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Archive of Articles in the "The Supreme Court" Category

Friday Talking Points [492] -- Super Callous Fragile Ego Trump You Are Atrocious

[ Posted Friday, July 13th, 2018 – 17:57 PDT ]

We certainly can't claim authorship for that rather brilliant title. It was seen on a protest sign in the midst of the 100,000 people who marched in London in opposition to President Donald Trump's visit to Britain. Accompanying the march was a giant "Trump Baby" blimp floating in the breeze, which depicted Trump in diapers with a cell phone in his tiny, tiny hand. The wranglers of the blimp all wore outfits with "Trump Babysitter" written on them, for extra emphasis. Where is Mary Poppins, when you need her the most?

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Democrats Should Be Prepared To Lose This Nomination Battle

[ Posted Wednesday, July 11th, 2018 – 16:26 PDT ]

I normally prefer optimism over pessimism when writing about politics, and I always try to steer completely clear of downright defeatism. I think my work over the years would prove this to be generally true. At the same time, I always strive to be realistic, which leads me to the sad conclusion that Democrats are almost sure to lose the upcoming battle over Donald Trump's most-recent Supreme Court nomination. Democratic politicians and their supporters should be mentally prepared for this outcome, because it is far and away the most likely to occur. Sorry to be the bearer of bad news, but this is probably going to be a fight Democrats are going to wage unsuccessfully on the Senate floor.

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Friday Talking Points [491] -- FART Act, Pruitt Out

[ Posted Friday, July 6th, 2018 – 16:55 PDT ]

We are (of course) not drawing any onomatopoetic comparisons to Scott Pruitt's last name with that title -- perish the thought! -- because it is merely a reference to two political stories which bookended this week. That's all. Ahem.
We begin with a little history. Benjamin Franklin was a funny guy, and was [...]

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Friday Talking Points [490] -- Full Court Press

[ Posted Friday, June 29th, 2018 – 17:04 PDT ]

Liberals had a very bad week at the Supreme Court last week. There's no denying it. Almost all of the final decisions of the year went against them, and that was before the news of Justice Anthony Kennedy's impending retirement hit Washington like a bombshell. Fears that President Donald Trump will pick an ultra-conservative to replace him mean that bedrock decisions such as Roe v. Wade are now hanging in the balance. Democrats are vowing to fight hard against the next justice's confirmation, but this is quite likely a fight they are going to lose.

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Progressives Have A Good Primary Night

[ Posted Wednesday, June 27th, 2018 – 16:31 PDT ]

I realize there is bigger news from the Supreme Court today, but since I wrote about them yesterday I'm not going to address Anthony Kennedy's retirement yet. Instead, I'd like to focus today on the latest round of primary election results, specifically from New York, Maryland, and Colorado. Because some big news was made within the Democratic Party last night.

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Democrats Need To Campaign More On Judicial Picks

[ Posted Tuesday, June 26th, 2018 – 17:21 PDT ]

Gerald R. Ford once famously pointed out that the practical definition of what constituted grounds for impeaching a president (since it is only vaguely defined in the Constitution itself) consisted of whatever a majority of the House of Representatives decided were valid grounds for impeachment (Ford, on the House floor, before he became Nixon's vice president: "The only honest answer is that an impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history"). Likewise, it almost appears self-evident that defining what is constitutional and what is not can be similarly reduced to whatever a majority of the Supreme Court decides is constitutional, at the present time. Dred Scott was constitutional -- right up until it wasn't -- because a Supreme Court had determined it was. It took a shift of opinion on the highest court to reverse this. Again, this should all be pretty obvious to even the most causal observer of American history. Which is why, in fact, the conservative movement has focused so intently on the judicial branch for the past three decades and more. This began at the height of the anti-abortion movement during Ronald Reagan's time in office, and it continues today on the right side of the spectrum. But for some unfathomable reason, liberals have never matched this level of political fervor about judicial appointments. But now the stakes are higher than ever.

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"Zero Tolerance" Legal And Political Fallout Will Continue

[ Posted Monday, June 25th, 2018 – 17:15 PDT ]

President Trump probably thought that a decisive move from him would end all the fuss over his "zero tolerance" policy on immigration. He signed an executive order, therefore the problem would thus go away. But this isn't how things work in the real world, where the fallout is going to continue for the foreseeable future. There will be two major arenas where this is going to play out: in the courtroom, and on the political stage.

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Friday Talking Points [489] -- Ranting About Trump's Cruelty

[ Posted Friday, June 22nd, 2018 – 18:20 PDT ]

For a change, we're not going to have much to say in this introduction. The reason is that the talking points section is taken up by a lengthy rant this week, because it seemed timely to offer one up. It is a rare week of the Trump presidency where there is really only one overriding issue in the political world to comment on, but this was indeed that kind of week.

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Friday Talking Points [488] -- Suffer The Little Children

[ Posted Friday, June 15th, 2018 – 18:20 PDT ]

Fox News unwittingly (how else?) spoke a deep truth this week. Or perhaps a deep fantasy -- it's tough to tell, coming from Fox anchors. As President Trump descended the stairs from Air Force One in Singapore, Fox And Friends gushed: "This is history. Regardless of what happens in that meeting between the two dictators, what we are seeing right now -- this is history." Um... how many dictators was that, again? The host later tried to walk back her unintentional gaffe, but is it really all that far off the mark?

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Trump's Legal Woes Multiply

[ Posted Thursday, June 14th, 2018 – 18:00 PDT ]

President Donald Trump and the media he loves to hate are both consumed today with interpreting the Justice Department Inspector General's report on how the F.B.I. handled the investigation into Hillary Clinton's emails during the 2016 presidential election. I am personally going to avoid this particular fray for now and let the report percolate a bit before commenting upon it, mostly because there is so much other breaking legal news surrounding Trump that I feel is far more relevant and interesting. Long story short, the I.G. report condemns James Comey's public handling of the investigation, and ironically slams Comey for using a private email account to conduct official government business -- the very thing Clinton was being investigated for. What the I.G. report does not do is change either the outcome or the conclusions of the investigation one bit -- in other words, Clinton is the one most vindicated by the report, not Trump. But again, everyone (and their brother) is already chiming in on this discussion, so I'm largely going to take a pass and just sit back and listen to the debate rage.

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