Justice Sotomayor's fear is grounded in her rational sense of justice and the rule of law, and her dissent is a clear warning.
President Biden agreed when he said in response:
I concur with Justice Sotomayor's dissent today. Here's what she said..."In every use of official power, the president is now a king above the law...With fear for our democracy, I dissent". End of quote. So should the American people dissent. I dissent.
And I dissent.
The founders wanted a president, not a king.
Sadly, they couldn’t have foreseen the disastrous consequences of their horrible decision to mandate lifetime judicial appointments, an anti-democratic Senate and electoral votes for the presidency.
A radical Right Christian nationalist majority on the Supreme Court has decided a president, and former president Trump in particular, is now above the law in his so-called “official acts”. This comes as no surprise to those of us who clearly saw the actions of this court were intended to shield Trump from accountability and to delay, obstruct, and DENY justice.
So why can't Biden now order his DOJ to arrest those justices for obstruction of justice and aiding and abetting Trump's crimes as his "official act"? He can certainly direct them to disrupt and deny state election counts by just saying, "The election was corrupt. Do it over". He can tell Kamala to deny election certification next January. Maybe he can declare Trump a domestic terrorist and by an "official act" have him taken out. Why not?
By protecting Trump from accountability, the corrupt partisan majority with three justices appointed by Trump, has shredded our Constitution and destroyed our republic by allowing the president the virtual immunity of a dictator. A president may now cite any of his crimes as “official acts”. And he has a Supreme Court majority in his pocket to assure every one of his crimes can be called an “official act”.
Among other authoritarian edicts, the Supreme Court has just decided it is an "official act" of the president to order his minions in the DOJ to INTERFERE with an election on his behalf.
We now have a US version of the
Enabling Act, passed by the German Reichstag on March 23, 1933, which allowed
Chancellor Adolf Hitler to assume dictatorial powers.
Remember the quaint notion of an independent Department of Justice?
Chief Justice Roberts killed it. He essentially implemented Project 2025’s stated goal to politicize and weaponize the DOJ:
Page
552
Mandate for Leadership: The Conservative Promise
The Director of the FBI must remain politically accountable to the President in the same manner as the head of any other federal department or agency. To ensure prompt political accountability and to rein in perceived or actual abuses, the next conservative Administration should seek a legislative change to align the FBI Director’s position with those of the heads of all other major departments and agencies.
Or
as exemplified by the Third Reich, the Director of the Gestapo must remain
politically accountable to the Fuhrer.
The radical Right wants Trump to be a dictator. And that's exactly what we'll get, unless American voters overwhelmingly join Justice Sotomayor's and President Biden's dissent as well.
Chief Justice Roberts endorsed this travesty when he corruptly elevated a person, even a convicted felon, to being above the law to "take care that the laws be faithfully executed".
The fascist decrees by these red hatted so-called Justices have desecrated the very word "justice".
These authoritarian "In-Justices" have twisted the motto "Equal Justice Under Law" over the entrance to our highest court into an "official lie" that now echoes and establishes as law Orwell's dystopian, "All animals are equal, but some animals are more equal than others".
Is this the final Big Lie that terminates our republic?
“This country is finished". - George Carlin
Posts
31 comments:
I hope Dave and his fellow Marxists have plenty of crying towels.
The only silver lining in this dystopian nightmare is that the SCOTUS has just handed Trump, if he wins, even more power to commit even more crimes of corruption, revenge on individuals and media organizations, self enrichment and who knows what else? Murder? All with complete immunity simply because he would hold the office of the presidency.
THAT, should be the galvanizing wake up call to every decent American to put aside petty grievances and get out to vote and make sure this never happens. Think very carefully about what the court has just handed him if he wins. Even more power. And in such immoral, malevolent hands.
Shaw,
I share your hope that enough Americans wake up to the Right's destruction of our democracy and rule of law.
In the meantime Biden can do whatever HE wants, including having his DOJ arrest the six criminals on the Supreme Court for obstruction of justice and aiding and abetting an insurrectionist felon.
He can ask Judge Merchan to sentence Trump to prison on the 11th. He can order the DOJ to revoke Trump's bail and lock him up until his trial.
What does he have to lose? It's now legal.
Anonymous demands, "Tell us again how conservatives are dangerous but leftist aren't."
"Conservatives" support suppressing reproductive and voting rights AND dictatorial immunity for an insurrectionist felon.
Leftists support equal justice under law and democracy.
And Howdy, Vern.
Welcome back from your time-out room!
IF you want to continue to deflect and falsely accuse, instead of discuss, first you MUST tell me what makes me or any Democrat a "Marxist". This means citing my words that fit the definition of Marxist.
If you refuse, or can't support your accusation, then you are a LIAR and your lies will be deleted.
Put up, or shut up and enjoy going back to your time-out room. ;-)
Biden should now:
A) Insure Trump heads to jail.
B) Declare election postponed until ALL trials have taken place and all judgement rendered.
C) If Trump is found innocent he is allowed to run. Found guilty, jail time and keys thrown away.
In the name of national security he should, as Dave points out, arrest the six neo-Nazi conservative "justices" and nominate six progressives while he has the senate.
It's time for dems to play hardball and knock the neo-Nazis out of power. IOW, use the gift the scotus handed President Biden while he can. Before it is too late and Trump is in office for life.
Dave, have you noticed there are no conservatives, GOP members or MAGA folks talking a lot about original meaning or textualism today?
Maybe cause no one will find the words "absolute immunity" anywhere in the Constitution.
Let's remember, the appeals judges, two of whom are conservatives, rejected the idea, saying, "we do elect a king".
The SCOTUS folks however, think differently.
Les,
Biden should consider all options given to him under the criminal-abetting red-hatted In-Justices. He should call for the impeachment of Thomas and Alito for shamelessly accepting bribes. He should appoint 5 new Justices as as official act. Why bother changing the law when the president is above it?
Will Dems finally learn what the hell they are up against in time?
Dave,
What the partisan In-Justices did was blatantly unconstitutional.
The neo-Nazis no longer require any lame arguments about the founders' intent to support their goals. They've decided Ben Franklin's words, "a republic if you can keep it" gave them license to end it. They HATE democracy and equal justice under law that much.
If you give a boy a toy, will he play with it? Why blame Trump for the action of the Supreme Court? All politicians will use the power they have, so don't give them the power. This is the fault of the Supreme Court and effects more than Trump.
Anonymous,
Yes, this is the fault of the Supreme Court and it effects more than Trump.
Why blame Trump? HE appointed a third of the court, with two appointments through the unprecedented machinations of Mitch McConnell, who essentially stole two seats for him Remember when the Black guy was president 8 months out was "too close" to the election, but for Trump the WEEK before was just fine?
And yes, all politicians will use the power they have, but too many ABUSE their power. See McConnell's treachery and Trump's coup. Now the Supreme Court has ABUSED their power to give Trump total immunity for his crimes before the election. They obstructed justice on his behalf.
This is how to kill a republic and create a dictatorship.
Biden has TOTAL immunity right now if acting in his official duties. So, what could be more in line with his official duties than protecting and preserving our republic from threats both foreign and domestic. Right now we are facing a grave threat from within. That of traitor Donald J Trump, the corrupt scotus, and the gop.
Les,
Marcy Wheeler has an excellent suggestion.
SPIRIT OF REVENGE: JOHN ROBERTS SAYS JOE BIDEN CAN DEMAND AN INVESTIGATION OF GINNI THOMAS
https://www.emptywheel.net/2024/07/03/spirit-of-revenge-john-roberts-says-joe-biden-can-demand-an-investigation-of-ginni-thomas/
John Roberts has invited Joe Biden to call up Merrick Garland and demand not just that DOJ open an investigation into Ginni Thomas, but to appoint a Special Counsel who could continue the investigation for the foreseeable future.
By refusing all review of improper pressure on the Attorney General, John Roberts has not eliminated the risk of revenge and despotism.
He has, rather, sanctioned it.
Biden don’t know WHO, or WHAT, or WHY,now he blames blames the recent overseas traveling that gave him “Jet Lag for his disastrous debate: last Thursday night. Saying that he nearly fell asleep on stage , that’s how tired he was!
Not to mention that it was he 17 days ago that he returned to the United States.
"I didn't have my best night that night," Biden told supporters. "I wasn't very smart. I decided to travel around the world to a couple of time-zones,
I didn't listen to my staff. And then I came back and I nearly fell asleep on stage,"
First ,it was traveling on AF1 isn't like the middle seat on SW Airlines.
Second, he took a weeks vacation leading up to the debate.
The third excuse was that he has a bad cold.
Then it was because his handlers over “Prepared Him”
The excuses keep getting more ridiculous.
Then it was Hey, everyone can have a bad debate.
Now it's that difficult travel in a flying 5 star luxury hotel 17 days earlier did it.
And now, the vultures are gathering to decide just how to get RID OF HIM!
And the leftist loon who destroyed California is apparently on the Democratix Socialist short list to replace Biden.
Opinionated,
That sounds terrible. And to think the Supreme Court just handed Biden IMMUNITY.
He can order his DOJ to investigate Clarence and Ginni Thomas, Alito, and Kavanaugh.
He can commit any crime and call it an "official duty".
How do you feel about that?
And no matter how sleepy Joe was in the debate, he called out Trump for his violent insurrection and Trump LIED way more than he did.
How do you feel about that?
Here's how I feel. I would vote for a head of cabbage over the convicted felon and sociopath Trump.
The opinionated righty is simply a cut and paste artist. Probably has dozens of monikers.
What we have though in President Biden is a man of high character who respects the institutions of government. His moral code would not allow him to order the DOJ to go after Ginni or Clarence or anyone else. I for one think he should and publicize everything it finds. Maybe the repubs are right on this. Character means nothing to them. Maybe the Dems should move that down on the list of requirements for elected office.
JoeBama,
Character, truth, decency, and democracy are not their values.
Greed, power, domination, white nationalism, and punishment for those they hate are their true "values".
Yeah, we can gather from his opening words, "Biden don’t know", he's not fluent with the English language, so he's likely unable to think for himself.
And I'd certainly prefer a democratic socialist over a convicted felon MAGA neo-Nazi ANY day.
I'd take Mickey Mouse over 99% of these republican kooks. A real shame is how Biden is and has been treated not just by the righties, but by the media almost as a whole. I'm sorry people get old. Clint Eastwood is old. But the reality is Biden has been a damn good president. As I pointed out on Shaw's place, my wealth has doubled during Biden's presidency. His policies have kept inflation from skyrocketing. This is a policy that helps working families. It doesn't benefit the wealthier in any painful way. It helps them by increasing their property values and charging higher rents. This doesn't seem to be reported anywhere. It's all now when will Biden resign. Knives are out. Anonymous sources are saying things anonymously. I say fuck them if they are afraid to say it in the open. I personally think from a political perspective he should drop out. I see no way his campaign can come back from his debate. It sucks since I believe he is a real good, borderline great president but we can't afford Trump getting more Supreme Court appointments or destroying Obamacare and Social Security as well as the reigning in of drug prices which Biden has done.
JoeBama,
I was hoping Biden wouldn't seek a second term, but if he's on the ballot I will enthusiastically vote for him.
If he withdraws for health reasons, (There are no other valid reasons) the Dems won't be the only party in a frenzy. Republicans won't know who to concentrate their venom on until after the convention.
It's tragic how the pundits and corp-media IGNORE the actual content of Biden's debate points, just to go for the sensation of appearance and tone of voice.
They'd have tolerated Hitler too. He was such a GOOD speaker!
Of course I will vote for him as well as send another $100 check.
He maneuvered the Republicans and the country to get his judges appointed, but he could not foresee the courts cases or their implications.
Anonymous,
If you mean McConnell, he still corrupted the Court with partisan hacks. But worse yet, He alone decided to tell his Senators to vote not guilty on Trump's second impeachment after his violent coup. This was tantamount to abetting the insurrection.
As much as i know President Biden has lost some mind sharpness/quickness, and i wish he would stand aside, I too will unquestionably cast my lot behind him and the democratic slate should he remain on the race.
Project 2025 must not ever happen.
textualism /tĕks′choo͞-ə-lĭz″əm/
noun
A theory of legal interpretation emphasizing the importance of the everyday meanings of the words used in statutes. Strict adherence to a text, especially of the Scriptures. Textual criticism, especially of the Scriptures.
The American Heritage® Dictionary of the English Language, 5th Edition • More at Wordnik
There you go! A conservative has talked about textualism, now where is the liberal discussion?
Vern,
Thanks for the definition.
Now show us the TEXT in the Constitution that allows for presidential immunity for any crimes he says are "official duties".
THAT is the "liberal discussion", and you will likely have no response.
Vern's idea of who should run the country with immunity from justice:
Just to review:
- Trump’s Chief Strategist, Steve Bannon: Convicted Felon.
- Trump’s Campaign Chair, Paul Manafort: Convicted Felon
- Trump’s National Security Advisor, Michael Flynn: Convicted Felon
- Trump’s Advisor, Roger Stone: Convicted Felon
and finally...
- Donald Trump, himself: CONVICTED FELON.
This is today's "conservatism", folks.
Called the Supreme Court, you sure like it when it rules in your favor. But now not so much. There goes our Democracy, only rulings that favor liberalism are ok.
Vern,
You just admitted that allowing a convicted felon immunity from the law is OK for conservatives. The same convicted felon voted GUILTY of insurrection by a bi-partisan MAJORITY in his SECOND impeachment.
This is where your "values" stand. How DARE you call yourself a "patriot"! Your support for Trump is a betrayal of what this country used to stand for. America will NEVER be great under a criminal fascist.
This is PROOF that liberalism is the MORAL side of the political spectrum, with justice, equality, and democracy for its values.
Conservatism values only greed, power and punishment of those they HATE.
And you wonder why we see you as neo-Nazis? You'd make Hitler proud.
The new American MAGA right:
Hateful, bigoted, zenophobic, anti democracy, pro authoritarianism, pro rule of personality, blind to reality, delusional, ignorant, and blinded by its own ego fixation.
The sure path to 3'rd world shit hole status.
Whoever Just the facts is, the point he's making with this comment, has some legs.
"Called the Supreme Court, you sure like it when it rules in your favor. But now not so much. There goes our Democracy, only rulings that favor liberalism are ok."
The problem we are in is we seem locked into making binary choices and evaluations. I win, you lose, you win, I lose.
Nuance looks to be dead. For us regular folks AND the SCOTUS.
As to the case Just is trying to make, what he fails to take into account is that the conservatives went against their for years stated reliance on "just the text." Over the long haul, I've been less concerned with the specifics of many SCOTUS rulings and more focused on how they got there.
Is the SCOTUS following precedent? Or are they not? Are they trying to right a decision wrongly made? Are they trying to make a statement. Are they, as Chief Justice said, calling balls and strikes, or are they putting their fingers on the scales to get a desired outcome.
Two recent cases stand out. First was the question of whether or not Fmr Pres Trump was disqualified by the Constitution from running again for president. We'd been told for years, at least since Scalia, that we should should understand the Constitution from a plain, easily read stance. A reasonable interpretation of the words on the paper.
This current crowd threw that out and admitted as such saying to bar Trump would lead to a crisis. So they demurred.
The immunity case is another example. The Nixon v US challenge took just 16 days to unanimously decide presidential immunity in 1974. This case? 66 days to overturn precedent and find a level of immunity never mentioned in the Constitution.
So whether I like the decisions or not, I believe it is fair to call out the conservative SCOTUS block as charlatans and their cheerleaders as partisan hacks.
Why is that different from us lefties?
Because the conservatives always claimed to act on principles.
But here's the truth Dave, the little secret... We always knew they were lying.
Conservatives lied when they, yes, as Democrats back in the day, opposed Civil Rights for black people. Then, as Republicans, they lied when they claimed their pro life stance was over morality. They lied when they said deficits don't matter, they lied when they said the relied on precedent at the SCOTUS, they lied when they said they just call balls and strikes and they lied when they said public immorality disqualified someone from public leadership.
In general "Just" is correct. I don't generally like their decisions and I generally like our decisions. Just like everyone.
But I've never seen such naked abandonment of previously announced principled positions.
Why is that?
Dave,
Very good points.
"But I've never seen such naked abandonment of previously announced principled positions. Why is that?"
You answered this with, "We always knew they were lying."
They have NO principles as in, "a fundamental truth or proposition that serves as the foundation for a system of belief or behavior or for a chain of reasoning."
Truth has been destroyed by Trump and the radical Right media propagandists. Their "system of belief or behavior" is whatever Trump tells them to believe or how to behave.
The rule of law has been formally rejected by the terminally corrupt red hats on the Supreme Court.
Their pretenses of Christianity are exposed by their rampant lies and hate that rejects their Savior's commandments to love their fellow man and show compassion for the sick and poor.
MAGA is more diametrically opposed to the message of Jesus than any fantasy of Satanism.
Conservatism values only greed, power and punishment for those they HATE.
It has ALWAYS been about protecting wealth and privilege. ALWAYS.
MAGA Philosophy - The ends justifies the means.
So, any and every lie, deceit, illegal action, dirty trick, etc is perfectly fine in so long as it serves MAGA's desires and furthers the destruction of democracy.
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