WHAM. Rejection by SCOTUS. BAM. Continue reading Supreme Court To Trump: Drop Dead
“Oh the games GOPers play now. Every night and every day now. Never meaning what they say now Never saying what they mean.” Continue reading The Games Republicans Play
My predecessor as publisher, Athenae, started the Not Everything Sucks series because most things did. I’ve let the feature slide in the past year but it’s time to put on the proverbial happy face and smile, smile, smile today, especially … Continue reading Not Everything Sucks: The Posthumous Plessy Pardon
There’s a definite theme to today’s posts. First, Michael F then Cassandra expressed their indignation over oral arguments in Dobbs v. Jackson Women’s Health Organization hereinafter just plain Dobbs. Far be it from me to break the chain of righteous indignation at the GOP, the MSM, and a SCOTUS on which Justices Thomas and Alito seem to be the dominant members.
Abortion has long been the GOP’s political catspaw. Raging against Roe v. Wade became mandatory in the 1980’s. Poppy Bush was pro-choice before becoming Veep and he downplayed his flip-flop on the issue for many years. After Bush’s defeat in 1992, Republicans were briefly in disarray over whether culture war issues should have dominated the Bush campaign. The culture warriors won the argument and the Gingrichification of the GOP commenced.
The politics of abortion rights has cut in the GOP’s favor since the 1994 Gingrich wave election. Limitations on Casey v. Planned Parenthood’s undue burden test began to pile up. That secured the fealty of the religious right to the GOP and the winnowing out of pro-choice Republicans. Conservatives such as Barry Goldwater were pro-choice because they were against government overreach in all aspects of life. Those days are long gone.
A majority of Americans has always been pro-choice, but they’ve been out shouted by the so-called pro-lifers. You know what they say about the squeaky wheel. Nobody squeaks louder than the anti-choice right. They may well get their way in the wake of Dobbs, but there’s another old adage at work here: Careful what you wish for. The GOP was better off having abortion as an issue. It’s unclear what form the backlash will take, but it will come.
I discussed my frustration yesterday at how people have ignored Casey and overstressed Roe. That was not the case in the courtroom on Wednesday. Mississippi solicitor general Scott Stewart mounted a sustained attack on Casey’s undue burden standard which prompted Justice Sonia Sotomayor to say this:
What hasn’t been at issue, in the last 30 years, is the line that Casey drew of viability. There has been some difference of opinion with respect to undue burden, but the right of a woman to choose, the right to control her own body, has been clearly set since Casey and never challenged. You want us to reject that line of viability and adopt something different. Fifteen justices over 50 years, or I should say 30 since Casey, have reaffirmed that basic, viability line. Four have said, no. Two of them, members of this Court, but 15 justices have said, yes, of varying political backgrounds.
Now, the sponsors of this bill, the House bill, in Mississippi said, “We’re doing it because we have new justices.” The newest ban that Mississippi has put in place, the six week ban, the Senate sponsor said, “We’re doing it because we have new justices on the Supreme Court.”
Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts? I don’t see how it is possible. It’s what Casey talked about when it talked about watershed decisions. Some of them, Brown versus Board of Education, it mentioned, and this one have such an entrenched set of expectations in our society, that this is what the court decided this is what we will follow. That we won’t be able to survive if people believe that everything, including New York versus Sullivan, I could name any other set of rights, including the Second Amendment, by the way. There are many political people who believe the Court erred in seeing this as a personal right, as opposed to a militia right. If people actually believe that it’s all political, how will we survive? How will the Court survive?
I indulged in quote overkill because Justice Sotomayor’s point about the supreme stench is even more powerful in context. The stench of politics is greater than at any time in the court’s history. The previous peak stench was the 2000 election case, Bush v. Gore. The best thing John Roberts has done as Chief Justice is to tamp down the stench of politics emanating from court radicals such as Thomas and Alito, The rule of six may render that task impossible.
Our fearless leader discussed the oral argument at the Supreme Court about the Mississippi abortion law earlier, but I am not going to tackle any of the legal stuff. I’m not going to tackle it because I am so fucking … Continue reading The Bastards Are Grinding Me Down
Adrastos goes Dickensian on your asses. Continue reading The Law Is An Ass
If you’ve been watching the baseball playoffs you’ve been inundated with ads for gambling websites. Oh, sorry, I mean gaming websites that allow casual fans to compete for pots of money based on correctly predicting who would win, by how much, how many total points would be scored, and many other aspects of the game.
But according to them that’s not gambling.
I’m not going to name the sites since I prefer they at least spend some of their profits on paying for advertising and they ain’t giving me any of it. And they do pay a lot. Watch an hour of a playoff game and you will likely see three ads for one particular site, plus there will be some banter (no doubt paid for) between the announcers about said site or the bets you the viewer can place. And make no mistake, you can place bets on just about anything that happens in a game; whether the next pitch is a curve ball or the next batter will hit a line drive or the batter after him will hit a fly ball to the right side that is caught by the shortstop who is playing over by second base because of a shift and will the team in the field continue to employ a shift for the next batter.
All from the comfort and ease of your living room through the miracle of cell phone technology. What hath Steve Jobs wrought?
And if you thought “wait a minute, I thought sports betting was illegal everywhere but Nevada” you haven’t been paying attention to the Supreme Court. Three years ago the court in a pretty near unanimous ruling said the federal government had no place in preventing states from allowing sports betting. If Iowa wants to let their farmers bet on Hawkeye football who are the feds to tell them no? Interstate commerce and all that.
Once that ruling was announced the floodgates opened. All parties wanted their piece of what everyone knew would be a huge pie. The sports leagues, the statistics companies, the cell phone companies, the television networks, and of course the gambling sites. Sports leagues, which for years ran away from anything that even suggested there was gambling going on involving their games, suddenly were partnering with betting sites to make sure they got their cut. ESPN, having already purchased Nate Silver’s FiveThirtyEight website a few years earlier, poised themselves to be the premier statistician for the new age of gambling. And of course all the networks became even more invested in sports programming. After all, having a money interest in the outcome of every play is a powerful incentive for the viewer to continue watching even during the commercials.
But it is the leagues, and through them the players, who have the greatest interest in fans putting a few bucks down on The Bucks. The cut from the gambling sites will more than offset any drop off in attendance or even, heaven forbid, a drop in their rights fees from television or radio. And the players see revenue from gambling as a piece of the pie they have a right to. This coming winter’s negotiations between Major League Baseball and the players over The Basic Agreement (the rules all clubs and players must have in their contracts) might very well come down to how much of a cut the players get from the gambling sites. After all, it’s their actual performances that are being bet on. Which brings up the issue of whether those performances or even the statistics that accrue from those performances are the intellectual property of the individual players or of the teams they play for or of the league as a whole.
So everyone is gonna make money, what’s the downside?
Back in September, U.S. Supreme Court Justice and Former Workplace Creeper Clarence Thomas gave a speech at the University of Notre Dame. In it, he chastised judges for becoming too political. “The court was thought to be the least dangerous branch and we may have become the most dangerous,” he said. Then a huge Vortex of Irony formed over Justice Thomas, and pulled him and all attendees into a void, never to be seen again. Not really, but such criticisms are rich coming from the Federalists Society’s 2016 keynote speaker. The Deeply Hurt Feelings of the Supreme Court’s Conservatives theme … Continue reading Supremely Anti-Democratic
Who said that Metry native Amy Coney Barrett has no sense of humor? The Trump appointed Supreme, hereinafter and forevermore Justice Coney Clueless, picked an odd place to declare that the Roberts Court “is not comprised of partisan hacks.” The … Continue reading Justice Coney Clueless Meets The Turtle
I’m going to cut to the chase: the Republican Supreme Court justices are cowards. Their order came out under the cover of night—and on a night where much of the country was riveted by the complete havoc the remnants of Hurricane Ida were wreaking on the East Coast—and it was unsigned. They didn’t hold a hearing or consult with legal and medical experts. They didn’t address the substance of the Texas law or even attempt to identify any constitutional issues. They gave an unsubstantiated and unrelated reason to deny the request to block the enforcement of the law, and then … Continue reading If I Were King of the Forest
There’s a new milepost on the country’s journey to be the American version of A Handmaid’s Tale. Last night the Supreme Court allowed a new Texas anti-woman law to take effect. This law prohibits abortions after 6 weeks, and so effectively outlaws most abortions in Texas. I say “anti-woman” because that is what the anti-choice movement is these days. It’s not actually about stopping abortion. It’s about actively punishing women for being women, and especially for being sexually active without their permission. The movement went mainstream when TFG casually said that if abortion were made illegal, women who had abortions … Continue reading The American Taliban is Ascendant
If pressure tactics didn’t work with RBG, why will they work with Justice Breyer? Continue reading On Justice Breyer
It’s been another bad weather week in New Orleans. I’m actually looking forward to what is forecast to be a hot weekend because I’m so tired of rain and being weather-aware. Hell, it’s not even hurricane season yet. Btw, my name is on the hurricane list and I don’t mean my pen name, Adrastos. I’m not displeased, I don’t mind scaring people.
Beatles month continues with one by George Harrison. He wrote this week’s theme song for The Beatles 1966 album Revolver. It was their first record to take a walk on the experimental side, especially in Lennon’s songs. George’s lyrics for I Want To Tell You are somewhat surrealistic hence the Max Ernst featured image. Max is my go-to surrealist.
We have four versions of I Want To Tell You for your listening pleasure: The Beatles original, George live with Eric Clapton’s band, The Smithereens, and Jeff Lynne from the Concert For George.
Like George, my mind is filled with things to say. I’ll share them after the jump.
“Do not bury the crime in the clutter.” Continue reading Merrick Garland’s Time
Go ahead, make my day. Continue reading Self-Pardon Yourself, Donald. I Dare You.
DO NOT FEED THE TROLL. Continue reading Sycophancy, Not Sedition
So, Freepers – how did that that Ken Pax-Man Supreme Court lawsuit that was going to save The Darnold even better than a Sidney Powell Kraken work out for ya?
SCOTUS Denies Texas
legalinsurrection.com ^ | 12/11/2020 | Staff
Posted on 12/11/2020, 5:37:10 PM by jroehl
155, ORIG. TEXAS V. PENNSYLVANIA, ET AL. The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot. Statement of Justice Alito, with whom Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue.
To: jroehlHow the heck is this even possible?!?!
Um – one state can’t dictate election terms to any other state? I know it’s a shocker….
The Soap BoxThe Ballot Box
The Jury Box
<———you are here
The Cartridge Box<———you are here – fire at will
Actually, I predicted that the matter of standing would block this case from consideration.My fellow Freepers, while I acknowledge the moral righteousness here and also acknowledge that “no standing” is a typical judicial dodge to avoid making controversial rulings, we have to ask ourselves if one state really has standing to sue over how another state runs its business.
Common sense and morality are not necessarily the basis on how The Law works.
OK, well, I don’t know about anyone else, but as for me – I’m going to war.- Mike out.
Trump loses again. Continue reading Texas Twisted: I Told You So
“That ain’t the way to have fun, son.” Continue reading Tweet Of The Day: Mama Told Me To Not Come
A sham and a shame. Continue reading Why I’m Not Watching The Barrett Hearings
Ruth Bader Ginsburg, 1933-2020. Continue reading After Justice Ginsburg
Instant analysis meets Tolly Devlin. Continue reading Split Decision
Ex-adviser John Bolton risks facing charges if he publishes book
DW ^ | 16 June 2020 | DW
Posted on 6/16/2020, 5:21:26 AM by Cronos
Donald Trump said his former National Security Adviser John Bolton may face a “criminal problem” if he goes ahead with the publication of his book that is expected to be highly critical of the president.
US President Donald Trump said on Monday that his former national security adviser, John Bolton, could face criminal liability if he doesn’t halt the publication of his new book that is expected to provide an insider account of the Trump administration.
“I will consider every conversation with me as president highly classified. So that would mean that if he wrote a book and if the book gets out he’s broken the law,” Trump said. “That’s called criminal liability. That’s a big thing,” he said.
Bolton, who served as Trump’s national security adviser for about 18 months, is a controversial figure in Washington. He is a Republican policymaker known for his hawkish stance on foreign affairs. Bolton was fired by Trump in September 2019 over simmering differences on a range of foreign policy issues, most notably North Korea and Afghanistan.
‘Addicted to chaos’
In the book, titled “The Room Where It Happened: A White House Memoir,” Bolton writes that almost every decision by Trump was motivated by domestic politics, and that he committed impeachable offenses even beyond the charges related to Ukraine.
“I am hard-pressed to identify any significant Trump decision during my tenure that wasn’t driven by reelection calculations,” Bolton writes in the book, according to a statement by the publishers, Simon and Schuster.
The book describes Trump as “a President addicted to chaos, who embraced our enemies and spurned our friends, and was deeply suspicious of his own government,” the statement said.
Trump has accused Bolton of not completing the clearance process required for a book by former government officials who had access to sensitive information. While Trump admitted he had not read the book, he said the problem of revealing conversations with the president “becomes even worse if he lies about the conversation, which I understand he might have in some cases.”
“We’ll see what happens. They’re in court or they’ll soon be in court,” Trump said.
US Attorney General William Barr also raised concerns over the pre-publication review process, and added that the Trump administration was “trying to get them to go through the process and make the necessary deletions of classified information.”
Bolton’s lawyer Chuck Cooper has contradicted these statements, saying that his client had painstakingly worked with classifications specialists at the White House National Security Council to ensure classified material is not published.
“This is a transparent attempt to use national security as a pretext to censor Mr. Bolton, in violation of his constitutional right to speak on matters of the utmost public importance,”according to Cooper. “This attempt will not succeed, and Mr. Bolton’s book will be published June 23.”
Bolton should stop this publishing action now. What is he trying to do??And look at Bolton’s lawyer pulling out nonsense from his hat
The book describes Trump as “a President addicted to chaos, who embraced our enemies and spurned our friends, and was deeply suspicious of his own government,” the statement said.
Boltons’ book is a lying hit piece straight out. Bolton is a piece of shit who deserves a curb-stomping.
To: Leaning Right
“John Bolton risks facing charges”
You mean like Strok and Paige or Comey or Brennan or Clapper or Schift or Rosenstien or McCabe? You mean that kind of risk? You mean because he stole pages of notes from meetings he attended with Trump and others and used them to write his book. Risks my ass, nothing will happen to him.
There was a time when
I likedevery Freeper worshiped John Bolton.
Last fall, I devoted much of my blog-tention to the Kavanaugh Mess. I wrote some 20 posts about it and even created a category devoted to all things Justice Bro. I’d effectively retired the category until today when it roared … Continue reading The Return Of The Kavanaugh Mess
Adrastos on Trump’s offensive language offensive. Continue reading Trumper Incitement Speech
Jim Bouton, 1939-2019.
John Paul Stevens, 1920-2019. Continue reading John Paul Stevens & Jim Bouton, R.I.P.
Adrastos on the Alabama lege’s frontal assault on abortion rights. Continue reading Alabama Goddam
The Fog Of Scandal Meets The Fog Of History. Continue reading Massive Resistance
March is the cruelest month in New Orleans for allergy sufferers like me. The weather has been sunny and cool; perfect for outdoor activity. The rub is the oak pollen that can be found everywhere. It coats cars, sidewalks, and any surface it can light on. It makes me feel itchy and my nose run like a broken faucet. The most dramatic symptom involves my eyes, which resemble red gravy in sockets if such a thing is possible.
Enough bitching about my allergies. This week’s theme song was written by Richard Thompson and was the title track of his 1983 solo album. It was his first record after breaking up personally and professionally with Linda Thompson. It’s one of his finest albums featuring some of his best songs and that’s saying a lot.
We have two versions of Hand Of Kindness for your listening pleasure. The studio original and a live version from Cropredy circa beats the hell outta me.
Now that I’ve extended the hand of kindness, it’s time to jump to the break. Given the RT album cover, we may have to do so at the Chelsea Embankment. Splash.
Once again, New Orleans showed the world how to turn adversity into a party. I’m talking about the widespread local boycott of the Super Bowl. It was easy for me. I rarely watch unless I have a rooting interest in one of the teams. I wasn’t down for some of the dumber aspects of “no-call gate” such as claims that the Saints wouldn’t have gone to the big dance after a similar bad call, or that the Rams were cheaters BUT we *wuz* robbed. I blame the league and the referees, not the Rams who lost in one of the dullest Super Bowls in years. Yawn. Brady and Belichick won again. Yawn.
New Orleanians quickly moved from the Super Bowl controversy to an argument over the Krewe of Chewbacchus. It’s a geek/sci-fi parade that sprung up a few years back. I like the idea but hate the execution. I like parades to move quickly and not stall for hours as Chewbacchus invariably does. Yawn.
The head of the krewe styles himself, not as a humble Captain, but as “The Overlord.” He floated a trial balloon that they *might* exploit a loophole in city ordinances and allow commercial sponsorship. That’s a big NOLA no-no: the krewes, not corporations, throw a party for the city and its citizens. The “Overlord” quickly crawfished and claimed he was just joking but I know a deflated trial balloon when I see one. Pop goes the geek weasel.
This week’s theme song was written by Steve Miller and was the title track of his1976 hit album. The Fly Like An Eagle single was a monster hit, peaking at number two on the Billboard charts.
We have three versions for your listening pleasure: the original SMB hit, a live version with guitarist Joe Satriani, and a cover by my homeys, the Neville Brothers:
Now that we’ve soared like eagles, let’s jump to the break, Hopefully, there will be a tailwind so we won’t break our tail feathers or is that bend? Beats the hell outta me.