Two items. 1. I believe Tommy the traitor is pulling a "McConnell" in holding the military promotions in hopes TFG wins and then put "loyal" officers in the ranks against the American publuc. 2. The attempted "end run" in the Ohio legislature echo Bibi's same try in Isreal to negate the courts rulings by giving the power to the Knesset.
Hi, Michal. Thanks for raising this concern, which had not made its way into my consciousness. I hope that is not what is happening. It may be unfair, but my impression of Tommy Tuberville is that he is too stupid to engage in such long-term thinking. But it may be that he is the instrument of MAGA extremists who are thinking ahead.
I understand fear that the military will be compromised. And I understand the fear that it will be used against the American people. I don't believe that will happen. We have an all volunteer force--they are us. And almost all of them take seriously their oath to defend the Constitution. They know that military force is not permitted against US civilians on US soil.
Tuberville does not appear to be the sharpest knife in the drawer by any means. Apart from that, there is reporting that connects him directly with Trump and Giuliani on Jan 5, 2021, though some of the details are unclear.
It's not hard to draw the inference that Tuberville's stated objection to the military's medical-support policy is but a pretext for the ulterior goal of leaving a pathway into the top levels of military command for the replacement of key officers with fascists or fascist sympathizers. Recent reporting about the extensive and detailed planning by Trump et al., to turn government agencies into instruments of autocratic power, use the military to suppress any dissent, etc., make it all but impossible to avoid that inference.
It's hard not to be concerned about Tuberville's motives. He was one of the senators Trump called on January 6 to encourage him to slow the certification of the election results. Tuberville had been in office 3 days. It reminds me of Greene, who participated in a December meeting to plan the overturning of the election before she was even sworn in.
Thank you for thr link. I have to hope you are correct. I almost lost hope during the Watergate debacle, even so far as to file papers to.emigrate to Canada. Fortunately our system prevailed. But that system has been compromised at so many levels it is hard for mevto continue to trust it. SCOTUS being evident of the decline of thst trust.
The depth of the skulduggery of the MAGA has made me weary of any of their "tricks".
I had the privilege of attending a lecture by scholar and historian Ruth Ben-Ghiat this past Saturday evening. She went through a series of milestone actions and reactions from 45 and allies since 2015, directly linking each one to the fascist/authoritarian playbook. No surprises, all predictable and very much intentional. Including the long-term play by Tommy the traitor to destabilize (my word not hers) the military, and as you say Michael, replace the officers with loyalists. Abortion is the smoke screen.
Rose, outstanding reference. Last Wednesday, I attended an online Zoom discussion with Ruth Ben-Ghiat presented by Jews United for Democracy and Justice (https://www.jewsunitedfordemocracy.org/?mc_cid=da8aea59f0&mc_eid=c42f0c7789). I highly recommend signing up for their online series as well as making a donation to support their effort to "safeguard the principles and foundations of our constitutional democracy." I also recommend buying Ms. Ben-Ghiat's book Strongmen: Mussolini to the Present.
As you correctly point out, Tuberville's (and previously McConnell's and now, Netanyahu's) judicial actions are consistent with the Authoritarian/Fascist playbook: control the courts and you control the power.
Another great source for those interested in understanding how Authoritarians coalesce power and usurp government is the International Center on Nonviolent Conflict (ICNC). A Washington think-tank, they have studied coup d'tats for years and present information that is informative and, sadly, appropriate. In particular, they reference a paper called "The Anti-Coup" published by The Albert Einstein Institution, that describes how coups occur and how best to defend against a coup. Their effort was intended to prevent coups in foreign nations. Who would have ever thought we would need to prevent a coup here! Links are below.
One last note: yesterday or the day before Robert reminded us that while Republicans think they can usurp our government and install a wannabe dictator, WE have the tools and resources at our disposal to fight back using non-violent methods (e.g. strikes and massive political rallies) described by the ICNC.
I also saw Ruth Ben-Ghiat’s presentation on Jews United for Democracy and Justice; it was excellent and insightful. I believe copies of Jews United talks/interviews are available online.
Ambassador Dennis Ross spoke about Israel a few days before Ruth Ben-Ghiat, incidentally.
Massive political rallies: Baby Boomers and The Silent Generation can offer ourselves -- many of us are retired and want to help our children and grandchildren. Together we make a huge demographic! Let's go to Washington and support Joe Biden's re-election. Take it to The Streets!!!
I love the talks on JUDJ - Wednesdays at 5 PT via Zoom; free. Register ahead. Available a few hours later on You Tube under "America at a Crossroads." Great guests and interviewers.
Thank you for the analogy Ohio/Bibi N. Both display narrow self interest at the expense of democratic standards/values. I don’t know how to resist Ohio’s gerrymandered districts, but I hope and pray that Netanyahu will be forced to go at the end of the devastating war in Gaza.
Michael, excellent observations. I thought exactly the same thing w/r/t the Ohio legislature's effort to usurp the judiciary's role enforcing Rule 1: Netanyahu. At the same time, I had not considered Tuberville's effort in the same vein as McConnell's unconstitutional usurpation of the Court. Good point.
I agree with the *policy* views you expressed. However, both McConnell’s and Netanyahu’ actions have been *legal*, albeit in a narrow sense.
Blame the openings that existed for McConnell and Netanyahu – and the people who didn’t close off the openings – as much as McConnell and Netanyahu themselves.
Michael, while I am not an attorney, I question the constitutionality of McConnell's actions. Art II, Sec. 2, Paragraph 2 says, the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint. . . Judges of the Supreme Court." The same is true for treaties. Seems to me that the Senate has an obligation to provide advice and consent, even if that action is a denial. To this day, I wish Obama had first used the bully pulpit to discredit McConnell's effort and, failing that, litigated the matter. We may have lost but at least the rules would be clear and the public would have been better informed prior to the 2016 election.
I was going to write the same thing. Robert; it's not that T.Tubby is too stupid to think of it, it's that he's in thrall to D Rump, and we know his future agenda; to destroy everything he can, to put cronies in power wherever he can, including the military.
My postcard group wrote to Chief Justice Roberts yesterday morning. All were variations on what a sham the new "Code" is. My last sentence was "Do you really think we are that gullible?"
Thank you, Robert, for inviting people to join Heather’s Herd, a group of grassroots activists, in the course of organizing your HCR book giveaway project. And thank you to everybody who applied. It’s a pretty big number to deal with all of a sudden, but know that we will get to each and every one of you. Thanks!
Robert - I have a more dystopian view on the Tuberville military holds: He's trying to gum up the works (including encouraging unanticipated early resignations) to clear the field for highly politicized appointments by Trump. Effectively turbo-charging the dystopian "Project 2025". Stephen Miller's plan to create a patriarchy ruled by guys like him.
Yes. You put it better than I did in my comment above. Tuberville is just a simple tool in the hands of the Project 2025 architects, who aim to impose permanent fascist, white-supremacist rule.
Is anyone surprised that House Democrats were the governing minority yesterday? Don’t we all know that one party is interested in governing, while the other only wants to sow doubt, fear and chaos?
Robert - would appreciate your take on the apparent media coup handed Trump by Univision. Though hard to believe at first blush, it appears that the nations #1 hispanic cable system has gone all in for Trump.
It's further evidence of the Defendant's plan to attack from all angles. So far, he and his "echo"lytes and "sicko"phants have cast doubt on our elections; stoked his base by playing the victim/martyr; created several 3rd party challengers; intimidated witnesses, jurists, jurors, and prosecutors in his many court cases; gerrymandered; stymied progress in Congress and blamed it on Dems; screwed up the economy, the southern border, our global standing, and the environment, and are standing in the way of Dems trying to clean up the mess; devalued Twitter/X; staged a coup and set the stage for another; and has now apparently bought the support of perhaps the most important media source for a large part of our population so he can feed them his fact-free, irony-rich word salad doused with window dressing. I'm sure we'll see more fronts open up between now and next November.
How is it that the Ohio legislature can determine how to implement issue 1 when issue 1 is no longer issue 1? It is now enshrined in the Ohio Constitution which should be determined as to legality by the Ohio Supreme Court. I think the ship has sailed and the legislature has been left in port.
Legislators generally can set the jurisdiction of courts. Indeed, Robert has mentioned that Congress could limit the jurisdiction of the Extreme Court and thus limit the damage. But the Ohio legislature would have a problem. Will legislators act as judges to hear and decide cases against those who violate the now-unconstitutional abortion laws they want to reinstate? Not likely. And not likely that even “conservative” Ohio voters would be happy with that.
I just did some quick research. I don't think the Ohio legislature can limit the jurisdiction of the courts in Ohio to prevent review of other laws.
Per the Ohio Constitution, "The judicial power of the state is vested in a supreme court, courts of appeals, courts of common pleas and divisions thereof, and such other courts inferior to the Supreme Court as may from time to time be established by law."
Trial courts (courts of common pleas): "The courts of common pleas and divisions thereof shall have such original jurisdiction over all justiciable matters . . . " The right of review over administrative matters is subject to laws enacted by the legislature.
Appellate courts have jurisdiction over "any cause on review as may be necessary to its complete determination."
The Ohio Supreme Court has original jurisdiction over "Cases involving questions arising under the constitution of the United States or of this state."
So, as I read the above, the Ohio Supreme Court has original jurisdiction over constitutional challenges to Ohio statutes under the Issue 1 amendment.
I just went back and checked my research. The court of common pleas has "such original jurisdiction" . . . [a bunch of words] as may be provided by law."
But the Ohio Supreme Court still has original jurisdiction over "Cases involving questions arising under the constitution of the United States or of this state."
Which means any law has to provide for direct appeal to the Ohio Supreme Court--or else the Ohio Supreme Court can strike down the law that fails to do so?
Thanks, a reasonable reassurance, which reminds us how much of the right's blustering "challenges" and warnings are irrational and yet cause us to run around in appropriate worry and planning and, worse, begin to normalize crazy and heinous behavior. An example of this, of course, is Trump's call for the "citizens [sic] arrest" of Judge Engoron and NY Attorney General James, which could easily be construed as a call to vigilante justice and crimes to support the boss.
Jon is right, but I note that the US Constitution explicitly provides that Congress determines the appellate jurisdiction of the Supreme Court. The question in Ohio is whether the jurisdiction of the courts is set by the legislature of the Constitution. I expect that will become a hot topic of discussion among legal commentators soon! If anyone knows the answer already, please share!
I am really interested in the reasoning (if any). Would a legislature be able to deprive a court of, say, the ability to hear fraud cases? Of of interpreting ANY aspect of a state constitution that displeased it?
The ability of Congress to limit the jurisdiction of the Extremes is primarily a practical matter--that court clearly can't hear everything. But apart from matters of Federal/State intersection, and a minimum monetary limit, has it ever tried to limit the purview of the Federal District courts? Has it EVER been able to limit the question of interpretation of the very constitution under which it is constituted?
The US Constitution grants very limited original and appellate jurisdiction to federal courts and provides that Congress can establish by "regulation" additional jurisdiction. See the note above about my research on the Ohio Constitution.
To Robert’s ‘Concluding Thoughts.’ – This morning wasn't the first time I was tearful while reading ‘Today’s Edition Newsletter,’ this place of community, of like-minded people.
I'm counted among the seniors whose life has changed dramatically since COVID, until now. It's been nearly four years since I've gathered with my family for the holidays, and outside of the holidays.
Over time, I've had masked contact with select family members, to support them in their medical and social needs. Though I'm venturing out, literally, to be with family for (the day after) Thanksgiving. With several proud MAGA Republican family members, I am hoping (and attempting to prepare) that I maintain a degree of calm and civility and graciousness at our gathering. Somehow.
Has COVID given me cover to distance myself from my family. Without a doubt. Still, real fears remain, about COVID, and the unfolding story of White Christian Nationalism, and Maga extremism. And for what’s at risk for the most vulnerable among us, and for us all.
So, today, I want to express what I feel day-to-day. To Robert and to his wife and managing editor, Jill, to your daughters and other family members, little ones included, and most especially – thank you. Your ‘continued dedication and persistence’ has served as an example through which this community has been built. And it has sustained me in some of the darkest of times, even now. It is through this community that I have witnessed the commitment of individual readers who engage in acts of courage and change; and where I look to those whose authentic expressions of curiosity contribute to this unfolding conversation.
This place has introduced me to individuals and communities beyond it, confronting the compelling questions of our time, as we witness and seek to respond to the suffering in our world. And it is within this community and extensions of it, that I attempt to move beyond despair – to small gestures of compassionate action, for all that is a stake, close in, as close as I am to myself, and very far from me and us all. As I read in a Buddhist community publication earlier, “community is essential for affecting social change.” So here we are. And I’m grateful to be here.
Jean, thank you for this poignant reflection. We are so happy to have you as part of our community, and proud of our dad for creating this space. Wishing you a lovely Thanksgiving. ❤️
Jennifer, I am honored to receive your kind words. And I can only imagine how proud you are of your dad’s creation of this space. Return wishes for a lovely Thanksgiving to you and yours. 💖
Hi, Jean. I am humbled by your comment. I may highlight it in the newsletter--at least the parts that discuss your experience with the impacts of Covid on socialization adn the importance of community. I think this is a bigger problem than we recognize. I hope that's okay? Stay strong! and thanks again for your kind comments.
Hello, Robert. It’s certainly okay with me if you'd like to highlight any part of it, wherever useful. Today’s Edition Newsletter has become a refuge for me. And a community where I’ve been moved to individual and collective action. Seems to me I’m in good company. So, thank you.
Jean, I'm sure there are many of us, myself included, who feel the same way. This newsletter has been a lifeline in times of high anxiety and sometimes despair or depression. How lovely of you to stop and share how it's helped you.
After Dobbs, Republicans “assured” their constituencies that they, the voters, would determine whether or not abortion was legal in their state and if legal, voters would determine the time frame for abortions. Tuesday Ohio Republican politicians showed their true colors. Despite Ohio voters’ approval of abortion being legal, the Ohio Rs plan to negate their voters’ choice.
But their plan all along was to get to a national ban. So far, voters seem pretty determined to prevent any nonsense once they recognize it. Let's hope they (we) keep it up!
If you live in Ohio, make noise about the legislature’s move to subvert the will of the people in the recent election. Contact your legislators. Do it often. Tell your friends and neighbors to do the same. That’s what happened in Wisconsin and they backed off the impeachment idea.
"Republicans in the Ohio legislature have drafted a bill that would strip Ohio courts of jurisdiction over cases involving the constitutional right to make reproductive decisions". If this passes, I encourage the DNC to broadcast it and plaster bill boards and bus wraps with this info all over the major college towns like Columbus, Athens, Kent, and Miami. If students start voting with their feet, maybe their representatives will listen.
I am confident Biden will win. I am confident that Dems will retake the House. The Senate will be iffy. What does it means if the results are close? A deeply divided nation remains. Really what do i have in common with people in Oklahoma where its voters put in place a moron as senator who was a former plumber and cage fighter? Nothing against either profession but in my state one of our senators is a retired Harvard Law School professor and the other is a former lawyer. I say all of this because the Guardian ran a story about 84-year-old Bernie Sanders breaking up a near fist fight when the former cage fighter challenged a witness to get off his butt and duke it out. Sanders yelled “Sit down! You are a Senator.” Across the hall in the House Kevin McCarthy socked one of his Republican colleagues from Tennessee in the gut while being interviewed by a reporter. All three support an infantile bully who once slammed a ketchup bottle against the wall of his White House dining room. What a country.
Finishing my coffee with Podhozer's essay, this point early on strikes me as essential: "Every election within the margin of error is within the margin of our efforts to shape the outcome."
Two items. 1. I believe Tommy the traitor is pulling a "McConnell" in holding the military promotions in hopes TFG wins and then put "loyal" officers in the ranks against the American publuc. 2. The attempted "end run" in the Ohio legislature echo Bibi's same try in Isreal to negate the courts rulings by giving the power to the Knesset.
.
Hi, Michal. Thanks for raising this concern, which had not made its way into my consciousness. I hope that is not what is happening. It may be unfair, but my impression of Tommy Tuberville is that he is too stupid to engage in such long-term thinking. But it may be that he is the instrument of MAGA extremists who are thinking ahead.
I understand fear that the military will be compromised. And I understand the fear that it will be used against the American people. I don't believe that will happen. We have an all volunteer force--they are us. And almost all of them take seriously their oath to defend the Constitution. They know that military force is not permitted against US civilians on US soil.
And applied properly, the Insurrection Act applies only to restore order after a rebellion, insurrection, or general inability to enforce federal law. Civil protests are not rebellion. See https://www.brennancenter.org/our-work/research-reports/insurrection-act-explained#:~:text=What%20is%20the%20Insurrection%20Act,the%20law%20in%20certain%20situations.
Tuberville does not appear to be the sharpest knife in the drawer by any means. Apart from that, there is reporting that connects him directly with Trump and Giuliani on Jan 5, 2021, though some of the details are unclear.
It's not hard to draw the inference that Tuberville's stated objection to the military's medical-support policy is but a pretext for the ulterior goal of leaving a pathway into the top levels of military command for the replacement of key officers with fascists or fascist sympathizers. Recent reporting about the extensive and detailed planning by Trump et al., to turn government agencies into instruments of autocratic power, use the military to suppress any dissent, etc., make it all but impossible to avoid that inference.
https://www.alreporter.com/2021/01/27/trump-appointee-put-tuberville-in-jan-5-meeting-at-white-house-before-editing-post/
It's hard not to be concerned about Tuberville's motives. He was one of the senators Trump called on January 6 to encourage him to slow the certification of the election results. Tuberville had been in office 3 days. It reminds me of Greene, who participated in a December meeting to plan the overturning of the election before she was even sworn in.
Thank you for thr link. I have to hope you are correct. I almost lost hope during the Watergate debacle, even so far as to file papers to.emigrate to Canada. Fortunately our system prevailed. But that system has been compromised at so many levels it is hard for mevto continue to trust it. SCOTUS being evident of the decline of thst trust.
The depth of the skulduggery of the MAGA has made me weary of any of their "tricks".
I had the privilege of attending a lecture by scholar and historian Ruth Ben-Ghiat this past Saturday evening. She went through a series of milestone actions and reactions from 45 and allies since 2015, directly linking each one to the fascist/authoritarian playbook. No surprises, all predictable and very much intentional. Including the long-term play by Tommy the traitor to destabilize (my word not hers) the military, and as you say Michael, replace the officers with loyalists. Abortion is the smoke screen.
Rose, outstanding reference. Last Wednesday, I attended an online Zoom discussion with Ruth Ben-Ghiat presented by Jews United for Democracy and Justice (https://www.jewsunitedfordemocracy.org/?mc_cid=da8aea59f0&mc_eid=c42f0c7789). I highly recommend signing up for their online series as well as making a donation to support their effort to "safeguard the principles and foundations of our constitutional democracy." I also recommend buying Ms. Ben-Ghiat's book Strongmen: Mussolini to the Present.
As you correctly point out, Tuberville's (and previously McConnell's and now, Netanyahu's) judicial actions are consistent with the Authoritarian/Fascist playbook: control the courts and you control the power.
Another great source for those interested in understanding how Authoritarians coalesce power and usurp government is the International Center on Nonviolent Conflict (ICNC). A Washington think-tank, they have studied coup d'tats for years and present information that is informative and, sadly, appropriate. In particular, they reference a paper called "The Anti-Coup" published by The Albert Einstein Institution, that describes how coups occur and how best to defend against a coup. Their effort was intended to prevent coups in foreign nations. Who would have ever thought we would need to prevent a coup here! Links are below.
One last note: yesterday or the day before Robert reminded us that while Republicans think they can usurp our government and install a wannabe dictator, WE have the tools and resources at our disposal to fight back using non-violent methods (e.g. strikes and massive political rallies) described by the ICNC.
https://www.nonviolent-conflict.org/about/our-work/
https://www.aeinstein.org/mission-work
https://www.nonviolent-conflict.org/wp-content/uploads/2016/03/The-Anti-Coup.pdf
I also saw Ruth Ben-Ghiat’s presentation on Jews United for Democracy and Justice; it was excellent and insightful. I believe copies of Jews United talks/interviews are available online.
Ambassador Dennis Ross spoke about Israel a few days before Ruth Ben-Ghiat, incidentally.
Massive political rallies: Baby Boomers and The Silent Generation can offer ourselves -- many of us are retired and want to help our children and grandchildren. Together we make a huge demographic! Let's go to Washington and support Joe Biden's re-election. Take it to The Streets!!!
Organizers? Help us make this happen!
I love the talks on JUDJ - Wednesdays at 5 PT via Zoom; free. Register ahead. Available a few hours later on You Tube under "America at a Crossroads." Great guests and interviewers.
Thank you for the analogy Ohio/Bibi N. Both display narrow self interest at the expense of democratic standards/values. I don’t know how to resist Ohio’s gerrymandered districts, but I hope and pray that Netanyahu will be forced to go at the end of the devastating war in Gaza.
Michael, excellent observations. I thought exactly the same thing w/r/t the Ohio legislature's effort to usurp the judiciary's role enforcing Rule 1: Netanyahu. At the same time, I had not considered Tuberville's effort in the same vein as McConnell's unconstitutional usurpation of the Court. Good point.
I agree with the *policy* views you expressed. However, both McConnell’s and Netanyahu’ actions have been *legal*, albeit in a narrow sense.
Blame the openings that existed for McConnell and Netanyahu – and the people who didn’t close off the openings – as much as McConnell and Netanyahu themselves.
Michael, while I am not an attorney, I question the constitutionality of McConnell's actions. Art II, Sec. 2, Paragraph 2 says, the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint. . . Judges of the Supreme Court." The same is true for treaties. Seems to me that the Senate has an obligation to provide advice and consent, even if that action is a denial. To this day, I wish Obama had first used the bully pulpit to discredit McConnell's effort and, failing that, litigated the matter. We may have lost but at least the rules would be clear and the public would have been better informed prior to the 2016 election.
I was going to write the same thing. Robert; it's not that T.Tubby is too stupid to think of it, it's that he's in thrall to D Rump, and we know his future agenda; to destroy everything he can, to put cronies in power wherever he can, including the military.
My postcard group wrote to Chief Justice Roberts yesterday morning. All were variations on what a sham the new "Code" is. My last sentence was "Do you really think we are that gullible?"
He knows we are not. He doesn't care.
Thank you, Robert, for inviting people to join Heather’s Herd, a group of grassroots activists, in the course of organizing your HCR book giveaway project. And thank you to everybody who applied. It’s a pretty big number to deal with all of a sudden, but know that we will get to each and every one of you. Thanks!
Robert - I have a more dystopian view on the Tuberville military holds: He's trying to gum up the works (including encouraging unanticipated early resignations) to clear the field for highly politicized appointments by Trump. Effectively turbo-charging the dystopian "Project 2025". Stephen Miller's plan to create a patriarchy ruled by guys like him.
Yes. You put it better than I did in my comment above. Tuberville is just a simple tool in the hands of the Project 2025 architects, who aim to impose permanent fascist, white-supremacist rule.
https://www.politico.com/news/2023/11/14/army-secretary-predicts-retirements-tuberville-blockade-00127109
Shades of 1934 Germany
Do you really think this football coach is that sophisticated?
Definitely not. But his paymasters are. And I think Steve Bannon and Stephen Miller are his tutors
...and his 'Bama electorate.
Is anyone surprised that House Democrats were the governing minority yesterday? Don’t we all know that one party is interested in governing, while the other only wants to sow doubt, fear and chaos?
Robert - would appreciate your take on the apparent media coup handed Trump by Univision. Though hard to believe at first blush, it appears that the nations #1 hispanic cable system has gone all in for Trump.
Almost commented last night but ran out of steam. will do tonight.
It's further evidence of the Defendant's plan to attack from all angles. So far, he and his "echo"lytes and "sicko"phants have cast doubt on our elections; stoked his base by playing the victim/martyr; created several 3rd party challengers; intimidated witnesses, jurists, jurors, and prosecutors in his many court cases; gerrymandered; stymied progress in Congress and blamed it on Dems; screwed up the economy, the southern border, our global standing, and the environment, and are standing in the way of Dems trying to clean up the mess; devalued Twitter/X; staged a coup and set the stage for another; and has now apparently bought the support of perhaps the most important media source for a large part of our population so he can feed them his fact-free, irony-rich word salad doused with window dressing. I'm sure we'll see more fronts open up between now and next November.
"echo"lytes and "sicko"phants 👏✅
Irony-rich
Too depressing to consider. We have to fight with all we have!
Joyce Vance also covered this in her most recent "Civil Discourse."
Link here: https://joycevance.substack.com/p/trump-on-univision
How is it that the Ohio legislature can determine how to implement issue 1 when issue 1 is no longer issue 1? It is now enshrined in the Ohio Constitution which should be determined as to legality by the Ohio Supreme Court. I think the ship has sailed and the legislature has been left in port.
Legislators generally can set the jurisdiction of courts. Indeed, Robert has mentioned that Congress could limit the jurisdiction of the Extreme Court and thus limit the damage. But the Ohio legislature would have a problem. Will legislators act as judges to hear and decide cases against those who violate the now-unconstitutional abortion laws they want to reinstate? Not likely. And not likely that even “conservative” Ohio voters would be happy with that.
I just did some quick research. I don't think the Ohio legislature can limit the jurisdiction of the courts in Ohio to prevent review of other laws.
Per the Ohio Constitution, "The judicial power of the state is vested in a supreme court, courts of appeals, courts of common pleas and divisions thereof, and such other courts inferior to the Supreme Court as may from time to time be established by law."
Trial courts (courts of common pleas): "The courts of common pleas and divisions thereof shall have such original jurisdiction over all justiciable matters . . . " The right of review over administrative matters is subject to laws enacted by the legislature.
Appellate courts have jurisdiction over "any cause on review as may be necessary to its complete determination."
The Ohio Supreme Court has original jurisdiction over "Cases involving questions arising under the constitution of the United States or of this state."
So, as I read the above, the Ohio Supreme Court has original jurisdiction over constitutional challenges to Ohio statutes under the Issue 1 amendment.
That's what I figured. Thanks for checking out the wording.
I just went back and checked my research. The court of common pleas has "such original jurisdiction" . . . [a bunch of words] as may be provided by law."
But the Ohio Supreme Court still has original jurisdiction over "Cases involving questions arising under the constitution of the United States or of this state."
Which means any law has to provide for direct appeal to the Ohio Supreme Court--or else the Ohio Supreme Court can strike down the law that fails to do so?
Thanks, a reasonable reassurance, which reminds us how much of the right's blustering "challenges" and warnings are irrational and yet cause us to run around in appropriate worry and planning and, worse, begin to normalize crazy and heinous behavior. An example of this, of course, is Trump's call for the "citizens [sic] arrest" of Judge Engoron and NY Attorney General James, which could easily be construed as a call to vigilante justice and crimes to support the boss.
OK! Thank you, Robert! That is good work, and good news.
Jon is right, but I note that the US Constitution explicitly provides that Congress determines the appellate jurisdiction of the Supreme Court. The question in Ohio is whether the jurisdiction of the courts is set by the legislature of the Constitution. I expect that will become a hot topic of discussion among legal commentators soon! If anyone knows the answer already, please share!
I am really interested in the reasoning (if any). Would a legislature be able to deprive a court of, say, the ability to hear fraud cases? Of of interpreting ANY aspect of a state constitution that displeased it?
The ability of Congress to limit the jurisdiction of the Extremes is primarily a practical matter--that court clearly can't hear everything. But apart from matters of Federal/State intersection, and a minimum monetary limit, has it ever tried to limit the purview of the Federal District courts? Has it EVER been able to limit the question of interpretation of the very constitution under which it is constituted?
The US Constitution grants very limited original and appellate jurisdiction to federal courts and provides that Congress can establish by "regulation" additional jurisdiction. See the note above about my research on the Ohio Constitution.
Let's hope, William!
To Robert’s ‘Concluding Thoughts.’ – This morning wasn't the first time I was tearful while reading ‘Today’s Edition Newsletter,’ this place of community, of like-minded people.
I'm counted among the seniors whose life has changed dramatically since COVID, until now. It's been nearly four years since I've gathered with my family for the holidays, and outside of the holidays.
Over time, I've had masked contact with select family members, to support them in their medical and social needs. Though I'm venturing out, literally, to be with family for (the day after) Thanksgiving. With several proud MAGA Republican family members, I am hoping (and attempting to prepare) that I maintain a degree of calm and civility and graciousness at our gathering. Somehow.
Has COVID given me cover to distance myself from my family. Without a doubt. Still, real fears remain, about COVID, and the unfolding story of White Christian Nationalism, and Maga extremism. And for what’s at risk for the most vulnerable among us, and for us all.
So, today, I want to express what I feel day-to-day. To Robert and to his wife and managing editor, Jill, to your daughters and other family members, little ones included, and most especially – thank you. Your ‘continued dedication and persistence’ has served as an example through which this community has been built. And it has sustained me in some of the darkest of times, even now. It is through this community that I have witnessed the commitment of individual readers who engage in acts of courage and change; and where I look to those whose authentic expressions of curiosity contribute to this unfolding conversation.
This place has introduced me to individuals and communities beyond it, confronting the compelling questions of our time, as we witness and seek to respond to the suffering in our world. And it is within this community and extensions of it, that I attempt to move beyond despair – to small gestures of compassionate action, for all that is a stake, close in, as close as I am to myself, and very far from me and us all. As I read in a Buddhist community publication earlier, “community is essential for affecting social change.” So here we are. And I’m grateful to be here.
Jean, thank you for this poignant reflection. We are so happy to have you as part of our community, and proud of our dad for creating this space. Wishing you a lovely Thanksgiving. ❤️
Jennifer, I am honored to receive your kind words. And I can only imagine how proud you are of your dad’s creation of this space. Return wishes for a lovely Thanksgiving to you and yours. 💖
Hi, Jean. I am humbled by your comment. I may highlight it in the newsletter--at least the parts that discuss your experience with the impacts of Covid on socialization adn the importance of community. I think this is a bigger problem than we recognize. I hope that's okay? Stay strong! and thanks again for your kind comments.
Hello, Robert. It’s certainly okay with me if you'd like to highlight any part of it, wherever useful. Today’s Edition Newsletter has become a refuge for me. And a community where I’ve been moved to individual and collective action. Seems to me I’m in good company. So, thank you.
Jean, I'm sure there are many of us, myself included, who feel the same way. This newsletter has been a lifeline in times of high anxiety and sometimes despair or depression. How lovely of you to stop and share how it's helped you.
Democrats: fighting for our future
Republicans: fighting for their past
Republicans: Fighting for an imagined past.
After Dobbs, Republicans “assured” their constituencies that they, the voters, would determine whether or not abortion was legal in their state and if legal, voters would determine the time frame for abortions. Tuesday Ohio Republican politicians showed their true colors. Despite Ohio voters’ approval of abortion being legal, the Ohio Rs plan to negate their voters’ choice.
Mmmm & determined by each state, not a national policy. What's that old saying? Oh yeah, actions speak louder than words. Hypocrites.
But their plan all along was to get to a national ban. So far, voters seem pretty determined to prevent any nonsense once they recognize it. Let's hope they (we) keep it up!
I especially liked this sentence from Podhorzer’s post:
"Every election within the margin of error is within the margin of our efforts to shape the outcome.
If you live in Ohio, make noise about the legislature’s move to subvert the will of the people in the recent election. Contact your legislators. Do it often. Tell your friends and neighbors to do the same. That’s what happened in Wisconsin and they backed off the impeachment idea.
https://occ.ohio.gov/content/how-call-your-legislator
highlighting this in tonight's newsletter. thanks!!
"Republicans in the Ohio legislature have drafted a bill that would strip Ohio courts of jurisdiction over cases involving the constitutional right to make reproductive decisions". If this passes, I encourage the DNC to broadcast it and plaster bill boards and bus wraps with this info all over the major college towns like Columbus, Athens, Kent, and Miami. If students start voting with their feet, maybe their representatives will listen.
If it’s not too late count me in on purchasing HCR’s book to pass on to someone who would like to read it. Deborah Middleton
Thanks Deborah! Here is the link to participate. https://docs.google.com/forms/d/e/1FAIpQLSeXbQ9DbZv9G7EqCJB3fZgxTwzyUelYNnYc-nSv6sQIXkwuEw/viewform?usp=sf_link
I am confident Biden will win. I am confident that Dems will retake the House. The Senate will be iffy. What does it means if the results are close? A deeply divided nation remains. Really what do i have in common with people in Oklahoma where its voters put in place a moron as senator who was a former plumber and cage fighter? Nothing against either profession but in my state one of our senators is a retired Harvard Law School professor and the other is a former lawyer. I say all of this because the Guardian ran a story about 84-year-old Bernie Sanders breaking up a near fist fight when the former cage fighter challenged a witness to get off his butt and duke it out. Sanders yelled “Sit down! You are a Senator.” Across the hall in the House Kevin McCarthy socked one of his Republican colleagues from Tennessee in the gut while being interviewed by a reporter. All three support an infantile bully who once slammed a ketchup bottle against the wall of his White House dining room. What a country.
Finishing my coffee with Podhozer's essay, this point early on strikes me as essential: "Every election within the margin of error is within the margin of our efforts to shape the outcome."