Absolutely true about the Court. But not at all surprising. Of course, it's always been about the ballot box.
But can we draw some attention to Texas Gov. Abbott saying that he has "the legal authority to control ingress and egress to any geographical location" in Texas? Uh, doesn't that mean he thinks he can control anyone coming or going? Perhaps he's planning to patrol the entire border of Texas, questioning the purpose of anyone crossing in either direction What??
Lucky for me, I have no desire to visit Texas ever again.
SCOTUS has now condoned and sanctioned the overthrow of our government by any political party that controls a single house of Congress since that one party can prevent the enactment of any enforcing legislation. Based on this decision, Section 3 isn't worth the parchment it's written on.
Taking this a step further, the 5-4 majority is effectively saying that Congressional legislation is required enforce Sections 1, 2 and 4. (I am not knowledgeable enough to know whether there is such existing legislation, but if there isn't, then woe be unto us, especially if Trump or an equally malevolent person and party ever get hold of government.
As you say, the only thing left to do is: Elect Democrats. Reform the Court. Defend the Constitution. Preserve Democracy.
Time to get to roll up our sleeves and get to work. Tomorrow is primary election day here in California. If it's election day for you, VOTE. And, as you say, Robert "tell a friend!" We need to elect the best and the brightest Democrats and independents who can defeat every Republican up and down the November ticket.
For the record the decision was constitutionally correct regarding the law what was upsetting was how the judges voted and justified their decisions and the impact it could have. They were bulled into the decision
Sorry, but apart from the section declaring that states may not bar candidates for federal offfice, the majority got it totally wrong. And the first part is arguable.
Jin I hear you but please read this. We can start from what is clear: Section 3 of the Fourteenth Amendment says plainly that oathbreaking insurrectionists are in fact ineligible to hold federal office. We can also presume that normally, it’s up to the states to assess federal ballot eligibility, including age and birthright citizenship. So why not also let the states decide whether someone is an ineligible insurrectionist, just as Colorado did?
This is what lawyers often call a “floodgates” problem—as in, such a ruling would open the floodgates to a host of other problems. It’s a version of “Pandora’s box” of Greek legend. If the Court allowed Colorado to disqualify Trump, given our current broken politics, a great deal of mischief would likely ensue.
At a certain level I agree with this because my fear would be how the Republicans in red states would or could abuse this.
Yet, Stephen, the Supreme Court could have ruled that the legal process worked: the State of Colorado adjudicated the matter SUBJECT TO an appeal to the SCOTUS at which point, SCOTUS could have decided the matter based on the previous judicial record, the historical record and the actual text of the Constitution. Instead, they unilaterally amended the plain language self-authorizing language of Section 14.3 and set forth an untenable process that grants any political party with sufficient power to prevent legislation the right to overthrow our democratically-elected government. They literally put the fox in charge of the hen house!
This is not right in either respect. No one who understands how presidential elections are structured could interpret the constitution as the court did. More likely, the court acted in craven fear of right-wing backlash if they followed the constitution.
The states don’t have the right to kick someone off the ballot for a presidential race. It’s clear in the constitution and everything else was bullshit.
I can’t help but have the opinion that this erroneous decision was decided by at least two justices being on the “take”. They are doing so much damage to the credibility of the Supreme Court.
So Robert, thank you for providing Jill’s loving video about the WACS and the WAVS that her mom & aunt were a part of. I could tell it was a little emotional for her. It certainly was for me.
Tonight (poor Lynell, she’s going to hear this story more than once) I attended a talk with Barb McQuade and Joyce Vance. I went via YouTube as it was being held at the Commonwealth Club in San Francisco. Highly educational and fun! Barb has written a book called “Attack From Within” which is about the disinformation we are receiving by the news shows, social media, and newspaper reporters. She explained the difference between disinformation and misinformation. Disinfo: Deliberate use of lies, malicious acts. Misinfo: May be telling lies without realizing it such as word of mouth, grapevine. What she emphasized is that we have to know when we are being manipulated. For instance: headlines in newspapers. You know they all drive us crazy! Headlines are clickbaits and they drive the profits. We know that but she said the government must destroy Citizens United (thank you Justice Roberts!) which allows corporations and labor unions to have no restrictions in giving money to candidates campaigns. Secondly, the government must demand who is giving that money. Thirdly, social media must reduce misinformation by disclosing their algorithms purposes. Fourthly, disinformation is using voting as fraud to make it harder to vote for POC, the poor, and students. They are squeezing the public by denying early voting, drop-in ballot boxes, no water or food to be given to people in line, etc. The bottom line is that we, the people, have to know the truth and not engage in snark online. Believe me, that’s so hard not to do for me! Barb said that this book tour has opened her eyes up to see so many young people engaged in democracy. She said they are very motivated and I can only concur what I see on X (Shitter) with the likes of Victor Shi, Maxwell Frost, and David Hogg. I think this last statement of Barb’s should be our mantra “Truth is our national purpose”.
Disinformation – Kellyanne Conway coined the appropriate MAGA term for it practically on Day One of the trump term: alternative facts. Someone (I presume Bannon) obviously was an eager and appreciative study of how the Nazis came to power and kept it in Germany in the 30s. Joseph Goebbels would be proud of him.
Marlene. First- I just want to tease out what you meant: “… know the truth and not engage in snark online.
I’m particularly bitter this fine morning. SCOTUS. Damn. So if this response is long in the tooth… just ignore my babbling.
I get the ‘know the truth’ part (I always check different sources to make sure I have it ‘right’ before I share information and I suggest that others do to.
What do yo mean by don’t engage in snark? I, personally, will typically start a response to some snarky BS with “where do you get your news” and end with a one liner with accurate info and cite with factual information (never citing with MSMBC or CNN (that will set them off every time)). I don’t argue, allow one or two volleys then I state that ‘I’m out’.
My thought is this: simple pushback with accurate info is all you can do and it’s what you should do. I think we should engage for the sole purpose of saying the accurate information out loud so the words are written and delivered. Knowing these Neanderthals won’t listen is frustrating but I won’t let them silence me with inaccurate information.
One work around to the snark! : I had to change my name on Xitter because the only response they could come up with was “spoken like a true Karen”. I mean my GAWD- they want to dismantle the democracy of the United States of America and their only argument is that my name is Karen. *&$ *!^$#!t
If these Neanderthals get what they want they will be looking with deer in the headlight eyes when trump screws them, and us, once and for all. Trump will walk across their bodies dead or alive to get what he has promised – all the money for him and his handful of pals, and all the power for him.
OK; I’ve asked you for clarification and I’ve lobbed a few rocks across trump river. I just can’t help my own self!
Karen, you made me laugh this morning! I, too, changed my name on X because I had gotten knocked off so many times for the sharp 💩 that I said. I haven’t been kind but when I have encountered people who take the trump side, I just say “ I believe you feel that way” and then leave. No snark, no smirks, no cussin’. They are left dead in their tracks because they don’t get what I said. Used it on my kids too, when they were young. 😀
I’ll concede that what I’m about to criticize has taken place on liberal courts as well, but, when a ruling defies what we are reading with our own eyes, those making the ruling lose credibility. As a non-lawyer, I feel talked down to when pages of rationale are written explaining to me that I’m not correctly reading the words I just read.
So, yesterday was not a surprise. The defining moment for me, however, was not Dobbs. It was when the Supreme Court permitted Texas SB 8, Texas’s abortion provider “bounty” law, a law clearly unconstitutional when passed, to remain in effect in Texas until the Court heard the case and of course overturned Dobbs.
The clear, chilling message to me was that the Supreme Court was in a new era—ignoring unconstitutional laws to proceed if they liked the law and replacing or ignoring Constitutional text not to their liking.
I agree with Robert—court reform is a huge need—we’re living in a rudderless rule of law society when the law becomes what particular courts want it to be.
I am donating and writing postcards. I will be doing all I can to get voters out for Biden and NJ Democrats. But if there was a bus trip to Washington for a demonstration against this reactionary majority, I’d definitely go. Like the Women’s March in 2017. Why aren’t we taking to the streets in protest?
I'm an election clerk in LA County and have to be in at 6am, so I'll come back and read the SCOTUS details later. The past three days have been spotty attendance at the vote center, although yesterday (Monday) it picked up. Highlights -> several first-time voters, including two new citizens!!!! Some interesting research and discussion among a few of us clerks about the non-partisan vote, why ALL the candidates for ALL the offices aren't on the ballot, etc....sure 'nough a voter was annoyed (kinda sharing our sentiments, although we didn't let on) and asked and we were able to explain.
Anyhow, the polls are open in two hours so c'mon in!!!!! We're waiting on you!!!! Lots is at stake even in the Primary, including SCOTUS. Lookin' at you, Dems!!!!! 💙
Important focus must be given to GenZs. They have 30 million votes than they had in 2016. They may live another 70÷ years. However you approach them, they must take this more seriously than anything that has occurred to them so far in their lives. Fixing the court can be dome if there is a Democratic sweep. Without it, impossible to retrieve.
And let’s add black women to this, too. They drive the Democratic votes in the South. Without their support and tenacity, Dems would be in constant hot water.
Spelled out in black and white, even more shocking. I would say unbelievable except Donald Trump and his henchmen have shown us almost nothing bad is unbelievable anymore.
This is primary day in Massachusetts and I will be at the polls soon, proudly casting my vote for President Biden.
In many addiction programs the first step is always to admit “ I am (as an example) an alcoholic “. We as concerned citizens must step up admit “ our Democracy is under threat and our government is badly broken” . Too many voters are in denial or either unaware or don’t care at all. All of us and the Biden Administration must focus not as much on past accomplishments but paint a picture about what we are going to do about the threats to our democracy and how we are going to fix a broken government. We need straight answers about what we want to do about reproductive rights, humane and effective immigration policies and the plans to pass immediate and effective policies and laws through a filibuster if necessary and fix the Supreme Court political bias. The reality is we need to elect not only Joe Biden as President we need to elect a new team of legislators up and down the ballot to insure an effective and functioning government will require the same unification of the country experienced when we were attacked on 9/11 because we are under attack today only this time from within.
💙 Jill’s video. Thank You ! Mom was a Wave (aviation metalsmith) and would have been 104. I still have her garrison cap and dog tags. Dad was also an enlisted Navy aviation metalsmith. They loved airplanes and were such proud veterans.
Maybe there is good in all this. It is becoming harder by the hour for those who love democracy to vote for the Destructor and his party. And I believe there are far more of us than there are of them. Have faith, work hard, speak up sanely, and we can do this.
A great commentary, Rob! You nailed it all. We got screwed, again, by the Court. And by Justice Thomas. Very painful. I suppose we should get ready for more. And you're right: our path to victory is getting out the vote. And the polls are more screwed up than meets the eye. Try reconciling all of the polls. Nutty stuff. What the polls tell us is that we can and should win ths election. But we have to fight for it! We have to GOV!
Absolutely true about the Court. But not at all surprising. Of course, it's always been about the ballot box.
But can we draw some attention to Texas Gov. Abbott saying that he has "the legal authority to control ingress and egress to any geographical location" in Texas? Uh, doesn't that mean he thinks he can control anyone coming or going? Perhaps he's planning to patrol the entire border of Texas, questioning the purpose of anyone crossing in either direction What??
Lucky for me, I have no desire to visit Texas ever again.
Unfortunately many Texan voters agree with him.
Thank you, Robert, for your outstanding analysis.
SCOTUS has now condoned and sanctioned the overthrow of our government by any political party that controls a single house of Congress since that one party can prevent the enactment of any enforcing legislation. Based on this decision, Section 3 isn't worth the parchment it's written on.
Taking this a step further, the 5-4 majority is effectively saying that Congressional legislation is required enforce Sections 1, 2 and 4. (I am not knowledgeable enough to know whether there is such existing legislation, but if there isn't, then woe be unto us, especially if Trump or an equally malevolent person and party ever get hold of government.
As you say, the only thing left to do is: Elect Democrats. Reform the Court. Defend the Constitution. Preserve Democracy.
Time to get to roll up our sleeves and get to work. Tomorrow is primary election day here in California. If it's election day for you, VOTE. And, as you say, Robert "tell a friend!" We need to elect the best and the brightest Democrats and independents who can defeat every Republican up and down the November ticket.
Very good points!!
I want a t-shirt that says, in this order:
Protect Democracy.
Defend The Constitution.
Reform The Court.
Elect Democrats.
VOTE BLUE
Good point on the value of the paper! To the maga 6 on the court most of the constitution falls into that category!
For the record the decision was constitutionally correct regarding the law what was upsetting was how the judges voted and justified their decisions and the impact it could have. They were bulled into the decision
Sorry, but apart from the section declaring that states may not bar candidates for federal offfice, the majority got it totally wrong. And the first part is arguable.
Jin I hear you but please read this. We can start from what is clear: Section 3 of the Fourteenth Amendment says plainly that oathbreaking insurrectionists are in fact ineligible to hold federal office. We can also presume that normally, it’s up to the states to assess federal ballot eligibility, including age and birthright citizenship. So why not also let the states decide whether someone is an ineligible insurrectionist, just as Colorado did?
This is what lawyers often call a “floodgates” problem—as in, such a ruling would open the floodgates to a host of other problems. It’s a version of “Pandora’s box” of Greek legend. If the Court allowed Colorado to disqualify Trump, given our current broken politics, a great deal of mischief would likely ensue.
At a certain level I agree with this because my fear would be how the Republicans in red states would or could abuse this.
Yet, Stephen, the Supreme Court could have ruled that the legal process worked: the State of Colorado adjudicated the matter SUBJECT TO an appeal to the SCOTUS at which point, SCOTUS could have decided the matter based on the previous judicial record, the historical record and the actual text of the Constitution. Instead, they unilaterally amended the plain language self-authorizing language of Section 14.3 and set forth an untenable process that grants any political party with sufficient power to prevent legislation the right to overthrow our democratically-elected government. They literally put the fox in charge of the hen house!
This is not right in either respect. No one who understands how presidential elections are structured could interpret the constitution as the court did. More likely, the court acted in craven fear of right-wing backlash if they followed the constitution.
The states don’t have the right to kick someone off the ballot for a presidential race. It’s clear in the constitution and everything else was bullshit.
Stephen, can you point us to the specific sections to which you refer? Thanks….ASB
I can’t help but have the opinion that this erroneous decision was decided by at least two justices being on the “take”. They are doing so much damage to the credibility of the Supreme Court.
Judge Roberts has to assume some responsibility here
May be a long climb but Democracy is NOT going down. We’ve been there- done that. Fights on!
So Robert, thank you for providing Jill’s loving video about the WACS and the WAVS that her mom & aunt were a part of. I could tell it was a little emotional for her. It certainly was for me.
Tonight (poor Lynell, she’s going to hear this story more than once) I attended a talk with Barb McQuade and Joyce Vance. I went via YouTube as it was being held at the Commonwealth Club in San Francisco. Highly educational and fun! Barb has written a book called “Attack From Within” which is about the disinformation we are receiving by the news shows, social media, and newspaper reporters. She explained the difference between disinformation and misinformation. Disinfo: Deliberate use of lies, malicious acts. Misinfo: May be telling lies without realizing it such as word of mouth, grapevine. What she emphasized is that we have to know when we are being manipulated. For instance: headlines in newspapers. You know they all drive us crazy! Headlines are clickbaits and they drive the profits. We know that but she said the government must destroy Citizens United (thank you Justice Roberts!) which allows corporations and labor unions to have no restrictions in giving money to candidates campaigns. Secondly, the government must demand who is giving that money. Thirdly, social media must reduce misinformation by disclosing their algorithms purposes. Fourthly, disinformation is using voting as fraud to make it harder to vote for POC, the poor, and students. They are squeezing the public by denying early voting, drop-in ballot boxes, no water or food to be given to people in line, etc. The bottom line is that we, the people, have to know the truth and not engage in snark online. Believe me, that’s so hard not to do for me! Barb said that this book tour has opened her eyes up to see so many young people engaged in democracy. She said they are very motivated and I can only concur what I see on X (Shitter) with the likes of Victor Shi, Maxwell Frost, and David Hogg. I think this last statement of Barb’s should be our mantra “Truth is our national purpose”.
Disinformation – Kellyanne Conway coined the appropriate MAGA term for it practically on Day One of the trump term: alternative facts. Someone (I presume Bannon) obviously was an eager and appreciative study of how the Nazis came to power and kept it in Germany in the 30s. Joseph Goebbels would be proud of him.
Marlene. First- I just want to tease out what you meant: “… know the truth and not engage in snark online.
I’m particularly bitter this fine morning. SCOTUS. Damn. So if this response is long in the tooth… just ignore my babbling.
I get the ‘know the truth’ part (I always check different sources to make sure I have it ‘right’ before I share information and I suggest that others do to.
What do yo mean by don’t engage in snark? I, personally, will typically start a response to some snarky BS with “where do you get your news” and end with a one liner with accurate info and cite with factual information (never citing with MSMBC or CNN (that will set them off every time)). I don’t argue, allow one or two volleys then I state that ‘I’m out’.
My thought is this: simple pushback with accurate info is all you can do and it’s what you should do. I think we should engage for the sole purpose of saying the accurate information out loud so the words are written and delivered. Knowing these Neanderthals won’t listen is frustrating but I won’t let them silence me with inaccurate information.
One work around to the snark! : I had to change my name on Xitter because the only response they could come up with was “spoken like a true Karen”. I mean my GAWD- they want to dismantle the democracy of the United States of America and their only argument is that my name is Karen. *&$ *!^$#!t
If these Neanderthals get what they want they will be looking with deer in the headlight eyes when trump screws them, and us, once and for all. Trump will walk across their bodies dead or alive to get what he has promised – all the money for him and his handful of pals, and all the power for him.
OK; I’ve asked you for clarification and I’ve lobbed a few rocks across trump river. I just can’t help my own self!
Karen, you made me laugh this morning! I, too, changed my name on X because I had gotten knocked off so many times for the sharp 💩 that I said. I haven’t been kind but when I have encountered people who take the trump side, I just say “ I believe you feel that way” and then leave. No snark, no smirks, no cussin’. They are left dead in their tracks because they don’t get what I said. Used it on my kids too, when they were young. 😀
I like your strategy!” I believe you feel that way” – I think I’ll use it when hubs tries one of his garden variety narcissistic statements!
👏🏼👏🏼👍🏼
I’ll concede that what I’m about to criticize has taken place on liberal courts as well, but, when a ruling defies what we are reading with our own eyes, those making the ruling lose credibility. As a non-lawyer, I feel talked down to when pages of rationale are written explaining to me that I’m not correctly reading the words I just read.
So, yesterday was not a surprise. The defining moment for me, however, was not Dobbs. It was when the Supreme Court permitted Texas SB 8, Texas’s abortion provider “bounty” law, a law clearly unconstitutional when passed, to remain in effect in Texas until the Court heard the case and of course overturned Dobbs.
The clear, chilling message to me was that the Supreme Court was in a new era—ignoring unconstitutional laws to proceed if they liked the law and replacing or ignoring Constitutional text not to their liking.
I agree with Robert—court reform is a huge need—we’re living in a rudderless rule of law society when the law becomes what particular courts want it to be.
I am donating and writing postcards. I will be doing all I can to get voters out for Biden and NJ Democrats. But if there was a bus trip to Washington for a demonstration against this reactionary majority, I’d definitely go. Like the Women’s March in 2017. Why aren’t we taking to the streets in protest?
While we still can.
I took my girls to DC for the Women’s March in 2019. They loved being there.
I'm an election clerk in LA County and have to be in at 6am, so I'll come back and read the SCOTUS details later. The past three days have been spotty attendance at the vote center, although yesterday (Monday) it picked up. Highlights -> several first-time voters, including two new citizens!!!! Some interesting research and discussion among a few of us clerks about the non-partisan vote, why ALL the candidates for ALL the offices aren't on the ballot, etc....sure 'nough a voter was annoyed (kinda sharing our sentiments, although we didn't let on) and asked and we were able to explain.
Anyhow, the polls are open in two hours so c'mon in!!!!! We're waiting on you!!!! Lots is at stake even in the Primary, including SCOTUS. Lookin' at you, Dems!!!!! 💙
Thank you, Beth, for your service.
Thank you for being on the front line.
Lets put it in one simple word: Betrayal.
Of the kind German judges participated in throughout the 30's and 40's in Germany when they betrayed the German people.
Important focus must be given to GenZs. They have 30 million votes than they had in 2016. They may live another 70÷ years. However you approach them, they must take this more seriously than anything that has occurred to them so far in their lives. Fixing the court can be dome if there is a Democratic sweep. Without it, impossible to retrieve.
And let’s add black women to this, too. They drive the Democratic votes in the South. Without their support and tenacity, Dems would be in constant hot water.
He is not going to win, Lynell, my friend. He’s not, because I have deemed it so!
Well then, ok!
Spelled out in black and white, even more shocking. I would say unbelievable except Donald Trump and his henchmen have shown us almost nothing bad is unbelievable anymore.
This is primary day in Massachusetts and I will be at the polls soon, proudly casting my vote for President Biden.
In many addiction programs the first step is always to admit “ I am (as an example) an alcoholic “. We as concerned citizens must step up admit “ our Democracy is under threat and our government is badly broken” . Too many voters are in denial or either unaware or don’t care at all. All of us and the Biden Administration must focus not as much on past accomplishments but paint a picture about what we are going to do about the threats to our democracy and how we are going to fix a broken government. We need straight answers about what we want to do about reproductive rights, humane and effective immigration policies and the plans to pass immediate and effective policies and laws through a filibuster if necessary and fix the Supreme Court political bias. The reality is we need to elect not only Joe Biden as President we need to elect a new team of legislators up and down the ballot to insure an effective and functioning government will require the same unification of the country experienced when we were attacked on 9/11 because we are under attack today only this time from within.
💙 Jill’s video. Thank You ! Mom was a Wave (aviation metalsmith) and would have been 104. I still have her garrison cap and dog tags. Dad was also an enlisted Navy aviation metalsmith. They loved airplanes and were such proud veterans.
Maybe there is good in all this. It is becoming harder by the hour for those who love democracy to vote for the Destructor and his party. And I believe there are far more of us than there are of them. Have faith, work hard, speak up sanely, and we can do this.
A great commentary, Rob! You nailed it all. We got screwed, again, by the Court. And by Justice Thomas. Very painful. I suppose we should get ready for more. And you're right: our path to victory is getting out the vote. And the polls are more screwed up than meets the eye. Try reconciling all of the polls. Nutty stuff. What the polls tell us is that we can and should win ths election. But we have to fight for it! We have to GOV!