Please be more patient with President Biden. He has made the proper response but later than you desire (by two weeks). I think with so very many issues to be dealt with, including important international trips and successes, our expectations are not in line with reality. He is playing “whack a mole” as so many demands are made.
Regarding the restaurant situation with Kavanaugh, I think you make right-on points!
I am a big fan of president Biden and I want him to succeed in everything he does. But the administration had at least two months' notice that this opinion was coming down. The speech should have been in the can and ready for delivery on June 24th, 2022-- the moment of maximum impact. That said, Biden gave an uneven and wooden speech. He is much better when he is out among the people and not speaking from a teleprompter in the east room. His handlers need to set him free so that his humanity and decency can shine through.
A 2021 law in Arizona grants fetal personhood giving even embryos and fertilized eggs the rights of people. Fetuses United! So does that mean a woman carrying triplets gets to cast four votes. A fertilized egg is two cells with no heart, no blood, no brain, no sex organs yet it gets all the rights of a sentient adult! Since it inside the woman's body can it be accused of raping her. Or if the woman has a miscarriage is that manslaughter. What a crock of shit! Seems like time to require a mental health exam for all candidates for elected office. Do any of them know what being rational means? Or equality? Or fairness? Or empathy for others? The more ridiculous and cruel this gets the more ire I feel and the more I want to channel that huge mass of anger into constructive action . I'm in my early 70s and I want to see the birth of a new nation that finally gets rid of the stench in our Constitution of patriarchy, misogyny and slavery. Think I'm going to get a t-shirt demanding my 9th Amendment rights -- the unenumerated ones!
I’m 100% on board with your 9th Amendment T-Shirt idea. The problem is the simply worded provision is beyond the mental acuity of Alito, Thomas, Gorsuch, Kavanagh and Barrett!
Note that justice Alito did not mention the 9th amendment in his majority opinion. The 9th amendment imposes a rule of construction when interpreting the constitution. The fact that Alito ignored that rule makes the opinion itself extra constitutional.
I'll add to your point in asking if we aren't selecting the right people for the Supreme Court. Putting a professor or two who are experts on Constitutional Law might help.
Love this! I’ve often thought that candidates for office should be able to pass a basic test on the constitution and general science. And make results public.
So what in the world do you do with that? It was not possible to discern from the interview whether the soon-to-be-mother was anti-abortion and claiming her unborn child should be considered a "person" or pro-abortion and thumbing her nose at the claim that the unborn person is a "person." This is a very slippery slope . . . .
I’m a former restaurant manager, food and beverage manager, and executive assistant manager of a 4-Diamond Inn. The fool who made that statement should be sacked immediately. You serve the guests, you cater to their tastes and do your best to accommodate their requests. The protesters outside are beyond your scope, your training and your authority. Your job stops - stops, period! - at the front door. If the crowd becomes unruly or aggressive, you call the police. Period.
Addendum: Doesn’t matter which side of the debate you’re on, or who you’re rooting for. A guest is a guest. If you disagree with - or even can’t stand - their behavior or their philosophy, fine; that’s what voting booths and letters to the editor are for. On the job, shut up and provide superb service - and that’s all. Everybody deserves a good meal and a quiet break from the rest of their lives.
Hi Richard. As I understand the facts from media reports, Kavanaugh was unaware of the protesters outside and was able to eat in peace. I think the entire controversy arises from the fact that he was forced to leave through the kitchen door rather than the front door. Too bad for Morton's that they did not have your managerial judgment on hand.
I have to disagree with your final sentence. Kavanaugh does NOT deserve a break or a quiet dinner. His decision with destroy thousands of lives, why should he deserve what he denies to others?
The number of USSC Justices was set at 9 in 1869 when the population of the US was less than 1/10 of what it currently is. Overwhelmed with certiorari applications, the Court ends up granting certain to about 2.4% of the applicants. Why is no one arguing that 9 Justices can not possibly serve justice with ten times the population that that number was established to serve? Sara Nichols
This is a good argument and I have been posting it in reply to some comments. Perhaps it is time for me to include it the newsletter when I urge expansion of the court.
I think the relevant metrics are these: in 1789, there were six justices and four million American citizens. Initially, there were no courts of appeal, but there are now 400 intermediate appellate justices. And, instead of 13 states, there are 50. So, the population has grown by 7000%, the number of states has grown by 280%, and the number of intermediate appellate justices has gone from zero to 400. In that time, the court's membership is increased by 50%. The court is simply too small without regard to the control of the reactionary majority.
We need an argument that is easy to comprehend and resonates with the average American and is difficult to deny. We are arguing to expand the number of Justices to better serve the expanded population. Republicans PACKED the Court to serve their political purposes. We want to expand the Court to serve justice. As ever, Republicans’ accusing Dems of wanting pack the Court is pure projection.
At that time there were 9 district courts, now there are 13. There should be at least one justice for each district. Heather Cox Richardson has pointed this out a few times in the last 3 or 4 years.
Per my note above, I don't believe that the most relevant metric is the number of districts. I believe it is the number of intermediate appellate justices, which has increased from zero to 400 since 1789. It is the number of appellate justices that determines the workflow directed towards the Supreme Court, not merely the number of districts.
Betsy, Because there is at least 1 district court per state, I presume you mean circuit courts of appeal. Either way, I imagine we’d agree that among the many reasons for needing to hold the House and pick up at least 2 Senate seats is the opportunity to expand the Court.
Sara, While Congress has the power, by a simple majority in each House, to determine the number of justices, I imagine no one is making the argument to expand the Court because Manchin & Sinema would vote with the 50 Senate Republicans to oppose it. Unless we hold the House and pick up at least 2 Senate seats, I fear we’re screwed, especially since McConnell has hinted at permanently fixing the number at 9 were Republicans to retake the Senate.
Robert, Thank you for your columns - this one was excellent - and your dedication to justice and democracy. Your thoughtful, nuanced and honest writings have been one of my primary supports during the last few years. I have much I could say about the events of the day but I will keep to simple gratitude and appreciation. Wishing you a full and faster recovery from Covid.
Robert, thank you for the copy of the President's Executive Order. Note, Section 4(b)(ii) and the WH
direction to HHS to expand medical data privacy under HIPAA and "any other statutes" All patients, know your medical provider's policies before-you-go & the new HHS regulations that are forthcoming.
Kavanagh and company seem surprised that their lives cannot go on as before. Shows how out of touch they are. The gloves are coming off and that is a good thing. But I worry that the right of assembly will be among the next rights to be taken away.
In the beginning of your post when you quote from Biden’s speech, there is a third quote from the restaurant spokesperson. I don’t think you meant for that to be there?
I agree, with Mariann, also thought the first perplexing, then increasingly clear use of "the right to eat dinner" was well done. This column shows no evidence of brain fog (at first I thought you were leading up to telling us that former President Trump's rally was during the dinner hour. No, much better.
Nonetheless, please continue to care for yourselves and each other with the zeal you care for us. I, personally, am waiting to use my once-in-a-lifetime right as a citizen to fly free in Air Force One, before I fly from the West Coast to the East Coast again. If we go to DC instead of New York, we will be sure to boycott Morton's. I'm not sure if it is our ethical duty to do the same with Willard's Hotel.
It's not just Biden who is having trouble finding his voice.
I saw another CNN story on the inability of Uvalde victims to get a clear account of what happened. Why isn't Beto all over Abbott's butt to get some answers for these people?
The election is in our hands if we would simple grasp it.
My big takeaway is that it’s time for Biden to let the voices standing behind him, Harris and Becerra, move to the front of the line. We need a chorus of voices now, not a soloist. As Jimmy Page once said, “it might get loud.”
Jeff, Robert’s mention of infusing more voices into Democratic messaging was my big takeaway as well, particularly since, in my view, Dems could have a far more extraordinary narrative if only they would deliver it.
It's okay, Robert. You have a lot on your plate these days, including being completely free from Covid. And, after all . . . we are all your "team"! But for accuracy, I do believe the man had used the word "like"! My bad. ". . . REALLY like"?
Please be more patient with President Biden. He has made the proper response but later than you desire (by two weeks). I think with so very many issues to be dealt with, including important international trips and successes, our expectations are not in line with reality. He is playing “whack a mole” as so many demands are made.
Regarding the restaurant situation with Kavanaugh, I think you make right-on points!
I am a big fan of president Biden and I want him to succeed in everything he does. But the administration had at least two months' notice that this opinion was coming down. The speech should have been in the can and ready for delivery on June 24th, 2022-- the moment of maximum impact. That said, Biden gave an uneven and wooden speech. He is much better when he is out among the people and not speaking from a teleprompter in the east room. His handlers need to set him free so that his humanity and decency can shine through.
Good comment Cynthia.
PK
Beautiful column on an ugly topic. Crisp and to the point. Thank you for finding the truths to be shared and making them so clear.
A 2021 law in Arizona grants fetal personhood giving even embryos and fertilized eggs the rights of people. Fetuses United! So does that mean a woman carrying triplets gets to cast four votes. A fertilized egg is two cells with no heart, no blood, no brain, no sex organs yet it gets all the rights of a sentient adult! Since it inside the woman's body can it be accused of raping her. Or if the woman has a miscarriage is that manslaughter. What a crock of shit! Seems like time to require a mental health exam for all candidates for elected office. Do any of them know what being rational means? Or equality? Or fairness? Or empathy for others? The more ridiculous and cruel this gets the more ire I feel and the more I want to channel that huge mass of anger into constructive action . I'm in my early 70s and I want to see the birth of a new nation that finally gets rid of the stench in our Constitution of patriarchy, misogyny and slavery. Think I'm going to get a t-shirt demanding my 9th Amendment rights -- the unenumerated ones!
I’m 100% on board with your 9th Amendment T-Shirt idea. The problem is the simply worded provision is beyond the mental acuity of Alito, Thomas, Gorsuch, Kavanagh and Barrett!
Note that justice Alito did not mention the 9th amendment in his majority opinion. The 9th amendment imposes a rule of construction when interpreting the constitution. The fact that Alito ignored that rule makes the opinion itself extra constitutional.
I enjoyed Robert's recommendation yesterday to listen to Michael Klarman's lecture which addresses your point on the mental acuity of the Five https://harvard.zoom.us/rec/play/cOnZBPm785f63l-JCuxC-PBYNcuTAzTrQF9TNnZ1FT2bAEjIqFsyXTFflwRdoqIn7gT55BO1pNGJoz43.TQEhB8-WvC9qAdty?continueMode=true&%3B_x_zm_rtaid=ltv10i5TQ-G71jPseOVETw.1657250331011.b16c90c80ebd182c5abd29b3e86be072&%3B_x_zm_rhtaid=727&utm_source=substack&utm_medium=email
I'll add to your point in asking if we aren't selecting the right people for the Supreme Court. Putting a professor or two who are experts on Constitutional Law might help.
Love this! I’ve often thought that candidates for office should be able to pass a basic test on the constitution and general science. And make results public.
We're thinking of providing the citizenship questions a new citizen has to pass to become a US citizen to all candidates in our local races. https://www.uscis.gov/sites/default/files/document/questions-and-answers/100q.pdf
Yes!
“ Fetal Personhood” in the HOV lane in Texas:
https://www.nbcdfw.com/news/local/pregnant-woman-cited-for-hov-violation-says-her-unborn-baby-should-count-as-second-person/3010193/
So what in the world do you do with that? It was not possible to discern from the interview whether the soon-to-be-mother was anti-abortion and claiming her unborn child should be considered a "person" or pro-abortion and thumbing her nose at the claim that the unborn person is a "person." This is a very slippery slope . . . .
Exactly ! “ Slippery slope”..
True! People like me are very bad at the trolling business!
Brava Brandy Bottone, the mom to be!
We should all start doing such outrageous things! The more creative the better!
I'll buy a dozen of the t-shirts! love your fighting spirit!
I’m a former restaurant manager, food and beverage manager, and executive assistant manager of a 4-Diamond Inn. The fool who made that statement should be sacked immediately. You serve the guests, you cater to their tastes and do your best to accommodate their requests. The protesters outside are beyond your scope, your training and your authority. Your job stops - stops, period! - at the front door. If the crowd becomes unruly or aggressive, you call the police. Period.
Addendum: Doesn’t matter which side of the debate you’re on, or who you’re rooting for. A guest is a guest. If you disagree with - or even can’t stand - their behavior or their philosophy, fine; that’s what voting booths and letters to the editor are for. On the job, shut up and provide superb service - and that’s all. Everybody deserves a good meal and a quiet break from the rest of their lives.
Hi Richard. As I understand the facts from media reports, Kavanaugh was unaware of the protesters outside and was able to eat in peace. I think the entire controversy arises from the fact that he was forced to leave through the kitchen door rather than the front door. Too bad for Morton's that they did not have your managerial judgment on hand.
I have to disagree with your final sentence. Kavanaugh does NOT deserve a break or a quiet dinner. His decision with destroy thousands of lives, why should he deserve what he denies to others?
I agree completely. It’s fine with me if Brett Kavanaugh doesn’t find a moment of tranquillity for the rest of his sorry life.
Brava Elizabeth!
Brava Elizabeth!
The number of USSC Justices was set at 9 in 1869 when the population of the US was less than 1/10 of what it currently is. Overwhelmed with certiorari applications, the Court ends up granting certain to about 2.4% of the applicants. Why is no one arguing that 9 Justices can not possibly serve justice with ten times the population that that number was established to serve? Sara Nichols
This is a good argument and I have been posting it in reply to some comments. Perhaps it is time for me to include it the newsletter when I urge expansion of the court.
I think the relevant metrics are these: in 1789, there were six justices and four million American citizens. Initially, there were no courts of appeal, but there are now 400 intermediate appellate justices. And, instead of 13 states, there are 50. So, the population has grown by 7000%, the number of states has grown by 280%, and the number of intermediate appellate justices has gone from zero to 400. In that time, the court's membership is increased by 50%. The court is simply too small without regard to the control of the reactionary majority.
In my above, I meant “cert” and was autocorrected to “certain”. Helps to edit before posting!
We need an argument that is easy to comprehend and resonates with the average American and is difficult to deny. We are arguing to expand the number of Justices to better serve the expanded population. Republicans PACKED the Court to serve their political purposes. We want to expand the Court to serve justice. As ever, Republicans’ accusing Dems of wanting pack the Court is pure projection.
At that time there were 9 district courts, now there are 13. There should be at least one justice for each district. Heather Cox Richardson has pointed this out a few times in the last 3 or 4 years.
Per my note above, I don't believe that the most relevant metric is the number of districts. I believe it is the number of intermediate appellate justices, which has increased from zero to 400 since 1789. It is the number of appellate justices that determines the workflow directed towards the Supreme Court, not merely the number of districts.
Betsy, Because there is at least 1 district court per state, I presume you mean circuit courts of appeal. Either way, I imagine we’d agree that among the many reasons for needing to hold the House and pick up at least 2 Senate seats is the opportunity to expand the Court.
Sara, While Congress has the power, by a simple majority in each House, to determine the number of justices, I imagine no one is making the argument to expand the Court because Manchin & Sinema would vote with the 50 Senate Republicans to oppose it. Unless we hold the House and pick up at least 2 Senate seats, I fear we’re screwed, especially since McConnell has hinted at permanently fixing the number at 9 were Republicans to retake the Senate.
I don't think that McConnell can fix the number of Supreme Court justices at any number. That number can always be changed by legislation.
You write so eloquently and cover all the ifs ands and buts of an argument. Thank you for sharing your cogent thoughts on a very problematic time.
Robert, Thank you for your columns - this one was excellent - and your dedication to justice and democracy. Your thoughtful, nuanced and honest writings have been one of my primary supports during the last few years. I have much I could say about the events of the day but I will keep to simple gratitude and appreciation. Wishing you a full and faster recovery from Covid.
Robert, thank you for the copy of the President's Executive Order. Note, Section 4(b)(ii) and the WH
direction to HHS to expand medical data privacy under HIPAA and "any other statutes" All patients, know your medical provider's policies before-you-go & the new HHS regulations that are forthcoming.
Kavanagh and company seem surprised that their lives cannot go on as before. Shows how out of touch they are. The gloves are coming off and that is a good thing. But I worry that the right of assembly will be among the next rights to be taken away.
I worry about you. I m distressed that you are still ill. I am sending all of the strength I have to you in my 80 lb body. Be well.💚
In the beginning of your post when you quote from Biden’s speech, there is a third quote from the restaurant spokesperson. I don’t think you meant for that to be there?
Yes, I issued a corrected edition about 30 minutes later.
Thank you. You can see we follow you closely & read your postings with care. 😸
Yes- I was also confused by that quote.
At least it shows we read it! 😸😸😸
I agree, with Mariann, also thought the first perplexing, then increasingly clear use of "the right to eat dinner" was well done. This column shows no evidence of brain fog (at first I thought you were leading up to telling us that former President Trump's rally was during the dinner hour. No, much better.
Nonetheless, please continue to care for yourselves and each other with the zeal you care for us. I, personally, am waiting to use my once-in-a-lifetime right as a citizen to fly free in Air Force One, before I fly from the West Coast to the East Coast again. If we go to DC instead of New York, we will be sure to boycott Morton's. I'm not sure if it is our ethical duty to do the same with Willard's Hotel.
Thank you again Robert! Feel better and better. And keep writing to us! SO helpful.
It's not just Biden who is having trouble finding his voice.
I saw another CNN story on the inability of Uvalde victims to get a clear account of what happened. Why isn't Beto all over Abbott's butt to get some answers for these people?
The election is in our hands if we would simple grasp it.
My big takeaway is that it’s time for Biden to let the voices standing behind him, Harris and Becerra, move to the front of the line. We need a chorus of voices now, not a soloist. As Jimmy Page once said, “it might get loud.”
Very good point, and apropos of your quote from Page, I hope you have seen the documentary "It Might Get Loud" with Page, Edge, and Jack White.
Jeff, Robert’s mention of infusing more voices into Democratic messaging was my big takeaway as well, particularly since, in my view, Dems could have a far more extraordinary narrative if only they would deliver it.
Not surprised about a $75 steak for Judge Kavanaugh.
Would be surprised about a $200 bottle of wine though.
After all, we all know that he LOVES BEER!
Poor Justice Kavanaugh.
My bad! I missed the opportunity!
It's okay, Robert. You have a lot on your plate these days, including being completely free from Covid. And, after all . . . we are all your "team"! But for accuracy, I do believe the man had used the word "like"! My bad. ". . . REALLY like"?