Thank you for the link to Liz Cheney's closing speech. Her vow of fidelity to our country and constitution should be the minimum we expect from all candidates and all those elected to all positions in all levels of government. Instead, she is now the rare exception among Congressional Republicans. A tragedy for our country. But she's showing what is possible. Now it's up to us voters.
Please note what yesterday's WSJ's Morning Report said: "Supreme Court terms don't get much better than the one that ended on Thursday. The Court enhanced First and Second Amendment rights, put abortion policy back in the hands of the electorate, and ended with an important ruling reining in the administrative state. In West Virginia v. EPA, Chief Justice John Roberts wrote for the 6-3 majority that the Environmental Protection Agency had no authority to use an obscure rule to essentially restructure the country’s electricity grid. The “major questions” doctrine the Court employed is significant for the separation of powers, and the ruling helps restore a proper Constitutional balance in government, explains the editorial board." How frightening! Them's fighting words!
Rupert can always be counted on for “fighting words.” Fighting against anything decent in this country. Local letter to the editor echos his crap. We are living in Rupert’s world, just like Germany lived in Goebbel’s world
OK, I like your first action to limit the Court's appellate jurisdiction. Now, what exactly do we do to make it happen. Letters to our Members of Congress? Write to the justices directly -- especially the sane ones. Write to the White House for President Biden's endorsement of this. Thanks for the call to action!
A friendly call to your MOC never hurts either. Here's the capitol switchboard, just ask for your Senator's office and your Congress Member's office. You may have to make three phone calls in the end. Easy to just look up your MOC's office numbers on google as well. Not sure if the switchboard is open on the 4th, but tomorrow will do. (202) 224-3121
And for those of us who live in states where our Congress Members are untrustworthy and possibly involved in the J6 insurrection, go directly to Speaker Pelosi and Leader Schumer.
When I tweeted this, I tagged Pelosi, Schumer and Warren with a note to PLEASE READ. I am assuming that with Congressional Approval needed, the WH need not be involved, but then I don't know how things work!
With regard to your proposal on limiting the appellate jurisdiction of the Supreme Court I suggest only that it also should require the specification of a penalty for violations. We have seen repeated instances where an absence of penalties has effectively encouraged rather than prevented violations of ethical standards by politicians. I expect no less of SCOTUS Justices. I suggest the inclusion of language in the suggested statute that any decisions by the Court where a Justice participating in the decision has a provable conflict of interest as defined by the statute be automatically vacated.
Well done, Bruce. Because my mind immediately was wrapped around justifications for a Senate rule change to get to an up or down majority vote, I didn’t even consider enforcement until I read your comment.
Thank you so much for your well reasoned and very compassionate newsletter today. In a time when people are consistently reactive in this country, you, along with Heather Cox Richardson, provide context, history, and a way forward. As a cultural historian and psychologist, I am grateful for the information and, quite frankly, the emotional grounding you provide. Although I have just retired, I will continue to share your newsletter with all those in my circle who are helped by your words. You are making a difference in the world and I hope you know that.
I wish I didn't, but I fear. Just today there was another mass shooting by a 20-something-year-old white guy with an assault rifle, who killed six and sent 26 to the hospital, critically injured. A doctor I saw interviewed, who had been on the scene, said the bodies had been "eviscerated." So much evil has been done to our country in the last five years. I try to stay hopeful, and then there's yet another mass shooting and and and.
Actually, that is Stacey Abrams and Brian Kemp. Abbott is the incumbent Governor of Texas where he is running against Beto O'Rourke. At the present time, while the polling margins have tightened in the last month, Abbott leads O'Rourke by between 5 to 8 points depending upon the poll. We are working hard to help Beto close that margin.
How will the word of the SCOTUS members re their "conflict of interest" be examined to confirm that indeed, there is no conflict of interest? We have seen the outcome of "taking them for their word."
Jul 4, 2022·edited Jul 4, 2022Liked by Robert B. Hubbell
We will never get to a 2/3 vote in Senate for an impeachment conviction. My suggestion shown in my comment is to require any decision in which a Justice with a provable conflict of interest according to the definitions within the statute participates to be automatically vacated.
An impeachment of the Justice potentially punished the Justice but does not correct the improper decision. Vacating the decision does resolve that issue and the Justice can still be subject to impeachment if the ethics violation is sufficiently severe. Impeachment does not necessarily result in conviction and removal as we are now well aware.
While I agree that the performative cruelty of the R party is contributing to its demise, that cruelty will hurt and kill people along the way before it can be undone. Inertia in politics is DANGEROUS!
Jenn, I agree with you completely. That is why it is incumbent upon those who love and support women and LGBTQ people to go out of their way during this difficult time to manifest that support
“This is self-destructive behavior by a party in a death spiral.” Thank you Robert!
I have been maintaining this for a long time. I believe that there are millions of Americans who couldn't possibly become Democrats but who are disgusted and appalled by the behavior of TFG, his acolytes and imitators.
The "big lie" is being obliterated. TFG will be charged with obstructing an election in Georgia and wire fraud on a Federal level. Georgians are backing the politicians who stood up for a fair election. Millions who gave him money for a defense fund that didn't exist will feel betrayed.
I believe there will be a momentum towards a new political party of Conservatives who believe in the rule of law, democracy and working across the aisle to legislate.
I believe that Liz Cheney, regardless of the results of her election - primary or general election - will be a beacon for this movement. Call it the "New Republicans" or the "Real Conservatives". She has "star power" now and she has a mission. She can gain public attention in a flash and she will be able to raise money.
Remember the Whigs? The "Know Nothings"? The "Bull Moose party"? The original Republican Party came out of nowhere but it rose to the moment. It met the needs of a movement.
I could be wrong. It happens all the time. But it felt great writing this. Happy Independence Day!
Bill, I hope you are right about the emergence of a new, loyal opposition party that serves as an alternative to today's MAGA Republican Party. That would be a very healthy development for our democracy on many levels.
You wrote: "Millions who gave him money for a defense fund that didn't exist will feel betrayed."
Last night and friend and I were discussing the many millions TFG has raised thus far for his "defense fund" while teasing that he would run again in 2024 and how it compares to the Jim and Tammy Faye Bakker saga, in which millions and millions were raised for various fraudulent enterprises. It appears that gullible and perhaps, not too bright, individuals will continue to give away what little they have to support snake oil salesmen and con artists and either they never fully understand what they have done, or they are too ashamed to admit to themselves that they have been conned. Or maybe, they have become so drunk on the kool-aid, they prefer it over truth. In any case, I don't have much hope that these millions of betrayed suckers will ever stop shelling out their pennies for yet another lost cause.
Jul 4, 2022·edited Jul 4, 2022Liked by Robert B. Hubbell
Support for Robert’s modest proposal:
Whereas, under the Constitution, the Supreme Court only is able to decide most cases because of jurisdiction that Congress has admissibly legislated, I would submit, in light of the tools at Congress’s disposal, that Robert’s High Court ethics reform proposal, indeed, is exceedingly modest. Therefore, I suggest the President exert unprecedented pressure, if necessary, to convince the 50 Democratic Senators to modify their filibuster rule to get to an up or down majority vote on Robert’s handful of unobtrusive ethical exemptions/regulations. Albeit modest, not only do Robert’s provisions afford some protection against the High Court’s hostility to democracy, but they also greatly would help to galvanize the base that sorely needs to see meaningful action from Democrats. As a final point, I imagine it need not be said that if the Senate signs off the House would follow.
Jeri, Setting aside my comment’s subject matter, here are my general thoughts regarding Manchin. West Virginians, for some time, have prioritized jobs, healthcare, childcare., housing, and tax reform as central to their well-being. Moreover, workers affiliated with the United Coal Miners Union are itching for the training to help them make the transition from the fossil fuel industry to clean energy jobs. Were I advising Schumer, I would urge him repeatedly to hold public floor votes on all these issues, each of which is part of the budget reconciliation package (BBB). In a word, Manchin needs to be held accountable for repeatedly blocking legislation his constituents say they need.
Your proposal for regulating Supreme Court justices' behavior is simple, clear, elegant, appropriate and necessary. I am going to forward your post to my representative and two senators and ask them to report back to me with their response.
Liz Cheney has potent verbal & legal skills honed in International Law at White & Case. Ms. Cheney would not accept membership in the punditry class. New chapters ahead.
I was awake last night wondering if Cheney and Hutchinson, who I do consider heroes, would also be in agreement with the court on abortion, EPA, right to kneel in prayer, etc. They might be. I suffered a little cognitive dissonance around that just before sleep.
Neither of these very strong women are static. Cassidy Hutchindon is only 13 years older than my 12 year Granddaughter. Cheney & Hutchinson both have exceptional administrative skills. Some folks thrive under severe stress. Hundreds of new issues ahead.
Jul 4, 2022·edited Jul 4, 2022Liked by Robert B. Hubbell
Makes sense to me Robert. (a) "Conflict of Interest" ( COI) would have to be fleshed out, perhaps using the ABA Model Rules. (b) Given the powerful impact on appellate jurisdiction, the "affidavit" form would need a push from the SCOTUS Bar. I will send it to Neal Katyal. LIz Cheney: "Truth Matters".
Jul 4, 2022·edited Jul 4, 2022Liked by Robert B. Hubbell
I will send it to my Senator, Schumer, even though he appears to be missing in action or gravely ill. Perhaps he has retired without telling anyone! Wake up Chuck.
I agree that Robert’s excellent proposal should contain certain punishment, in addition to impeachment. Since we can’t simply hang them, perhaps tar and feathers would provide sufficient inducement. It certainly is appropriate given the mind set of this Court.
Thank you for the link to Liz Cheney's closing speech. Her vow of fidelity to our country and constitution should be the minimum we expect from all candidates and all those elected to all positions in all levels of government. Instead, she is now the rare exception among Congressional Republicans. A tragedy for our country. But she's showing what is possible. Now it's up to us voters.
Please note what yesterday's WSJ's Morning Report said: "Supreme Court terms don't get much better than the one that ended on Thursday. The Court enhanced First and Second Amendment rights, put abortion policy back in the hands of the electorate, and ended with an important ruling reining in the administrative state. In West Virginia v. EPA, Chief Justice John Roberts wrote for the 6-3 majority that the Environmental Protection Agency had no authority to use an obscure rule to essentially restructure the country’s electricity grid. The “major questions” doctrine the Court employed is significant for the separation of powers, and the ruling helps restore a proper Constitutional balance in government, explains the editorial board." How frightening! Them's fighting words!
Rupert can always be counted on for “fighting words.” Fighting against anything decent in this country. Local letter to the editor echos his crap. We are living in Rupert’s world, just like Germany lived in Goebbel’s world
OK, I like your first action to limit the Court's appellate jurisdiction. Now, what exactly do we do to make it happen. Letters to our Members of Congress? Write to the justices directly -- especially the sane ones. Write to the White House for President Biden's endorsement of this. Thanks for the call to action!
Tell friends and neighbors, post on social media. Someone will notice!
A friendly call to your MOC never hurts either. Here's the capitol switchboard, just ask for your Senator's office and your Congress Member's office. You may have to make three phone calls in the end. Easy to just look up your MOC's office numbers on google as well. Not sure if the switchboard is open on the 4th, but tomorrow will do. (202) 224-3121
And for those of us who live in states where our Congress Members are untrustworthy and possibly involved in the J6 insurrection, go directly to Speaker Pelosi and Leader Schumer.
When I tweeted this, I tagged Pelosi, Schumer and Warren with a note to PLEASE READ. I am assuming that with Congressional Approval needed, the WH need not be involved, but then I don't know how things work!
"Now, what exactly do we do to make it happen"
Walk the neighborhood, with the voter list of indie voters. Again, and again, and again, and ...
Make phone calls, for the Fetterman campaign, or any other. Again, and again, again, and ...
Simple.
With regard to your proposal on limiting the appellate jurisdiction of the Supreme Court I suggest only that it also should require the specification of a penalty for violations. We have seen repeated instances where an absence of penalties has effectively encouraged rather than prevented violations of ethical standards by politicians. I expect no less of SCOTUS Justices. I suggest the inclusion of language in the suggested statute that any decisions by the Court where a Justice participating in the decision has a provable conflict of interest as defined by the statute be automatically vacated.
Well done, Bruce. Because my mind immediately was wrapped around justifications for a Senate rule change to get to an up or down majority vote, I didn’t even consider enforcement until I read your comment.
Thank you so much for your well reasoned and very compassionate newsletter today. In a time when people are consistently reactive in this country, you, along with Heather Cox Richardson, provide context, history, and a way forward. As a cultural historian and psychologist, I am grateful for the information and, quite frankly, the emotional grounding you provide. Although I have just retired, I will continue to share your newsletter with all those in my circle who are helped by your words. You are making a difference in the world and I hope you know that.
Yes! real time historical & situational context. Very valuable.
Happy 4th of July, everybody...may it not be our last!
It won't be! Do not fear!
I wish I didn't, but I fear. Just today there was another mass shooting by a 20-something-year-old white guy with an assault rifle, who killed six and sent 26 to the hospital, critically injured. A doctor I saw interviewed, who had been on the scene, said the bodies had been "eviscerated." So much evil has been done to our country in the last five years. I try to stay hopeful, and then there's yet another mass shooting and and and.
I fear the many young voters, especially black and brown, who don’t feel voting matters. It is increasing. Must address this.
'The Hill' has Stacey Abrams tied with Kemp based on a Quinnipiac Poll 48 percent each.
Actually, that is Stacey Abrams and Brian Kemp. Abbott is the incumbent Governor of Texas where he is running against Beto O'Rourke. At the present time, while the polling margins have tightened in the last month, Abbott leads O'Rourke by between 5 to 8 points depending upon the poll. We are working hard to help Beto close that margin.
Thank you! Corrected. I was checking on Beto O'Rourke who is now running about 8 percent behind in Texas
If this voting is going to work, we need to pay close attention to which candidates are running against each other.
How will the word of the SCOTUS members re their "conflict of interest" be examined to confirm that indeed, there is no conflict of interest? We have seen the outcome of "taking them for their word."
If they lie, we impeach them.
We will never get to a 2/3 vote in Senate for an impeachment conviction. My suggestion shown in my comment is to require any decision in which a Justice with a provable conflict of interest according to the definitions within the statute participates to be automatically vacated.
An impeachment of the Justice potentially punished the Justice but does not correct the improper decision. Vacating the decision does resolve that issue and the Justice can still be subject to impeachment if the ethics violation is sufficiently severe. Impeachment does not necessarily result in conviction and removal as we are now well aware.
I have tried to "like" your comment, but my computer won't let me. Odd.
Happens when something is “liked” a lot, may take longer, so it seems
Does this include the three who, in confirmation hearing, called Roe settled law?
Wish it were that easy, with so many brain-washed or have $$$ in their eyes
While I agree that the performative cruelty of the R party is contributing to its demise, that cruelty will hurt and kill people along the way before it can be undone. Inertia in politics is DANGEROUS!
Jenn, I agree with you completely. That is why it is incumbent upon those who love and support women and LGBTQ people to go out of their way during this difficult time to manifest that support
“This is self-destructive behavior by a party in a death spiral.” Thank you Robert!
I have been maintaining this for a long time. I believe that there are millions of Americans who couldn't possibly become Democrats but who are disgusted and appalled by the behavior of TFG, his acolytes and imitators.
The "big lie" is being obliterated. TFG will be charged with obstructing an election in Georgia and wire fraud on a Federal level. Georgians are backing the politicians who stood up for a fair election. Millions who gave him money for a defense fund that didn't exist will feel betrayed.
I believe there will be a momentum towards a new political party of Conservatives who believe in the rule of law, democracy and working across the aisle to legislate.
I believe that Liz Cheney, regardless of the results of her election - primary or general election - will be a beacon for this movement. Call it the "New Republicans" or the "Real Conservatives". She has "star power" now and she has a mission. She can gain public attention in a flash and she will be able to raise money.
Remember the Whigs? The "Know Nothings"? The "Bull Moose party"? The original Republican Party came out of nowhere but it rose to the moment. It met the needs of a movement.
I could be wrong. It happens all the time. But it felt great writing this. Happy Independence Day!
Bill, I hope you are right about the emergence of a new, loyal opposition party that serves as an alternative to today's MAGA Republican Party. That would be a very healthy development for our democracy on many levels.
You wrote: "Millions who gave him money for a defense fund that didn't exist will feel betrayed."
Last night and friend and I were discussing the many millions TFG has raised thus far for his "defense fund" while teasing that he would run again in 2024 and how it compares to the Jim and Tammy Faye Bakker saga, in which millions and millions were raised for various fraudulent enterprises. It appears that gullible and perhaps, not too bright, individuals will continue to give away what little they have to support snake oil salesmen and con artists and either they never fully understand what they have done, or they are too ashamed to admit to themselves that they have been conned. Or maybe, they have become so drunk on the kool-aid, they prefer it over truth. In any case, I don't have much hope that these millions of betrayed suckers will ever stop shelling out their pennies for yet another lost cause.
Exactly, why scams work
We dream
Support for Robert’s modest proposal:
Whereas, under the Constitution, the Supreme Court only is able to decide most cases because of jurisdiction that Congress has admissibly legislated, I would submit, in light of the tools at Congress’s disposal, that Robert’s High Court ethics reform proposal, indeed, is exceedingly modest. Therefore, I suggest the President exert unprecedented pressure, if necessary, to convince the 50 Democratic Senators to modify their filibuster rule to get to an up or down majority vote on Robert’s handful of unobtrusive ethical exemptions/regulations. Albeit modest, not only do Robert’s provisions afford some protection against the High Court’s hostility to democracy, but they also greatly would help to galvanize the base that sorely needs to see meaningful action from Democrats. As a final point, I imagine it need not be said that if the Senate signs off the House would follow.
But Manchin gets more cemented in his position with pressure. He ain’t moving.
Jeri, Setting aside my comment’s subject matter, here are my general thoughts regarding Manchin. West Virginians, for some time, have prioritized jobs, healthcare, childcare., housing, and tax reform as central to their well-being. Moreover, workers affiliated with the United Coal Miners Union are itching for the training to help them make the transition from the fossil fuel industry to clean energy jobs. Were I advising Schumer, I would urge him repeatedly to hold public floor votes on all these issues, each of which is part of the budget reconciliation package (BBB). In a word, Manchin needs to be held accountable for repeatedly blocking legislation his constituents say they need.
Your proposal for regulating Supreme Court justices' behavior is simple, clear, elegant, appropriate and necessary. I am going to forward your post to my representative and two senators and ask them to report back to me with their response.
Appreciate the link to Liz Cheney's closing remarks on Independence day.
She epitomizes integrity, honesty and "chutzpah," at a time it's sorely needed.
We are eternally grateful for your consistent and compassionate eloquence. We will survive.
And if not, there's always Italy. I hear they have great retirement visas, lol
Very discouraging to think Cheney might lose. It leaves me feeling hopeless even while I disagree with her on many normal policy issues.
LIz Cheney will land on her feet regardless. More to come next week. I have no problem saying it -- real time profile in political courage.
I'm sure she will become a media pundit at the very least.
Liz Cheney has potent verbal & legal skills honed in International Law at White & Case. Ms. Cheney would not accept membership in the punditry class. New chapters ahead.
I was awake last night wondering if Cheney and Hutchinson, who I do consider heroes, would also be in agreement with the court on abortion, EPA, right to kneel in prayer, etc. They might be. I suffered a little cognitive dissonance around that just before sleep.
Neither of these very strong women are static. Cassidy Hutchindon is only 13 years older than my 12 year Granddaughter. Cheney & Hutchinson both have exceptional administrative skills. Some folks thrive under severe stress. Hundreds of new issues ahead.
They would
Makes sense to me Robert. (a) "Conflict of Interest" ( COI) would have to be fleshed out, perhaps using the ABA Model Rules. (b) Given the powerful impact on appellate jurisdiction, the "affidavit" form would need a push from the SCOTUS Bar. I will send it to Neal Katyal. LIz Cheney: "Truth Matters".
I will send it to my Senator, Schumer, even though he appears to be missing in action or gravely ill. Perhaps he has retired without telling anyone! Wake up Chuck.
I agree that Robert’s excellent proposal should contain certain punishment, in addition to impeachment. Since we can’t simply hang them, perhaps tar and feathers would provide sufficient inducement. It certainly is appropriate given the mind set of this Court.