Tomorrow is the day that #SCOTUS must issue their decision on whether or not the former president (or any president) could be immune from criminal prosecution so that the January 6th Insurrection case can proceed and the voters know if he is guilty of instigating a coup to overturn the will of the electorate.
The Senate must act now: A RW SC majority could well place #TFG effectively beyond the reach of the nation’s criminal justice system for his attempt to void the outcome a national election. This isn’t the 1st time a politicalized court has tried to take control of the levers of the nation’s govt, with sometimes catastrophic results. Abraham Lincoln warned the nation about the dangers of a politicized & overreaching SC. The brazenness became clear with Bush v Gore. #SCOTUShttps://www.publicnotice.co/p/abraham-lincoln-warning-scotus-roberts-court
Since we now know Alito was flying his flag upside down at the time, let’s review one of the plans the coup plotters had involving him.
This interview by criminal defendant Powell is interesting. It suggests that the purpose of the insurrection was to DELAY the electoral college certification to give #Alito time to intervene on this legal challenge. But, Powell says they didn’t anticipate Pelosi reconvening Congress that day.
Crimal defendant Powell is interesting. It suggests that the purpose of the insurrection was to DELAY the electoral college certification to give #scotus#Alito time to intervene on this legal challenge. But, Powell says they didn’t anticipate Speaker Pelosi reconvening Congress.
Remember when John Eastman admitted his proposals to nullify the 2020 election would lose at #SCOTUS 7-2?
The two Eastman was counting on for the insurrection were Thomas (atop the 11th circuit where they filed a lawsuit in Georgia) and Alito (atop the 5th circuit where they filed a lawsuit in Texas). That’s according to under-oath testimony from Pence’s lawyer. 2/
#Trump pledges to 'roll back' Democratic President Joe #Biden’s #gun#regulations put in place by Democratic President Joe #Biden & to fire the #ATF chief during a lengthy rally speech to the #NRA on Sat, during which he accepted the influential group's #endorsement.
"I think you're a rebellious bunch. But let's be rebellious & vote this time."
The nation's top #gun rights group has now endorsed #Trump 3X - in 2016, 2020 & 2024.
The org cheered on Trump during his 2017-2021 term, as he appointed 3 #conservative justices to #SCOTUS & took a series of steps sought by the #GunLobby.…Including designating #firearm shops as “essential businesses” during the #COVID19#pandemic, allowing them to stay open.
Samuel Alito’s egregious partisan display should result in his resignation from the Supreme Court.
At the absolute bare minimum, it should be atoned for with recusal from any and all cases having to do with the former president and/or the January 6th insurrection.
Neither of these remedies will happen because the MAGA Supreme Court judges are naked reactionary partisans.
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.
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.