Category Archives: biden

The Supremes Vote

One thing is clear about this year’s election for president. The Supreme Court intends to cast its vote. The Court, driven by the conservative majority, rushed to hand Donald Trump a victory the day before Super Tuesday, the day fifteen states, including Colorado, hold primary elections. It even went as far as to announce on a Sunday that it would be handing down a ruling the next day. And it leaked the subject so loudly every story that night predicted it would be a decision in Trump v. Anderson.

In Trump v. Anderson, all nine justices agreed that states lack the power to enforce Section 3 of the 14th Amendment against presidential candidates. All nine justices ruled in favor of Trump on this question. I’d like to pat myself on the back here because I predicted this outcome not long ago. I’d like to, but I won’t, because nearly every other court watcher made the same prediction.

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Enter the Supremes

Update December 28, 2023

There are reasons why journalists usually write analysis and commentary only after a breaking event has settled. Today Maine’s Secretary of State, Shenna Bellows, disqualified former President Donald Trump from appearing on the state’s 2024 Republican primary ballot. Her decision was based on the 14th Amendment of the US Constitution, which prohibits anyone who has “engaged in insurrection or rebellion” against the United States from holding office.

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Who the Hell is Tommy Tuberville?

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9-11 Insert

This is the twenty-second year since the 9-11 attacks. An entire generation has passed. My memories of that day written two years ago can be found posted here.


In a Washington Post op-ed published on Monday night, the civilian secretaries of the U.S. Army, Navy and Air Force sharply criticized Sen. Tommy Tuberville, the Alabama Republican “who is blocking the confirmation of our most senior military officers,” as they put it. It was a most remarkable document. And one which must have been a great comfort to the military leadership in China, Russia, Iran, and North Korea.

Tuberville is an anti-choice conservative and a staunch supporter of Donald Trump. He is an Alabama dilettante who decided after a successful career as a football coach, he might like to be a United States senator. The people of Alabama, one of the least educated of the United States, agreed and sent him to Washington in 2021.

Tuberville has single-handedly placed a “blanket hold” on the appointments of all “general and flag officer nominees” in all branches of the U.S. military. He strongly opposes what he calls “Defense Department policies that ensure service members and their families have access to reproductive health” — and, more specifically, to abortion services — “no matter where they are stationed.” The gist of this policy is that service members in states where abortion is now illegal or sharply restricted may travel at government expense to jurisdictions where it is permitted, a policy Tuberville and other Republicans strongly oppose.

In the Post op-ed, Navy Secretary Carlos Del Toro, Air Force Secretary Frank Kendall, and Army Secretary Christine Wormuth write that the policy on reproductive access is fully legal and “critical and necessary to meet our obligations to the force.” Tuberville‘s hold, they assert, is “putting our national security at risk” by preventing the Pentagon “from placing almost 300 of our most experienced and battle-tested leaders into critical posts around the world“:

Three of our five military branches — the Army, Navy, and Marine Corps — have no Senate-confirmed service chief in place. … Across the services, many generals and admirals are being forced to perform two roles simultaneously. … Each of us has seen the stress this hold is inflicting up and down the chain of command, whether in the halls of the Pentagon or at bases and outposts around the world.

Washington Post Op-Ed, Navy Secretary Carlos Del Toro, Air Force Secretary Frank Kendall, and Army Secretary Christine Wormuth

Tuberville‘s claim that “holding up the promotions of top officers does not directly damage the military,” the three secretaries conclude, “is wrong — plain and simple.”

So, who is this guy who doesn’t mind doing the work of our foreign adversaries? He’s a Republican of course. Elected in 2021, he was the head football coach at Auburn University from 1999 to 2008. He was also the head football coach at the University of Mississippi from 1995 to 1998, Texas Tech University from 2010 to 2012, and the University of Cincinnati from 2013 to 2016. In 1976 he was awarded a B.S. in physical education from Southern Arkansas University. SAU’s ranking in the 2022-2023 edition of Best Colleges, Regional Universities South, is #94.

Adding to his unimpressive educational record, Tuberville has no military experience. And here’s the best part of the Tuberville saga, Tommy reportedly doesn’t live in Alabama! A published review of campaign finance reports and property documents related to Tuberville “indicate that his home is actually a $3 million, 4,000-square-foot beach house he has lived in for nearly two decades in Santa Rosa Beach, Florida.”

If true, this would seem to make Tuberville ineligible to represent Alabama in the Senate. The Constitution itself clearly states:

Every member of the Senate shall be . . . at the time of his election, a resident of the state from which he shall be chosen.

Constitution, Article 5, section 3

I have been waiting for the Senate, which details the qualifications for Senators on its own web site, to begin an investigation. I will not hold my breath. This is just what the people of Alabama and the Republican party apparently want in a senator.

Yes, there is a way to override the hold. The Senate rules allow for a process called cloture, which can be used to end a filibuster or break a hold on a nomination or bill. Cloture requires the support of sixty senators to pass, which means that it can be difficult to achieve in a closely divided Senate. The Democrats can’t do it alone. No Republican is willing to break the hold.

It is further evidence that, whatever the original plan for the United States Senate was, it is one of the framers most failed experiments. Only an amendment to the Constitution can tame the monster the Senate has become. And that will not happen any time soon.

The country be damned.

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The One That Counts

Donald Trump‘s dance card is filling up. Trump has now been indicted by a third grand jury, this time for his actions following the 2020 election. Trump is accused of attempting to stop the peaceful transfer of power and deny the right of American citizens to elect their president. There has never been anything like this in the history of the United States. The outcome will determine what kind of a nation we want to be.

This is the Case that Counts

In a series of investigations, two previous indictments, two impeachments, and several civil lawsuits, Trump has been accused of crimes committed as president and after he left office. The charges range from business fraud to the illegal retention of classified material to the destruction of evidence.

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The Supremes: The Gods Themselves

Supreme Court Building, exterior

Following its tradition of recent years, the Supreme Court of the United States spent the last few weeks of June releasing its most controversial decisions of the term. It then adjourned for its usual three-month vacation. This is the last of a series of posts analyzing those decisions.


As is their habit, the reporters who cover the Supreme Court of the United States wrote summarizing the court’s decisions for the term that ended in of June. Some surprised me in concluding that this term was less traumatic than the last. Those of that view concluded that the Court was mindful of the decline in public respect for the institution that followed the 2022 decision, Dobbs v. Jackson Women’s Health, overturning the fifty-year-old precedent holding that women had the right to control matters of their own reproductive health.

It is true, the decisions of the term just ended avoided the use of the term “overruled” the conservative supermajority applied with such glee in Dobbs. But I see little to cheer in their recent work. They have continued to erode at rights Americans have taken for granted. And they do with without regard for precedent, without deference to the elected branches, and without consideration for the principle that their jurisprudence be as limited as possible. Instead, they have set themselves up as the most powerful branch of government, the final arbiters of the most fundamental elements of our social intercourse. We have entered the age of SCOTUS uber alles.

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The Supremes: Student Debt

Supreme Court Building, exterior

Following its tradition of recent years, the Supreme Court of the United States spent the last few weeks of June releasing its most controversial decisions of the term. It then adjourned for its usual three-month vacation. This is part of a series of posts analyzing those decisions.


On the last day of the term the Supreme Court ruled 6-3 in Biden v. Nebraska that the Biden administration’s student loan forgiveness plan was unconstitutional. The plan, which would have forgiven up to $20,000 in student debt for borrowers with incomes below $125,000, was based on the Higher Education Relief Opportunities for Students Act (HEROES Act), a 2003 law that allows the government to provide relief to recipients of student loans during a national emergency.

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The Supremes: LGBTQ

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Supreme Court Building, exterior

Following its tradition of recent years, the Supreme Court of the United States spent the last few weeks of June releasing its most controversial decisions of the term. It then adjourned for its usual three-month vacation. This is part of a series of posts analyzing those decisions.


The Supreme Court’s conservative supermajority did not end its assault on precedent with its new rules on abortion last term and affirmative action in the term just ended. In the eight years since the court ruled in Obergefell v. Hodges that the right to marry is a fundamental right guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment the surviving dissenters in that case, Justices Samuel Alito, Clarence Thomas, and Chief Justice John Roberts have been plotting revenge. Thomas, in his concurrence to last year’s Dobbs v. Jackson Women’s Health opinion stripping American women of their reproductive rights explicitly invited a fresh challenge to Obergefell.

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