I was very happy to have heard about the SC decision and was not the least bit surprised about the justices who dissented. I read the links to Slate and to the one where Alito is one angry man. Both were really good but the mere mention of Leonard Leo and I go into a tailspin. He is definitely the one pulling the strings. My daughter is doing a spreadsheet of the companies he is involved with and connecting them to others like Ginni Thomas and Harlan Crow. It really seems like a pyramid situation where they are all scratching each other’s backs at moving monies around. It stinks of rotten fish. Lithwick is right when she says Leo should be talked about much more.
Thank you, Robert, for your encouragingly broad context for today's SCOTUS ruling against Independent State Legislature theory. Thank you also for pitching The States Project, which uses data for where to most effectively channel our precious donor dollars to progressive candidates in critically flippable state legislature races. I invite readers to check out our Tending to Democracy Giving Circle, and heartily thank all donors!
Robert Hubbell writes that "the opinion in Moore v. Harper suggests that a majority of the Court is committed to ensuring that the will of the people is heard in presidential elections. That is a good result on many levels, and everyone should heave a sigh of relief today."
Podhorzer reminds us that the six of the conservative majority on SCOTUS were all vetted by The Federalist Society. He writes: “The Federalist Society justices are not political partisans; they are interest group partisans. As I wrote six months ago (see below), this outcome was the most likely one in light of how SCOTUS summarily rejected Trump’s suits after the election. In both situations, when asked to choose between corporate power and Trump/MAGA power, the Federalist Society majority chose the former. ”
Like other commentators, Podhorzer is very concerned that SCOTUS reserved the right to rule in future elections and that "we should again be lifting up the still-unacknowledged coup underway.... The Federalist Society majority is key to a revanchist plot to repeal the social and economic progress of the 20th century. If we forget that, and if we take positive rulings like Moore as a sign that the Court may not be completely irredeemable as an institution, we are allowing ourselves to be gaslit."
In shutting down the Independent State Legislature theory, Podhorzer sees the business wing of the Republican Party opposing the MAGA wing. He fears that Chief Justice Roberts is continuing to pursue his long game, his incrementalist approach to bring liberal justices along so that a harsh ruling later seems more acceptable. Here's a link to his eye-opening post.
Jun 28, 2023·edited Jun 28, 2023Liked by Robert B. Hubbell
But by what weird reasoning was Moore v. Harper not unanimous? Thomas, Alito, and Gorsuch thought the majority was wrong? Do those three think State Legislatures, once elected, should be empowered to do whatever the heck the majority votes for?
Since 2015 Democracy has been tested like never before and frankly many of us had taken Democracy for granted and we just went along with two imperfect parties. That changed when Trump took office and corrupted both the Republican Party and our government. People became alarmed and got involved and pushed back and forced changes to laws and how the business of government is conducted. Trump in a certain manner of speaking helped strengthen our Democracy which was not his intent going in. Slowly and steadily we are making America stronger and we need to rejoice and appreciate the hard work of millions of people but the job is not complete. Every American has to thank Joe Biden and his team for making us stronger and more aware of the fragile nature of what a Democracy really is.
Re: RFK Jr. "it seems highly unlikely that a good-faith candidate would use a management team with ties to MAGA extremists. The whole thing stinks." you are indeed correct.
I’m married to a 76-year-old, liberal, anti-war contrarian who really likes RFK Jr. Today, as a good faith gesture toward my significant other, I did a bunch of Googling and read a lot from RFK’s side of the parking lot, as well as David Talbot’s and others' defenses of him. Looking at RFK’s website, most of the things posted there sound pretty good to me.
The problem is obviously that while his website sounds fairly rational, things he’s said in public are completely and irretrievably irrational (SSRI’s leading to school shootings, the vaccine nonsense (which he appears to be ducking from a bit), Fauci and the Holocaust, etc. The “watch out for THEM” argument that is the centerpiece of all conspiracy thinking is exactly the same in Kennedy’s fevered brain as it is for MAGAts.
Left-wing, right-wing, same bird.
Given the increasing lack of trust everywhere evident, along with the rise of AI (as Google's Eric Schmidt has mentioned too), I fear that we’re sinking into massive quicksand in which nothing can be believed and everything is up for grabs. This situation actually makes life easier for the likes of people like RFK Jr. and Alex Jones (RFK Jr went on Jones's show, which tells you everything). And that is a terrible, terrible thing to consider.
“But even if those opinions surprise us like Allen v. Milligan (voting rights) and Moore v. Harper, the only reasonable assumption to assume that Roberts, Kavanaugh, and Barrett are temporizing, waiting for the next major item on the MAGA agenda to make its way to the Court.” —
The unspoken assumption seems to be that members of This Court are truly politicians in robes, not genuine, serious interpreters of laws. I wish I could say that such cynicism is not merited … but I can’t.
This Court has all but wrecked our respect for Law (capital L).
Your advice on caution regarding the Supreme Court is well taken. How three judges vote for the ISL theorem is beyond imagination and can only be explained through their corrupt ties to conservative wealthy backers, corruption in short. I hope that the scope of Jack Smith regarding the fake electors connects the corrupt intentions of the GOP congressional caucus to comply with delaying verification.
One thought I have about SCOTUS decisions that have relieved and surprised us.... could it be that Katanji Brown Jackson is influential in their closed-door deliberations? We may never know.
“We must keep up pressure on the Court!” Please write more about this. What is this pressure and who and how can it be exerted or expressed appropriately?
Robert, I am concerned about the third party nonsense with Kennedy and a few others because I remember that Jill Stein made the difference for Hillary.
The legal architect of much chaos around the 2020 election theft attempt, John Eastman, now fired as Chapman Law School Dean, is in the midst of disciplinary proceedings against him. He faced 11 charges of lawyer misconduct, and there was a hearing to determine if he should be disbarred. An opinion will be issued by the disciplinary judges with 90 days of the hearings conclusion.
Perhaps Jack Smith will indict him criminally for his conduct on a conspiracy basis, perhaps not. But his future as a lawyer doesn’t appear good right now.
Trump has been largely held unaccountable for the unforgivable foot dragging of Merrick Garland for more than a year. I said during that year on almost a daily basis Garland was doing nothing and should be fired.
The threats to our democracy are real, and we have safeguards to hold traitors and seditionists accountable. We also have procedures to strip law licenses from lawyers that engage in misconduct. The biggest threat to our democracy, even more than the fascists who would steal our votes, are the people who sit around and do not vigorously defend our democracy by every legal means possible.
This is off topic for today, but I just listened to an interview with senior WH advisor Anita Dunn. She talks about the Biden presidency, why he is so effective, and why media coverage and polling are so negative. It’s really an inspirational listen.
I was very happy to have heard about the SC decision and was not the least bit surprised about the justices who dissented. I read the links to Slate and to the one where Alito is one angry man. Both were really good but the mere mention of Leonard Leo and I go into a tailspin. He is definitely the one pulling the strings. My daughter is doing a spreadsheet of the companies he is involved with and connecting them to others like Ginni Thomas and Harlan Crow. It really seems like a pyramid situation where they are all scratching each other’s backs at moving monies around. It stinks of rotten fish. Lithwick is right when she says Leo should be talked about much more.
Props to Neal Katyal who argured the Moore v Harper case. Judge Luttig said it was the most persuasive agrument he had ever heard.
Thank you, Robert, for your encouragingly broad context for today's SCOTUS ruling against Independent State Legislature theory. Thank you also for pitching The States Project, which uses data for where to most effectively channel our precious donor dollars to progressive candidates in critically flippable state legislature races. I invite readers to check out our Tending to Democracy Giving Circle, and heartily thank all donors!
https://www.grapevine.org/giving-circle/1XQhnyD/Tending-to-Democracy
Robert Hubbell writes that "the opinion in Moore v. Harper suggests that a majority of the Court is committed to ensuring that the will of the people is heard in presidential elections. That is a good result on many levels, and everyone should heave a sigh of relief today."
I am relieved for the moment but wary because of today's SubStack post by Michael Podhorzer. Thank you, Robert, for recommending his recent piece on the emerging anti-MAGA majority. Here's that link: https://michaelpodhorzer.substack.com/p/the-emerging-anti-maga-majority
Podhorzer reminds us that the six of the conservative majority on SCOTUS were all vetted by The Federalist Society. He writes: “The Federalist Society justices are not political partisans; they are interest group partisans. As I wrote six months ago (see below), this outcome was the most likely one in light of how SCOTUS summarily rejected Trump’s suits after the election. In both situations, when asked to choose between corporate power and Trump/MAGA power, the Federalist Society majority chose the former. ”
Like other commentators, Podhorzer is very concerned that SCOTUS reserved the right to rule in future elections and that "we should again be lifting up the still-unacknowledged coup underway.... The Federalist Society majority is key to a revanchist plot to repeal the social and economic progress of the 20th century. If we forget that, and if we take positive rulings like Moore as a sign that the Court may not be completely irredeemable as an institution, we are allowing ourselves to be gaslit."
In shutting down the Independent State Legislature theory, Podhorzer sees the business wing of the Republican Party opposing the MAGA wing. He fears that Chief Justice Roberts is continuing to pursue his long game, his incrementalist approach to bring liberal justices along so that a harsh ruling later seems more acceptable. Here's a link to his eye-opening post.
https://substack.com/inbox/post/131511773
But by what weird reasoning was Moore v. Harper not unanimous? Thomas, Alito, and Gorsuch thought the majority was wrong? Do those three think State Legislatures, once elected, should be empowered to do whatever the heck the majority votes for?
Since 2015 Democracy has been tested like never before and frankly many of us had taken Democracy for granted and we just went along with two imperfect parties. That changed when Trump took office and corrupted both the Republican Party and our government. People became alarmed and got involved and pushed back and forced changes to laws and how the business of government is conducted. Trump in a certain manner of speaking helped strengthen our Democracy which was not his intent going in. Slowly and steadily we are making America stronger and we need to rejoice and appreciate the hard work of millions of people but the job is not complete. Every American has to thank Joe Biden and his team for making us stronger and more aware of the fragile nature of what a Democracy really is.
Wow, Robert, thanks for this great summary!
Re: RFK Jr. "it seems highly unlikely that a good-faith candidate would use a management team with ties to MAGA extremists. The whole thing stinks." you are indeed correct.
I’m married to a 76-year-old, liberal, anti-war contrarian who really likes RFK Jr. Today, as a good faith gesture toward my significant other, I did a bunch of Googling and read a lot from RFK’s side of the parking lot, as well as David Talbot’s and others' defenses of him. Looking at RFK’s website, most of the things posted there sound pretty good to me.
The problem is obviously that while his website sounds fairly rational, things he’s said in public are completely and irretrievably irrational (SSRI’s leading to school shootings, the vaccine nonsense (which he appears to be ducking from a bit), Fauci and the Holocaust, etc. The “watch out for THEM” argument that is the centerpiece of all conspiracy thinking is exactly the same in Kennedy’s fevered brain as it is for MAGAts.
Left-wing, right-wing, same bird.
Given the increasing lack of trust everywhere evident, along with the rise of AI (as Google's Eric Schmidt has mentioned too), I fear that we’re sinking into massive quicksand in which nothing can be believed and everything is up for grabs. This situation actually makes life easier for the likes of people like RFK Jr. and Alex Jones (RFK Jr went on Jones's show, which tells you everything). And that is a terrible, terrible thing to consider.
“But even if those opinions surprise us like Allen v. Milligan (voting rights) and Moore v. Harper, the only reasonable assumption to assume that Roberts, Kavanaugh, and Barrett are temporizing, waiting for the next major item on the MAGA agenda to make its way to the Court.” —
The unspoken assumption seems to be that members of This Court are truly politicians in robes, not genuine, serious interpreters of laws. I wish I could say that such cynicism is not merited … but I can’t.
This Court has all but wrecked our respect for Law (capital L).
Robert thanks,
Your advice on caution regarding the Supreme Court is well taken. How three judges vote for the ISL theorem is beyond imagination and can only be explained through their corrupt ties to conservative wealthy backers, corruption in short. I hope that the scope of Jack Smith regarding the fake electors connects the corrupt intentions of the GOP congressional caucus to comply with delaying verification.
One thought I have about SCOTUS decisions that have relieved and surprised us.... could it be that Katanji Brown Jackson is influential in their closed-door deliberations? We may never know.
Perhaps Justice Ketanji Brown Jackson is having a positive effect on SCOTUS? To say nothing of good lawyering - lookin' at you Neal Katyal.
Your concluding sentence
“We must keep up pressure on the Court!” Please write more about this. What is this pressure and who and how can it be exerted or expressed appropriately?
Robert, I am concerned about the third party nonsense with Kennedy and a few others because I remember that Jill Stein made the difference for Hillary.
The legal architect of much chaos around the 2020 election theft attempt, John Eastman, now fired as Chapman Law School Dean, is in the midst of disciplinary proceedings against him. He faced 11 charges of lawyer misconduct, and there was a hearing to determine if he should be disbarred. An opinion will be issued by the disciplinary judges with 90 days of the hearings conclusion.
Perhaps Jack Smith will indict him criminally for his conduct on a conspiracy basis, perhaps not. But his future as a lawyer doesn’t appear good right now.
This week the USCAP for the 6th circuit affirmed sanctions against Lin Wood and Sidney Powell for their misconduct in Michigan related to their attempt to overturn the 2020 election. https://www.democracydocket.com/wp-content/uploads/2020/11/062323-6th-Cir-King-et-al-v-Whitmer-et-al-decision.pdf
Trump has been largely held unaccountable for the unforgivable foot dragging of Merrick Garland for more than a year. I said during that year on almost a daily basis Garland was doing nothing and should be fired.
The threats to our democracy are real, and we have safeguards to hold traitors and seditionists accountable. We also have procedures to strip law licenses from lawyers that engage in misconduct. The biggest threat to our democracy, even more than the fascists who would steal our votes, are the people who sit around and do not vigorously defend our democracy by every legal means possible.
Off topic, but nonetheless important (I think) is amplification of Biden’s policies. To this end, please see and share Dan Pfeiffer’s post. https://www.messageboxnews.com/p/the-biden-economy-what-you-need-to
This is off topic for today, but I just listened to an interview with senior WH advisor Anita Dunn. She talks about the Biden presidency, why he is so effective, and why media coverage and polling are so negative. It’s really an inspirational listen.
https://podcasts.apple.com/us/podcast/in-the-bubble-with-andy-slavitt/id1504128553
This link is to Apple Podcasts. If you use another pod cast service search for In the Bubble with Andy Slavitt.