I had the opportunity yesterday to talk to Tristan Snell, a former Assistant Attorney General for New York State and author of the excellent Taking Down Trump about his successful prosecution of Donald Trump and Trump University. He was as disturbed as I was about the Trump-friendly questioning by the Supreme Court’s conservative majority during oral arguments Thursday over the issue of absolute presidential immunity. “Yesterday really knocked me sideways,” he said.
I’ve got to be honest, I think I finally might have had the blinkers removed from my eyes on the Supreme Court. I’m somebody who grew up very much respecting the court system. I’ve been a lawyer for 20 years. When I grew up, the Supreme Court meant something and it was an establishment that had a lot of credibility. And even when you didn’t agree with them, there was a gravitas there…The residual respect that some of us have for the Supreme Court needs to be tossed away completely. I keep thinking we’ve seen the bottom of what they’re doing and then they go lower.
While Snell anticipated a clear 7-2 or 6-3 majority saying that Trump is not immune, now he’s not so sure. “I never thought this would go the wrong way,” he said. “I thought the problem was the delay.” And he now worries that a decision coming at the end of the court’s term in late June could cause the Jack Smith prosecution of Trump’s role on January 6 to “go away”—and maybe even undermine the state-level prosecutions. This has strengthened his recognition that, ultimately, it’s up to voters to hold Trump accountable at the ballot box.
As for the court? Snell was sickened (as was I) by Justice Gorsuch insisting their task is to write “a rule for the ages.” Federalist Society conservatives who used to rail against legislating from the bench are now exploiting their power to do exactly that. We already saw that when they rejected settled law (and the will of the public) by stripping away women’s reproductive rights and overturning Roe v. Wade.
What do you think? How broken is the Supreme Court? How did their questioning on Thursday or their overturning of Roe or other actions—including the unethical conduct of Clarence Thomas and his refusal to recuse himself in cases involving January 6—affect your thinking about the court? And do you think short-term change is possible, be it from new appointments in a second Biden term or an expanded number of justices? Or are we looking at decades to repair the damage caused by this Supreme Court?
As always, I look forward to your observations and the opportunity for this community to learn from each other. Please do be respectful. Trolling will not be tolerated.
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*Photo: U.S. Supreme Court building by Douglas Rissing via Getty Images.
Would it be feasible to give a heads-up to the Court members in the form of looking into impeaching Justice Thomas. The Constitution states that Justices "shall hold their Offices during good Behaviour." I don't see how he has lived up to that standard.
I’m afraid that the Court is irreparably broken. It was the last bastion of civility left in government, and now it too is corrupted. It is indeed true that everything Trump touches dies…
Our Supreme Court is captured. Just like our regulatory agencies. Our ship of state requires a complete overhaul and while we’re at it, let’s do away with the electoral college.
Once there are Democratic majorities in the House and Senate put in an exception to the filibuster for expanding the court. Expand it to thirteen. Put in enforceable ethics rules. Impeach Thomas.
I was aghast at the pretzel twists some of the Justices used to question the attorneys. Definitely shattered any sense of gravitas the Court might have retained. Something has to be done to restore our faith. Term limits might help as well as expanding the number at least to cover all the circuits.
I'm sickened by this whole mess. I too "lawyered" for 20 years and cannot (but I do) believe what is happening. So, if they grant immunity before the election, can Biden use it to stay in office and expand the Supreme Court with a more logical thought process? Sheez...never thought I would say those words. 😩
In a failure to keep religion separated from our government, we now see the horrific consequences. Morality police with absolute immunity themselves. "Just-us's" who are tools of the wealthy.
In my lifetime, I’m not sure I’ve ever held much of a respect. Deciding Bush over Gore, the Hobby Lobby vote, corporations are people, Clarence Thomas’s sexual harassment of Anita Hill… Ugh. So gross and it allowed for so much corruption to seep in. …and it’s gotten so bad now with bribes from corporations/billionaires, and lies about respecting settled law on Roe, and Thomas not recusing himself on anything related to the insurrection and on and on.
I say Biden uses his “new found Supreme Court immunity ruling” to clean house and send the liars away. Start a new court and give them terms, no more lifetime appointments.
In the best kind of world, we come out in never seen before numbers and pack every level of government with true blue 💙 and honest do-gooders! And people remember they have a conscience and abide by ethical behavior. Sounds like a dream, and it is, but I still hold hope that most people will be so finally sickened by witnessing what these unethical “judges”, tr*mp and MAGA a-holes are doing now that they decide to do their part to turn it all around!
The unelected, but politically appointed, Supreme Court has now become The Extreme Court, legislating from the bench and overturning long standing precedent against the will of the people. It needs to be significantly expanded, to at least 11 members, with a maximum term of 10 years, perhaps less.
And while we’re at it, get rid of the electoral college, a total white elephant (!) which enables losers to become leaders, which they never should be allowed to do. The popular vote should rule, as it does in most other democracies.
I believe we are at a major breaking point of our judicial systems. Through deep reporting and research from actual reporters (take lessons FOX) we have learned just how corrupt the bench has become. Especially Thomas and Alito. Want my vote? Fly me somewhere expensive, buy a house or support my family in some monetary way. How abput the vote to release the phone texts from J6. THat went to the sSCOTUS bench. the vote was 8-1 to release the texts. Who was the one vote against the idea? Clarence Thomas, whose wife was heavily involved in those texts to attempt the overthrow of the election. If Thomas didn't recuse himself from that, what makes anyone think he would ever recuse himself. Why can't SCOTUS police themselves? So, yes, we have to keep Joe in the White House, then Hakeem Jeffries in 2028 for 8 years, take over both chambers, and maybe we can fix this country! Did you listen to Bill Barr this week??! What a sack...what a weasel.Very concerned if Blue doesn't show up in November. My dream is that for every judge at any level, and for the folks in DC. Once you make it to those positions of power in our country, Red, Blue, Dem, Repub, all those allegiances must be put away, and they just become Americans, working for the American people who put them there. Aerosmith had a song for that, "Dream On"
If the Court gives immunity to Trump our Constitutional form of government dies. I’m back to being as terrified as I was in 2016. The Pandemic was somehow easier to handle than my fears about the US.
So let me get this straight - for Tristan Snell the blinkers (sic blinders) are only now removed? Go back and re-read Citizens United, Bush v Gore, District of Columbia v Heller (and its progeny), Shelby County v Holder, Dred Scott, the tobacco lawyer Lewis Powell's memorandum I could go on and on and on) - and then answer that question.
No disrespect to Snell, but this has been a long history with this institution. As a consequence of the Nixon and Reagan appointees and those from long before, the court's thin veneer of decorum is razor thin. Currently, they are a vivid extension of the once Moscow Mitch led Senate majority.
Whether Biden wins in November or agent orange, their role may well be forever changed. A Biden victory may result in their numbers increasing to more closely conform to the number of federal circuits; and, their behavior will be guide by an enforceable code of conduct. An agent orange victory may manifest their destiny to total irrelevance - an irony that is sickening.
The Un-Justices of this now Un-Supreme Court have managed to denigrate and destroy the trust we once all had in the Supreme Court. Whether agreeing with their decisions or not, at least we once believed they were upholding the Constitution. Sadly, I no longer believe that. Listening to them on Thursday was sickening and disheartening. They couldn't have done a better job to destroy the remnants of their reputation (already weakened by overturning Roe v. Wade after they got on the court by swearing they would uphold precedent) had it been their goal to destroy the respect our nation had in its Supreme Court.
While SCOTUS cynically debated yesterday the meaning of immunity for Donald Trump they swept the fact under the rug that he was ultimately behind the idea of hanging his Vice President.
Trump’s attorney repeatedly mentioned that whether or not a president could be immune from prosecution for their actions was dependent upon the “context” of the action. So apparently if Biden figured out the correct “context” to make it an official act, he could conceivably jail Trump and the Supreme Court Justices and appoint a new Court. Problem solved.
There are actually two different Supreme Courts at work.
One addresses legal issues outside of partisan politics and culture wars. It often decides cases unanimously or by wide margins and sometimes across political divides. This Court is more conservative than I would prefer, but it tends to decide cases well within the legal mainstream.
But for political / culture war cases, the Court is a partisan extreme right wing exercise in pure political power. Its only guiding principle is how to ensure a right wing victory. All purported conservative legal philosophies of textualism, originalism, and judicial restraint are jettisoned as needed. Even basic judicial ethics are trampled upon.
THAT Court deserves no respect or presumption of legitimacy. None of its opinions should be considered to have any moral authority or precedential value beyond the time when they lose enough justices to keep. When eventually they lose their majority, those decisions will be tossed into dustbin of ignominy where they belong.
When Democrats have a majority in the House and Senate, and have won the Presidency (pray this happens this November) there has to be a major PUSH to clean up this court by expanding it ASAP. Are there any other fixes to this politicized court? Impeach Thomas?
I, too, have a long history of respecting the court. I’m still amused when one or more justices who are supposedly Trump judges rule for the law and not for his interests. But I’m also disturbed by the seeming corruption and politicization of the court. What’s worse, they seem completely immune to even reasoned criticism. And why not? Lifetime tenure covers a lot of sins. And completely destroys any “red-face” tests.
I am so thoroughly disgusted and angry at these un-elected, self righteous men who think they can make decisions “for the ages” without dealing with the actual case at hand! It is time to insist that the court is too narrow and too partisan (not to mention unethical—thank you, Clarence Thomas), and needs to be unpacked. Let’s look at the numbers of circuit courts and amp the numbers on the Supreme Court up to a reasonable degree.
In Gore vrs Bush, Scalia did not completely corrupt the SCOTUS but he laid the cornerstone. Scalia inserted the Court (as himself) into the election beyond any recognized standard legal prescription of called-for process of confirmation, and his remarcks throughout were tinged with a vibrancy of authoritarian aire that was chesty and audacious. Most lawyers at the time I assume were somewhat schocked, but this was the Supreme Court, the top of the legal hill, and lawyers by instinct play things close to the chest while putting their fingers in the air, always reading how the wind blows, placing verity second to vulnerability. From Scalia on, the Highest Court has evolved with increased political insertions and the politicalization now seems complete. Sadly, meaningful remedy is mentioned only in murmurs--more judges, limited terms, etc--the voices that could be raised are as yet only weak and perfunctory. If enough fire were raised, it could become a strong issue in the election. Left as it is, the SCOTUS remains untouchable.
If he's freaked out now and grew up under the Rehnquist Court or earlier versions going back to Burger, when things started going south, he'd REALLY be blown away if he had grown up under the Court of Warren & William O. Douglas, Thurgood Marshall...
Rehnquist was a weirdo hack who cut his bonafides in Arizona intimidating Latino voters & ushering in the current era of voter suppression. And now we've got the Ginni Thomas & scAlito Court...
Well, here’s where I sit. The current SCOTUS is bought, and paid for. Full stop. The court must be expanded, term limits need to be implemented, along with an enforceable code of ethics with outside oversight. The self enforced COE isn’t worth the paper it’s printed on with this group. It’s a joke. Any COE must have outside oversight by an ethics committee of some sort. Just my take. 😎
Far right Justices are clearly looking for a way to do minimal damage to Trump. They have made this about future bad actors who might seek to punish their rivals, instead of the current bad actor, Trump, who tried to subvert a lawful election after all legal remedies had failed. They keep avoiding the actual judicial issue in front of them and seem to be trying to legislate from the bench.
And no one has asked Thomas, who is obviously conflicted, to step down.
SCOTUS, looks more and more like a fascist court protecting a fascist candidate. It’s sickening to watch.
If they thought he was innocent of the crimes, they would rule quickly against him and let the trials go forward before the election. They know very well that he's guilty, so they want to pause everything as long as they can.
Marveling at the irony of protecting a president from criminal abuse who has already, and on multiple occasions, threatened to do just that to CANDIDATES who would not enjoy any such protections.
The court, formerly so eminent and respected, now oblivious to the present lethal assault on our institutions-judiciary foremost among them-as to dawdle away precious time on some distant wispy abstraction that might be problematic but utterly reliant on our legal wisdom to avoid. “For the ages” may well be our ending.
I am flabbergasted that SCOTUS could both ignore the plain letter of the law in the 14th amendment and yet find cause for immunity that exists nowhere.
If Presidental immunity is found to exist then we have ourselves a monarchy.
It is well past time to expand the court by 4 members. There should be one justice for each circuit court. Biden and Schumer should pull a McConnell, appoint 4 of the most qualified liberal judges and get them approved less than 3 weeks before the election. Then pass a law that the number of justices cannot exceed the number of circuit courts.
I feel like you. The blinders are off. The sense of gravitas blown away. I have no respect for this court. I have no trust they will make decisions that buttress the laws of this country. And then my partner reminded me this isn’t new. People in positions of great power allow themselves to be corrupted. Isn’t that what we’re seeing here?
I am still in shock. The MAGA movement has caused me to worry about our republic but I now realize the real evil is Mitch McConnell and his packed court. I feel like I am watching the world of "Prophet Song" unfold before my very eyes.
It was quite evident that the fanatical right wing Justices on the Supreme Court were not interested in focusing on the case before them, as is proper..
Instead, they leaned into bizarre hypotheticals, interrupting at seemingly every turn the Lawyer arguing for the Special Council.. In that spirit, I wonder how they would respond to the hypothetical of a Jan 6th Attack incited by a President that landed on their doorstep instead of our Capitol..
These right wing people on the court have gone way beyond their remit with malice and aforethought..They have ignored the basic principles of their responsibility and are manifestly unfit to be trusted in any capacity of jurisprudence..
For that matter, Thomas and Alito must be removed immediately..They have abdicated their oath, responsibility and duty..
It is difficult for me to wrap my head around the fact that there are so many in the legal community looking at them, who are so much better versed in the law, in the Constitution, its history, meaning and proper interpretation than these people..That they would conduct themselves as they have in the face of such scrutiny..
There must be swift action by those who are trying to preserve our Democracy.. There must be an intervention of some kind to stop the deliberate destruction of our Democracy.. There is no credibility or legitimacy with this court..It is a lawless arm of the GOP..I cannot begin to imagine what the thinking is of Jackson, Sotomayor or Kagan.. On the whole, they must be made an offer they can’t refuse..I do not see anything else that would be acceptable..They are literally a domestic enemy..
As has been suggested by others it is necessary to reconfigure the SCOTUS. After Biden wins reelection he should immediately set about to add members to the court. It has been suggested by others who are more familiar with the Federal court system that there should be 13 members and that lifetime appointments should be terminated. But, I don’t believe Biden would do this as he is at heart a very conventional politician.
The Supreme Court, in my mind, are Right Wing, Hacks. I’m Appalled by the actions of our highest court.,but Not Surprised . We have to work harder this Election Cycle to insure the Rights of Women, access to Voting, and by insuring the Rights of ALL People. So, we have a lot of work to do. Keep our Eye on the Prize, sort of
Speak. And, by all means, Expand the Supreme Court, take it away from the Right-Wing Hacks who control the Court.
To me it is mindboggling that the supreme court actually exists of republican as democratic members; it should be without any bonds to a party, and let the judges see with every trial what the best way is to decide over it. Isn't Justice the woman with the blindfold on? Isn't it insane to have either a republican or democratic judge rule over any case? Judges should be without party; they are above it
Clarence has been misguided by his wife who is herself has harmed American Citizens. Donald will not be President. All the darkness is coming to light.
The Supreme Court members who are voting to let Donald off the hook are Obstructing Justice. Yes, a first as I see it.
If the Highest Court in the land is broken then it needs to be fixed. Remove the one's who choose not to follow the Constitution or the Laws of this country.
The only way to correct this court is for Trump to lose - badly - in November and the Congress and Senate to gain enough members to expand the SCOTUS AND HAVE THE BACKBONE TO DO IT. Democrats still hold out hope that the Golden Rule applies, that the playing field is even, that all rules are followed equally AND THEY ARE NOT. We have wasted decades with this mindset while the Mitch McConnells and the Bill Barrs of our world stripped away all pretense of neutrality regarding the POTUS and all of our courts. The SCOTUS is made up of 5 politicians, three who are unqualified to even sit on that bench given their inexperience, past misdeeds and their inability to separate their church from our state.
The Republican clown show has now permeated the Supreme Court. Thomas’ conflict of interest has once again reared its ugly head with the chief justice giving him a pass without even the hint of recusal. Gorsuch is sitting thanks only to McConnell telling President Obama that he couldn’t appoint a Supreme Court judge in the last year of the president’s tenure. As to Thomas, too bad the Justice Department didn’t do a thorough review of his wife’s involvement in Trump’s shadowy connections; there might have been enough cause to tie her behavior to Thomas himself.
Would it be feasible to give a heads-up to the Court members in the form of looking into impeaching Justice Thomas. The Constitution states that Justices "shall hold their Offices during good Behaviour." I don't see how he has lived up to that standard.
Watched for 10mins on msnbc. Had to turn off. Gorsuch, Alito and Roberts made me ill.
If they give total immunity to Trump, the Court is done. Pack it into oblivion.
I’m afraid that the Court is irreparably broken. It was the last bastion of civility left in government, and now it too is corrupted. It is indeed true that everything Trump touches dies…
Our Supreme Court is captured. Just like our regulatory agencies. Our ship of state requires a complete overhaul and while we’re at it, let’s do away with the electoral college.
Once there are Democratic majorities in the House and Senate put in an exception to the filibuster for expanding the court. Expand it to thirteen. Put in enforceable ethics rules. Impeach Thomas.
I was aghast at the pretzel twists some of the Justices used to question the attorneys. Definitely shattered any sense of gravitas the Court might have retained. Something has to be done to restore our faith. Term limits might help as well as expanding the number at least to cover all the circuits.
I'm sickened by this whole mess. I too "lawyered" for 20 years and cannot (but I do) believe what is happening. So, if they grant immunity before the election, can Biden use it to stay in office and expand the Supreme Court with a more logical thought process? Sheez...never thought I would say those words. 😩
I have called them the MAGA Scotus since McConnell broke the court. Now i just call them the Trump Defense Team.
In a failure to keep religion separated from our government, we now see the horrific consequences. Morality police with absolute immunity themselves. "Just-us's" who are tools of the wealthy.
There is too much arrogance on this court...Somehow, they came to believe they are the rule makers.
In my lifetime, I’m not sure I’ve ever held much of a respect. Deciding Bush over Gore, the Hobby Lobby vote, corporations are people, Clarence Thomas’s sexual harassment of Anita Hill… Ugh. So gross and it allowed for so much corruption to seep in. …and it’s gotten so bad now with bribes from corporations/billionaires, and lies about respecting settled law on Roe, and Thomas not recusing himself on anything related to the insurrection and on and on.
I say Biden uses his “new found Supreme Court immunity ruling” to clean house and send the liars away. Start a new court and give them terms, no more lifetime appointments.
In the best kind of world, we come out in never seen before numbers and pack every level of government with true blue 💙 and honest do-gooders! And people remember they have a conscience and abide by ethical behavior. Sounds like a dream, and it is, but I still hold hope that most people will be so finally sickened by witnessing what these unethical “judges”, tr*mp and MAGA a-holes are doing now that they decide to do their part to turn it all around!
The unelected, but politically appointed, Supreme Court has now become The Extreme Court, legislating from the bench and overturning long standing precedent against the will of the people. It needs to be significantly expanded, to at least 11 members, with a maximum term of 10 years, perhaps less.
And while we’re at it, get rid of the electoral college, a total white elephant (!) which enables losers to become leaders, which they never should be allowed to do. The popular vote should rule, as it does in most other democracies.
I believe we are at a major breaking point of our judicial systems. Through deep reporting and research from actual reporters (take lessons FOX) we have learned just how corrupt the bench has become. Especially Thomas and Alito. Want my vote? Fly me somewhere expensive, buy a house or support my family in some monetary way. How abput the vote to release the phone texts from J6. THat went to the sSCOTUS bench. the vote was 8-1 to release the texts. Who was the one vote against the idea? Clarence Thomas, whose wife was heavily involved in those texts to attempt the overthrow of the election. If Thomas didn't recuse himself from that, what makes anyone think he would ever recuse himself. Why can't SCOTUS police themselves? So, yes, we have to keep Joe in the White House, then Hakeem Jeffries in 2028 for 8 years, take over both chambers, and maybe we can fix this country! Did you listen to Bill Barr this week??! What a sack...what a weasel.Very concerned if Blue doesn't show up in November. My dream is that for every judge at any level, and for the folks in DC. Once you make it to those positions of power in our country, Red, Blue, Dem, Repub, all those allegiances must be put away, and they just become Americans, working for the American people who put them there. Aerosmith had a song for that, "Dream On"
If the Court gives immunity to Trump our Constitutional form of government dies. I’m back to being as terrified as I was in 2016. The Pandemic was somehow easier to handle than my fears about the US.
So let me get this straight - for Tristan Snell the blinkers (sic blinders) are only now removed? Go back and re-read Citizens United, Bush v Gore, District of Columbia v Heller (and its progeny), Shelby County v Holder, Dred Scott, the tobacco lawyer Lewis Powell's memorandum I could go on and on and on) - and then answer that question.
No disrespect to Snell, but this has been a long history with this institution. As a consequence of the Nixon and Reagan appointees and those from long before, the court's thin veneer of decorum is razor thin. Currently, they are a vivid extension of the once Moscow Mitch led Senate majority.
Whether Biden wins in November or agent orange, their role may well be forever changed. A Biden victory may result in their numbers increasing to more closely conform to the number of federal circuits; and, their behavior will be guide by an enforceable code of conduct. An agent orange victory may manifest their destiny to total irrelevance - an irony that is sickening.
Owned by the FS and Leonard Leo. What else should we have expected?
I think removal proceedings should begin immediately for Justice Thomas. That will show the Court and everyone else that they are not above the law.
The Un-Justices of this now Un-Supreme Court have managed to denigrate and destroy the trust we once all had in the Supreme Court. Whether agreeing with their decisions or not, at least we once believed they were upholding the Constitution. Sadly, I no longer believe that. Listening to them on Thursday was sickening and disheartening. They couldn't have done a better job to destroy the remnants of their reputation (already weakened by overturning Roe v. Wade after they got on the court by swearing they would uphold precedent) had it been their goal to destroy the respect our nation had in its Supreme Court.
We were all horrified by the extremist justices assumptions and questioning... thus we saw
Cheating the Light
SCOTUS
April 24, 2024
In the well
deep into the heart
hangs a bucket
used for dipping
out what is vital
to caring for life.
Today, the bucket
rested its case
on the well’s wall.
Dogs snatch
the rope holding
the bucket
rip and tore to shreds
water’s hope
of reaching light
to quench
thirst for justice.
We race
to find a new
rope of hope.
While SCOTUS cynically debated yesterday the meaning of immunity for Donald Trump they swept the fact under the rug that he was ultimately behind the idea of hanging his Vice President.
And let biden remove them. Since in their eyes he’s immune.
Broken & irreparable at this point! SCOTUS has to be revamped somehow!
Trump’s attorney repeatedly mentioned that whether or not a president could be immune from prosecution for their actions was dependent upon the “context” of the action. So apparently if Biden figured out the correct “context” to make it an official act, he could conceivably jail Trump and the Supreme Court Justices and appoint a new Court. Problem solved.
There are actually two different Supreme Courts at work.
One addresses legal issues outside of partisan politics and culture wars. It often decides cases unanimously or by wide margins and sometimes across political divides. This Court is more conservative than I would prefer, but it tends to decide cases well within the legal mainstream.
But for political / culture war cases, the Court is a partisan extreme right wing exercise in pure political power. Its only guiding principle is how to ensure a right wing victory. All purported conservative legal philosophies of textualism, originalism, and judicial restraint are jettisoned as needed. Even basic judicial ethics are trampled upon.
THAT Court deserves no respect or presumption of legitimacy. None of its opinions should be considered to have any moral authority or precedential value beyond the time when they lose enough justices to keep. When eventually they lose their majority, those decisions will be tossed into dustbin of ignominy where they belong.
When Democrats have a majority in the House and Senate, and have won the Presidency (pray this happens this November) there has to be a major PUSH to clean up this court by expanding it ASAP. Are there any other fixes to this politicized court? Impeach Thomas?
I, too, have a long history of respecting the court. I’m still amused when one or more justices who are supposedly Trump judges rule for the law and not for his interests. But I’m also disturbed by the seeming corruption and politicization of the court. What’s worse, they seem completely immune to even reasoned criticism. And why not? Lifetime tenure covers a lot of sins. And completely destroys any “red-face” tests.
I am so thoroughly disgusted and angry at these un-elected, self righteous men who think they can make decisions “for the ages” without dealing with the actual case at hand! It is time to insist that the court is too narrow and too partisan (not to mention unethical—thank you, Clarence Thomas), and needs to be unpacked. Let’s look at the numbers of circuit courts and amp the numbers on the Supreme Court up to a reasonable degree.
SC should never have taken the case.
Thomas should have recused himself.
9-0 ruling should be against immunity.
I am beyond disgusted. Justice Robert’s court is corrupt and complicit with Trump.
In Gore vrs Bush, Scalia did not completely corrupt the SCOTUS but he laid the cornerstone. Scalia inserted the Court (as himself) into the election beyond any recognized standard legal prescription of called-for process of confirmation, and his remarcks throughout were tinged with a vibrancy of authoritarian aire that was chesty and audacious. Most lawyers at the time I assume were somewhat schocked, but this was the Supreme Court, the top of the legal hill, and lawyers by instinct play things close to the chest while putting their fingers in the air, always reading how the wind blows, placing verity second to vulnerability. From Scalia on, the Highest Court has evolved with increased political insertions and the politicalization now seems complete. Sadly, meaningful remedy is mentioned only in murmurs--more judges, limited terms, etc--the voices that could be raised are as yet only weak and perfunctory. If enough fire were raised, it could become a strong issue in the election. Left as it is, the SCOTUS remains untouchable.
If he's freaked out now and grew up under the Rehnquist Court or earlier versions going back to Burger, when things started going south, he'd REALLY be blown away if he had grown up under the Court of Warren & William O. Douglas, Thurgood Marshall...
Rehnquist was a weirdo hack who cut his bonafides in Arizona intimidating Latino voters & ushering in the current era of voter suppression. And now we've got the Ginni Thomas & scAlito Court...
Well, here’s where I sit. The current SCOTUS is bought, and paid for. Full stop. The court must be expanded, term limits need to be implemented, along with an enforceable code of ethics with outside oversight. The self enforced COE isn’t worth the paper it’s printed on with this group. It’s a joke. Any COE must have outside oversight by an ethics committee of some sort. Just my take. 😎
Far right Justices are clearly looking for a way to do minimal damage to Trump. They have made this about future bad actors who might seek to punish their rivals, instead of the current bad actor, Trump, who tried to subvert a lawful election after all legal remedies had failed. They keep avoiding the actual judicial issue in front of them and seem to be trying to legislate from the bench.
And no one has asked Thomas, who is obviously conflicted, to step down.
SCOTUS, looks more and more like a fascist court protecting a fascist candidate. It’s sickening to watch.
If they thought he was innocent of the crimes, they would rule quickly against him and let the trials go forward before the election. They know very well that he's guilty, so they want to pause everything as long as they can.
Marveling at the irony of protecting a president from criminal abuse who has already, and on multiple occasions, threatened to do just that to CANDIDATES who would not enjoy any such protections.
The court, formerly so eminent and respected, now oblivious to the present lethal assault on our institutions-judiciary foremost among them-as to dawdle away precious time on some distant wispy abstraction that might be problematic but utterly reliant on our legal wisdom to avoid. “For the ages” may well be our ending.
I am flabbergasted that SCOTUS could both ignore the plain letter of the law in the 14th amendment and yet find cause for immunity that exists nowhere.
If Presidental immunity is found to exist then we have ourselves a monarchy.
It is well past time to expand the court by 4 members. There should be one justice for each circuit court. Biden and Schumer should pull a McConnell, appoint 4 of the most qualified liberal judges and get them approved less than 3 weeks before the election. Then pass a law that the number of justices cannot exceed the number of circuit courts.
It is an illegitimate court. Either expand the court, limit terms, have ethics rules that must be adhered to, or ignore them.
I feel like you. The blinders are off. The sense of gravitas blown away. I have no respect for this court. I have no trust they will make decisions that buttress the laws of this country. And then my partner reminded me this isn’t new. People in positions of great power allow themselves to be corrupted. Isn’t that what we’re seeing here?
I realize that with all my remarks and comments I failed to answer the title question of this piece. I’m going to do that now.
“How Broken Is The Supreme Court?”
Very, very broken..
I am still in shock. The MAGA movement has caused me to worry about our republic but I now realize the real evil is Mitch McConnell and his packed court. I feel like I am watching the world of "Prophet Song" unfold before my very eyes.
It was quite evident that the fanatical right wing Justices on the Supreme Court were not interested in focusing on the case before them, as is proper..
Instead, they leaned into bizarre hypotheticals, interrupting at seemingly every turn the Lawyer arguing for the Special Council.. In that spirit, I wonder how they would respond to the hypothetical of a Jan 6th Attack incited by a President that landed on their doorstep instead of our Capitol..
These right wing people on the court have gone way beyond their remit with malice and aforethought..They have ignored the basic principles of their responsibility and are manifestly unfit to be trusted in any capacity of jurisprudence..
For that matter, Thomas and Alito must be removed immediately..They have abdicated their oath, responsibility and duty..
It is difficult for me to wrap my head around the fact that there are so many in the legal community looking at them, who are so much better versed in the law, in the Constitution, its history, meaning and proper interpretation than these people..That they would conduct themselves as they have in the face of such scrutiny..
There must be swift action by those who are trying to preserve our Democracy.. There must be an intervention of some kind to stop the deliberate destruction of our Democracy.. There is no credibility or legitimacy with this court..It is a lawless arm of the GOP..I cannot begin to imagine what the thinking is of Jackson, Sotomayor or Kagan.. On the whole, they must be made an offer they can’t refuse..I do not see anything else that would be acceptable..They are literally a domestic enemy..
Since impeaching the corrupt justices is pretty much impossible, it's absolutely necessary to expand the court.
And it certainly won't be oversized considering that Germany with 84 million inhabitants has an equivalent of two senates of eight justices each.
As has been suggested by others it is necessary to reconfigure the SCOTUS. After Biden wins reelection he should immediately set about to add members to the court. It has been suggested by others who are more familiar with the Federal court system that there should be 13 members and that lifetime appointments should be terminated. But, I don’t believe Biden would do this as he is at heart a very conventional politician.
The Supreme Court, in my mind, are Right Wing, Hacks. I’m Appalled by the actions of our highest court.,but Not Surprised . We have to work harder this Election Cycle to insure the Rights of Women, access to Voting, and by insuring the Rights of ALL People. So, we have a lot of work to do. Keep our Eye on the Prize, sort of
Speak. And, by all means, Expand the Supreme Court, take it away from the Right-Wing Hacks who control the Court.
To me it is mindboggling that the supreme court actually exists of republican as democratic members; it should be without any bonds to a party, and let the judges see with every trial what the best way is to decide over it. Isn't Justice the woman with the blindfold on? Isn't it insane to have either a republican or democratic judge rule over any case? Judges should be without party; they are above it
The Supreme Court has been stacked by Trump.
Clarence has been misguided by his wife who is herself has harmed American Citizens. Donald will not be President. All the darkness is coming to light.
The Supreme Court members who are voting to let Donald off the hook are Obstructing Justice. Yes, a first as I see it.
If the Highest Court in the land is broken then it needs to be fixed. Remove the one's who choose not to follow the Constitution or the Laws of this country.
We The People can not sit back and say nothing.
A complete lack of respect
It’s shattered.
The only way to correct this court is for Trump to lose - badly - in November and the Congress and Senate to gain enough members to expand the SCOTUS AND HAVE THE BACKBONE TO DO IT. Democrats still hold out hope that the Golden Rule applies, that the playing field is even, that all rules are followed equally AND THEY ARE NOT. We have wasted decades with this mindset while the Mitch McConnells and the Bill Barrs of our world stripped away all pretense of neutrality regarding the POTUS and all of our courts. The SCOTUS is made up of 5 politicians, three who are unqualified to even sit on that bench given their inexperience, past misdeeds and their inability to separate their church from our state.
The Republican clown show has now permeated the Supreme Court. Thomas’ conflict of interest has once again reared its ugly head with the chief justice giving him a pass without even the hint of recusal. Gorsuch is sitting thanks only to McConnell telling President Obama that he couldn’t appoint a Supreme Court judge in the last year of the president’s tenure. As to Thomas, too bad the Justice Department didn’t do a thorough review of his wife’s involvement in Trump’s shadowy connections; there might have been enough cause to tie her behavior to Thomas himself.