Tag Archives: Supreme Court

Birds of a Feather

Posted on by Leave a comment

Last week The New York Times published a photograph it had acquired that showed an upside-down American flag flying on the pole at the home of Supreme Court Justice Samuel Alito. This incident occurred in January 2021, just days after former President Donald Trump’s supporters stormed the U.S. Capitol. The flag is associated with Trump’s false claims of election fraud.

Alito says he had no involvement whatsoever in the flag flying. The flag, he said. was briefly placed by his wife, Martha-Ann Alito, in response to a neighbor’s use of objectionable and personally insulting language on yard signs. Alito also claimed he did not participate in the decision to display the flag. Sounds to me like Alito is throwing his wife under the bus.

Read more

The Supremes Vote, Again

Posted on by Leave a comment

There is no doubt anymore. The conservative majority on the United States Supreme Court is dedicated to electing Donald Trump to a second term.

The Trump justices made that clear last week as they considered his extraordinary claim that a president has an absolute immunity from criminal prosecution. The idea seems absurd on its face. A fundamental principal of the United States is that it is a nation of law. The framers of the Constitution, having overthrown one monarch, had no desire to create a new one. There is no evidence in the historical record that they believed a president should be immune from criminal prosecution. Two lower courts carefully considered Trump’s claim and rejected it completely.

Read more

Civility? I Think Not.

Posted on by Leave a comment

(Supreme Court Justices Sotomayor and Coney speak on, “How to Disagree Agreeably,” Feb. 23, 2024, National Governor’s Association, NGA via YouTube.)

See Update Below

My mother was always an optimist. She was sure that, given time, people could rationalize if not eliminate their disputes. In her vision, people of different races, different religions, and different economic positions could learn to live side by side and she was always correcting me if my big mouth strayed too far from civil discourse.

Read more

Let the Games Begin

Posted on by Leave a comment

Let there be no doubt. The 2024 State of the Union address kicked off the 2024 campaign for president. And it promises to be a raucous race.

I’ve watched many a state of the union in my day. But I’ve never seen one like the third state of the union of President Joe Biden. This was without a doubt a campaign speech. An in-your-face speech directed at the Republicans in Congress, the Republicans at home, and the Republican’s all-but-anointed candidate for president, Donnie Trump. Yes, my friends, it’s deja vu all over again.

Read more

The Supremes Vote

Posted on by One comment

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.

Read more

Election 2024 and the Supremes

Posted on by One comment

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.

Read more

Enter the Supremes

Posted on by One comment

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.

Read more
« Older Entries Recent Entries »