Category Archives: Supreme Court

I Have a Dream….

My dream is that Mitch McConnell of Kentucky, Republican Leader of the Senate, solemnly announces that he has received from the House of Representatives Articles of Impeachment of Donald J. Trump, President of the United States, and that as detailed by the Constitution and the rules of the Senate he is turning the gavel over to the Chief Justice of the United States, John Roberts, who will preside (Article I, Section 3, Clause 6).

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L’état n’est pas Donald Trump

L’affaire Trump has entered a new stage. In a scathing eight page letter to Democratic leaders in the House of Representatives, White House counsel Pat Cipollone declared that Donald Trump “cannot participate” in the House’s impeachment inquiry, complaining the “inquiry lacks any legitimate constitutional foundation, any pretense of fairness, or even the most elementary due process protections.”

The Trumpies of course love the letter even though it reads like Trump himself sketched it out, filling it with his long list of lies and manufactured grievances, and then handed it to Cipollone. I can imagine Cipollone struggling to take out Trump’s usual adjectives like, “lil’ Adam Schiff,” and adding some legalese. The resulting argument would get a failing grade in anyone’s first year Constitutional Law course.

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Again With the Guns

I have now learned that a great way to increase the amount of public participation on your blog is to talk about guns. The feedback on my last post set a record.

I have also learned that having a reasonable debate on this subject is pretty much impossible. There is so much disinformation out there that people involved in the discussion seem to be speaking different languages.

Part of the problem is that there really is, as I noted in the last post, not a lot of good data on the effects of gun ownership and gun regulation. I know that sounds crazy and I have to tell you, as one who believes in making informed data driven judgments it is very frustrating. But it is true mostly because the government, which funds much of the academic research in the United States, has for years forbidden the organizations responsible for public health and safety to fund studies into the causes of death by gunfire. That leaves us arguing, for example, on the effectiveness of the assault weapons ban which expired in 2004. 

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Guns

On September 13, 1994, a ten-year ban on assault weapons was signed into law by President Bill Clinton. It had been supported by three former presidents, Gerald Ford, Jimmy Carter and Ronald Reason. The law had a built-in “sunset” provision and was allowed to expire on September 13, 2004, when President George W. Bush was in office.

The so-called Federal Assault Weapons Ban, part of the Violent Crime Control and Law Enforcement Act of 1994, was limited. It included a prohibition on the manufacture for civilian use of certain semi-automatic firearms that were defined as assault weapons as well as certain ammunition magazines that were defined as “large capacity”.

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Don’t be suppressed

Someone rings the doorbell right around Jeopardy time, not the best moment to interrupt, and I go downstairs to answer. There are two young men at the door. One carries a clipboard. The other a stack of papers. It is election season and I expect to get a pitch or two but instead am simply asked if I intend to vote. “Yes” I reply and the questioner proceeds to ask if I want to vote by mail. “No” is my answer and he launches into a fervent speech about how much easier it is and how they can help not only by supplying me with a “Vote by Mail” form but also with a ballot I can fill out to cast my vote right then and there. At that all my alarm bells go off and I ask them who they are and who they represent. They quickly cover by saying, “Well, if you’re not interested…” and heading off down the block.

I go back upstairs and rejoin Amy, knowing not to interrupt the sacrosanct Jeopardy-Wheel of Fortune hour until a commercial break, when I give my report. She agrees the encounter was strange but says it was not a big deal. The more I think about it, the more I think it is and hop in the car to see if I can find the young men.

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Justice Kavanaugh

It’s Justice Kavanaugh now. Damn it.

Not that there was really any suspense. The Republican take-over of the federal courts has been a decades long project and, as usual, the lackluster resistance of the Democrats has been powerless to stop it. It does not matter that Americans, by a 51-41 percent margin, disapprove of Brett Kavanaugh’s confirmation to the Supreme Court. Americans preferred the Democratic candidate for president in 2016. A lot of good that did her.

I can hear it now. Even from some friends and relatives. “You’re just a ‘g d’ east coast liberal Democrat.” And then there’s, “Elections have consequences.” Thank you Lindsey Graham. First of all, I’m from Chicago. Not even close to either coast. Second, I was born into a very Republican family and I have voted for many Republicans over the years. But the Republicans I respected are either dead, retired, or primaried out of office. What’s left is a group of people who see politics as a blood sport where winning is everything. People for whom cooperation is anathema and no tactic out of bounds on the road to victory.

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