the Supreme Court seems to pay homage to the marketing slogan sends a signal about the Constitution.
I suggest for Article III about compensation is that a flexible view be taken the same way the court took a flexible view of Article II. I am sure a clever lawyer could find an indirect way to cut compensation. In the interim, perhaps the court building can be checked for pollutants and the Justices relocated until renovations can make their current place of operations safe.
We all know Congress is in the pocket of and beholden to the corporate oligarchs. Citizens United made it even worse. Now, indirectly thru the Federalist Society, SCOTUS??!!
The Roe and prayer decisions have recast SCOTUS as the American Taliban. Now, they remove any teeth the EPA had to help slow damage to the climate?! What next? IRS can’t collect taxes? Dept. of Interior can’t manage National parks? CPSC can’t protect consumers?
What a mess. My flag will fly upside down this 4th of July.
Officially, insanity has taken over the SCOTUS and it all boils down to Republican presidents who put 5 insane/religious bigots on the court. If I say any more I may get a visit from the FBI...
Jab, I saw the fall of America coming for (maybe) 55 years as I watched the evil Bible thumpers feeding lies to our citizens, BUT I NEVER DREAMED THAT IT WOULD BE THIS WAY, I SUPPOSED I JUST DIDN'T GUESS HOW WE WOULD FALL. When Republicans get control in November, we all might watch that we don't get a visit from the FBI.
Why do you (and soooo many others plus practically every single news reporting agency) assume that "Republicans (will) get control in November" ??? Pardon me, but how does that help the "fight back" mentality we all need? And how is it any different from the gop brainwashing's tactic of "telling the same lie over and over again until people believe it's true"?
MM, It bothers me that the media isn't more encouraging. I guess the bottomline is "fear" sells & keeps you glued to your TV? After what this radical religious far right supreme court has done to women's rights, abortion rights & EPA protections over the past few days & is now poised to target LGBTQ rights, gay marriage & contraception next. Makes me hopeful it will help motivate anyone with a brain & heart to go out & vote so the Republicans do not get control. (But it might be too late since the Republicans have been working feverishly for a long time to undermine & dismantle our electoral system.) So even if we all get out & vote, they may already have a fail-safe in place & will just declare themselves the winners...which basically means good-bye Democracy & hello Far Right Christian Nationalist Regime.
Small confession: knew it would be this way since middle school (like 1994)! Feared it - fought it - etc. etc.... but, truth be told: one person's apocalyptic nightmare is another person's perverse fantasy; go figure.
You are correct. Democrats have to start playing hard ball. Republicans have done that for years and look where they are. Take the gloves off and do everything possible to rein in this court and their biased decisions. Now - before their rampage of destruction continues.
[sorry for a very delayed idea & post, and I might re-post this on a future column about the Fed's misguided actions to counter inflation, but...]
So, if the implication of this ruling is that the FAA, TSA, DHS, SEC and other agencies could be stopped from making necessary operational decisions that weren't explicitly authorized by Congress, why can't someone sue the Fed for acting as an independent agency, and raising interest rates without explicit authorization from Congress?
They can’t do ANYTHING, and stop perpetuating this FALSEHOOD, because it is going to lose us votes and enthusiasm in Nov. 4 which are NEEDED TO do anything about the filibuster: Manchin and Sinema won’t do anything. Why oh why can’t you guys stop doing this to democrats and all of America and the planet?!?!?! I’m progressive in my views but this strategy is really CRAP.
Just today, I read an article showing how the Constitution is set up so Congress CAN overrule the SC. Yes, I agree, voting is very important AND the folks there right now could start taking some action. This is a both/and, not an either/or.
They CAN, now? Like, without eliminating the filibuster? And not doing a reconciliation bill? I agree that pushing for these things is very important. But so few people are aware of how things work that they just get pissed off that the government does nothing and blame who’s in power, and sit out elections, perpetuate the false blame cycle, making, in this case, Democrats have very low popularity, handing the GOP wins simply for the spreading ignorance via leaving out facts like how it’s not possible right now to get rid of the filibuster for, say, roe v Wade, and if AOC tells all her followers Biden didn’t do enough, when he can’t do anything, and almost certainly would if he could, hell, he has a vested interest in passing things and getting popular things done, is she HELPING or HURTING both the party (including progressives) and the country?
There's nothing wrong with the progressive wing's applying pressure to try to get what they want. Let's not forget that after Bernie Sanders got torpedoed by corporate Dems in S. Carolina, progressives licked their wounds and came out and voted for Biden. Had they not done so, Donald Trump would be President today. Yet all we ever hear from corporate Dems is that progressives are responsible for the low poll ratings of Biden and their party. Progressives in Congress were elected by constituencies who support a progressive agenda. These constituencies expect their elected reps to fight for them.
I am on Twitter, and I follow Reich and AOC and Bernie. There is a boisterous sense of support in the replies to their posts for inane notions of not voting and instead doing other things like marching. There were a lot of people who showed up for Bernie rallies during the primaries, but I doubt they all actually voted for him, because he lost when polling better. It is not wise to discourage voting for Democrats, especially now. Criticizing them whilst saying we still need to vote for them I can see. But a lot of people are really ignorant about how the system works and really think Biden could just wave his had and cancel the Supreme Court ruling. A LOT of dissatisfaction without any realization that Biden is actually quite ambitious but stymied by the Senate situation, and not voting is the exact opposite of what they need to do if they actually want anything accomplished. They won’t listen to me, but they’ll listen to Bernie or AOC. Biden should have won by much larger margins, and we should have way more Senators anyway because a lot of people don’t know that voting is so important. Young people are consistently underrepresented, as has been true for time immemorial. They need people to tell them not to NOT vote and instead march, but to tell them to VOTE above all else, AND do everything they can in other ways, but the government is ham-handed if the GOP has the numbers itt has. Many are often saying, “Dems have the majority and they can’t do anything,” um, hello, we tried really hard to make a lot happen and the Senate rules coupled with Manchin and Sinema’s resistance to canceling them for ANYTHING, coupled with Manchin’s insane resistance to climate legislation…fucked all of the rest of their agendas and continues to. It’s that somehow progressives think people know this stuff already. Most people don’t even vote in the presidential election. Come on. We have an 80% chance of losing the House according to 538. And we need to pick up two seats in the Senate. This is a way uphill battle. Progressives need to realize that Bernie was a major gamble when Trump was the other option. I was so disappointed by the SC thing, but we are not all East and West coasters in America. There are states that ARE frustratingly moderate and on the fence, and a lot of people, as in VA, where I live, who are apparently totally ignorant because there ARE gaping differences between the parties, etc, continue to swing one way then the other when their little lives aren’t improved, they constantly vote against the party in power (even supposed power, because no, we are not in control of the Senate right now. The progressive agenda certainly isn’t. Moderates are the deciding factor in the Senate at present. The situation is just not that easy.) And protests are not really that effective, though they are important. Cf: the huge womens rallies, all the rallies for the environment, the anti-gun rally…guess what, we need to vote, first and foremost and sending signals against Dems really does make a lot of casual politics people just sit it out.
Juliet, I'm not advocating for anyone to sit out an election. Neither are Bernie or Sec. Reich. Keep in mind that Joe Biden received the most votes ever in a Presidential election. Progressives showed up and voted for him. We can rally and demonstrate and still vote We have to make our wishes known somehow. And if Biden and corporate Dems don't hear from people like AOC once in a while then they'll just overlook progressive concerns. Out of sight, out of mind.
Yes, Dave. I like your use of the words "applying pressure" and "fight for them." I am a very peaceful person and even I know that we have never seen a time like we have now. The response from every sane person who still believes in Democracy must be to be willing to fight for it in whatever way we can. Some will vote, others will run for office, and still others can bug their representatives to do the right thing! The time for passivity is long over.
Anyway, sorry for writing so much. I am deeply saddened about the planet right now, and much else, of course.
Ok, Biden could “apply pressure” better. But what would that accomplish? Would it just make him look like he can’t control if anything happens? Because he can’t. I guess as Reich has said he could try getting Schumer to take away appointments like Manchin’s to energy.
This article (there are others) explains this fairly well. https://www.newsobserver.com/news/nation-world/national/article262851333.html
To pass an Act of Congress, don’t you need to have 60 votes in the Senate OR enough votes by the majority party to waive the filibuster rule? Ergo, not possible right now, even remotely. Manchin and Sinema will not do anything about the filibuster. And even if, say, as Reich had mentioned more recently, Manchin was knocked off his committees or at least demoted, he would still have leverage. Wouldn’t Schumer have thought of these but decided it was a bad idea because it would not help us convince Manchin of anything? Maybe there is some reason that they don’t fuck with Manchin, like they might lose their majority entirely if he quits the party?
And how come no one else in this entire post has an answer for my clearly desperate posts? I say this stuff, though usually less rancorously, constantly because this phenomenon is constant. You can’t assume people know ANYTHING. And, I would also like to add that according to 538, Republicans have an 80% chance of retaking the House, so let’s try to play hardball with them for once and stop the inappropriate attacks on the current administration and vast majority of Democrats! A little realpolitik, people!
Also, no, Dems do not have the political will, because of some moderates, to put more justices in or eliminate the filibuster, even with 2 more senators, but we could probably get an exception to the filibuster for things like the right to abortion. I’m not an expert on this. If I’m wrong, about anything, good, tell me.
Please, guys, how can you not realize this???
What these supreme idiots fail to realize is that they have to live with the same climate as the rest of us. Their money and their bodyguards won’t help them this time. People who are that stupid do not belong on any court or in public office.
"If we continue to accumulate only power and not wisdom, we will surely destroy ourselves." Carl Sagan.
Excelente!!!
All the money in the world won't help them buy back their souls!
They don’t care. They never had souls, especially these Trump republicans who rose from the remnants of the Tea Party.
Yes, I’m increasingly tempted to have faith in the concept of karma.
I've always believed in it. But at this rate, what else is there anyway?
They have been working on this for a long time. There is a backstory.
West Virginia v. Environmental Protection Agency, is the product of a coordinated, multiyear strategy by Republican attorneys general, conservative legal activists and their funders, several with ties to the oil and coal industries, to use the judicial system to rewrite environmental law, weakening the executive branch’s ability to tackle global warming.
Once upon a time, a Delegation Doctrine limited Congress's ability to transfer its legislative power to another governmental branch, especially agencies like the EPA. This was based on the separation-of-powers concept.
The first federal agency, the ICC, was established in 1882. During the FDR administration, some of the agencies he created were declared unconstitutional by the Supreme Court, but eventually agencies became authorized. According to Gorsuch's concurring opinion, "Today, some might describe the Constitution as having designed the federal lawmaking process to capture the wisdom of the masses. See P. Hamburger, Is Administrative Law Unlawful? 502–503 (2014)."
Typically the Supreme Court worked out rules of deference to agencies like the EPA. Deference, or judicial deference, is a principle of judicial review. In the context of administrative law, deference applies when a federal court yields to an agency's interpretation of either a statute that Congress instructed the agency to administer or a regulation promulgated by the agency.
As Justice Kagan stated in her dissenting opinion, the Clean Air Act express goal was to “speed up, expand, and intensify the war against air pollution” in all its forms. H. R. Rep. No. 91– 1146, p. 1 (1970). ...The Act was a “drastic remedy to what was perceived as a serious and otherwise uncheckable problem.” Union Elec. Co. v. EPA, 427 U. S. 246, 256 (1976).
This kind of language is generally referred as "enabling" or "triggering" language.
In a 6-3 ruling, all of the conservative judges sided with the plaintiffs, and ruled that the agency had indeed overstepped its authority in drafting earlier climate regulations. Regulating the US power industry falls under the US Congress’s jurisdiction, not the EPA’s, according to the decision. Roberts has been rendering similar opinions based on the delegation doctrine.
In its decision, the Supreme Court found that the government must be able to point to “clear congressional authorization” when crafting rules of such sweeping consequence. Legal experts are not surprised: over the past year, the court has used similar logic to knock down regulations from other US agencies, including a moratorium issued by the Centers for Disease Control and Prevention on the eviction of tenants who could not pay their rent during the COVID-19 pandemic and a mask mandate issued by the Occupational Safety and Health Administration that applied to US companies with more than 100 employees.
For me, this is a return to the delegation doctrine. The last time it was in general use was in 1935. This article by Dan Farber tracks the history. https://www.ucpress.edu/blog/56287/the-sick-chicken-case-and-an-impending-attack-on-the-regulatory-state/
The Administrative Procedure Act (APA) (1947) governs the process by which federal agencies develop and issue regulations. It includes requirements for publishing notices of proposed and final rulemaking in the Federal Register, and provides opportunities for the public to comment on notices of proposed rulemaking.
Philip Hamburger, cited by Gorsuch, argues that administrative agencies and the entire subject of administrative law are unconstitutional. He has been at the forefront of an assertion that there is a secret liberal administrative state, comprised of bureaucrats, that actually controls the United States.
Although the states supporting pollution argue states rights, the Constitution contains a supremacy clause. A Doctrine of Preemption is based on the Supremacy Clause. The Doctrine essentially states that if a federal law preempts state law, then the state law is declared invalid. Therefore, a federal court may require a state to refrain from enforcing a law if the behavior conflicts with federal law.
Thank you for such an extensive legal background to this, Daniel. I’m afraid I don’t have the expertise to follow it all but I will say that it still boggles my mind that people will destroy themselves along with everyone else for money like this. There is so much more to life. It’s tragic that they’re missing out on it.
“Although the states supporting pollution argues states rights, the Constitution contains a supremacy clause. A Doctrine of Preemption is based on the Supremacy Clause. The Doctrine essentially states that if a federal law preempts state law, then the state law is declared invalid. Therefore, a federal court may require a state to refrain from enforcing a law if the behavior conflicts with federal law.”
It’s just like the Bible. It’s used hypocritically to suit whatever the situation republicans are for. They just threw Roe V Wade back to the states, but federal law should outweigh state law. IMPEACH all 6 conservative justices for politicizing the court and the 3 new ones for lying under oath to Congress.
Yes!
Yes, all of this legalism will lead to environmental destruction. Congratulations to the Supremes!
That’s what I had thought. Maybe the Senate could do away with the filibuster and just pass massive EPA legislation.
Thanks, Daniel, for your extensive explanation of the reality we’re facing as citizens of a system that’s become paralyzed by adherence to arcane process.
Exactly! What air do they think they are going to breathe!
Donna, do you really think they think?
Neil deGrasse Tyson: "Knowing how to think empowers you far beyond those who know only what to think."
This is precisely why the Far Right opposes CRT methods, bans books and defunds education (except for religious schools).
Love Neil, and if that’s true, which I believe it is, there’s hope.
No. Republicans play on emotions, fear being their favorite. They’ve said nothing rational, logical nor practical since Eisenhower.
When you have a steady "income" on top of your legal paycheck, no need to think; just do as told.
They will put meters on our noses and charge for oxygen!
Sadly, it will. They will live 100 years at most, and in that time wealth WILL save you when the oceans rise and your house is underwater. When A/C becomes mandatory because 60 °C will kill, guess who will be able to afford it. When the die-offs begin and food prices shoot way up, wealth will mean you can still eat whatever you want.
It's the later generation that will suffer. Not the ones in power now...
I understand what you’re saying but I think things are accelerating so quickly that it won’t take nearly as long as that. I truly believe we’re all at risk right now. The fires alone have been devastating and terrifying. The weather is becoming so severe that it’s affecting everyone everywhere. I never would have believed it but it’s really happening.
We were ALREADY behind where we should have been by now; thank you orange administration & friends. VERY SCARY times: pick a reason.
Agree.
Agree. We were slowly, slowly moving forward. The orange nazi has pushed us back so damn far, it's hard to see the once closer future
And thank you to the below average, deplorables that voted for him, then turned their heads while he and the enabling republican party jumped on board. They’ve ruined us.
Misinformation on an unregulated media has hurt us. Please do not blame the uneducated. We need to continue to get the word out. like Robert Reich is doing in this forum. Remember ; If you are not supporting a solution, you are part of the problem.
Aw c'mon! It aint over yet!
Yes, Paula B. ; I have been scared that my roof might be blown off in some of the windstorms we have had.
Me too. And the fires are terrifying. Even if the flames aren’t threatening the smoke is.
We are closer to food insecurity than we think.
Exactly. People who support the right for people to be insanely rich, they always seem to forget they are much closer to homelessness and unemployment than to being even 1/899th as rich as the people they look up to are.
the last human generation may alive now
Probably
Replace stupid with selfish, or greedy.
Would really like to know what are the conversations when the 6 are out in social gatherings.
Funny, I was just thinking about the conversations they must have with each other. They really are a cabal.
"What more ideas can we come up with to be cruel, greedy and destructive?" Is one that is imaginable.
Republicans have been seeking VENGEANCE since this country elected a black president, not once, but twice! He put the fear of God in them, making it clear and evident that the white man could and will soon become a minority in this country that they believe is theirs and theirs alone.
Yes, the minority that have managed to rule by stacking the courts and stealing /blocking the votes feel entitled. They are not! They will find out! If the people are oppressed and held back by their unfairly taking over our country there are forces that transcend any human. If they are too dumb to figure it out in time mother nature is a Mother who will not be ignored. Father time can kick @&$ too! We shall see!
Ain’t that the truth.
The 6 along with most all Republicans, are religious fanatics. They cannot be reasoned with, any more than they could be in 1861. It's a death cult, the new Confedracy. Treat it as such.
Completely agree. I am an atheist but have plenty of people I love in my life who are religious. I respect them and their beliefs. They don't use their religion as an excuse to be an asshole or hide behind a book when intense issues need to be debated. You can be religious and have a honest opinion. These justices are just blinding hiding behind their extreme views. Honestly, I expected much more from highly educated people. It really is a huge disappointment. I am supposed to respect these people?!?!
Well put, Don, the new Confederacy. Nothing they promote is reasoned, I agree with you.
Yes
Totally agree.
Paula, They don't care. It's all about $ being more important than the environment. A BIG problem is that many of them really don't believe climate change is real, or, if they pay lip service to it, they say that there is nothing people can do about it because it has been going on for millions of years. Believe me, I have tried to show many of them the reality of the issue, but when I quote scientific studies, they say the scientists are in it for the $ and they are paid to publish this "rubbish." When I point out that if they are in it for the $, they would be working for the petrochemical industry, they retort that it's a governmental control issue; it's a way for the government to control our lives. The IRONY of this position is amazing. And since we "can't control the environment," anything that costs industry even $.01 is a bad idea. Poor corporations. I'm 72 and lived through Nixon, but this is more insidious. They now are doing everything in their power to control the state electors, and with the Supremes on their side, I have serious concerns for the future of this country. Republicans pretty much speak with one voice. Democrats are all over the place, and with the likes of Manchin and the corporate Democrats, I'm really worried.
If that’s true, Bob, if they’re so stupid that they believe that garbage, they have no business judging anything. I am also 72 and I’m just as afraid as you are. Write letters to reluctant Democratic voters with Vote Forward. Even if you do just five it will help.
I'm sorry science wasn't your best subject.
Climate has changed in the past but never as quickly as it is now. Most previous mass extinctions were likewise caused by major temperature/climate change accompanied by rapid change in concentration of greenhouse gases & other changes in chemical composition in the atmosphere & ocean. This includes the End Permian Extinction that extinguished 95% of all species.
The current climate disruption, environmental destruction, ecosystem disintegration & mass extinction is virtually 100% anthropogenic (human caused). It is not only climate chaos, but also deforestation, industrial agriculture, marine degradation, pollution, extraction, poison proliferation, overpopulation, overconsumption, desertification, aquatic deterioration, soil erosion, etc., all acting synergistically to exacerbate each other's effects.
We now face an existential crisis that requires urgent massive action. It could've been a smooth transition that would've created minimal inconvenience with many improvements in quality of life had our leaders acted decades ago when first informed about the probable consequences, but the powers that be in the political, corporate & media worlds always prioritized short-term corporate profits over continued life on Earth, so now, here we are.
Wow. Guns, fetuses, big oil, ,corporate welfare, homophobia, bigotry, greed, ANTI CHILD, the values and priorities of the Supreme Court are really shining through.
Part of The Donald's famous Wilt Touch .. He Touches It Dies
Totally. Trump was Stage 1. We are in Stage 2. Stage 3 begins soon. UNDER HIS EYE!
Let's not forget the 70-year plan that has started its implementation by the WEF (World Economic Forum). What was that catchy phrase they use to describe the outcome of their plan: "You will own nothing and be happy". Sounds like a Orwellian Naziism.
We will own nothing and be dead.
Unfortunately, I think that's the plan. World Population Goal = 500K Humans.
But, I'm also an optimist and think Nature will have something to do/say about it.
It will likely crash, possibly all the way to 0.
If overpopulation was our only problem, it could possibly be managed such that population declines in a controlled fashion. After all, once societies reach a high degree of prosperity, it also tends to reach a population peak after which it gradually decreases to an equilibrium. But we have so many other critical problems with our environment, climate & society.
The same diff antiChrist . . . .Damien franchise revisited . . ."We got em, why not use em . . but weak ass generals refused him" . . .Holy Gee Willikers, Batman . .Is he gonna go God, You're Fired! next . .
sounds about right
And they are moving faster than even de vos and buddies the minute they were appointed dept secretaries during the orange regime... I always wondered who figured out the game plan & schedule..... probably the same source now. Pure evil, really.
Yep. Orange menace was stage 1. This is stage 2. Stage 3 comes next. Act accordingly. UNDER HIS EYE!!
Absolute power corrupts absolutely! Democrats need to flex any powers to push back ASAP.
Disagree. They don’t follow the constitution at all. They follow their personal interpretation of it. It’s a document 246 years old. Guns change. So should laws. Medical technology changes, so should laws. Culture changes, so should laws. The constitution isn’t an excuse to act like this. Constitution or not, it’s absolutely sickening and I won’t be supporting it either way.
And this was written by a bunch of slave owners. Most of them were NOT religious, and even mocked Christianity. So why are guns our “god given right” so we can’t change the 2nd amendment. But it’s totally fine to change the other parts that piss off the “PRO “life”, GUNS GOD GOVERNMENT” people. Hypocrisy. Racism. Classism. Bs.
Ignore WePatriot. He’s riding an agenda as is Mr Blutarski. I guess it’s good to know the enemy?
The slave owners had great foresight? It was 246 years ago. This is all an excuse. People today want it changed on opinion or belief even the people who supposedly “love the constitution”. It was 246 years ago and should 100%, absolutely be changed, it needs to adapt. Please don’t patronize me and dilute my opinions to “liberalism mantras”.
Or I’ll be forced to dilute your opinions as well and that is not why I joined this blog. So don’t even start.
You are describing what they should be doing, but unfortunately, it is the current court that is overreaching, breaking long-held precedent, & removing rights, which is unprecedented in the history of SCOTUS.
WePatriot is part of the patriot movement, meaning, I guess, that he and likeminded followers are patriots with everyone else being “less than”. He has a website and a future newsletter(supposedly) so he’s probably here looking for fodder. They’re better left to choke on their own dust.
Thanks for the response! I have removed all social media from my life due to my inability to not engage. But I am going to stop engaging with said person right now for my own sanity. You rock!!
Will he provide tactical supply sites .. like Garthwaite's TownHall . say . .asking for The Jeez Force . .(Got Guns and The God Given Nuts to Go For)
And you are an extremist sir. This world we live in is not either black or white. GW Bush tried to do what you’re doing now and got his ass handed to him in Iraq because he messed in a country about which he knew nothing. By doing so he destabilized the entire volatile region. This country is young but by ignoring the lessons of history, it’s on the precipice of falling into a failed state thanks to the likes of absolutists such as you seem to be.
I really hate how he’s like “it’s pretty simple.” It’s very cut and dry for people who have never been negatively affected by their countries policies and injustices
116 Supreme Court justices. 108 have been White men. 93%. You are twisting peoples words. No one wants them to be a nanny. You’re on the wrong website. You have a very individualistic and privileged outlook. Yes we STILL have horrific issues with racism. We are not all born equal in this country and if you believe that, nothing more to add.
And yes cops kill unarmed people in high numbers still, it’s a huge fucking problem. HUGE. Just because you may not experience it does not mean it’s not a MASSIVE, HORRIFIC problem. Cuz it is. Facts.
And no I’m not open minded to people who refuse to question their government and their country. But I guess I should stick to my “liberalism mantras”. I’ll let you stick to your “patriotic mantras”.
Out of touch
Once upon All roads led To it . .The gods would never be through with it . .
Civilization's true home .The Glory that was Rome . .
Then some barbarians, within and without, said Screw this . #know yr Toynbee?
To be fair to a poem, make that Grandeur . . .as in . . The Mangoloid, guards raised whose dander
WePatriot ; In your dreams the present Supreme Court is following the Constitution. Since when is protecting our environment for pollution an overreach? Read it and you will see that there is separation of church and state that seems to elude those who want to regulate the most intimate aspects of our lives while whining that they want 'small government'. Patriotism has nothing to do will stupidity. Have a nice day, troll!
There he goes again. “It’s pretty basic stuff”. So rude and disrespectful
The now stacked partisan right wing activist court is out of balance, most court picks were installed by 'presidents' who did not get the popular vote. We have judges who represent a minority of the population of this country, and it is not just. There will be a steep price to pay, until there is balance.
And strangely a Turtle's creation . . .was a turning point for a Nation . .
when a Shove it down their throats . .finally came to a vote . .
in Codify! v "Biden's inflation" #the space takes
It would be laughable if it weren't so tragic. 5 unelected citizens decide to force their reactionary lethal agenda on the whole country and, on some matters, the world! We need to change Scotus functioning rules asap.
Actually six. Which is why we have to impeach at least two of them.
why stop there? three lied during their nomination hearings..
Definitely. I just meant we need two in order to get a majority.
True! Something should be done!
Every one of them who misrepresented their intent in their hearings.
Yes, of course. But a minimum of two would rebalance the Court, assuming of course that we could get two non-extremists in to replace them.
Let's not give them full credit.... there's a ton of dark money paying them. I'd really like to see their bank accts; could be some hard-to-track-down "income" hidden away there. Actually, you have to wonder if there's some illegality involved.....
Of course there is! But! let me guess! ; they cannot be investigated and we just have to put up with this ; 'With their 'Good behavior' as long as they choose to 'serve'!!!!
No do illegal aliens voting for members of congress.
Every day I dread hearing what this Supreme Court has done. In my view they are creating legislation which is not in their purview as stated in the Constitution. They (the 6 unconstitutional justices) seem hell bent on rendering Congress useless. Maybe they hope to form their own authoritarian (religious) government maybe allowing the trumpster to be their figurehead. The Democrats in the House of Representatives need to draw up articles of impeachment based on 1. Ignoring the clear, unambiguous Articles and Amendments in the Constitution. Impeachment or death are presently the only way to end the term of Supreme Court Justices, The only ones dying are the good ones, like Ruth Bader Ginsberg, so we can't wait for death, therefore Impeachment is the best means of rectifying the situation. on a personal note, while I have not agreed with Chief Justice Roberts, until the appointments of Gorsuch, Kavanaugh, and Barrett, he didn't seem so bad. Thomas on the other hand has been a terrible Justice since day one. Alito has worsened since the 3 trump appointees. 2) Gorsuch, Kavanaugh, and Barrett are also guilty of perjury under oath. 3) Actually, by ignoring or deliberately misreading the Constitution all six are committing perjury for they swore an oath to "uphold the Constitution" not to make their own preferences of what it should have said. Even if we cant get a guilty verdict in the Senate, Articles of impeachment have some clout.
I watched the swearing in of Justice Jackson and was taken aback at how those other 6 “Justices” swore the same oaths and are operating contrarily to that oath.
Impeachment is necessary!
Contact your Congressional Representative and Speaker Pelosi and insist on impeaching them.
Remember those days, somewhat long ago, say the 50’s and 60’s, when the Supreme Court was respected?
We can return to those days.
We simply need enough people to contact their Congressional Representative and demand the extremist partisan unjust Justices be impeached.
I remember those days. When the justices were honorable.
I remember those days- when the justices were honorable.
https://sign.moveon.org/petitions/impeach-brett-kavanaugh
https://sign.moveon.org/petitions/clarence-thomas-must-go
I am a member of MoveOn. But only the House of Representatives can draw up Articles of Impeachment. I have emailed my Congressman.
I believe these petitions get sent to the necessary Reps.
I signed both and posted on facebook
I just signed that Move On impeach Brett Kavanaugh petition and will do the same with Clarence Thomas, and the rest of them.
Thank you. I just signed both. Can you repost these in the original comments area?
I have, thanks!
“Maybe they hope to form their own authoritarian (religious) government”
Maybe??
Who ever thought we'd be asking such a (now) totally legitimate question? Can't even rely on them to stop the authoritarian moves started during the orange regime; this scotus "development" is undoubtedly part of the SAME overall interlocking scheme to demolish our republic.... vlad must be licking his chops.
They are all barnacles on the A-- of time,they can and will be scraped away!
This depresses the hell out of me...Supreme Court now showing its bought and paid for colors.
Money doesn't talk it swears, obscenity : Who really cares? ; Propaganda, : all is phony!
Truly frightening decisions are being made by this “Supreme” Court. I am aghast at today’s decision, equally as much as the overturning of Roe v. Wade and striking down New York’s strict rules for obtaining a license to carry a concealed handgun in public. They seem to think they can make all of the laws in this country! I am beyond angry - I am livid. 😠 🌻
It has long been the goal of Mitch McConnell and going way back to Karl Rove's role with H.W. Bush ((working with the late and evil Lee Atwater AND Roger Stone (!)) to surreptitiously steal democracy removing power from Congress and moving power to the courts AND the presidency. Congress has been relinquishing power to the executive branch for decades. But this project to neuter Congress, empower the courts, disempower the populace has been afoot for decades.
YES, Claire
Stone wrote the script that Eastman then parlayed to team Trump. Constitutional democracy, the one we barely recognize, has been under attack for many years, Stones tattooed back speaks to fact!
Touché ~~ You are absolutely right, Claire.
Another scary thing is how many Federal Judges TFG stacked in courts nationwide. Prolly one for every golf game he played while in office…. Grrrrrrrrrrrr….
🌻
Good point, Anne
Yep. This is what long term vision looks like. I wish Dems weren’t so damn myopic!
Ugh, totally. I have long held the Democratic Party complicit for where this country is today. I left it years ago and still can't find my way back to support it.
You notice Thomas isn't attacking Loving vs. Virginia. Wonder why that is?
Touché, Wendy.
Hypocrites abound!
🌻
Anne, It is easy to see that these are not judgment rulings. These are rulings planned to destroy democracy, by the way of defeating the Democratic Party and all citizens who want law and order, plus fair for all citizens. I have been crying for many years for Democrats to stand up and be heard, but NO, just meek and mild.
I have a strong feeling that this November Dems will come out in droves to defeat the GOP. We need to pick up both Senate and House seats. Lots of women are mad as hell and do not wish to remain second-class citizens to these @#%*§@ jerks!
Hoping you are right.... and Heaven only knows how many OTHER former decisions they will have reversed or extremely watered down or otherwise hobbled by then. THIS NEEDS TO BE HEADLINE NEWS. This stuff is becoming difficult to stay on top of even if you're trying to pay attn.... and the deliveries must be swift, simple to understand for the average person too busy to digest it all.... and every single lie told by faux, etc., needs to be debunked immediately.
MM Harris -
Thank you; I hope I am too. You know, it’s not just women that are extremely ticked off now. Everyone is suffering from climate change, from farmers to fire workers… we need a whole new wave of protests!!
I read The NY Times and the Washington Post every day. It is true that we are bombarded with a lot to digest, the folks that believe the lies & disinformation most likely won’t be swayed in their opinions, then again many of them get their news from FB. I work with the public and see scores and scores of nationwide/worldwide people every day… while I do not get to talk in depth with each and every one of them I am a good reader of types of people. I can see and hear more than I let on, but as much of a good “judge of character” that I may think I am… lots of folks come along and surprise the heck out of me (for the better.)
For tonight I will rest my head and give thanks for a breath of fresh air named Justice Ketanji Brown Jackson.
🌻
The SCOTUS rulings will come with strong resistance, civil war is eminent.
For decades right wing extremists have been railing against what they deemed was an "activist" SCOTUS. They are now conspicuously silent...
They got what they wanted, Vincent, a religious majority in SCOTUS, so they carry out their own activism.
EVERY complaint from conservatives is a confession. They complain about “activist” judges while making sure that’s exactly who they appoint to the bench.
I’ve often thought the same except that I call it projection.
Correct. We just followed YOUR PLAYBOOK.
Ah. The "I know I am but what are you?!!" come back.
No doubt you think it was clever. Gods, trolls like you are boring.
That was the response given. I only named it. Yes, Its low IQ. But a leftist used this strategy. Not me.
No. no. no. You already used "I know you are..." If you're going to stick with the nursery school playground responses you've gotta mix it up a bit if you want people to take you seriously.*
Might I suggest moving on to "I'm rubber, you're glue", "Takes one to know one!" then maybe that ultimate acknowledgment you've got nuthin': "Well, you're a poopy head!"
(* Don't worry, nobody is going to take you seriously.)
You’re playing with yourself. Which I suspect you are quite adept.
Well there you go. You came up with a kindergarten-level insult I hadn't listed for you. Should I pat you on the head and give you a gold star? Will that make you feel like you've been validated?
Gods, you're predictable. And boring.
We really need a better class of troll here.
Thanks, Robert! The Supreme Court's currently extreme politicization undermines its legitimacy. And its recent decisions are seriously threatening, not only to our democracy, but now even to the government's power to address climate change. This is truly frightening!
Biden needs to be much stronger, or I should say GET strong. DO SOMETHING, EVEN IF IT IS WRONG!!!!! TELL AMERICA ALL ABOUT SINEMA AND JOE MANCHIN. SHOW WHAT THOSE TWO ARE ABOUT!!! STACK THE SUPREME COURT!!! TRY, TRY, TRY, TRY! DAMN-IT, TRY.
The fate of the US rests in the hands of the Supreme Court.
America has been complacent for too long.
We need to insist on the impeachment of the conservative ideologues that lied to Congress during their confirmation hearings that have further chosen a political party over the Constitution.
Time is short. Immediate action is necessary.
Please, write to your Congressional Representative and to the Speaker of the House, Nancy Pelosi, and insist on impeaching these unjust Justices.
Todd, You are completely right.
We’re currently in a pivotal period in terms of our ability to mitigate catastrophic, future warming of our planet. This Supreme Court ruling might be the last straw.
William, You are correct, it could be the last straw???
1) What happened to the plan to have 15 Supreme Court judges? This needs a refocus.
2) Can Biden purge Judge appointments under Trump by removing the clearly unqualified judges from the Federal courts? In any other job, a review of qualifications would be healthy.
3) Can an executive order by Biden change the venue for the Supreme Court to a basement in a rundown Church in a poor neighborhood? This may give the judges a better context and perspective for their role in society. Yes, it is time to strong and brave.
4) Can Biden issue an executive order to lower the salary of the judges to minimum wage as a checkpoint to reflect their poor performance.
5) Perhaps Biden should not have improved security for these judges as they would not require improved security if their judgements represent our whole society?
As many feel, Democrats need to understand some right wing groups are at war with democracy and are working outside of civilized norms. We need to respond to ensure life, liberty, and the pursuit of happiness.
Interesting questions. My knee-jerk reaction: mcconnell . mcconnell . mcconnell -- until somebody figures out how to control or work around that anti-democratic monster, mcconnell . mcconnell . mcconnell. PERIOD.
I love your out-of-the-box thinking. Biden should hire you as an advisor.
Dear Terry James
1) A lot of people, including me, are not convinced packing the court would make it more functional.
2) No he can't. Once appointed or elected the ONLY legal way to get rid of a Federal officer is impeachment. Only the House of Representatives can draw up Impeachment. Only the
Senate can try the Impeachment, and the only penalty for being found guilty is removal from office. While their were several successful impeachments in the 19th century I know of known in the 20th or 21st centuries. While 4 Presidents have been impeached (Donald Trump twice) none have been found guilty and removed from office.
3) No, Biden can make no Executive orders involving any of the other two branches, the three branches were intended to check and balance each other. Personally I would have preferred the selection of Supreme Court Justices to have been the Civil Service or even the Bar Association, but even National election would have been favorable to the political hacks Alito, Barrett, Gorsuch, Kavanaugh, and Thomas. Their selection is outlined in the Constitution as resting with the President with the consent of the Senate.
4) Article III Section 1 of the Constitution states ....shall at stated times, receive for their services, a compensation, which shall not be diminished during their continuation in office. The Constitution is available free on line for any who wish to read it for themselves.
Thanks Fay, for sharing your well-researched opinion.
2) Looking at your reply, a federal judge could be removed although the process is lengthy and involved (as it should be). Some of the more egregious Trump Federal Court judges who were clearly unqualified should be removed despite the effort and time because they can do a lot of damage over decades of poor rulings. The effort would also be rewarded by providing a signal to the future executives that poor choices will result removal and a shadow over their poor choices.
The Supreme Court has shown a fair level of disrespect for the Constitution in my opinion. They take Article Two and seem to ignore that bearing arms requires that you be in a militia. I would suggest N.Y. ban anyone from carrying a gun unless they can show proof they are in a militia. Since the term militia is not well-defined in the Constitution, New York can clarify by defining a militia as an organized group that reports to the armed services executive and any member of the militia agrees they can be shipped within 24 hours to a conflict zone as deemed useful to the USA Military needs. This might be more difficult for the Supreme Court to rule against since it is just a restatement of the Constitution without leaving out any text that the Gun Lobby would like to ignore. That the Gun Lobby can hijack the Constitution and turn it into a marketing slogan is so offensive I find it obscene. That the Supreme Court seems to pay homage to the marketing slogan sends a signal about the Constitution.
I suggest for Article III about compensation is that a flexible view be taken the same way the court took a flexible view of Article II. I am sure a clever lawyer could find an indirect way to cut compensation. In the interim, perhaps the court building can be checked for pollutants and the Justices relocated until renovations can make their current place of operations safe.
Cheers. I love your response. If only we had sensible people, instead of greedy, power mad people, running our government, we'd be in Paradice.
Fascism here we come
Fredrick, Yes, I see it too.
It ain't happening,WE REFUSE!
Already here. Apparent in the Jan. 6 Committee Hearings - particularly dramatic in # 4, 5, and 6.
We all know Congress is in the pocket of and beholden to the corporate oligarchs. Citizens United made it even worse. Now, indirectly thru the Federalist Society, SCOTUS??!!
The Roe and prayer decisions have recast SCOTUS as the American Taliban. Now, they remove any teeth the EPA had to help slow damage to the climate?! What next? IRS can’t collect taxes? Dept. of Interior can’t manage National parks? CPSC can’t protect consumers?
What a mess. My flag will fly upside down this 4th of July.
Oh, that’s a good idea!
Officially, insanity has taken over the SCOTUS and it all boils down to Republican presidents who put 5 insane/religious bigots on the court. If I say any more I may get a visit from the FBI...
Jab, I saw the fall of America coming for (maybe) 55 years as I watched the evil Bible thumpers feeding lies to our citizens, BUT I NEVER DREAMED THAT IT WOULD BE THIS WAY, I SUPPOSED I JUST DIDN'T GUESS HOW WE WOULD FALL. When Republicans get control in November, we all might watch that we don't get a visit from the FBI.
Why do you (and soooo many others plus practically every single news reporting agency) assume that "Republicans (will) get control in November" ??? Pardon me, but how does that help the "fight back" mentality we all need? And how is it any different from the gop brainwashing's tactic of "telling the same lie over and over again until people believe it's true"?
MM, It bothers me that the media isn't more encouraging. I guess the bottomline is "fear" sells & keeps you glued to your TV? After what this radical religious far right supreme court has done to women's rights, abortion rights & EPA protections over the past few days & is now poised to target LGBTQ rights, gay marriage & contraception next. Makes me hopeful it will help motivate anyone with a brain & heart to go out & vote so the Republicans do not get control. (But it might be too late since the Republicans have been working feverishly for a long time to undermine & dismantle our electoral system.) So even if we all get out & vote, they may already have a fail-safe in place & will just declare themselves the winners...which basically means good-bye Democracy & hello Far Right Christian Nationalist Regime.
Kill your television.
Personally, I don't need to, but the millions who only watch faux or far right outlets on social media are of concern..
Those people have children & extended families (why should we concern ourselves with their corporate - and private - media?)...
YAY!!! Kudos to you, MM Harris
Small confession: knew it would be this way since middle school (like 1994)! Feared it - fought it - etc. etc.... but, truth be told: one person's apocalyptic nightmare is another person's perverse fantasy; go figure.
Ain't that the truth!