#fuck you gorsuch
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God fucking damn it I don’t want to live in America. I’m so angry. I am so so angry. What the actual FUCK. If you’re happy about this literally fuck right off.
#fucking hate SCOTUS#fuck you trump#fuck you ACB#fuck you thomas#fuck you alito#fuck you kavanaugh#fuck you gorsuch
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I wouldve sung in that crowd along with them😤😤
#video#tiktok#tiktoks#usa#united states#united states of america#politics#supreme court#scotus#music#song#songs#singing#fuck you#olivia rodrigo#lily allen#amy coney barrett#samuel alito#brett kavanaugh#neil gorsuch#clarence thomas#apopofficial
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the key difference is progressives think laws are about fairness and conservatives think they’re about control
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current trigger phrase: “The Court’s legitimacy”
#yes you can think and talk about whether or not the supreme court does good things or bad thing#but for chrissakes i hate that people are constantly going off as tho this or that political decision the court makes might topple the#entire institution#there ARE reasonable argument about it but right now my brain just responds fuck you fuck you fuck you#thank god for thomas and gorsuch being honest lunatics#rather than the bumbling about of breyer and kennedy#breyer and kennedy probably did more things that i would like absolutely than thomas or gorsuch! however!#i would like to understand the legal backbone of court rulings and one should NOT turn it into soup so that you avoid angry NYT opeds#go back to calling balls and strikes ya 'ump'#trigger phrase might not be the right word but i mean the sort of thing that makes me see red
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Fuck. You.
#MUSIC MONDAY#Abortion Rights#Roe v Wade#Fuck You#Lilly Allen#Oliva Rodrigo#Glastonbury 2022#Fuck You Very Very Much#Scouts#Samuel Alito#Clarence Thomas#Neil Gorsuch#Amy Coney Barrett#Brett Kavanaugh#Youtube
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summoning all of my crone energy and sending it directly at Chief Justices Alito, Roberts, Thomas, Gorsuch, Kavanaugh, and Barrett. ROT IN HELL ALL OF YOU.
#chani nicholas#my queen chani#fuck the conservative supreme court#fuck you justice alito#fuck you justice roberts#fuck you justice thomas#fuck you justice gorsuch#fuck you justice kavanaugh#fuck you justice barrett#you're cool justice kagan#you're cool justice breyer#you're cool justice sotomayor#aborition rights#pro-choice#fuck republicans
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F THE COURT
Samuel Alito and Clarence Thomas and the four other Supreme Court judges who voted to take away a woman’s right to choose on Friday can go f-ck themselves.
And kiss my gay ass.
So can anyone who wouldn’t vote for Hillary in 2016 because she wasn’t progressive enough or who just didn’t like or trust her.
As for those who cast their vote for Trump, I hope hell does exist so you can spend…
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#14th ammendment#abortion#alexia mcgill johnson#alito#Bernie Sanders#clarence thomas#coney barrett#gorsuch#Hillary Clinton#katy tur#kavanaugh#mad as hell gif#network#olivia rodrigo fuck you#overturned#Planned Parenthood#princeton university#Pro Choice#pro life#roe v wade#roe vs. wade#samuel l jackson#SCOTUS#Supreme Court#susan collins
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Elie Mystal covered the ridiculous, “Presidential Immunity” (aka, “Why Can’t Trump Be Treated Like A Dictator?”) case before SCOTUS
Dreeben: "BECAUSE THERE WEREN'T CRIMES!" (he didn't yell, I did, but he said "because there weren't crimes." )
Oh God, now Roberts wondering if they should send it back to the DC circuit because he's worried about presidents getting prosecuted in bad faith.
Roberts: "The court of appeals did not get into a focused consideration of what facts we're talking about or what documents we're talking about... they did not look at what courts usually look at when... taking away immunity."
Is this motherfucker serious? His argument is "Every president coups, why is mine getting charged?"
Thomas: Are you saying there's no immunity even for official acts?
And... that could be the ballgame
Roberts, Gorsuch, and Kavanaugh are more worried about a prosecutor going after a president for *political* reasons than A PRESIDENT TRYING TO OVERTHROW THE GOVERNMENT.
This is just about over.
And by "this" I mean the rule of law and by "over" I mean delayed indefinitely to help Trump.
Gorsuch suggesting that under the government's standard a president could be prosecuted for leading a "civil rights protest" in front of Congress and sought to "influence an official proceeding."
Yes, because Jan 6 and a fucking sit in are the same thing, Neil.
This is goddamn disgusting.
I'm going to keep listening because it is my literal job, but this is pretty much in the bag for Trump at this point. Remand to DC Circuit for decision on "official acts" and whether organizing a coup is one.
After November, if Trump loses, SCOTUS will return to the issue.
Alito: Are you really saying the president is subject to criminal laws like everybody else?
YES YOU DICK. THE PRESIDENT SHOULD BE SUBJECT TO THE LAWS LIKE EVERYBODY ELSE!
Alito: "I'm not talking about the particular facts of this case."
WHY? WHY THE HELL ARE NOT TALKING ABOUT THIS FUCKING CASE RIGHT IN FRONT OF YOU?
The question I'd have for the SCOTUS now is: If you do this, why would a Republican president every peacefully transfer power again?
Democratic presidents will because Democrats follow rules that don't apply to the other side. But why would Republicans just leave *ever again*?
Alito: Couldn't FDR's decision to inter Japanese Americans during WWII be charged [as a crime]?
He says that LIKE THAT'S A BAD THING?
And Dreeben is trying to say that he couldn't.
This country, and specifically this court, is a fucking joke.
Now onto self-pardons. Alito is just playing all the Fox News hits now.
I'm going to smoke. Biden should send Seal Team 6 to Mar-a-Lago because according to Alito there's no downside.
Alito just suggested that the last election was "questionably decided"
I have left my body and am texting things I can't say aloud to my friends.
Kagan is like the first person to be asking about the actual criminal acts Trump is charged with.
I assume Alito is not listening because Kagan is a woman while Gorsuch is probably sitting there emailing the New York Times because they got something wrong on the Spelling Bee.
I see the internet is unimpressed with Dreeben but that's being a little unfair. The Republican justices want to do this, there's nothing that Dreeben could say to stop them.
What he *could* be doing was making their hypocrisy more clear for the non-legal media following along.
But... SCOTUS advocates have to preserve their ability to argue another day, and blowing up the justices in one case
A: Doesn't help them actually win the case.
B: Actively hurts them in the next one.
Kavanaugh: "Like Justice Gorsuch, I'm not concerned with the here and now of this case, I'm concerned about the future."
I don't know why this is acceptable. I do know that the justices are sure they are right about ignoring the facts of THIS ACTUAL CASE.
Kavanaugh... who WORKED FOR KEN STARR... is basically saying that Jack Smith is politically motivated and his appoint in unconstitutional.
It's... maddening. And most of the media reports will not even point out this hypocrisy.
The "independent counsel" law was rewritten into our current "special counsel" law BECAUSE of the shit Kavanaugh helped Starr do! Everybody was like "that crap can't happen again."
Somebody get @neal_katyal and @MonicaLewinsky on the phone to blow up this asshole.
@neal_katyal @MonicaLewinsky Every time I try to no have a stroke listening to this bullshit, they say something even more risible and stupid.
@neal_katyal @MonicaLewinsky Kavanaugh: "President Ford's pardon. Hugely unpopular when he did it... now probably looked on as one of his better decisions."
What? WHAT? WHO THE FUCK THINKS FORD'S PARDON OF NIXON WAS A GOOD IDEA? WHEN DID I DIE AND GO TO HELL????
@neal_katyal @MonicaLewinsky This could be a men v. women 5-4 ruling.
Men: Let's kick this back to DC to further delay Trump's trial.
Soto, Kagan, Jackson: Why? That's fucking dumb.
Barrett: Ladies, I agree with you, but we shouldn't call the men fucking dumb. We should politely disagree.
@neal_katyal @MonicaLewinsky We're past the two and half hour mark for an argument where the Republican justices made their decision when they were appointed, some of them decades ago.
@neal_katyal @MonicaLewinsky KBJ is closing by trying to answer all of Gorsuch's questions, which would be effective if Gorsuch operated in good faith. But... he doesn't. So...
@neal_katyal @MonicaLewinsky I had hoped that *one* of the liberal justices would have made the point from the Common Cause brief, highlighting that the whole point of what Republican justices are doing is to give Trump delay.
Not a persuasive argument for the justices, but good for the media to hear.
@neal_katyal @MonicaLewinsky The case is submitted. Court doesn't come back till May 9th which will be a decision day.
But I think they won't decide *this* case until July 3rd for max delay. And that decision will be 5-4 to remand the case back to DC, for additional delay.
@neal_katyal @MonicaLewinsky I wish I had better news for you. Thanks anyway for following along with our national descent into madness.
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I'm not clear as to whether or not the 14th Amendment barring an insurrectionist from holding certain powerful offices needs that individual to first to be proven guilty of being an insurrectionist in court. We all know Trump is absolutely an insurrectionist, but do we technically need that guilty verdict first?
I mean, I'm not a constitutional lawyer so I can't give you a 100% for sure answer, but I think the problem here isn't nuances of law or interpretation so much as basic courage: are courts or judges actually going to come to literally the only conclusion that can factually and legally be drawn (that the evil orange is a fucking traitor who should rot in prison for the rest of his life and never be allowed near public office again) or are they going to chicken out of it by admitting that he's an insurrectionist but something something the statute doesn't apply to him?
That's why the CO Supreme Court ruling (and as a native Coloradoan, HELL YEAH GUYS HELL YEAH!) is so important. Yes, I'm sure SCOTUS will do their worst to it, though the COSCOTUS judges craftily tailored their ruling to a states' rights opinion written by Gorsuch, who will now have to go diametrically against his own previous jurisprudence to find in Trump's favor. Yes, Republicans only like states' rights when the states are doing what they want, and the rest of the time it has to be stamped out, but even though Trump has been formally indicted for insurrection in regard to January 6, this is the first time that a court has conclusively found that as a result, it would be illegal for him to appear on the ballot due to the 14th Amendment. Which. Yeah. It is incredibly fucking obvious that this is the case. As I said, the issue isn't whether the statute applies, as it clearly does, but if the legal system is going to actually do the right thing and correctly apply it to Trump. While he wasn't going to win CO in 2024 anyway, what I really hope is that states like Pennsylvania or Michigan, where it would be HUGE to boot him off the ballot, follow suit. Ideally with a slightly different model of legal theory, so it can't be invalidated by whatever nonsense SCOTUS comes up with in regard to the Colorado ruling, but yeah.
The original judge's ruling in the case was a mess because they were clearly trying to have it both ways and avoid taking a stand: yes, Trump is clearly a traitor, but they didn't want to be the one that said he couldn't appear on the ballot as a result. But now that COSCOTUS has found that a) Trump engaged in legally defined insurrection and b) that therefore disqualifies him from standing for elected office as a matter of straightforward application of the 14th Amendment, let's hope that gives other judges in these suits across the country nerve to follow suit. Because this is not a candy-ass or trivial statement:
That's as about as strongly worded a statement as you can get in a case like this, and it's been made by a state-level supreme court. It likely will not survive SCOTUS, but they might also try to find a way to split the difference (especially as Jack Smith has asked them for an expedited ruling on the absolute immunity question and they might have to pick one or the other in terms of helping Trump out) and come up with some vague weasel word opinion. So. We'll see. The issue is not that it applies to Trump, but that he's heretofore been handled with kid gloves and gotten the benefit of the doubt and preferential treatment at every turn. This is not that, and God, do we ever need more of it.
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The legal offensive, led by Dana Remus, who until 2022 served as President Biden’s White House counsel, and Robert Lenhard, an outside lawyer for the party, will be aided by a communications team dedicated to countering candidates who Democrats fear could play spoiler to Mr. Biden. It amounts to a kind of legal Whac-a-Mole, a state-by-state counterinsurgency plan ahead of an election that could hinge on just a few thousand votes in swing states.
The aim “is to ensure all the candidates are playing by the rules, and to seek to hold them accountable when they are not,” Mr. Lenhard said.
WHAT???
You're telling me that this guy
Suddenly gives a single shit about the rules???
The headlines about this are fucking insane also
"will giving voters access to vote for whatever candidate they want dooming democracy"
Normal headline for a country that definitely isn't being run by fascists.
Btw this is Dana Remus
"In August 2022, President Biden questioned in a 60 Minutes interview “how anyone can be that irresponsible” when asked about classified documents in the possession of former President Trump.
But when President Biden said this, he knew he had stashed classified materials in several unsecure locations for years, dating back to his time as vice president and even as U.S. senator."
[...]President Biden’s attorneys claim to have first discovered classified material at Penn Biden Center on November 2, 2022. However, President Biden and his lawyers kept it secret from the American people before the midterm elections.
CBS News broke the story in January 2023, leaving Americans to wonder if the White House had any intention of ever disclosing that President Biden hoarded classified documents for years.
You know what else they did together? Lied about codifying Roe v Wade if they won mid-terms. 6months AFTER dems won a narrow majority, Rie v Wade was overturned.
And like not to be a wacky conspiracy theorist who's right again but
"The case concerned the constitutionality of a 2018 Mississippi state law that banned most abortion operations after the first 15 weeks of pregnancy. The Mississippi law was based on a model by a Christian legal organization, Alliance Defending Freedom, with the specific intent to provoke a legal battle that would reach the Supreme Court and result in the overturning of Roe"
Guess what the Alliance Defending freedom works with and serves an agenda for?
Project 2025 yeah, the heritage foundation lists them as partners
Yeah remember how Dana Remus worked with Samuel Alito? Guess who's vote helped overrule abortion rights?
Samuel Alito, correct. Guess who else? Thomas, Gorsuch, Kavanaugh, Barrett.
All Trump appointments.
Odd company to find yourself in without having ANY ties to the ADF or heritage foundation or project2025.
I wonder who the lawyers involved were?
Scott G Stewart. Interesting. Well who appointed him, right?
In 2021, Mississippi Attorney General Lynn Fitch appointed Scott G. Stewart as Solicitor General for the State of Mississippi.
Oh so she was voted in.
Well im sure it was a normal election that Democrats didn't tamper with or anything. Like SURELY they didn't intentionally platform this woman using the Pied Piper method? SURELY NOT after platforming Trump and making the entire 2016 elections about anti-Trumpism. SURELY, they wouldn't have tried to make themselves look better by positioning themselves against extremists only to LOSE the bet they were making.
SURELY WE DIDNT LOSE ROE V WADE BECAUSE DEMOCRATS WONT STOP USING THE PIED PIPER STRATEGY TO WIN ELECTIONS? R I G H T???
Riley Collins, 53, is running against the state's treasurer, Lynn Fitch, who was the chair of the group Mississippi Women for Trump in 2016. Riley Collins is running an explicitly anti-Trump message, saying Monday that she doesn’t understand how Donald Trump's Christian supporters can reconcile their politics with their faith
Oh.
Welp.
Everyone thank democrats for Trump and the stacked supreme court and the loss of Roe V Wade. It Truly couldn't have happened without them blasting primetime tv with alt right candidates 24/7.
One day democrats will stop platforming right wing extremists and election tampering but I guess it won't be anytime soon.
Let me ask, what's the biggest argument for voting blue this year?
Right.
And how's that going? Y'all feel confident in that strategy right now?
And don't forget what they did to Bernie. Because Biden is very poetically doing the same fucking shit to sabotage 3rd parties right now.
Remember to act surprised when Trump wins.
Like voters and progressives and leftists haven't been saying for MONTHS that we won't vote Biden. Like swing states aren't voting uncommitted. Like labor unions aren't voting uncommitted. Like he isn't tanking the polls.
You know I will say that this election is a little different. Clinton didn't have nearly this much pushback so early in the race.
Biden's massive gap of votes compared to Trump is gonna look like the grand fucking canyon.
#vote#dont vote#biden#3rd parties#trump#roe v wade#2024#2025#project2025#politics#news#current events#facsism#democrats#Republicans#RFK#usa elections
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FUCK YOU, NEIL
#citing boy scouts v dale really you piece of shit#this is kennedy all over again#IT'S NOT SPEECH IT'S ACCESS#scotus#fuck you neil gorsuch#fuck you very much
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Hello supreme court justices Clarence Thomas, Samuel Alito, Amy Coney Barrett, Neil Gorsuch, and Brett Kavanaugh. You all voted to overturn Roe v Wade, and also claimed it was “settled law.”
Behind these doors are 100,000 pro-choice protestors. They have been given their choice of weapons, but mostly people went with clothes hangers and handmade signs. There’s no way out of this, you guys are just going to die. Oh, and by the way, I posted your addresses online because fuck y'all.
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How (and why) Biden should overcome the Supreme Court to end the debt showdown
’m coming to the HowTheLightGetsIn festival in HAY-ON-WYE with my novel Red Team Blues:
Sun (May 28), 1130AM: The AI Enigma
Mon (May 29), 12PM: Danger and Desire at the Frontier
I’m at OXFORD’s Blackwell’s on May 29 at 7:30PM with Tim Harford.
Then it’s Nottingham, Manchester, London, Edinburgh, and Berlin!
Is it legal for Congress to default on the US national debt? It depends on who you ask. There are a ton of good legal arguments for and against, so perhaps it comes down to what the (degraded, corrupt, illegitimate, partisan) Supreme Court says?
https://www.nytimes.com/2023/05/04/opinion/biden-administration-debt-republican.html
Put in those terms, it seems like the game was over before it began. Biden should just surrender, hand the most extreme wing of the (degraded, corrupt, illegitimate, authoritarian) Republican Party whatever it wants, even if doing so will push Biden’s approval rating even lower, dangerously close to the next federal election.
In this telling, the Republicans have already won. The decision to let the GOP steal three Supreme Court seats, combined with the decision not to end the debt ceiling charade when Dems had the majorities to do so, means that from now on, we live in the GOP’s shithole country, where the only “freedoms” that matter are the freedom to control others’ bodily autonomy and gender expression; the freedom to exploit labor; the freedom to censor ideas that challenge white nationalist, imperialist messages; and the freedom to menace with open-carry assault weapons:
https://www.nytimes.com/2023/05/19/opinion/republican-legislatures-abortion-trangender-education.html
In other words, we’re screwed. Might as well dig a hole, climb inside, and pull the dirt in on top of us.
Fuck that.
There are clear majorities in support of the Build Back Better agenda, and even for the watered down Machin Synematic Universe version we got through the Infrastructure Bill. If the Dems could mobilize voters — by convincing them that they were committed to doing things rather than capitulating — they could win strong majorities in 2024. Even in the gerrymandered, antimajoritarian America, electoral wins are possible — they just require overwhelming turnout, rather than the 50.00001% “victories” favored by “data-driven” Democratic consultants (victories that leave the party incapable of governing, and let monsters like Joe Manchin hold the entire nation hostage).
Maybe I’m wrong. Maybe doing things won’t mobilize voters. But if we’re already going to stipulate that without significant majorities, the real President of the United States is the three-headed monster (Gorsuch, Thomas, and Roberts), and the billionaires who yank their chains, then what do we have to lose?
There are a lot of things that Biden could try to get through the debt ceiling crisis without giving up on the promises he made to the American people and the programs the American Congress passed. Here’s a couple interesting ones, courtesy of Brad DeLong:
“The Federal Reserve might simply record a negative balance in the Treasury account,” then create an “overdraft” account and pay the US’s obligations out of it;
The Fed could tell retail banks trying to clear government checks that the checks didn’t clear, and the banks could tell their depositors, “ your Treasury check has bounced, but do not worry, we have credited your account, anyway, and will handle this, and please be very grateful to us.”
https://braddelong.substack.com/p/debt-ceiling-what-are-e-fallback
Of course, there are lots of other possibilities: Biden could issue an Executive Order to the effect that the Debt Ceiling violates the 14th Amendment. Or that it violates the Contracts Clause. Or he could order the Treasury to start issuing coupon-free bonds. Or he could just mint the coin:
https://www.theverge.com/2023/5/23/23734654/government-debt-default-trillion-dollar-platinum-coin
Yes, each of these would end up in front of the (degraded, corrupt, illegitimate, partisan) Supreme Court, who would very likely strike them down.
But writing for The American Prospect, Ryan Cooper argues that this could still be sound tactics:
https://prospect.org/economy/2023-05-25-democrats-fear-supreme-court/
If Biden does something about the debt default, and the Supremes block it, then the default is their fault. What’s more, it’s a mess they absolutely do not want to get into, like deciding which of the US’s creditors will and won’t get paid when they sue over the default. And if the court won’t do it, will they give the president the power to “just pick and choose what gets paid? That would give him a de facto line-item veto over the entire budget, and the Court has already ruled that a law explicitly giving him that power is unconstitutional”:
https://en.wikipedia.org/wiki/Clinton_v._City_of_New_York
Basically, if the Supreme Court kills Biden’s attempt to resolve the budget crisis, then it becomes the Supreme Court’s problem, as everyone owed a federal payment “say, Social Security beneficiaries or military contractors,” brings a case — “There would be tens of millions of such potential litigants.”
So what should Biden do?
Call their bluff.
First, mint the coin. If the court strikes that down, issue coupon-free bonds. If the court strikes that down, declare debt ceilings to violate the 14th Amendment. If the court strikes that down, declare it to violate the Contracts Clause. Keep doing it. Throw in every solution including the kitchen sink — but never give into the GOP’s demand for Biden to violate his promise to the American people and unilaterally tear up laws establishing programs that make our lives better.
This is what Lincoln did when the Supreme Court blocked his attempts to end slavery. It’s what FDR did when they blocked the New Deal. The court doesn’t have an army, it can’t force its decisions on the American people. It doesn’t have a bureaucratic workforce and it can’t take over the administrative branch — hell, they don’t even have the keys to the office buildings.
The Supreme Court’s power comes from its legitimacy, not force of arms, and while they may not act like it, the Supremes know in their bones that without legitimacy, they are nothing:
https://pluralistic.net/2023/03/25/consequentialism/#dotards-in-robes
The justices in stolen seats have made it clear that they consider themselves to be “a de facto super-legislature that rules in favor of its own partisan policy objectives based on tendentious up-is-down reasoning or no reasoning at all.” This is an illegitimate proposition.
The Supreme Court can’t get any less legitimate. If Biden were to ignore the Supremes and make good law in the teeth of their pronouncements, it couldn’t make the situation any worse than it is today. The Supremes have set themselves against labor law, against climate resiliency, against bodily autonomy, against political accountability, against the rule of law itself. We should not — we must not — cede the power to overrule democratically elected lawmakers and the will of the people.
As Cooper says, Biden should tell the Supremes to go pound sand and then “raise holy hell in speeches and the press to make clear the grotesque irresponsibility of what is happening”:
Here’s an institution trying to cause a completely pointless national default, destroying untold jobs, businesses, and the credit rating of the country, whose elite members are all unelected, where five members of the majority were appointed by a president who took office after losing the popular vote, and one of whom occupies a blatantly stolen seat. Here’s an institution that has struck down anti-corruption laws by the bushel and is openly rolling in oligarch graft like Scrooge McDuck, while declaring itself to be immune from oversight. All that would add to the political pressure on the justices.
If Biden can’t do well for the American people they they will not turn out in the massive majorities that Democrats need to get minimal majorities. If Biden can’t do well for the American people, then Biden — who would lose an election to either Ron DeSantis or Donald Trump if it were called today — will turn America’s predators loose on its people for at least four more years:
https://jacobin.com/2023/05/2024-presidential-election-2016-donald-trump-joe-biden/
And let’s face it, it’ll be Trump. DeSantis is dead in the water. The GOP is the party of out-of-control, swivel-eyed loons who’ve been whipped into a terrorized frenzy by an evil, crapulent senescent Australian billionaire and his freak henchmen, like the taint-tanning frozen food failson. They aren’t going to elect “smart Trump.” They like “stupid Trump” (AKA “Trump”) too much.
Catch me on tour with Red Team Blues in Hay-on-Wye, Oxford, Manchester, Nottingham, London, and Berlin!
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/05/26/mint-the-coin-etc-etc/#blitz-em
[Image ID: A kitchen sink. The Supreme Court building protrudes from it. Behind the sink is a window. Joe Biden grins from the other side of the window.]
Image:
Joe Ravi (modified)
https://commons.wikimedia.org/wiki/File:Panorama_of_United_States_Supreme_Court_Building_at_Dusk.jpg
CC BY-SA 3.0
https://creativecommons.org/licenses/by-sa/3.0/deed.en
#pluralistic#elections have consequences#president trump again#x-day#debt ceiling#consequentialism#scotus#supreme court#hardball#elections#contracts clause#coupon-free bonds#paul krugman#14th amendment#executive orders
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i LOATHE AND DESPISE the supreme court. Fuck the six that voted on something that will fuck up the lives of MILLIONS of people. Fuck this.
Fuck you Amy Coney Barrett
Fuck you Brett Kavanaugh
Fuck you Neil Gorsuch
Fuck you Samuel Alito Jr.
Fuck you John G. Roberts Jr.
Fuck you Clarence Thomas
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although bouie sort of misses what at this point should be an obvious and basic reform, which is pass a civil code and abolish the judicial basis for common law. without a principle of parliamentary supremacy, the freedom for judges to make law under the common law system in the US has created this weird system of unrestrained judicial supremacy that even when it’s not actually antidemocratic lets the legislature cede its responsibility in a lot of areas to the courts, and i think that’s a bad way to govern! it does really weird things to policy in the US to have it so heavily shaped by judges.
for instance, there is zero basis in the constitution for the incorporated/unincorporated territory distinction; iirc that’s entirely a relic of the insular cases (which were decided on explicitly racialized grounds that absolutely would not fly today; neil gorsuch is on record basically begging someone to challenge the insular cases so they can be overturned), but it has a major effect on how programs for citizens like SSI are administered (not available in puerto rico--because fuck you! that’s why) and on what people born within the united states actually get u.s. citizenship. that’s a hugely important piece of policy that has stood basically unaddressed for 120 years because of a series of supreme court decisions congress has basically just totally failed to address. policy that consequential should be enacted by congress!
it is strongly reminiscent to me of the way congress has essentially ceded all oversight of and decisions about who the U.S. goes to war with to the executive--war is never declared, so congress never has to make decisions about or debate the pros and cons of military intervention if it doesn’t want to, it can just blame or praise the president after the fact. coupled with a willingness to basically write a blank check to the pentagon it means the u.s. military operates with way less democratic input and oversight than it should--not zero, the president is still elected and occasionally congress does get involved, but much less than before ww2. it’s not great for representative government to have the body of representatives cede responsibility for major functions to other branches of government.
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I’ve been trying to process the latest SCOTUS decisions all day and I’m truly having trouble coming to terms with what this means. In the course of two days, a group of privileged, racist assholes have destroyed affirmative action, student debt relief, and the possibility of queer people utilizing public accommodations without being discriminated against. The fact that this all came on the last day of pride month, in a year where we have seen more POC and queer people targeted and harassed than ever in the 21st century, feels like an absolute punch to the gut.
The worst part is how fucking telegraphed this all was. They’ve been after these cases for years and they finally got do what they wanted. Thomas told us after Dobbs that gay rights were next. Gorsuch wrote himself a big old libertarian opening in Bostock through which, with that as precedent, he could argue that any protected group constituted discrimination. They’ve been going after affirmative action since the 60’s.
The plaintiff in the 303 Creative case (the wedding website designer) literally has no standing, since her filing claim has been revealed to be a complete lie. The court does not fucking care: they were looking for a way to weaken acceptance for gay marriage and they took it, no matter the representative. The same problem exists with the student debt relief decision: Missouri has no standing since it does not control MOHELA. The facts, presented by the highest fucking court in the country, are literally incorrect. They’re not even trying to obfuscate at this point.
I will absolutely not be surprised when we see a challenge to Obergefell on the docket next year — no need to design a website for a gay wedding if there are no gay weddings. To anyone who’s going to try to tell me I’m exaggerating or that won’t happen: I was also called hysterical when I said, the day that RBG died, that it was the end of Roe. Stop telling POC, queer people, and any other marginalized group that we’re wrong to imagine the worst and just fucking listen to us when we tell you what’s coming. Help us. Help us protest, vote, raise awareness. The alternative is selective extinction, and I’m just going to quote something MLK wrote half a century ago: “He who passively accepts evil is as much involved in it as he who helps to perpetrate it. He who accepts evil without protesting against it is really cooperating with it.”
Complacency is complicity. Don’t be fucking complicit.
#scotus#303 creative#affirmative action#student debt relief#I’m so fucking tired#I’m tired of being told my existence is conditional#I’m tired of being fucking ignored#or dismissed#this is fucking heartbreaking and yet I can’t even be surprised#Supreme Court
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