This is such an important revision of events at the Supreme Court, Robert, and it really takes an articulate professional in Law to explain the ramifications of the Texas cop-out. Even I remember Marbury vs Madison from American history, but never understood it so well as I do after having read today’s blog. I so appreciate our closing thoughts about keeping our heads clear of worry and the importance of the vote. This is a great way to face the week, with the January 6 committee making headway every day.
Thank you, Robert, for this piece on how the SCOTUS decision on the Whole Women's Health case undermines the federal check on state laws. I hope MSM starts coming around to you. Much smaller scale, but I see Heather Cox Richardson fans promoting your Substack on their Facebooks, and we are also referencing your work among the HCR activist movers and shakers--adding tonight's newsletter to the reading list!
Newsom's tit-for-tat is superficially appealing, but doesn't it take us down a slippery slope of reifying the bad SCOTUS decision supporting Texas SB8?
Last but not least, thank you for your continued promotion of constructive positivity and action.
Thank you, thank you for clarifying the impact of the SC decision. We who are trying to convince Dems and Independents to vote and to evade barriers put up in Florida to vote need every point in our discussions to win them over.
I picked out one of your statements to quote when I share this critically important newsletter. Then another! Then another! Every word is critcally important to preserving our democracy! Thank You.
I saw Adam Schiff on Saturday at a book-signing event where the questions were from Elizabeth Warren. Wow! Unfortunately, they got on so well that the time ran out and there was no opportunity to ask questions. Mine would have been whether he (or she) saw a chance that those behind Jan. 6th will be prosecuted. Thinking about that, I find it passing strange that no Democrats in Congress seem to be calling out for indictments. Do they know something we don’t? By the way, Adam Schiff’s book, Midnight in Washington, is un-put-downable.
As for the reactionaries on the Supreme Court, my ego requires me to note that I’ve been saying pretty much the same thing, although hardly so well.
Thank you for the detailed description of Marbury vs Madison and the impact it will have. For me and I am sure some of your readers the frustration is the feeling there is nothing we can do to change this because it’s not a voter issue. The three Trump appointed judges seem to be “ blind” to the voices and will of a majority of people. Maybe they too are scared of the Trump mob.
Robert, I second the comments below w/r/t your legal perspective concerning the actions of the Radical SC Majority. For all their proclamations otherwise, they have just thrown the Constitution and 200 years of stare decisis under the bus.
Sometimes things have to get really bad before they get better. The question is will we cower to their will (and the slow roll of a Republican coup) or will we take action to oppose their actions and malevolence. I was very pleased to read Heather Cox Richardson's writings this weekend where she laid out the Jan 6 timeline and summarized the House findings in its petition to refer Mark Meadows to the Justice Department for contempt of Congress. The Select Committee is doing its job. As you say, "Good!"
We need to do ours: work hard to elect filibuster-proof Democratic majority in the Senate, a strong Democratic majority in the House and Democratic majorities in State legislatures. It will take a concerted effort over several election cycles.
I think about my effort this way: my father served as an artillery captain in Patton's Third Army - facing artillery fire from afar and having friends die next to him. The very least I can do is work hard to defeat right-wing conservatives who, for the sake of power and money, are attempting to turn this country into an autocratic Kleptocracy.
So, finally and ultimately, this Supreme Court has made the decision that states' rights are paramount, even when a state law is clearly unconstitutional. But, I agree with you Robert, the Court can be counted on to overturn a similarly crafted law on guns if passed in California. And at that point, we will have truly arrived at a Supreme Court that will have become a political arm of the Republican Party. Segregationists and secessionists will rise from the grave to cheer them on.
The Court may not make the distinction based upon religious grounds having a superior right. For one reason, to the extent that the Texas and Mississippi cases do not protect the Life or well being of a woman when an ectopic pregnancy or some other condition places the woman's life in jeopardy, I know of no religious doctrine that states let the woman die in order to possibly allow a fetus to be born. That sounds more like "A Life for a Life, similar to An Eye for an Eye.
Religious grounds would have to balance the right of a fetus to life vs the right of a woman to protect her own life.
Instead, the Court may overrule Roe by relying upon a rescission of the cases arising out of the right of privacy and/or on the 14th Amendment rights of equal protection. As you know, Roe is such a case, based upon rights of personal privacy. Similarly, Griswold v Conn. that allows individuals to have various types of birth control is based upon privacy rights.
Also, with reference to equal protection, the rights of gays and lesbians to marriage and the rights pursuant to "one person; one vote" are all possible targets -- once a decision is made on equal protection grounds rather than just religious grounds.
I do want to say thank you for your analysis of Marbury v Madison, it is very helpful in understanding the danger of the current Court's majority to the institutions of democracy and our system of checks and balances.
This is such an important revision of events at the Supreme Court, Robert, and it really takes an articulate professional in Law to explain the ramifications of the Texas cop-out. Even I remember Marbury vs Madison from American history, but never understood it so well as I do after having read today’s blog. I so appreciate our closing thoughts about keeping our heads clear of worry and the importance of the vote. This is a great way to face the week, with the January 6 committee making headway every day.
Thank you, Robert, for this piece on how the SCOTUS decision on the Whole Women's Health case undermines the federal check on state laws. I hope MSM starts coming around to you. Much smaller scale, but I see Heather Cox Richardson fans promoting your Substack on their Facebooks, and we are also referencing your work among the HCR activist movers and shakers--adding tonight's newsletter to the reading list!
Newsom's tit-for-tat is superficially appealing, but doesn't it take us down a slippery slope of reifying the bad SCOTUS decision supporting Texas SB8?
Last but not least, thank you for your continued promotion of constructive positivity and action.
Thank you, thank you for clarifying the impact of the SC decision. We who are trying to convince Dems and Independents to vote and to evade barriers put up in Florida to vote need every point in our discussions to win them over.
I picked out one of your statements to quote when I share this critically important newsletter. Then another! Then another! Every word is critcally important to preserving our democracy! Thank You.
I saw Adam Schiff on Saturday at a book-signing event where the questions were from Elizabeth Warren. Wow! Unfortunately, they got on so well that the time ran out and there was no opportunity to ask questions. Mine would have been whether he (or she) saw a chance that those behind Jan. 6th will be prosecuted. Thinking about that, I find it passing strange that no Democrats in Congress seem to be calling out for indictments. Do they know something we don’t? By the way, Adam Schiff’s book, Midnight in Washington, is un-put-downable.
As for the reactionaries on the Supreme Court, my ego requires me to note that I’ve been saying pretty much the same thing, although hardly so well.
Hello to you both, thanks so much for the audio, I really need to get my eyes off this screen! Having you both read is a great idea. 💚
Thank you for the detailed description of Marbury vs Madison and the impact it will have. For me and I am sure some of your readers the frustration is the feeling there is nothing we can do to change this because it’s not a voter issue. The three Trump appointed judges seem to be “ blind” to the voices and will of a majority of people. Maybe they too are scared of the Trump mob.
Re: Judiciary Act of 2021. My understanding is that the Republicans in the Senate would filibuster this. Am I wrong?
Robert, I second the comments below w/r/t your legal perspective concerning the actions of the Radical SC Majority. For all their proclamations otherwise, they have just thrown the Constitution and 200 years of stare decisis under the bus.
Sometimes things have to get really bad before they get better. The question is will we cower to their will (and the slow roll of a Republican coup) or will we take action to oppose their actions and malevolence. I was very pleased to read Heather Cox Richardson's writings this weekend where she laid out the Jan 6 timeline and summarized the House findings in its petition to refer Mark Meadows to the Justice Department for contempt of Congress. The Select Committee is doing its job. As you say, "Good!"
We need to do ours: work hard to elect filibuster-proof Democratic majority in the Senate, a strong Democratic majority in the House and Democratic majorities in State legislatures. It will take a concerted effort over several election cycles.
I think about my effort this way: my father served as an artillery captain in Patton's Third Army - facing artillery fire from afar and having friends die next to him. The very least I can do is work hard to defeat right-wing conservatives who, for the sake of power and money, are attempting to turn this country into an autocratic Kleptocracy.
So, finally and ultimately, this Supreme Court has made the decision that states' rights are paramount, even when a state law is clearly unconstitutional. But, I agree with you Robert, the Court can be counted on to overturn a similarly crafted law on guns if passed in California. And at that point, we will have truly arrived at a Supreme Court that will have become a political arm of the Republican Party. Segregationists and secessionists will rise from the grave to cheer them on.
Hi Robert, I don't know if you follow John Flannery at all, but I find him insightful too. https://www.youtube.com/watch?v=IkWM368dw4Q
Lackies in the SCOTUS? How sturdy is a three legged stool with one leg missing?
The Court may not make the distinction based upon religious grounds having a superior right. For one reason, to the extent that the Texas and Mississippi cases do not protect the Life or well being of a woman when an ectopic pregnancy or some other condition places the woman's life in jeopardy, I know of no religious doctrine that states let the woman die in order to possibly allow a fetus to be born. That sounds more like "A Life for a Life, similar to An Eye for an Eye.
Religious grounds would have to balance the right of a fetus to life vs the right of a woman to protect her own life.
Instead, the Court may overrule Roe by relying upon a rescission of the cases arising out of the right of privacy and/or on the 14th Amendment rights of equal protection. As you know, Roe is such a case, based upon rights of personal privacy. Similarly, Griswold v Conn. that allows individuals to have various types of birth control is based upon privacy rights.
Also, with reference to equal protection, the rights of gays and lesbians to marriage and the rights pursuant to "one person; one vote" are all possible targets -- once a decision is made on equal protection grounds rather than just religious grounds.
I do want to say thank you for your analysis of Marbury v Madison, it is very helpful in understanding the danger of the current Court's majority to the institutions of democracy and our system of checks and balances.
"Dang Maw!" I jus stepped in a fresh cow pie. Will you bring me that boot scraper?