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It is time to make a Declaration of Independence from the Supreme Court and its rulings where two-thirds of the "Justices" are no longer protecting our rights to Life, Liberty and the Pursuit of Happiness. This is not an originalist view the Court is giving us; It is an absolutist view where only one small piece of the Constitution is read literally without consideration of the rest. Does the 2nd amendment get absolute top priority over the rest when by doing so it is jeopardizing everyone's unalienable rights like the right to life? Same argument will probably apply to their ruling on Roe tomorrow where freedom of religion will be trampled on, the life of the fetus will have more right to life than a woman, and they'll allow the autocratic rogue states to make an absolute ruling that a woman has no right, no choice over the sovereignty of her own body. I'm serious about Declaring Independence from the Robert's Court! We need to vote all Republicans out of office. Next is over turn Citizen's United and get rid of the legalized bribery of money being "free speech". I could go on from there but the main goal is to restore a democratic republic by, for and of the People == all of us this time. If this means civil disobedience so be it. I'm afraid to get out my violin now because I don't want to be accused of fiddlin' while democracy burns.

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Jun 24, 2022·edited Jun 24, 2022Liked by Robert B. Hubbell

Cathy, Though I got on line to draft my own message, because I was so compelled by yours, I couldn’t think of a better way to serve than to put to work some of what I’ve learned from Robert to comment on your discussions, first, of the Second Amendment and, then, of Roe.

As for the Second Amendment, the Court’s reading, I would suggest, is not, as you state, literal; rather the Court, first with Heller, and now with this new ruling, continues to perpetrate a fraud. Let me explain. The wording “…the right of the people to keep and bear Arms,…” was understood by the Founders to mean a collective right. When their intended meaning was the individual, one finds the term “persons,” as in the Fourth Amendment that reads, “The right of the people to be secure in their persons,…”

Regarding Roe, though the right to privacy is not mentioned in the Constitution, I understand that the Supreme Court, some time ago, had established that several of the Amendments create this right. While I imagine the 4th and 14th are frequently invoked, in the case of Roe, I am partial to the 9th that, simplified, states, “The federal government doesn’t own the rights that are not listed in the Constitution; instead they belong to the people.”

I hope my clarifications are useful. If there are any inaccuracies, the responsibility solely rests with me.

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Barbara Jo, You make some very points. When I said literally I was thinking about how people who read the Bible literally can justify any position they already have. You are right about the difference being "a well-regulated militia"/"the right of the people"and individual self-defense. We so need to get back to what I call the "Principle of Responsibility" - with rights come the responsibility for protecting those rights in others. This 2nd amendment ruling doesn't make the rest of us safer.

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I dwell on the Second Amendment as being a call to form a militia in order to protect our new nation from incursions and insurrections. So, while individuals may own guns, their purpose is to arm a militia. An armory can serve this purpose. I can see the stretch of personal weapons to protect property. All the other expanded interpretations are, IMHO, well outside the intents and purposes of the Amendment. To whit, now that we have a militia appointed by Congress, the National Guard, it is time to reframe the Second Amendment. Drop it, or rewrite it to specify the conditions of current gun ownership. Most certainly private ownership of military grade weapons shall be prohibited. Nor may weapons be taken into pubic venues such as schools, churches, shopping malls.

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founding

In the meantime, as we wait for that 2nd Amendment reframing we better get out the vote in larger numbers than Mr, Bigley could ever count. And please, as we watch the upending of Roe vs Wade save me the “it will be Trump’s Legacy.” Hogwash. Trump’s legacy should always be seen as January 6, 2020 and every utterance he offered going back to 2016 to set undermine confidence in our democracy/elections. Vote in 2022 & 2024.

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Jun 24, 2022·edited Jun 24, 2022Liked by Robert B. Hubbell

1. Many States have intentionally been passing repressive laws impacting the rights of Native Americans, youth, seniors, disabled, people of color to vote, and the Supreme Court has been impacting the rights of too many Americans to vote by its decisions diluting the Voting Rights Act of 1965 after its decisions in Shelby County, Brnovich, Rucho and other cases.

2. This is a petition to the US Senate to do its duty and bring the voting rights bill passed by the house to the floor of the Senate. January 6th shows how close we came to losing our democracy but IN THE MEANTIME (yes I am shouting) 19 states AND the Supreme Court are denying the fundamental right to vote: Do something. At least sign this petition to the US Senate which will be presented to every US Senator after the July 4th break

https://www.change.org/Sign_our_Petition_To_the_United_States_Senate_do_not_filibuster_our_Right_To_Vote

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author

Done!

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The goal is 1 million plus.

Taking out an advertisement for 7/3 or 7/4 in print NY Times and then on the electronic version for 2 weeks... What I can't fathom is 2700 views and only 250+ signed. is it that people don't understand what is happening....

*Passive about 1/6 hearings.

*Watching but who is calling every Republican who didn't vote to impeach?

*Passive because they have lost their will to get out and protest.

This is worse than the Vietnam War but really, Americans are more interested in the price of gas than the loss of their democracy in my very humble opinion.

Speak out or next they will come for you comes to mind.

Thanks, Alice

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Signed!! Thx for including the link.

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founding

Signed and supported

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Me too, here's hoping.

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Done! Thanks!

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Signed, but I'm disappointed that the petition, started probably four weeks ago, has only 240 signatures toward a goal of only 500.

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Goal is 1 million

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When I just went back to the page, the goal still shows as 500.

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Jun 24, 2022·edited Jun 24, 2022

Cathy, The conclusion of my letter( which you inspired me to write :)to Alito after the leak.

“I am by no means a lawyer. I am a married, heterosexual woman who is afraid my right to control my body and contraceptive choices will ultimately be determined by those who lack a “deeply rooted tradition” found in the Supreme Court of The United States….that of legitimacy.

Respectfully, and with the will of the majority,”

Fiddle on !

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Kathy, Thank you for taking action and amplifying both our voices! I see "deeply rooted tradition" as meaning the tradition of colonial men who owned slaves and whose wives were property. That's not my idea of making America great again.

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I only wish we could.

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We have to find a way. Never give up!

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Jun 24, 2022Liked by Robert B. Hubbell

Incisive and insightful column, as usual. I find myself in tears during each hearing - learning that Trump and other key people are willing, if not eager, to destroy democracy for their own selfish gains, that even people betrayed by Trump would vote for him again, and that the only true heroes in this disgusting saga seem to be Shaye, Lady Ruby, and other election workers. Certainly not the cowards who are only coming forward now, when they could have and should have spoken up in 2020-- Pence, Barr, Rosen, McConnell, etc., etc., etc.

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founding

Thank you for recognizing Shaye and Lady Ruby, lest we forget too easily and move on.

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Mary B-did you hear that Shaye was awarded a Profiles In Courage award? https://www.jfklibrary.org/events-and-awards/profile-in-courage-award/award-recipients/defending-democracy-2022/wandrea-arshaye-moss

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founding

Fabulous! Thanks for letting me know.

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I do wonder if we give Jeffrey Clark too much credit by calling him an “environmental lawyer.” “I don’t have facts to back this up” but I think it more likely that his “environmental law” work would have included things like defending corporations with toxic waste cleanup issues or opening national park lands to oil drilling. If I am right, “anti-environmental lawyer” would be more apt and I also don’t like the disrespect shown to “environmental lawyers” by the comments of Rosen and Donoghue. The lack of trial experience should have been disqualifying enough.

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author

Good point!!

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Speaking of civic duty, voting is central. Almost as important is supporting candidates who deserve support and opposing those who deserve opprobrium. That approach should be taken judiciously, though. Spending money to defeat candidates who cannot be defeated is unwise. Here is a list of some of the most unappealing members of congress with the website 538's calculation of the district's Republican Lean. People can see for themselves who it is worth spending money to defeat:

Jim Banks IN 03 R+34 -- one of the MOC Pelosi rejected

Andy Biggs AZ 05 R+24 -- Pardon requester (though he denies it)

Lauren Boebert CO 03 R+15 -- Almost within range. The June 28 primary will pick her opponent. Watch for that.

Matt Gaetz FL 01 R+38 -- Pardon requester

Paul Gosar AZ 09 R+33 -- Pardon requester

Marjorie Taylor Greene GA 14 R+45 -- Pardon requester

Jim Jordan OH 04 R+38 -- one of the MOC Pelosi rejected

Barry Loudermilk GA 11 R+24 -- Tour guide

Thomas Massie KY 04 R+34 -- He just belongs on this list

Kevin McCarthy CA 20 R+31 -- Overseer of clown show

Scott Perry PA 10 R+9 -- Pardon requester (denies it) principal figure in persuading Trump that Jeffrey Clark should be Acting Attorney General. Definitely within range. His opponent is City Councilor Shamaine Daniels

Len Lubinsky. lenspoliticalnotes.com

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author

Thank you lLen!

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Len, May I add Rep Bill Posey FL 8 R ? He is a “low-key” Freedom Caucus Member which, IMO, can be just as damaging as he, and his votes, float under the radar.

Trump just endorsed him: https://billposey.com/

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There are plenty of Republicans to add to a list of thoroughly unappealing Representatives. Unfortunately, Posey is an R+23 and would be very tough to dislodge.

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Thanks, Len!

Reality bites…but not giving up the fight.

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Jun 24, 2022·edited Jun 24, 2022Liked by Robert B. Hubbell

Let's all get busy tonight and write Letters to the Editor of our local papers to show that we ARE concerned about the need to indict Trump! As you quote from columnist Eugene Robinson, "It will be bad if Merrick Garland prosecutes Trump -- and worse if he doesn't." Let's make it clear that public opinion supports the rule of law!

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Hi Debbie: Yes but also 1. Many States have intentionally been passing repressive laws impacting the rights of Native Americans, youth, seniors, disabled, people of color to vote, and the Supreme Court has been impacting the rights of too many Americans to vote by its decisions diluting the Voting Rights Act of 1965 after its decisions in Shelby County, Brnovich, Rucho and other cases.

2. This is a petition to the US Senate to do its duty and bring the voting rights bill passed by the house to the floor of the Senate. January 6th shows how close we came to losing our democracy but IN THE MEANTIME (yes I am shouting) 19 states AND the Supreme Court are denying the fundamental right to vote: Do something. At least sign this petition to the US Senate which will be presented to every US Senator after the July 4th break

https://www.change.org/Sign_our_Petition_To_the_United_States_Senate_do_not_filibuster_our_Right_To_Vote

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I think I already signed this petition, Alice -- but I've done it again -- and tossed in some money to promote it, plus posted on my FB page. Thansk for putting up the petition... every bit like this helps! -- Debbie

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Jun 24, 2022Liked by Robert B. Hubbell

The Thomas/Alito Court has managed to prove the point that its majority is made up of partisan hacks with their (lack of) gun control ruling. The NRA is happy. All gun manufacturers are cracking open the champagne bottles, and more money will flow to the GOP. The rest of us who choose not to own guns for fear of their lethality have been put at ever increasing risk of premature death by firearm; this doesn't seem like it could possibly be the original intent of the framers of the constitution (despite what Thomas/Alito have contrived).

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founding
Jun 24, 2022Liked by Robert B. Hubbell

Well. We are riveted to the radio. You filled in parts we hadn't heard or read elswhere since we don't get past a bit of NPR in the Sierras. What a time.

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The widely heralded Senate gun safety bill passed because ti does not reduce gun sales, instead it hides this fact by proposing to flood the states with money for mental health: the funds will never be expended, and the mental health services will not be used. Clarence Thomas's gift to the gun manufacturers was opened on the same day. I can envision gun manufacturers merrily dancing. I hope Mr. Hubbell will track and report the uptick in gun sales, homicides, and suicides.

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author

Good idea!

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The juxtaposition of announcements and findings today are head spinning. I’m elated their are decent humans uncovering the J6 truth. I’m dumbfounded that we are facing so many dark corners. Yes we will fight and yes it will take years. But now each of us walks the streets watching every situation we enter looking for “legally” armed snipers with their own definition of self defense. Justice Thomas and his cohorts are an abomination. I’m praying more dirt is uncovered on this man and his wife that turned the Supreme Court upside down and dismantles our Constitution. I’m bracing for the next gutting decision today. I’m so sorry that this country has come to this. 😢 Not what I expected to be leaving to my children and Grandchildren. My torch is lit…marching forward.

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Thursday’s hearing was certainly an eye opener. We learned there were 5-6 members of the House who asked for pardons all of whom either spoke at the J6th event and were complicit in promoting the big lie. Obviously they had some idea they were doing something unlawful or why ask for a pardon. We also learned first hand of the pressure Trump could apply to individuals in the DOJ and how helpless they must have felt. One thought I had was they did not testify in the second impeachment because they knew Republican lawmakers would back Trump regardless. Finally I am so frustrated with the Supreme Court because they are making decisions that most Americans do not approve of and are changing our society dramatically. The attached article summaries by frustrations. https://news.gallup.com/poll/394103/confidence-supreme-court-sinks-historic-low.aspx

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author

Thanks for the link.

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The overturn of Roe is just being announced and trigger laws will go in effect. "Justice" Alito argued in his draft that if the decision on abortion went back to the states it would reflect the will of the People. That is not true in Texas and 18 other states who are now under minority rule because of gerrymandering and voter suppression and other shenanigans. Sounds like Chief Justice Roberts is trying to equivocate saying he would have gone with a lessor position. This idea that it isn't rooted in history and the originalist view that abortion isn't in the Constitution (although they seem to be skipping over Amendment 9) is so discriminatory. The Constitution was written by white men ONLY. John Adams laughed at his wife Abigail when she said "remember the ladies". Women were property and African Americans were 3/5's human. This means the only "people" with rights are the elite white males. No one is safe in this autocratic government. Article IV section 4 of the Constitution is the Guarantee clause assuring the all states must have a republican form of government , meaning of by and for the People. I'm sure both the Congress and the Supreme Court will ignore the states under minority rule. This is separate but not equal! This is the worst day in the history of the United States. Time for action. I want this reversed and a more perfect union than we've ever in my lifetime -- and I'm in my 70s! Texas is now the No Choice, Pro Death being its guns in every pocket and anti-abortion vigilantes bounty hunting. We, the People, ALL OF US THIS TIME!

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I've fought too long for equal rights for women. I will not go back to being a second class citizen -- meaning any person not elite white male. I no longer call myself white if asked my race. I check other and say Euro-American. I've been discriminated against all my life even personally by the U.S. Navy. I still broke the glass ceiling and I do not want other women and minorities to have to do that today. It is time to vote women and minorities into office so we are truly represented. I will not vote for any Republican at any level local, state or federal. Think I'll go order a custom T-shirt that says Separate and Not Equal which is what I'm labeling this horrendous ruling! We, the People, all of us this time!

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2 ways to fix our problems.Either expand SCOTUS or add additional states.However both solutions require a majority in the House and Senate.Today's annulment of Roe is further reason for all of us to energize our commitment towards the goal of the Democrats having control of the House,Senate and Presidency with enough of a majority.Lets all work to that end with every ounce of strength.

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With today's Talibanic Supreme Court abolishment of a woman's right to control her body and the mandate 2 days ago that the government treat religious institutions with greater deference than public institutions, we are now truly living in a Theocratic republic about to fall off the cliff into an Authoritarian abyss.

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But we aren't in the abyss yet. If the Roe decision and the "gun in every pocket" decision don't motivate more Democratic voters in 2022, then we will be in greater peril. The number of people who don't vote at all is astounding and outrageous. We need armies of volunteers to educate and motivate young, first time voters and others whose rights are being trampled but who don't vote for any number of reasons. If they don't care about living in a society where a new Republican inspired court ruling allows almost anyone to carry a concealed weapon in a country already suffering an epidemic of gun violence, they are a lost cause. If they don't care that a new Republican inspired court ruling takes away a 50 year right for a woman to decide what is best for her own health and body even after a rape or incest, then they are a lost cause. I firmly believe that most of the non-voters would care about these issues and others at stake like the continuation of Social Security and Medicare, the separation of church and state or the provision of health care to every citizen, if they were informed about what is going on in our politics. The Republicans have been working for a long time to get into the positions of power they now hold. Democrats, Independents and rational Republicans can fix this crazy radical right swing back to the 1920's if they want to continue living in a Democracy.

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I must admit that I didn't think about the fact that Rosen, Donoghue, and Engel did nothing to cause Trump to be convicted...I was too taken by their testimony to remember their silence and the silence of almost every Republican in Congress. Yesterday's hearing was as fascinating and frightening as the previous ones....If what has happened in this country for the past 10 years had been offered to Netflix or Amazon or Apple as a script for a series, it would have been laughed off as impossible....and there you have it......Thanks for encouraging us to keep at it....

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I look forward to Trump and all those who have aided him in his criminal activity in jail , behind bars, for a very long time!!! That may not be very loving of me but I am truly enraged at all their activity to bring down our democracy and they need to be punished!!! Saundra Friedman

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Let's talk about Mississippi and Southern Baptists. Mississippi initiated the suit that resulted in reversing Roe v. Wade. The Southern Baptists (who broke away in 1845 because they supported slavery, and still are lily white and don't allow women to be preachers) covered up for decades huge numbers of their preacher's sexual abuse, supported abortion rights and opposed Roe v. Wade only after the GOP in the 1980's discovered evangelicals could vote. I predict that the Mississippi Southern Baptist politician, whose granddaughter is impregnated after a U. Miss. fraternity got her drunk and gang raped her, will have no qualms about driving her overnight to Massachusetts to terminate her pregnancy. Hypocrisy runs rampant among true believers.

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No question you are right. It's disgusting.

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