The six members of the conservative supermajority of the Supreme Court cast their ballots for Donald Trump on the last day of the court term, then ran out of town to begin their standard three months’ long vacation.
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It has become a tradition for me to write a series of blogs at the end of the Supreme Court term reviewing the major cases decided during the court year. I’m still working on this project, but it is not ready yet. Give me a few more days to digest the opinions the conservative supermajority dumped on the nation in the last few weeks. I find myself nearly overwhelmed by their blatant attempt to rewrite the Constitution and change our lives in ways I view with disgust and disappointment. I find it difficult to concentrate.
At times like these I like to think of better moments in the history of our great nation. We celebrate tomorrow our Independence Day, noting the date, actually July 2, 1776, when the Second Continental Congress declared “That these United Colonies are, and of right ought to be, free and independent States….”
“The Second Day of July 1776 will be the most memorable Epoch in the History of America,” Massachusetts delegate John Adams wrote to his wife, Abigail, on July 3. Adams, often prescient, vividly described the parades, “illuminations” and festivities he believed would be regular events, staged each year to note the occasion. We wound up celebrating the Fourth of July, the date of the signing of the final form of the declaration. But whatever the date the principal of the event was the delegates’ belief that a nation should rest not on the arbitrary rule of a single man and his hand-picked advisors, but on the rule of law.
Relax with your family. Celebrate your nation. Read something about our history. You can even watch the film of 1776, the Broadway musical based on that sizzling summer of 1776 in Philadelphia, when our nation was born. And reflect on what we are making of the legacy of the brave men who met and wrote the Declaration of Independence.
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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.
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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.
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(Supreme Court Justices Sotomayor and Coney speak on, “How to Disagree Agreeably,” Feb. 23, 2024, National Governor’s Association, NGA via YouTube.)
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.
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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.
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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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