876 Comments

At the darkest hours, our forebears did not give up, but kept pushing. Black people in this country have not given up struggling for equal rights against all odds, neither have women, and many other marginalized groups. We didn't give up fighting the Nazis in WWII. The Brits during the Blitz. This is one of those times. I am angry, sad, terrified and outraged. And I am going to use all of those feelings to work even harder to elect Joe Biden and Democrats up and down the ticket.

Expand full comment

Thank you. It always helps to remind myself of the horrors Black Americans faced (and face) at moments like this. Thank you.

Expand full comment

and American women as well. Took us until 1920 to be able to vote!!

Expand full comment

I made a comment earlier this week that called upon the energy of the Women’s Rights movement, the Suffrage movement, the work done to effect Roe v. Wade, voting rights, Black Lives Matter and others to be coalesced to fight these acts against Democracy, no matter how big or small. Any action threatening our rights as Americans and human beings should be targeted. Those supporting Trump and is MAGA crazies should be held accountable and up for public scorn. Do not waste any opportunity to do this. Do not hold back any bit of energy to fight these wrongs. Our Democracy and way of life depends on it. VOTE BLUE. It matters.

Expand full comment

It took the 1965 Voting Rights Act (VRA) for people to get the right to vote.

The SCOTUS is taking those rights away!

Expand full comment

Not all women, just some. Many women of color had to fight their own battles to obtain the right to vote because of their race and ethnicity.

Expand full comment

Hopefully, women’s right to vote will be safe. At this point, I am worried!

Expand full comment

If Trump gets elected, out “right” to vote may be sustained, but it may have no value. Crown Princess Ivanka may be set up for the throne next, whether or not we retain “the right” to vote.

Expand full comment

Trump must not be given the chance to be elected. He's a criminal. He will only do immense harm. Our democracy must protect itself. And our President swore to do so. Maybe he should make use of his newly granted powers?

Expand full comment

And their courage

Expand full comment

I have just woke up from a fifteen minute Power Nap, I had to close my eyes and try to clear my mind of any thoughts,after reading almost constantly since around 4:00 this morning. I came up out of my chair with a thought that keeps circling. I’m thinking that the SCOTUS might not have handed trump the win he thinks,and many of us think he got. Where my thoughts are is that he might escape some justice we would like to see served, but at the same time the court gave democrats the rallying call to go full force in support of Biden and democrats up and down the ballot.

I have to believe that after that decision voters who were on the fence, fell off and those who weren’t going to vote realize that electing Biden is the only path forward right now. I certainly hope my waking thought was correct. I have to go with it, otherwise I would slowly lose it. Vote BLUE as our future and democracies future depends on it.

Expand full comment

This immunity decision is probably the worst one a Supreme Court has made, as it completely overturns the Constitution. They made this immunity concept up.

Expand full comment

I agree that they made up this concept of immunity. If you listen to the recording of the felon’s lawyer arguing this case before the DC Court of Appeals, it sounds absurd. And, indeed, the 3-judge panel unanimously ruled against Trump.

Expand full comment

Its a criminal ruling made for a criminal.

Expand full comment

Thank you. I completely agree. I actually cried when I heard the ruling this morning. Then I was angry. And I finally came to the same conclusion. Citizens who were not engaged prior to this may just step up, speak up, and vote. Perhaps this is the tipping point. We can only hope. And speak up ourselves.

Expand full comment

Yes, I agree. As I posted on FB this morning, mostly for my own kids to see “for those who “don’t do politics”, Politics will do you”. And here we are. It will take years to get out of this maga mess. I don’t know if I have that many years left, but I will fight until my last breath to keep this country free!

Expand full comment

I so agree with you on this and the gqp should be very nervous as to what the dems could do to them for their blatant actions that they do t hide any longer.

Expand full comment

Totally agree!

Expand full comment

I had the same thought. Even some of the MAGAtocracy should now realize that giving Trump the freedom to do anything he wants without accountability is completely irresponsible and dangerous for anyone who disagrees with him on anything.

Expand full comment

Cheryl, yes, my thoughts too. Also, if Jack smith has to present arguments as to why trumps crimes were not official acts to Judge Chutkan who already said presidents are not kings. Trump will be his bullying crass self as his crimes are aired. Who can stand that! Also, think of what a martyr Trump would claim himself to be if this went any other way. MAGA all think he’s been persecuted like “Jesus.” No other solution but trust that a good majority of this country will not let this happen.

Expand full comment

agree. Biden is the answer to defeat not justvtrimp but SCOTUS is on the ballot

Expand full comment

I truly hope this is the case, but don't think we can afford to rely on that hope alone.

Expand full comment
founding

Thank you! I was just reading Glory Road, the second in Bruce Catton's trilogy about the Army of the Potomac, which covers the period from Fredericksburg (December 1862) to Gettysburg (161 years ago today, through Wednesday). At so many points the Union cause hung by a thread, but somehow they persevered and in the end knew triumph. (I was also struck by how dedicated the Confederates were to a proposition based on evil. It gave some more clarity, though no peace, to think of how much like Trump supporters they were.)

Expand full comment

I am also recommending Prof. Ruth Ben-Ghiat's book Strongmen. She wrote it when Trump was president, and included him in it. It is a book of fascists. She is an expert on fascism and fascist propaganda. I also highly recommend her Substack Lucid. https://lucid.substack.com/p/the-debate-and-the-firehose-of-falsehood

Expand full comment

Strongman terrific book and a terrifying one. We have be been too smug as Americans in saying, "It can't happen here." Well, we are now in a situation where many of the richest and powerful in the country and about 40% of the population not only are saying, "Yes, it can happen here," but, "Don't you get it, you naive little turtles, not only can it happen here, but we WANT tyranny to happen here and we have in Project 2025 many hundreds of pages that show you exactly how we are going to make it happen. So, shut up and stick your head back in your shell and argue about whether Biden is too old to run. We LOVE watching you shoot yourself in the foot. And we are convinced there is not a damn thing you are going to able to do to stop us." We must dedicate our lives, our fortunes and our sacred honor to proving them dead wrong.

Expand full comment

Many of their relatives still exist...............and no doubt are Trump supporters.

Expand full comment

I am one of those relatives, Barb. And I am not a Trump supporter. I am a liberal 5th generation Mississippian and I want a better country for my grandchildren and the grandchildren of my friends of every color and creed. And I’m afraid it may take a sacrifice of extraordinary courage on Joe Biden’s part to keep Trump from ever occupying the White House again.

Expand full comment

Prof. Ruth Ben-Ghiat calls this a transitional moment, which you have as fascism takes hold. Joe Biden is the only hope to keep Trump out of the White House, and our country democratic in the face of a fascist Supreme Court, and many fascist elements in our society, and in other countries as well. In this video Ben-Ghiat discusses the issues. https://youtu.be/tX7lij4fETc?si=yp98RhR7cp43joRz

Biden is the best candidate. We need his experience to run the country because he knows how to get things done. Why should people be caving to Trump's charismatic fascism and doubting their candidate? I am shocked that our press is so supporting of a fascist. There is no one else who can win against Trump. Stick with the tried and true. No one who wants Biden is suddenly voting for Trump because of the debates. In fact, more people are now on Biden's side after seeing Trump's performance because he was awful too for anyone who wanted to hear about policy because they are counting on people not reading the 920 page Project 2025. My Democrats Abroad group is doing a bookclub on reading it.

Expand full comment

Don't be shocked about the press and other media, Linda. They just want clickbait for their bottom line. The media will not save us. The courts will not save us. It is up to us. We the people. It is time to take our country back!

Expand full comment

I just cancelled my subscription to the NYT, the day after they called for Biden to step down.

Expand full comment

Yes...now how do we go about it. Keep in mind that our votes may be challenged or invalidated. We need Biden to join with some serious leaders to rise to the challenge.

Expand full comment

Biden is as honest as the day is long. Elect him and if he feels he can't perform the office of president he will step down and let Kamala take over.

Expand full comment

I 1,000,000% agree with you! I have been saying the same thing to people, who mostly don't seem to understand the role of the vice president, or the President's family. I trust Jill Biden too to help her husband make the right decisions. Right now he is the best person for the planet to lead the USA which leads the democratic world and staves off the autocratic world. Putin is kept in check and Netanyahu is too. The protesters and naysayers do not seem to see that as far as things can go it is skilled diplomacy all the way. The renegade Republicans are kept in check too, which is why we have passed the budgets and continued to support Americans in all kinds of ways as a good government does. Viva la Biden!

Expand full comment

For a lot of Americans, the Civil War never ended.

Expand full comment

Truth and largely due to the Confederacy never being held accountable.

Expand full comment

I have always contended that Lee and Davis should have received the appropriate punishment for the crime of treason.

Expand full comment

And when you think about, it's staggering how that resonates up to our time line.

Expand full comment

Heather Cox Richardson's "How the South Won the Civil War" opened my eyes to many issues not only from the Civil War era, and antebellum as well as the country we live in today.

Expand full comment

Critically important point here! I live in an area that supports trump and flies their flags upside-down. Much as I hate to even form the idea in my head, is it time for Dems to take aggressive action??

Expand full comment

Not all…for sure… writing as one of them.

Expand full comment

Bravo, there’s work to be done.

Expand full comment

Register Democrats. Swamp them. Millions of unregistered folk trend heavily Democratic. Gen z.

https://www.fieldteam6.org/

Expand full comment

Just bought 200 more postcard stamps.

Expand full comment

My hubby and I will be working on 200 more Blue Wave postcards this evening. This will be 700 postcards for us, and we’re not going to let up.

Expand full comment

Yaaay! Postage goes up on July 14th so get your stamps now.

Expand full comment

Yes, us too!

Expand full comment

We are a group of four who are writing as many postcards as we can through bluewave postcards.org

Expand full comment

Just donated to Field Team 6.

Expand full comment

Thanks for this. Checked it out. Will donate.

Expand full comment

Thanks for the link!

Expand full comment

I could not have said it better myself‼️

Expand full comment

Thank you Sandycreek! I agree. I was not surprised at the news, because the Court was waiting so long to announce, and then did it last minute. There are no surprises just desperation to figure out how we can go after these [In]justices on the court.

Expand full comment

A Democrat trifecta this November and enlarge the SCOTUS.

Expand full comment

Or have Biden bring Thomas out into the open for his crimes against America and the people

Expand full comment

Thanks, Jon. But I never thought of them as Fascists back in the late 19th century

as I do now. I’m so ashamed of the SCOTUS decision on immunity.

Expand full comment

And NOW we see what tRump means when he refers to "my Justices"...bought and paid for in full, sad to say

Expand full comment

Our country was just bought by the lowest bidder (Trump, his brown shirts, and the SC)-- and sold by the same. The Supreme Court just betrayed our country, hands down. The only reason I can come up with is power, and of course, greed.

Expand full comment

Yes, channel our feelings into actions to help save democracy and our freedoms. Individual efforts add up to a mighty force. Register Democrats, Get Out The Vote. And if you can, today’s another day to donate to the Biden-Harris campaign.

https://secure.actblue.com/donate/ads-gs-dd-bvfsearchmonthly-jun2023

Expand full comment

Donate to ACLU and Common Cause, too. We need all hands on deck.

Expand full comment

Agreed

Expand full comment

Yes, this is no time to give up -- it is what they want us to do. When the facists win elections, they take over the judiciary as one of their first steps -- and we must win this election from Biden down through our Senate and House and even down to local school boards to prevent further takeover by these anti-constitutionalists who are out to destroy our democracy. A very good read is Robert Kagan's long piece on why and how they are bent on destroying liberal democracy, a danger identified by our Founding Fathers and by Lincoln. https://www.washingtonpost.com/opinions/2024/04/24/trump-tyranny-christian-nationalist-democracy/ -- We must gather our strength, courage and will to save this amazing country for the next generations.

Expand full comment

Currently reading a great book on that subject; will break your heart: The Warmth of Other Suns by Isabel Wilkerson.

Expand full comment

One of my favorite books of all time. And yes, eye opening and heart breaking.

Expand full comment

AMEN!!! 👏🏻👏🏻☺️

Expand full comment
founding

Thank you --- all valid and correct

Expand full comment
Jul 1·edited Jul 1

This SC has overstepped their bounds. They have given away something that wasn't theirs to give away. It's something that belongs to all of us. The rule of law is what makes us US and no court no justice has the right to give it away.

Expand full comment

Unfortunately, the way they wrote the opinion, neither Congress nor the Supreme Court can question a president's immunity for official acts within his authority. Since our recourse is either by electing honorable presidents (which we've obviously had a spotty track record with), or having Congress enact laws that they have no authority to enact, our options are limited. As Robert said, though, this decision will (likely) not stand, but it will stand long enough to allow Felonious Trump another crack at the Oval Office.

p.s. Here's a link to the decision: https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf The point I made in the beginning here is covered in (1) on the second page.

Expand full comment

There is no authority within the Constitution that gives these yahoos the right to give away the Rule of Law. Its the primary reason this country was founded and the Constitution adopted. We never signed on for a King and I'll never defend the right of Kings. And neither should the Senate, the House and Biden starting right now...not wait till November....if we ever get there. I'm mad and so are many others. We are not going to take it.

Expand full comment

That's the spirit, Terry! I am confident it will be overturned, but not any time soon. The good news, if there is any, is that we finally have a decision. The case is remanded back to a judge who seemed to be serious about doing her job. A lot of smart people should be looking at this decision and deciding how to proceed. Lamenting the decision isn't gonna help.

Expand full comment

There is a window of a couple of issues that may remain in the DC case. Chukan has to hold suppression hearings, but it is possible that the interference with the electoral counts may remain.

IMHO Garland has made several tactical miscalculations. IMHO charged Trump with the wrong statutes. I would have prosecuted the henchmen first (who have no immunity) and brought cases against Citizen Trump -- when immunity does not apply. He left the presidency Jan 21, 2021.

The statute of limitations has not run on insurrection. 18 USC §2383. Rebellion or insurrection. Probably 5 years.

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

To this day, Citizen Trump is giving aid and comfort to insurrectionists who have been convicted.

I don't know about anyone else, but this motivates me to do MORE, donate more of my time and money.

Expand full comment

Thanks, Daniel. Your first paragraph gives me renewed hope. Buried further down in this chain I suggested that since this decision remands the case to Judge Chutkan, who has proven to be a serious jurist, it may open the door to discovery and pretrial motions that may provide testimony in the court of public opinion. I'm anxious to see if that happens, but it could be a silver lining.

Expand full comment

The court of public opinion. This is as extreme a decision as Dred Scott, Plessy v Ferguson, other highly controversial miscarriages of justice.

I hope that most people are incensed, and that it causes some who voted for Trump twice to flip. But I ain't holding my breath.

I hope it motivates people like me to get off the couch, do more and worry less.

Expand full comment

It could happen before the election

Expand full comment

From what I've heard, SCOTUS has said that NO evidence can be given during the Chutkan hearings. So SCOTUS wants to say there was a hearing (but has in essence squelched any effectiveness... NOT surprising.)

Expand full comment

I’m hoping this will get the coconspirators tried and convicted more quickly. These folks need to go to jail. No immunity for them.

Expand full comment

Agreed!

Expand full comment

New election target: 67 D senators. House D majority. Impeach 6 SCOTUS justices for treason and/or incompetence.

Expand full comment

The Supreme Court decision on this issue should have been resolved within a month of when it was presented. Since it wasn’t Trump got a reprieve and everyone knew it. Another real reason to vote for Biden is it can lead to a Trump conviction.

Expand full comment

They never should have taken it in the first place. Felonious T's claim of absolute immunity was ridiculous on its face, and shouldn't have been given the time of day. The Court has cost the American people a lot of critical time that it can't recover, but at least the logjam has been broken. That's not to say there's not another one just around the bend, but I'm either seeing a little daylight or I'm hallucinating.

Expand full comment

so, the court gave Trump most of what he was asking for - absolute immunity for "official acts" - hard to see much daylight from where I'm sitting.

Expand full comment

That part was a given, in my opinion. Felonious T was actually looking for absolute immunity for everything he did while he nominally held the title (he certainly never fulfilled it), and I think hr wanted it to extend to anything arising from it. He didn't get immunity for unofficial acts, and it's still up for adjudication for official acts that are not within his authority.

Expand full comment

Hope you see daylight.

Expand full comment

The logjam has been broken? How do you mean?

Expand full comment

The Court sat on this for months, and kept Judge Chutkan from proceeding. With this ruling, she can proceed, although cautiously and in a limited way.

Expand full comment
founding

OF course you are spot on --- at this point I want to vomit and then get back to work. They are a reprehensible, mendacious, corrupt, hypocritical bunch of psychopaths. They all said in hearing that 'no one is above the law including the president' - until he wasn't .

Expand full comment

Over the past 4 years the American populace, by and large, has expressed it's disdain for going backwards repeatedly at the ballot box. I trust this will continue. Repudiate fascism, racism, misogyny, and ignorance......VOTE!

Expand full comment

Turnout and registration first

Expand full comment

We can't assume anything.

Expand full comment

He doesn't get another Crack if he doesn't get back into office.

Expand full comment

That's what I was trying to imply, but thanks for saying it.

Expand full comment

Sad, but 100% correct. Nothing like giving Trump a lame victory now to keep him out there, testing our system of democracy. I don't normally wish ill upon people, but what will they all do if he suddenly drops dead?

Expand full comment

That's if it stands. There is nothing binding on the Executive or the Legislature to follow this holding. The Justices stepped over the line and they need to be stood up to. Too much over ripe hubris with too much testosterone mixed in. They should all be forced to step down.

Expand full comment

We cannot, must not, will not let Felonious Trump back into the White House. The peril has just gotten more dire. Our hurdles just became higher, but so have the stakes. Let us do everything we can physically, emotionally, and financially to make the November vote overwhelmingly, incontrovertibly blue.

Expand full comment

Absolutely, Mim!

A massive BLUE WAVE can wash away the toxic RED TIDE!

Expand full comment

That was going to happen anyway Bob. We just need to ensure that his attempt is another in his long list of failures. Congress retains the ability, if not the political will or moral courage to impeach a President or a Supreme Court Justice and conviction followed by removal in that forum isn't subject to appeal.

Expand full comment

In reality Thomas and Alita have not done anything that is impeachable.

Expand full comment

Are you serious?

Expand full comment

Look it up. They have not broken the law enough to get impeached

Expand full comment

I didn't mention any names, but Justices serve "during good behavior" and I suspect that instances of less than could behavior could be found despite the Court's recent reclassification of bribes as gratuities.

Expand full comment

Then we must rise up enmass and vote NO to 45 and YES to Biden.

Expand full comment

HOW will it not stand?

Expand full comment

I'm far from an expert, but I think this will be challenged in the future when another case arises from some of the untenable parts (like deciding what's within a president's authority and what's not, and when somebody does something egregious), and overturned. It won't happen anytime soon, perhaps not in our lifetimes, so it's not going to help now.

Expand full comment

So, what can prevent President Biden from declaring that Trump

violated his oath of office and the 14 Amendment; therefore can not

be a candidate for public office?….. and should have immunity in doing so.

Expand full comment

Interesting question, but I think "Roberts' Rulesl" would not allow that. However, it would have to be adjudicated, and that would take time. As interesting as it is, though, it's out of character for President Biden and most Democrats. We need to take the gloves off, but we shouldn't target our shots below the belt.

Expand full comment

Agree that this is out of character, but it seems to be what the SCOTUS

has enabled. The GOP has continually hit “below the belt” on Joe. I think it

is time to fight fire with fire.

Expand full comment

They are basically telling us that a President isn't bound by laws. The double standard of people who also can do things that are illegal at the President's behest can still get in trouble, but not the President themselves. I never thought I'd see the day where the Supreme Court would want to give the Executive Branch less oversight.

Expand full comment

The only, and I mean only, thing that tickles me about this is that it applies to Democratic presidents also! Why MAGA doesn't find that daunting, I don't know.

Expand full comment

Because they are plotting to create a future that will not include any Democrat Presidents. Ever.

Expand full comment

Ha! You're right! But...I'm ready to "make some noise"!

Expand full comment

Could Biden have Trump arrested as a danger to democracy? As official business, making him immune from repercussions?

Expand full comment

My idea,too.

Expand full comment

That’s what I’m talking about. They have given Joe new powers.

Expand full comment

Because GOP MAGA think they have Scotus on their side for the next 20 years…. and maybe longer.

Expand full comment

If a president is immune, he doesn't need to be concerned with a Supreme Court. The president could simply dissolve the court as an official act. How would they like that?!

Expand full comment

They not only have overstepped their bounds, they have disavowed their oath of office and are arguably working to overthrow democracy and with it the Constitution. I can make a case that these 6 radical justices are enemies of the state.

They rendered a decision that makes a president immune to prosecution if they act in an official manner. My suggestion to all of you and to tens of millions of Americans - demand that Biden issue an "official" Executive Order remanding these traitorous justices into custody, pending an investigation into their violation of their sworn duty to uphold the Constitution.

It has long bothered me that the oath of office is a mere ceremony. Violation of one's oath of office should be met with the severest of penalties. It goes to the heart of public service and fidelity to the Constitution.

Biden must act now and shut down the extremists immediately pending prosecuting them all for being enemies of the state. They are the very definition of home grown terrorists.

This is a make it or break it moment that will determine the future of the Republic. It is time to demand people declare their allegiance to the Constitution or face punishment for treason.

Expand full comment

Responding to ChipsPOV comment, I have incorporated some of his excellent language and added my own in a letter that I have both emailed and mailed to President Biden. as follows:

The White House

1600 Pennsylvania Avenue, N.W.

Washington, DC 20500

July 1,2024

Dear President Biden,

In regards to Presidential immunity, The Supreme Court today (7/1/24) in their ruling, not only have overstepped their bounds, they have disavowed their oath of office and are arguably working to overthrow democracy and with it the Constitution. These 6 radical justices are enemies of the state.

They rendered a decision that makes a president immune to prosecution if they act in an official manner. I as an American citizen demand that President Biden issue an "official" Executive Order remanding these traitorous justices into custody, pending an investigation into their violation of their sworn duty to uphold the Constitution.

It has long bothered me that the oath of office is a mere ceremony. Violation of one's oath of office should be met with the severest of penalties. It goes to the heart of public service and fidelity to the Constitution. That is the primary role of SCOTUS.

President Biden must act NOW and shut down the extremists immediately pending prosecuting them all for being enemies of the state. They are the very definition of home grown terrorists.

This is a make it or break it moment that will determine the future of the Republic. It is time to demand people declare their allegiance to the Constitution or face punishment for treason.

The country is holding their breath that President Biden will act strongly with conviction and not mere lip service that everyone should vote. He is the President of the United States and using his power now is what's required most especially as a Presidential official Executive act.

Yours truly,

Valerie Perlman

Expand full comment

I think this makes a lot of sense - they ARE enemies of the U.S.

Expand full comment

This is the reaction that is best since it is proactive. The Supreme Court bestowed official acts to the President and President Biden must do this NOW. That will show his strength to protect our democracy and our Constitution immediately.

Expand full comment

Well said!!!!

Expand full comment

This is exactly how I feel... SCOTUS does not have the power to make this decision.... it lies with the American people and American juries of peers!

Expand full comment

Hear hear / too true!

Expand full comment
Jul 1Liked by Robert B. Hubbell

My knee jerk reaction to the SCOTUS 6-3 decision is that President Biden must run and we must elect him.

Expand full comment

Absolutely!! And we must immediately stop all this bullshit about him stepping down. What we need to be doing is working 24/7 for President Biden and other Democrats to crush MAGA under the biggest landslide in history, in both the popular vote and the electoral college. Especially the electoral college.

Expand full comment

And elect a Congress that will allow him to get much more done.

Expand full comment

Yes, that’s included (“other Democrats to crush MAGA”).

Expand full comment
founding

Hear hear, "the biggest landslide in history"!

Expand full comment

Spread it around, please!

Expand full comment

I agree. And we need to get young voters involved, especially now that the Supremes have opened us up to no climate regulations. And abortion rights.

Expand full comment

And get rid of the Electoral College!

Expand full comment

Without the Electoral College, there never would have been a President Trump. We should learn our lesson.

Expand full comment

We need to stand tall and firm as Democrats against these monsters. If we split hairs within our own party we will never regain Democracy for our children and Grandchildren. It’s slipping through our fingers with each breath.

Expand full comment

Keeping Trump out of the White House makes today’s ruling not quite as onerous! Then electing, in future years, candidates we can (mostly) trust.

So I agree with you, Charlie. Let’s make sure Biden is elected, let Trump’s cases run their course, and hopefully see Trump wearing orange one day!

Expand full comment

A nice orange jumpsuit for a long, long time would be my preference

Expand full comment

Amen #2

Expand full comment

It's not just "knee-jerk." It's the rationale choice. It has been all along, and the immunity decision confirms it once again.

Expand full comment
Jul 1Liked by Robert B. Hubbell

Robert, your ongoing advocacy to expand the court will, I hope, become a rallying cry in this country. The reactionaries on the court, in the halls of Congress, and in statehouses across the nation must be stopped. It is outrageous that Thomas and Alito were not made to recuse. This decision will, as you point out, live in infamy. Expand the court, elect Democrats, and keep the faith.

Expand full comment

I just worry that expanding the court can be a strategy for the other side as well. Is there any way to impeach those justices who support the insurrection?

Expand full comment
author

If we fail to act because of worries about what Republicans might do, we will be frozen in amber. The MAGA extremists are counting on us to follow the rules, while they break them. Expanding the Court is lawful and appropriate.

Expand full comment

So maybe it’s time for President Biden to use a little of that immunity himself.

Expand full comment

I was wondering why can't President Biden put rump in jail and call it an official act.

Expand full comment

They really took the cowards way out as well by leaving open the question of "Official Acts" vs "Private Acts". These are not serious people, and bent over backwards to give Trump the gift of a lifetime.

Expand full comment

Here's another option my brother just suggested had the CIA go shoot him. Wouldn't that make it an official act?

Expand full comment

I don't buy into the "When they go low, we go high" philosophy, but as tempting as it is, we can't think like this.

Because this is what they would consider a reasonable response.

Save that thought and the energy behind it to inform and reach undecideds of what's at stake. A lot of people don't know the implications of Project 2025 and the dystopia it promises.

Work to reach them!

Expand full comment

Maureen - Brilliant! You should be a Biden strategist!!!

Expand full comment

This is actually a very viable idea! What could Biden do by Executive Order? If iI were him, I would have lawyers all over that. Disqualify a convicted felon from running? Just saying.......

Expand full comment

From skimming the court decision I got that the rule was for former presidents.

If Biden has immunity I hope he takes advantage.

Expand full comment

At a minimum, there should be term limits for federal judges including SCT Justices. If that somehow got through Congress, all those who’ve served for 18 years could be thanked for their service and dismissed, including Alito and Thomas.

Expand full comment
Jul 1Liked by Robert B. Hubbell

Term limits for federal (including SCOTUS) judges would require a Constitutional Amendment which gives them lifetime tenure (in good behavior) and that's not going to happen. However, I don't believe there's any limit to continuing the lifetime tenure in the federal courts albeit NOT on the Supreme Court. I don't believe there's anything in the Constitution controlling the number of years a judge can serve on the Supreme Court, just that a federal judge is given lifetime tenure in the federal courts. Adding to that, there is nothing in the Constitution that limits SCOTUS to nine justices. An easy argument for enlarging the Court (let us stay away from the phrase "packing the Court") is that the number of federal circuits has expanded to 13 and we need an equal number of justices to match that for each to handle the appeals coming from each of the circuits.

Expand full comment
author

This is correct: Term limits for federal (including SCOTUS) judges would require a Constitutional Amendment which gives them lifetime tenure (in good behavior) and that's not going to happen.

Supreme Court justices are nominated for and confirmed to serve on the Supreme Court, not on the federal judiciary. For example, a judge is nominated and appointed the federal district court. That judge can't just be switched to the federal appeals court unless there is a separate nomination and confirmation.

Expand full comment

Lifetime tenure (in good behavior). What about bad behavior? Impeachment? Only likely when Congress is held by the opposite political party? I see a lot of bad behavior being flaunted right in my face!

Expand full comment

That's true, but it's established by statute, not by the Constitution.

Expand full comment
Jul 1Liked by Robert B. Hubbell
author

Yes; Democrats have introduced a term limits bill. It is plainly unconstitutional. And who will decide that question? The Supreme Court.

Expand full comment

Totally agree and makes sense, 13 judges for 13 circuits! That would also reduce the backlog of trials and appeals...

Expand full comment
founding

Whatever the merits of expanding the Court might be, if we elect a Democratic "trifecta" - House, Sentate and Presidency - in a few months, within the next year Congress could pass an enforceable code of ethics, make it retroactive in effect (carefully avoiding its being a bill of attainder), impeach and remove two current members of the Court (which I submit could in fact be done lawfully without any new ethics code statute) - and appoint two justices who possess the character and knowledge to render decisions in accord with The Rule of Law.

Expand full comment

I was originally against the idea, but have come to see the error in my ways. We spend too much time frozen in amber as it is. We need to expand the Court in reasonable measure to restore balance and sanity. Then we can reform the Court and take away this court-stacking tool that Felonious T and the MAGAlomaniacs perfected, and then accused the Democrats of trying to use.

Expand full comment

You are right Robert. We have to stop worrying about those what ifs.

Expand full comment

We MUST fight back!

Expand full comment

'The MAGA extremists are counting on us to follow the rules while they break them.' True!! Whenever they parrot the right wing's talking points, I think, how can they believe that? Well, they don't. They keep regurgitating the party line.

Expand full comment

Exactly, Worry less. Do more.

Expand full comment

Same goes for the filibuster.

Expand full comment

Excellent point!

Expand full comment

Yes, but first we need to win the House and hold (or better, expand) our majority in the Senate.

Expand full comment

More reason to fight even harder than before, Lesley!

Expand full comment

Absolutely! I just ordered more postcards and got two other friends to sign up. Sending money to candidates, and all the organizations fighting voter suppression. It’s time to increase the effort.

Expand full comment

I also wrote Dick Durbin to speak up and outline a plan to expand the Court.

Expand full comment

Yes there is. First, we must win the Senate by a decent margin. And then we can impeach alito and thomas

Expand full comment

Apparently OAC is starting a movement for impeachment. Sadly it will need a number of Republican votes. But…I’m ever hopeful!

Expand full comment

Yes, I saw that. Of course it will be an uphill battle in the current congress but worth the effort nonetheless.

Expand full comment

Expanding the court isn’t the answer in my opinion,7 or 9 seems the correct amount to have ,but they shouldn’t be along partisan lines,and must follow legal avenues according to the Constitution.

As long as the Justices are appointed by the current President it will always be a partisan appointment.

Some other selection process must be employed.

Expand full comment

AOC has said she is preparing the impeachment papers now...we'll see.

Expand full comment

Only when we get a supermajority in the Senate and a majority in the House.

Expand full comment

Jamie Raskin did an interview just before the Biden-djt (I always use all lower case to reflect the true size of the man) debate. In it he briefly explained some of the possible ways to change the Supreme Court. I didn't catch it all, but the proposal I thought had real promise was this: there are 13 federal circuit courts. Expand the Supreme Court to 13 and have each Circuit "feed" a judge onto the Supreme Court when there is a vacancy. There is more detail. This goes a long way to de-politicizing the appointments and might increase the qualifications and integrity of those who become justices - if they are basically vetted by their peers. Those interested should watch the video of the interview or there may be more info online.

Expand full comment

I apologize for not being more in tune BUT how can SCOTUS be expanded and couldn’t President Biden do it now? I’m assuming Congress and Senate have to vote for it? We need a majority in both houses, yes?

Expand full comment

Calling Mr Hubbell! Robert has explained how this can work, and perhaps he'll do so again.

Expand full comment

Yes that’s correct

Expand full comment

A dark, dark day. This court has lost all semblance of legitimacy.

Expand full comment

And they don't seem to care. They serve a higher calling, the god of Christian Nationalism, who supersedes the Constitution in their minds. If a little gratuity or two comes their way, why that's okay. The court said so.

Expand full comment

You are 100% correct. Their behavior is soooooo wrong, on so many counts. They are supposed to act on behalf of ALL AMERICANS, not just the rich ones!

Expand full comment

A bit of sarcasm 🙂

Expand full comment

Don't those pro-birth Christian Nationalist believe in the 10 Commandments? How about #1?

Expand full comment

Legitimacy was lost when Gorsuch was seated. There was never a chance they would pursue justice in an honorable manner after that.

Expand full comment

I’d say legitimacy was even lost before, when Alito and Thomas were seated!

Expand full comment
founding

The majority may make, or make up, the law, but it is truly lawless.

Expand full comment
founding
Jul 1Liked by Robert B. Hubbell

This is a key paragraph in the dissent near the end that shows the absurdity of the majority ruling:

"Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. Because if he knew that he may one day face liability for breaking he law, he might not be as bold and fearless as we would like him to be, That is the majority's message today.... In every use of official power, the President is now a king above the law."

Expand full comment

This is EXACTLY Project 25, Heritage Foundation, epistle.

Expand full comment

Project 2025 is in the process of being enacted. They are not waiting for tfg to be President, he really isn't that important. Here's an idea; Since trump thinks he won in 2020 and is still acting like he's President, at the Mar-la-go presidential palace he really can't run for a third term. Right?

Expand full comment

The President is only limited in how s/he can regulate business, forgive student loans, try to control pollution, or in other words, go against right wing billionaires.

Expand full comment

😱🤬🤬😤🤯

Expand full comment

Just say WOW!!

Expand full comment

OMFG!!! Is that for real??? It's Shameful. We seem to be at the high point of impunity and hubris, and there is no relief in sight.

Expand full comment
Jul 1Liked by Robert B. Hubbell

An outrageous rightwing attack on a foundational precept of our democracy. Biden should stand strong and fight like hell. No more Mr. Nice Guy.

And the rest of us? Don’t agonize; ORGANIZE. Fight like hell for the next 126 days to get voters out in such large numbers so that we can overwhelm the MAGA Nazis.

Expand full comment

Everyone commenting here, if you are not already volunteering, should go to www.ActivateAmerica.vote to find an opportunity to phone bank, write postcards, canvass or text (you do it from your computer so you are not using your own phone number). Another great group to help is www.VoteRiders.org, that helps voters in battleground states to update their voter IDs (many states have changed their requirements).

Expand full comment

I was madly writing postcards during the debate. I was madly writing postcards while watching the special coverage on MSNBC of today’s decision. MADly. I had determined to send a minimum of 300 by November 5th but after today I may revise that to 1,000! One hundred done, nine hundred to go!

Expand full comment

I also wrote a batch of postcards on Monday night while watching coverage about the decision, for someone trying to unseat a MAGA Republican for a seat in the House.

Expand full comment

Great advice Ruth!! FieldTeam6.org also does a lot of great stuff. Bluevoterguide.org lets people see all the candidates and everything that is on their ballots. They can fill them out on the app on their phone and take it with them to vote, or print it off! I'm also encouraging everyone I know to check their registration status weekly, especially in the red states. They continue to purge the voter files at every chance they get.

Expand full comment

Thank you, Sue! I didn’t know about that guide!

Expand full comment

In another forum I commented that he needs to take the gloves off. The debate was like a WWE match. We need it to be more like an MMA fight.

Expand full comment

That wasn't a debate. You can't debate djt (or tRump)! Ask Hillary.

Expand full comment

Hence my analogy. I usually put "debate" in quotes for the same reason you cited.

Expand full comment

I simply refer to as the not-debate

Expand full comment

I find myself wishing that Pres Biden, in the next debate, has a poster with an arrow pointing to Trump that reads "Back at Ya!" Everything negative he says about Biden and his accomplishments (always denied) fits Trump most of all. That would save Joe from having to row against the Orange tide.

Expand full comment

Or use Reagan’s debate phrase: “Well, there you go again!”

Expand full comment

Personally I’d respond to his lies with “That’s a lie, sir. What evidence can you present that proves your assertion?”

Expand full comment

I wouldn't even ask for the evidence. I would jut say. "That's a lie. You have no evidence." And then say what I want to say. Don't toss the conversation back to the liar. You can't possibly refute all the lies in a Gish Gallop. So just point out they area lies, again. And proceed to educate the electorate with your record and policies. Better yet, just don't debate, since debates have no impact on election outcomes.

Expand full comment
founding

If the President does not order the military to assassinate Trump, it will be because Joe Biden is too old.

Expand full comment

Whatever the reason, it's not because Biden is too old. It's because he's a decent human being, a patriot and a defender of what we have come to know as the American way of life. Having said that, it's time to play hardball, Joe.

Expand full comment

It’s highly likely Trump has also committed crimes since leaving office. President Biden could, in clear conscience, sic his Justice Department on Trump for those things.

Expand full comment

He could also have those six justices assassinated. That would make for quite a demonstration.

Expand full comment

That's what I was thinking!!! Since, you know, as President he's immune to prosecution for ANYthing........

Expand full comment

Or at least do something he wouldn’t otherwise have done to put Trump in prison. There must be a way.

Expand full comment

Don't forget Al Capone, the slippery master of crime. Despite the worst accusations, including murder, he was imprisoned for Tax Evasion.

Expand full comment

Thats not true. Biden would NEVER do that because he’s not a maniac.

Expand full comment
founding

After the decision today, it might not be a sign of mania, but of good sense.

Expand full comment

The Supreme Court and MAGA are counting on that.

Expand full comment

I like your sense of humor!!

Expand full comment

If we allow our anger to turn us into them (have Biden assassinate Trump) then they have one. I refuse to let them win. I refuse to embrace their hatred and anger.

Expand full comment

Great point. We got in this mess because people stayed home, especially in key states, in 2016 and let Trump slither into office. Take off the kid gloves. Waste no time getting people to vote. And above and beyond the need to restructure the Supreme Court with additional justices, winning the House and Senate federally and locally, might be the idea that voting is required and that Federal Election Day is a holiday so people don’t have any excuse but to vote. Sure, I get it that the ‘pubs will cry “fraudulent votes”, but time and time again we’ve seen that this is a trope that can easily be dismissed and discredited. Certainly worth making it happen and let the chips fall where they may.

Expand full comment

Here's my 2 cents on messaging to the electorate. Many voters simply are not informed nor do they care about the issues. (Long term effect of social media?). The political ads that are pro-Biden need to capture people where they live - on a very human level. Like the Willy Horton ad, if people remember that. Something that relates to your own very human experience.

Expand full comment

In response to SCOTUS’ Lets’-have-a-dictatorship decision, the Democrats in Congress should introduce resolutions in the House to impeach the six reactionary justices and a bill in the Senate to expand the size of the court to 13 or 15.

Neither will pass, but both will focus attention on the issue and force Republicans, especially those in competitive districts, to declare themselves on a Court that takes away freedom and promotes authoritarianism.

Expand full comment

We probably can't get this to happen now, but if we work hard, and even harder than before, we may be able to win the House, retain the Senate and hold onto President Biden! And then expand the court, put term limits on all federal judges, create a mandatory ethics code for the Supreme Court and anything else that will limit their similarly authoritarian motivation! Could ANYONE have imagined that they would include a statement saying that the President's motivation cannot be presented as evidence???

Expand full comment

No. This is just unbelievable!!!

Expand full comment

That’s such a good idea. Shine a light on this travesty.

Expand full comment

Right wing voters will never see/hear about this resolution and will still walk in step towards authoritarianism. Biden and the Dems need to pull a rabbit out of the hat that can bite. Unfortunately the Dems always play by the rules. It was only a couple of years ago that Biden was calling those across the isle “good friends” and look where that’s gotten us. Obama also showed them too much respect.

Expand full comment

I agree. Speaker Johnson won’t let that happen. But when he stonewalls, that’s all the evidence willing supporters of an expanded court will see that voting “blue” is the way to make it happen.

Expand full comment

Thank you, Toni. Much appreciated. Michael

Expand full comment

Doing so will also call public attention to this travesty. People are busy living their lives and they’re not necessarily paying attention to Supreme Court decisions.

Expand full comment

So true Janet! Does the CO mean you're from Colorado? That is where all of this malarkey should have ended when it was decided he couldn't be on the ballot due to engaged in insurrection. Or, all this should have never started way back when Moscow Mitch could have voted to impeach instead of "letting the courts" decide after he left office, “We have a criminal justice system in this country. We have civil litigation. And former Presidents are not immune from being held accountable by either one,” Sorry Mitch, how did that work for us??????

Expand full comment

Hi Sue, yes, I live in Colorado, in one of the reddest districts. It’s the one that Boebert is leaving. That being said, it’s good news that I hardly ever see a Trump sign around here anymore. I’ve been doing a lot of driving around Western Colorado lately and into Wyoming, and during my travels (where I put over a thousand miles on the car), I saw a total of four Trump flags. This is in striking contrast to what I saw back in 2020. This is why I don’t trust these polls. If I remember correctly, the Colorado Supreme Court decision claimed that he did engage in an insurrection, but the judge did not remove him from the ballot because the office of the president is not mentioned in the Constitution. I remember discussing the insanity of that in one of Robert’s previous newsletters. Honestly, I think that judge was afraid of being attacked, swatted, threatened, and otherwise verbally abused by the MAGA lunatics. This is the country we’re living in now, sadly. The fact that this piece of human detritus is running for president is one of the most shameful events in US history.

Expand full comment

I'm sorry. Is there a good Democrat running against her? That is what everyone is afraid of, being attacked and threatened!

Expand full comment

There’s a Democrat running and I don’t know much about the person, but Boebert is going to win hands-down because that district is as red as a pomegranate. It’s far more conservative than district 3, which is why she fled from here. She figured out she wasn’t going to win. In that particular primary for district 4, people had choices among more moderate Republicans, including one woman who is an old-school Republican. Boebert beat every one of them by 20 points or more. Apparently district 4 doesn’t mind having a nincompoop as a representative.

Expand full comment

So, so sad....

Happy Independence Day....

Expand full comment

I think I saw somewhere today that Adam Frisch called for Biden to step aside? He's not even in Congress (yet) and he's running away from Biden?

Expand full comment

Also Susan, I think you'll appreciate this. It's a short video, and I'm sending it to Adam Frisch tonight.

https://substack.com/home/post/p-146098262?source=queue

Expand full comment

Yes, Susan, and he sent out a note to everyone on his mailing list today. (Plus, I had just sent him a contribution a couple of days ago.) I replied indicating my disgust and anger at his decision. I have no choice but to vote for him (as I wrote today in my letter), but I am upset that he is being so arrogant. I think this is going to upset Democrats in this district. He is making a huge mistake taking this approach.

Expand full comment

Seems like if he was headed for a win, he should have been more strategic than to upset the district. (Also: hello to you! I've always appreciated your comments but have been less active than I was for a while. I got Covid, and it turned into actual long Covid, 18 weeks now, so energy gets metered out.)

Expand full comment

Good plan!

Expand full comment
Jul 1Liked by Robert B. Hubbell

6 more reasons to vote blue down ballot....

Expand full comment

It is a very bad and sad day for our country and anyone who is not in cahoots with Trump. I am angered, saddened and am searching for justice and answers.

Expand full comment

I agree. I am angry at the Supreme Court and sad for our country. Where is justice? Certainly not in their immunity decision!

Expand full comment

Or any of their horrible decisions!

And then there is Aileen Cannon.....

Expand full comment
founding

This little mind is exploding: how does one square the Oath to Defend the Constitution (taken by Justices) with their recent actions trashing precedent?

Expand full comment

It can't be squared. They had no right to do what they did.

Expand full comment

We should have public discussion of their Oaths and shredding vs. defending the Constitution.

A president can be impeached AND convicted for high crimes and misdemeanors, including bribery. But now he cannot be prosecuted for them unless they were “private acts.” Bribery seems a private act. So does attempted blackmail, which he attempted on Georgia Secretary of State Brad Raffensberger, sort of the inverse of bribery.

Reading Sotomayor, it is clear they gave Trump more immunity than he even asked for.

Expand full comment

More than they had the authority to give him.

Expand full comment

For sure.

Expand full comment

Or how about his request from the bizzilonaires for support him in exchange for getting preferential treatment for their companies (and them, too)?

Expand full comment

Do you mean the recent ones? Now that he is no longer president, the new immunity announced by the SC Six, won’t apply there. I wonder what laws there are, maybe campaign finance laws, that could be applied to attempted bribery.

But. . . The SC finds that gratuities are OK after a favor has been done, at least for themselves.

Expand full comment

Carol - Good thinking! Quite the irony. Inexplicable.

Expand full comment

Thanks!

Expand full comment

Yes.Exactly.The SCOTUS is trying to install Trump as a dictator.Trump has made no secret of his intention to destroy our democracy.This Court and a large part of our media are totally in line with this.These formerly hallowed institutions are directly responsible for trying to thrust the country into full fledged fascism.

Expand full comment

We have a lawless court. Period.

Expand full comment

It solidifies what we have to do, what we always had to do: hold the Presidency and the Senate and take the House. It’s the only way out that won’t take years and cost thousands and thousands of lives. Take Justice Sotomayor’s righteous and justified anger unto yourselves. Now is the time to fight, and failure is not an option. They’ve shown who they are; now we show them who WE are.

Expand full comment

We now officially live in a lawless land run by lawless Billionaires and their henchmen in black robes. Shame on the Supreme Court. My Vote Will Matter in November.

Expand full comment
founding

As others are saying, this is a dark day. Many of us are Baby Boomers, fortunate to have been born after WWII. We benefited from prosperity (and from racism) and we saw many evils overturned and many freedoms extended, extending the arc of justice.

Now we will need to spend the rest of our lives fighting for our democracy and country. Bad as the last 8 years have been, there have been hopeful moments - especially the rise of so many citizen groups fighting for great candidates, voter rights, and enfranchisement.

The despair we are feeling at the moment is real, and we should take time to acknowledge and feel it, but we must and will get back in the fight.

Thanks, Robert, for giving us this forum. This is scary shit!

Expand full comment

When I was in college, the 1968 Convention and Kent State happened. When I was in my first year of law school, Watergate happened (great time to learn Constitutional Law and Civil and Criminal Procedure!). I thought these were very dark moments. Nothing even close to what is occurring now. On a different scale altogether!!!

Expand full comment
founding

By an order of magnitude. 2008, when Obama was elected, it was such a jubilant moment. 2016, when you-know-what happened, was the end of a great stretch and ushered in one norm shattering after another. We could never have imagined, in our wildest dreams, a party being excited about running on a platform of fascism. God help us.

Expand full comment

I prefer the term 'serious shit.'

Expand full comment

Sotomayor’s impassioned dissent, joined by Kagan and Brown, is worth reading. God help the USA. The Robert’s Court is going down in history as the court that tried to kill democracy. We must do everything in our power to defeat these fascist know nothings.

Expand full comment

I'm so sick about it that I can't bear to read the details. I just want to put my head down and write postcards, donate to The States Project, organize voter registration drives and do whatever I can to get out the Democratic vote.

Expand full comment

Love your plan

Expand full comment