How low can you go? "Every one of the Supreme Court’s nine justices is well aware of the recusal statute that binds federal judges . . . Even then, before #SCOTUS produced its own totally voluntary, never-say-never ethical guidelines in 2023, internal policy and external law required them to refrain from acting like thin-skinned partisan nuts, and to recuse themselves from relevant cases when they failed to adhere to this standard. This is a low bar to clear."
#SCOTUS justices are basically the judicial version of monarchs. They answer to no one, like monarchs. They serve lifetime appointments, like monarchs. They can openly commit crimes, and there are no consequences - just like monarchs.
Let's dive into some citations Kagan used and see what the underlying stuff says.
For fun---because I definitely see a Federalist citation in there and the beauty of the writing is irresistible.
Chiafalo v. Washington, you may actually recall, was a Supreme Court case involving "Faithless Electors" in the 2016 election. (Image: Summary of Facts)
The Court permitted States to penalize the faithless electors.
The Pocket Veto Case was a case in which President Coolidge allowed a bill passed by Congress to expire without signing it after Congress' adjournment.
The question was whether the bill was law considering the Presentment Clause in Article I. (Image 1)
The Clause reads like an LSAT logic game, but the Court held the bill did not become law.
The important part for Kagan's opinion is the quote's context: (Image 2).
So if the Executive has been allowed to do something for a long time, and its done it for a long time, and the Legislature let it do it for a long time, and the Judiciary approved its doing it for a long time, then there is a constitutional inertia that exists.
The Court can intervene, but only if it can overcome the inertia.
Kagan then details the 200 years of unbroken tradition with broad Congressional discretion over form of Appropriation.
"The founding-era practice that the Court relates (Image 1) became the 19th-century practice (Image 2), which became the 20th-century practice (Image 3), which became today’s. (Image 4)"
[parenthetical added by me]
And throwing in Scalia for good measure. Everyone loves a good Scalia cite.
Kagan then notes that there are many appropriations made which are not on an annual basis and not required to return to the Legislature for additional funding:
Customs Service, Post Office, Office of the Comptroller of the Currency (Definitely an office I knew existed 😉), and the Federal Reserve Board.
And that's about it for Kagan and her interesting squad of justices.
McCulloch v. Maryland was an early case from 1819 in which the State of Maryland had put a tax on a bank chartered by the federal government. The litigation stemmed from a refusal to pay the tax, and the Court of Appeals held the bank to be unconstitutional, necessitating Supreme Court review.
Ends up being the seminal "necessary & proper" case.
And the part to which she cites... is exactly that:
She cites to this part of Byrd, citing Richardson.
The context around the quoted part is, I think, extremely important. (Image 2).
It not only notes that the court's role is not general supervision, but that the "irreplaceable value of [judicial review]" is its protection of individual liberties.
After the 2020 presidential election, as Trump falsely claimed that President Joe Biden had stolen the election, people displayed a startling symbol outside their homes, on their cars and in online posts: an upside-down American flag. One of the homes flying an inverted flag during that time was the residence of Supreme Court Justice Samuel Alito, in Alexandria, Virginia, according to photographs and interviews with neighbors. Alarmed neighbors snapped photographs, some of which were recently obtained by The New York Times. Word of the flag filtered back to the court, people who worked there said in interviews. Join this channel to get access to perks: https://www.youtube.com/channel/UCkbwLFZhawBqK2b9gW08z3g/join Five Minute News with Anthony Davis is an Evergreen Podcast, covering politics, inequality, health and climate - delivering independent, unbiased and essential news for the US and across the world. Visit us online at http://www.fiveminute.news Follow us on Twitter http://twitter.com/fiveminnews Follow us on Instagram http://instagram.com/fiveminnews Support us on Patreon http://www.patreon.com/fiveminutenews You can subscribe# to Five Minute News with your preferred podcast app, ask your smart speaker, or enable Five Minute News as your Amazon Alexa Flash Briefing skill. Please subscribe HERE https://www.youtube.com/channel/UCkbwLFZhawBqK2b9gW08z3g?sub_confirmation=1 Learn more about your ad choices. Visit megaphone.fm/adchoices
Why has it taken over 3 years for American media to report that an extremist SCOTUS Justice flew a "duress flag" -- a symbol used by the insurrectionists -- for days after January 6? Why 3 years? #SCOTUS#Alito#extremism
…“I had no involvement whatsoever in the flying of the flag, “Justice #Alito emailed NYT. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable & personally insulting language on yard signs.”
…Interviews show Alito’s wife, Martha-Ann Alito, had been in a dispute w/another family on the block over an anti-Trump sign on their lawn, given the timing & starkness of the symbol, neighbors interpreted the inverted flag as a #political stmnt by the couple.