Category Archives: Congress

The Supremes Vote

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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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Mike the Misinformed

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Republicans scraped the bottom of the barrel last October when they elected the little-known Mike Johnson of Louisiana Speaker of the House of Representatives and second in line to the Presidency of the United States. Johnson emerged as the fourth Republican nominee in what had become a clown show of political infighting after the Republican caucus threw out Speaker Kevin McCarthy. Johnson’s election required fifteen votes.

McCarthy was voted out of the job in an extraordinary showdown, a first in U.S. history, forced by a gang of hard-right conservative Republicans. The vote threw the House and its Republican leadership into chaos. McCarthy’s crime was to have reached a bipartisan agreement with Democrats to fund the government for a brief period to prevent a shutdown.

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Election 2024 and the Supremes

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I remember vividly the decision of the United States Supreme Court in Bush v. Gore, 531 U.S. 98 (2000). The Supremes had opined on elections many times before. But this was the first time the top court literally decided an election, stopping the ballot counting process still under way in Florida, and declaring George W. Bush the winner and 43rd President of the United States.

Moreover, it came to its decision by a party-line vote of 5 to 4. That led many to question the validity of the decision, which was based on the determination that the vote counting in Florida would violate the due process clause of the Fourteenth Amendment. Note I wrote “would” rather than “did”. The Bush Court apparently consulted a soothsayer and reached its conclusion based on a prediction, not an actual event. We can never know if it was right.

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The Nuts Factor

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This is nuts. That’s all I could think as I listened to D. John Sauer, an attorney for Donald Trump, with Trump sitting in the front row of the courtroom, tell a panel of the United States Court of Appeals for the District of Columbia that it should overturn a decision of the district court and dismiss the federal indictment against Trump for crimes connected to the January 6, 2020, mob assault on Congress.

To recap, on August 1, 2023, Special Counsel Jack Smith charged Trump with four federal criminal counts after a grand jury investigation into Trump’s attempt to overturn the 2020 election, culminating in the January 6th insurrection. In October 2023, Trump claimed in the case that he had absolute immunity from prosecution for actions he took as president but Judge Tanya S. Chutkan, the trial judge in the case, rejected (opinion here) Trump’s claim, finding that “neither the Constitution nor American history supported the contention that a former president enjoyed total immunity from prosecution.” Trump appealed the ruling.

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GOP Clown Show Continues

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When we last visited the Clown Show, in January of 2023, we were talking about the farce the Republicans put on trying to elect a Speaker of the House of Representatives. Kevin McCarthy of California finally won the post on a historic fifteenth ballot. But power really lay with roughly fifteen right-win radical Republicans, who battled McCarthy relentlessly.

I took a break from this subject as the GOP stumbled though one of the least productive House sessions on record. Now it’s time to catch up.

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Yes or No?

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(L-R) Dr. Claudine Gay, President of Harvard University, Liz Magill, President of University of Pennsylvania, Dr. Pamela Nadell, Professor of History and Jewish Studies at American University, and Dr. Sally Kornbluth, President of Massachusetts Institute of Technology, testify before the House Education and Workforce Committee at the Rayburn House Office Building on December 05, 2023, in Washington, DC. The Committee held a hearing to investigate antisemitism on college campuses.

Let me give you a piece of advice. If someone asks you if calling for the genocide of the Jewish people violates the standards of your organization, the answer is “Yes!” Do not equivocate. Do not hesitate. Do not turn to your lawyer and ask for a legal brief balancing the right of free expression against the fighting words involved in a call for the violent elimination of a race of people. Just say, “Yes!”

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Dianne Feinstein

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Dianne Feinstein, senior Senator from California, passed away over the weekend at the age of ninety. The last year was not easy for Senator Feinstein. Frail and ailing, she spent several months at her home in San Francisco. When she finally returned to the Senate, she was wheelchair bound and appeared at time to be unsure of her surroundings. It was not a fitting end and many, including me, wondered if the rules of Congress are such that they force infirm representatives to remain on the job after they were no longer able to do the job.

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