151 Comments
May 27Liked by Robert B. Hubbell

The three "liberal" justices on the Court must be breaking their hearts over the disaster we are all facing. I can see them closing their doors and weeping. What is happening to us? Can a public outcry actually get rid of those justices who have no shame? Men who literally do not care about their oath of office and have no sense of decency, much less integrity? And that includes the Chief Justice. One of the country's biggest disappointments.

Expand full comment
May 27Liked by Robert B. Hubbell

When Justice Ketanji Brown Jackson was confirmed my first thought was "what a shame that for the next 10, 20 years at best she will be relegated to pen dissenting votes." That quote by Justice Sotomayor is heartbreaking.

There is but one remedy: enlarge the court.

Expand full comment

I've thought of Ketanji Brown Jackson as a brilliant pick by President Biden, and I've felt bad for her to have ended up on the Roger Taney, uh, John Roberts Court. I feel like I should write her a thank you letter for taking the position.

Expand full comment

Unfortunately, the liberal judges are for the most part remaining publicly silent as is, regrettably and frustratingly, true of Democrats in Congress.

And this is how the Christofascists remain in power. When people in a position to do something about it fail to call them out on their shit because they worry that doing so might seem impolite, so instead they become accessories and enablers to Republican crimes.

Expand full comment
May 27Liked by Robert B. Hubbell

It is not the three liberal justices who are remaining silent; rather it is the mainstream media that mostly ignores the dissent opinions the liberal justices have so carefully crafted. Only controversy and chaos earn the media the eyeballs they so desperately want on social media. The media are complicit, in my opinion, in not discussing the issues more fully, and explaining how much the majority opinions deviate from Constitutional norms.

We all need to write “dissent” opinions and share them widely.

Expand full comment

➡️ "... rather it is the mainstream media that mostly ignores the dissent opinions the liberal justices have so carefully crafted." ⬅️

Expand full comment
founding

Please read the dissents. Those justices are not remaining silent at all.

Expand full comment

Could they actually go public with their outrage?

Expand full comment

Sotomayor, as Robert pointed out, is revealing what she is going through. I imagine she might be providing a gateway for Kagan and Brown to express themselves also. Hope so!

Expand full comment

I believe her comments are the first a justice has made about the horrible situation they are in and that we all see! I love her! We have to do what we can to save the court.

Expand full comment

Have you checked the DumpAlito site? I have read it but am not too confident about following all the steps. I do plan to send that address a typed letter of complaint as instructed. As you say, we must do what we can.

Expand full comment

Of course they could. There is no rule against a Justice speaking out in public they actually have to follow.

Alito has made his views clear. Why should the liberal justices not be able to do the same?

Thomas has made his willingness, nay, *eagerness* to take bribes public knowledge. Why should a Justice forcefully pointing that out not be allowed?

Expand full comment

It's not enough. Noting their disagreements only in their dissents? How many people read those?

They need to stand up and call out the Court on it's utter corruption. This is not a time to hide behind following "decorum". Standing on the sidelines and subtly whispering "shame" instead of mounting a full-out counterattack is being a full-out accomplice to the destruction of the country.

Get on the talk shows, lobby Congress and Durbin to hold hearings, send Letters to the Editor the the major papers, etc. In short, do everything the other side is doing to promote their hateful, facists, un-America, lies.

Expand full comment
founding

Christopher, your comments are right on BUT “people in a position to do something,” just about every enabling Republican have failed their constituents and country “bigley” since the first impeachment trial with the most recent announcement by Nikki Haley becoming the most depressing.

To wit, I have personally come to think of those leaders who have remained silent in fear as well as hardcore MAGA voters, who still seem to be unwilling or unable to recognize the threat DJT and his cohorts pose, as co-conspirators willing to discard nearly 250 years of constitutional law and order at the highest levels.

Let us work to right the ship and bring back civil discourse for a healthy democracy where debate & dialogue replaces outrage, lies, and misinformation.

Expand full comment

I’m not looking to the Republicans to do anything. They all have shown themselves to be completely lacking in shame and patriotism, eagerly promoting the most heinous and anti-American policies. They are cowards and fascists and I’m surprised my “people in a position to do something” could be interpreted as referring to them as they’ve made it blatantly clear that they will do nothing.

I was meaning Democrats who could act and are wimping out.

Expand full comment
founding

Christopher, I have to respectfully disagree with you. There are many good citizens, citizens groups, and elected Democrats who are working hard to make things happen. I’d encourage you to follow up on many of the opportunities for engagement Robert Hubbell regularly provides in his posts as well as Jessica Craven Substack “Chop Wood, Carry Water.”

Expand full comment

There are indeed many good people fighting the good fight. (I follow both Hubbell and Craven's Substacks.) Didn't mean to imply otherwards.

But I maintain there remain many people in positions to do something, particularly those most advantageously positioned, who are sitting on their hands. Grass roots efforts are wonderful and can be affective. But 10,000 people sending postcards won't have as great an effect of just Dick Durbin (one person) having the Senate Judiciary Committee hold hearings.

After all, what are those "many good citizens, citizens groups, ... who are working hard to make things happen" trying to get happen? They're trying to get "people in a position to do something about it" to actually act.

Expand full comment

The Kennedys had a saying: Don’t get mad – get even. Liberals need to stop deploring and deploring and objection to no effect. It may be time to introduce legislation expanding the Extreme Court.

(For tactical reasons, maybe it should wait until after the election. Your view, Robert?)

Expand full comment

I am concerned that expanding the Supreme Court does not really address the structural issues that have led to its current imbalance. The Court needs an effective — and enforceable — code of ethics and a maximum age of service. Alternatively, the 12-year rotating terminations plan proposed by Robert Reich would work, too.

Expand full comment

Agreed. Everyone keeps saying “THE answer is to expand the Court.” But that just opens the door for the next Republican Congress to expand it again. Where does it end?

A strict, mandatory, enforceable code of ethics and term limits would be a better start.

If we were to expand it then do so by making the number of Justices tied to the number of Circuits, of which there are currently 13. Then make changing the number of Circuits difficult to avoid the “we expand then they expand so we expand further” seesaw.

Expand full comment

Thanks!! That was fast. I am in NC and it is late here for me ! Cheers!

Expand full comment

Before they were nominated to the Supreme Court, those “Justices” had been White House aides in Republican Administrations. People should think about that; the Senate should have been wary about that.

Expand full comment
May 27Liked by Robert B. Hubbell

I agree wholeheartedly with every word written here today.

I see on the link to object to Alito and Cannon continuing to judge in cases they have shown themselves unable to be impartial toward, that there will soon also be a form to object to Clarence Thomas continuing to weigh in on insurrection adjacent opinions, with the invitation to check back in the next few days.

I do hope everyone does that, too, because this sudden focus on Alito should not take the heat off Thomas, who is also deciding cases based on political belief instead of law and whose wife ("best friends") was texting with Mark Meadows in support of the insurrection. I cannot believe a flag put up by one's spouse (urgh) on a home is more indicative of one's political allegiance than text messages sent by one's spouse.

I find it heart rending to read this from Justice Sotomayor. Imagine having sought and achieved the pinnacle of your profession only to be rendered helpless to stop the destruction of your treasured institution, and it's use to destroy the system of government that protects you and your loved ones. She must feel like she's caged and forced to watch perversions, all the while being viewed as complicit to some extent. She must feel dreadfully sullied.

Expand full comment
founding
May 27Liked by Robert B. Hubbell

Read the dissents. They are strong and quite pointed, albeit respectful as they should and must be. Roberts has publicly whined about the dissenting justices questioning the legitimacy of the Court.

Expand full comment

Indeed, read the dissents. Would that they were given as much public coverage as the whacko rulings!

Expand full comment

I must have missed Roberts' whining, I'm sorry to say. It would have done my heart good.

Expand full comment

You have to be kidding: “Roberts whining about the dissenting judges questioning the legitimacy of the Court”?! Is he clueless or ashamed of not calling out (privately if necessary) the obviously politically biased judges who he oversees? It is their corruption that has brought down the approval rating of this formerly August body to historic lows.

Expand full comment

He is, sadly, not a leader. The radical conservatives are in control. We must expand the Court.

Expand full comment
founding

Can she and her sister justices do anything publicly to try to change this tide? I am not a lawyer, so I don't know (appreciate?) how this situation can be protested very well. Thanks!

Expand full comment

The only thing I know they can do is write dissent briefs for the record.

Expand full comment
founding

And that is what they are doing.

Expand full comment
founding

Thanks!

Expand full comment

Exactly, Yehawes!

Expand full comment
May 27Liked by Robert B. Hubbell

Great job to Joe on his speech at West Point. Let's hope he got through, not only to the cadets who already support him, but also to the hundreds of cadets who support the other guy.

Expand full comment
May 27·edited May 27Liked by Robert B. Hubbell

Yes, and the ‘MacArthur Society of West Point Graduates’ is listed on the ‘Project 2025 Coalition Partners list.

https://www.heritage.org/press/project-2025-reaches-100-coalition-partners-continues-grow-preparation-next-president

Here is who they are: https://macarthursociety.org/

Expand full comment

Ada, thank you for making us aware of the MacArthur Society of West Point Graduates. Their webpage is slick, yet in a cursory read it is hard to tell how many members they have. Their talking points are the standard anti-"woke," anti-diversity rant of the far-right. I've never served in the military but I note that the top leadership of the MacArthur Society, are Vietnam generation men as am I. They graduated before the USMA admitted women in 1976. Though I am sure many of their members might be of a younger generation, I would also expect and hope that most West Point graduates and indeed most members of the modern U. S. military, which constitutes one of the more diverse institutions in our society, would not agree with their opposition to the current theory and practice at the Point. They would see strength in the diversity that the MacArthur Society decries. It is also revealing that they name their society after Douglas MacArthur, who was relieved of his command during the Korean War by President Harry Truman for insubordination.

Expand full comment

Also, MacArthur’s politics were very right-wing for the times.

Expand full comment

Yep. And he had a colossal ego and a autocrat's conviction that he could do no wrong. Give me nimble and flexible and humane any time.

Expand full comment

Interesting, Patrick. I forgot that!

Expand full comment
author

Thanks for the info.

Expand full comment

Yes, Leonard Leo and his ilk cannot be ignored. Thank goodness for Sheldon Whitehouse! He has been delving into Leo for years now. He even subpoenaed him and his gave Whitehouse the proverbial finger.

Expand full comment

Note: Senator Whitehouse is up for re-election this year, and faces a tough fight.

Expand full comment

Thank you for the link and the info on the group’s association with and support of the Heritage Foundation. What a bunch of traitors!!!

Expand full comment

They’re all white men. This “project” started when we elected and then reelected Obama. See, they’re mission is to destroy our government, stop interracial relationships, keep Black and Brown people from being a part of society, lock up the disabled institutions, have girls he impregnated with their children, women be subservient to men…you get the drift.

Expand full comment

🤯

Expand full comment

Hundreds? Where is that number documented please?

Expand full comment
May 27Liked by Robert B. Hubbell

From this post, Biden "delivered a 22-minute speech and then shook hands with and saluted each of the 1,036 graduates."

From the following article,

https://www.niche.com/colleges/united-states-military-academy-at-west-point/students/

came the question,

"How would you describe the political beliefs of the campus as a whole?"

The results showed 40% stated Conservative or Very Conservative. (only 8% said Liberal or Very Liberal, 4% unsure, the remaining 48% were Balanced.)

40% of 1036 is 414 cadets.

I figured most of those 414 Conservative and maybe half the Balanced (497 cadets) were Trump supporters, but maybe I assumed too much.

Expand full comment

Thank you kindly David. Your numbers sound about right, alarmingly so !

Expand full comment

Thanks, Jim. When one considers how conservative WPA cadets are, it would be great if some or many of them side with Biden, and convince their parents and loved ones to do the same.

Expand full comment

If “48% were Balanced”, were 52% Unbalanced?

:-)

Expand full comment

48% of the GOP are regular Republicans. The rest are irregular.

Expand full comment

:-)

Expand full comment

From Robert we learn today:

“ On Saturday, President Biden delivered the commencement address at the US Military Academy, West Point. He delivered a 22-minute speech and then shook hands with and saluted each of the 1,036 graduates.” Not a word in the NYT about our President speaking to our future military leaders and physically shaking hands and saluting 1036 times with each cadet, now graduate. What a physical feat for anyone having travelled and given a 22 minute speech. But instead two full pages on Trump in the Times. About him in the 89s, on trial, and speaking before the Libertarians. 16 full columns about Trump. Is it a wonder that the polls don’t reflect any regard for Biden. The NYT judges that a rapist, liar, fraud and thief deserves more attention than its President. It has the right to judge that way but we also have the right to judge the NYT. They deserve to be put out of business. It is nothing but a money seeking rag. They print none of the news that’s fit to print but only the money news.

Expand full comment
May 27Liked by Robert B. Hubbell

Yesterday NPR talked about tffg's speech to the libertarians, and DID NOT MENTION THAT HE GOT BOOED!! I was shocked. I mean, it's NPR I'm talking about.

Expand full comment

Thanks for that effort. I would not have known. The NYT is really coming into full view for me thanks to Robert Hubbell and people like you.

Expand full comment

If I didn’t read Robert and other Substack writers, and I didn’t listen to non-MSM, I wouldn’t know anything about state, national and world news.

Expand full comment

Having officiated at over 20 college commencements, shaking the hands of graduating seniors in classes a third the size of West Point's, I can attest that that is an exhilarating but exhausting activity, and I was 8 years younger than Joe Biden when I did the last of those. Heck, just sitting through a long and happy graduation ceremony in the sun can tire one out.

I am sick of hearing of the energy and stamina of Donald Trump, when it would be unimaginable that Trump would accomplish such a feat, when he can't stay awake in his own trial.

On the NYT, I share the dismay at the lopsided coverage, but I think we have to look for a motive in their biased coverage beyond the mere dollars. I can't imagine that some of the die-hard Trumpists even read the NYT. My one Trump-supporting friend hated the NYT long before Donald Trump appeared on the scene and never read it. And just demographically, there are as many Democrats in the world and certainly in NYC as there are Republicans. I think the NYT's looking the other way has more complex motivations. I think it is a jumble of Sulzberger's personal pique and dislike of Biden (much discussed in recent Today's Edition), the latent conservativism on NYT editorial staff, their privileging of knowing elites thus giving them something that will keep them interested -- either fear or delight, a superior elitism that revels in showing how much smarter they are than any mere politicians and it is easy to show how much smarter you are than Trump and his supporters. All of the above and more. But mere money grubbing may be the least of it. That's why argument and engagement may be as effecive as cancelling the subscription.

Expand full comment

George - Likewise for Biden’s speech in Uvalde on the anniversary of the murdered children at their school. My newsfeeds were full of stories about Trump’s rally in the Bronx. I saw two about Biden’s speech. I don’t read the NYT but it does not surprise me. And btw Biden returned to show compassion for the families of these children but the voters in 2022 re-elected two law enforcement agents who were cited in a scathing Justice Department criticizing their response to the shooting. And Uvalde county overwhelmingly voted for Abbott and Republicans opposed to any type of gun control.

Expand full comment

Terrifying.

Expand full comment

George Santangelo, may I use your words as part of my unsubscribe email to NYT, please? Writing postcards and unsubscribing (finally) to NYT are my acts of Honor this Memorial Day.

Expand full comment
founding

thanks, George. Count me among the disgusted unsubscribed.

Expand full comment
May 27Liked by Robert B. Hubbell

Only recently did I learn Memorial Day started thanks to formerly enslaved people giving a proper burial for Union soldiers who gave their lives to preserve the Republic and ultimately end slavery. That gives so much meaning to me as a uniquely American remembrance.

Expand full comment

Wow!!! More history I never learned…Thank you🙏🏽

Expand full comment
May 27Liked by Robert B. Hubbell

I am working on a new film about Marine veteran volunteers who perform Memorial Honor Guard services for funerals at Riverside National Cemetery in California. Meeting these men and women has given me an eye-opening appreciation of the rigor and integrity of military veterans. I am personally especially concerned with honoring Vietnam combat vets who got such a raw homecoming in those divisive years. After weeks of interviews, today we are filming their Memorial Day Ceremony with the respect and compassion the reality of this somber day merits. No matter what we thought of the wars of the last fifty years, those who serve have done so selflessly. Attention should be paid.

Expand full comment

My family watched the Memorial Day concert last night. I was so moved by the stories and the songs, while thinking, "WHY do we have to keep fighting wars??" Well, of course we had to defeat Hitler, etc., but it just feels like so many wars are down to men (mostly) having to strut their stuff instead of negotiating ..... I don't know. Just feeling really frustrated at the heart-breaking loss of life. The concert really drove it home.

Expand full comment

Madeline Albright and Hillary Clinton have both been what we used to call Hawks, urging military action in other countries. Often women in leadership are required to do this to show that they are “strong enough“

Expand full comment

Yup. It sucks. (Please excuse my language.)

Expand full comment

Thank you sir, or madam!

Expand full comment

There was a great book called spitting image that took on the idea that the veterans were not treated with respect when they return from Vietnam. A sociologist researched this myth and debunked it.

Expand full comment

To clarify, none of the people I interviewed said they were spat upon. I never saw that happen, but I know I had little to no empathy for what they'd been through. I just didn't understand.

Expand full comment

OK, I'm glad anti-war activists such as myself didn't spit on veterans. Nevertheless, they faced a tough road when they returned with little support and many unhappy after effects of their service that few people understood, and fewer still knew how to treat.

Expand full comment

Agree. It was and continues to be heartbreaking.

Expand full comment
May 27Liked by Robert B. Hubbell

Per Simon Rosenberg, I’d rather be us than them. I’m a former US Navy boilerman. Gaining steam is what is happening indeed Robert. It’s what we called superheated steam. Full speed ahead Captains Biden and Harris.

Expand full comment

Thank you for taking your holiday time, Robert, to write a Today's Edition Newsletter. The best I can say is we are better off knowing the challenges that face us so we can work to correct them, rather than being blindsided by those challenges after it's too late. This is where you come in, Robert! Thanks, again.

Expand full comment
founding
May 27Liked by Robert B. Hubbell

A comment I posted yesterday on HCR’s blog:

My uncle, about 21 at the time, was training others to be pilots when his plane crashed on a training mission, early in World War II. His name is among the thousands listed in the book at the WW II memorial in Washington, DC, but his future legacy was sacrificed so that others of us would have a future, free from authoritarian domination.

Expand full comment

Thank you for honoring him

Expand full comment
founding
May 27Liked by Robert B. Hubbell

Once again, it appears SCOTUS will clarify our mission right before the election. Stupid is as stupid does, as my dear Mom used to say. We'll take their excruciating "gifts" and show them who's boss -- We The People Voters 💙

Expand full comment

“ One of his few instances of applause came when Trump promised to pardon notorious criminal and political libertarian Ross Ulbricht, who created an underground website that allowed users to anonymously buy and sell narcotics, child pornography, assassination contracts, money laundering services, computer hacking services, stolen credit card numbers, and illegal weapons of every type.”

Kinda makes you feel all warm, fuzzy and, well, libertarian…doesn’t it?

Expand full comment

And to his followers, he's promised to free the jailed j/6 insurrectionists. What a guy.

Expand full comment
May 27Liked by Robert B. Hubbell

Robert,

The folks doing the complaint effort against Alito and Cannon had some bugs in their downloads of the documents. They sent them in MS Word, which only subscribers can save, download, print.

They have a PDF workaround now, at least for Alito. I have offered to support their efforts in several ways; I encourage others to do so as well.

Expand full comment

Here is Aiden's website again. I think he made edits to it from when I downloaded mine. He includes separate forms for Cannon and Alito. Once in the site, scroll down to the end where you can contact him if you're having problems:

https://www.dumpalito.com/?utm_source=substack&utm_medium=email

Expand full comment

I have opened it successfully, filled out the forms regarding Alito, & printed them, both for my Mom & me (husband isn't a citizen yet.) I haven't done the Cannon one yet, but just wanted to let people know that the problem isn't universal. Also, thanks so much for the link! I will post it to FB, and Mom will send to her friends.

Expand full comment

Thanks, David. I could download it, but I couldn't open it. I'm a subscriber. I have a pixel 6a... could that be the problem? I might try sending to someone with an iPhone 🤔.

Expand full comment
founding

Thanks for providing clarity and perspective on the situation with the Supreme Court.

We must enlarge the Court.

First, we must do the necessary work to reelect Biden, maintain the House and win the Senate. We must. We will.

Expand full comment
May 27·edited May 27Liked by Robert B. Hubbell

It's extra-ordinary how Alito, Thomas, and Roberts have sullied our highest court. Gorsuch, Kavanaugh, and Barrett are hard right religious fanatics in the mold of the Federlist Society but don't (yet) appear as provably inappropriate as the first three. Expanding the court is one work-around. But finding a stronger Chief Justice seems imperative.

Expand full comment
founding

Just give them time. Oh, yeah, I forgot -- they have plenty. A lifetime.

Expand full comment

It’s long been my understanding that the Chief Justice has no power over the other Supreme Court Justices. The Chief Justice is primarily supposed to be “chief” in that s/he is supposed to be the intellectual and moral leader.

I can’t think of a Chief Justice since Earl Warren who possessed those qualities.

Expand full comment

I'd like to think he could lead by example. And that he could also honcho through a real code of ethics. A code that would prohibit taking money from people with interests before the court or would treat an insurrection as an insurrection.

Expand full comment
May 27Liked by Robert B. Hubbell

Historian Ken Burns also delivered eloquent, pointed words during his commencement address on Sunday, May 19, at Brandeis University in Massachusetts. In it, he exhibited the passion and courage to speak out on the clear implications of another term in office by the putative Republican candidate for President of the United States. One must speak out in the face of tyranny targeting our fragile democracy.

Here is a link to the video segment of that address as shared in a recent tweet from Andrew Weissmann:

https://x.com/AWeissmann_/status/1794544485592174957?fbclid=IwZXh0bgNhZW0CMTEAAR2bAHdY36uWQTdbMWFhu92O0-Nr-6SjRBRpxAhmLfyjyhD7simd9UcTtNQ_aem_ATxRSqx0czv_ZhI6-OBAcXzN1GPz7nY5YXxf5iWXfQjjzrzVydXGOpkR6aHoWyIUmDVFoXsk598x_W2LKShd2wFr

Expand full comment

Thank you. Burns is an amazing guy, and so eloquent!

Expand full comment

Wow. Thank you!

Expand full comment
May 27Liked by Robert B. Hubbell

I have been writing Dick Durbin daily because he is my elected Representative. I have said he need to open impeachment investigations into both Alito and Thomas, although if we are looking at wives, Robert's wife is cleaning up on his name, and that means he is gaining too. They are all dirty as the day is long. Who else might have dirt on them or other means to pressure them we don't know, but that might why expecting them to recuse themselves is not going to happen. Which is why Durbin should get involved. Here is Prof. Ruth Ben-Ghiat, expert on fascism and Jennifer Rubin from WaPo discussing what Durbin should be doing in a larger discussion on MSNBC's Velshi about the goings in in the court. Prof. Ben-Ghiat has an article posted here too. https://www.msnbc.com/opinion/msnbc-opinion/trump-authoritarianism-american-denial-2024-rcna153962

Expand full comment