Donald Trump– now a convicted felon–will undoubtedly still get millions of votes. (Hopefully, not enough to win back the Presidency.) And then, there’s the Supreme Court, where Clarence Thomas and Samuel Alito– both manifestly unfit to serve on any court, let alone the highest court– thumb their noses at their critics.
Let’s talk about Alito.
The New Republic recently reminded us of the multiple bases for original opposition to Alito’s nomination. There was the legal memo he’d authored in 1985 articulating his opposition to legal abortion–contrasted with his assurances to Senator Ted Kennedy that he would never vote to overturn Roe; his membership in Concerned Alumni of Princeton, an organization that opposed increasing admission of women and racial minorities; and later, his refusal to recuse himself in two cases involving companies in which he had financial interest, even after he pledged to do so.
Kennedy gave a thunderous address on behalf of the people that the “liberal coalition” aimed to represent, warning on the Senate floor of the dangers of Alito’s extreme ideology: “If you are concerned and you want a justice that’s going to stand for the working men and women in this country—it’s not going to be Judge Alito. If you are concerned about women’s privacy rights, about the opportunity for women to gain fair employment in America—it’s not Judge Alito. If you care about the disabled … the Disability Act that we have passed to bring all of the disabled into our society, if you are looking for someone that is going to be a friend of the disabled—it’s not going to be Judge Alito.
Despite ample evidence of his dishonesty and rigid ideology, Alito was confirmed, and he has proved to be every bit as unethical and reactionary as Kennedy warned.
In the wake of the recent flag controversy–all of which this self-appointed arbiter of righteousness gallantly blames on his wife and most of which he has lied about–Alito is refusing demands that he recuse himself from cases involving January 6th and Trump.
As Robert Hubbell recently pointed out, the argument for recusal is painfully obvious. If Alito’s wife had flown a flag with a Swastika over their house, could Alito credibly claim that he had asked his wife to remove the flag but that she had refused because she “liked flags?” Could he credibly claim he didn’t understand the antisemitic meaning of a Nazi flag, and that there was thus no reason to recuse himself from a pending case about antisemitic speech?
Of course not.
Despite Alito’s breathtaking arrogance and dishonesty, the decision to recuse or not is not his to make. As Congressman Jamie Raskin has written in a New York Times op-ed, a constitutional provision and judicial precedents require both Alito and Thomas to recuse in these matters.
The Constitution, and the federal laws under it, is the “supreme law of the land,” and the recusal statute explicitly treats Supreme Court justices like other judges: “Any justice, judge or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” The only justices in the federal judiciary are the ones on the Supreme Court.
This recusal statute, if triggered, is not a friendly suggestion. It is Congress’s command, binding on the justices, just as the due process clause is. The Supreme Court cannot disregard this law just because it directly affects one or two of its justices. Ignoring it would trespass on the constitutional separation of powers because the justices would essentially be saying that they have the power to override a congressional command…
Courts generally have found that any reasonable doubts about a judge’s partiality must be resolved in favor of recusal. A judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” While recognizing that the “challenged judge enjoys a margin of discretion,” the courts have repeatedly held that “doubts ordinarily ought to be resolved in favor of recusal.” After all, the reputation of the whole tribunal and public confidence in the judiciary are both on the line….
Chief Justice Roberts assured America that “Judges are like umpires.”
But professional baseball would never allow an umpire to continue to officiate the World Series after learning that the pennant of one of the two teams competing was flying in the front yard of the umpire’s home. Nor would an umpire be allowed to call balls and strikes in a World Series game after the umpire’s wife tried to get the official score of a prior game in the series overthrown and canceled out to benefit the losing team. If judges are like umpires, then they should be treated like umpires, not team owners, team fans or players.
Alito and Thomas are a disgrace to the bench. They should be impeached. That undoubtedly won’t happen unless the Democrats win a trifecta in November.
1) I think Rep Raskin’s “reminder” of Roberts’s umpire metaphor is brilliant. 2) trump was able to “take” The Oval Office because a hostile foreign power colluded w/him (or more accurately ordered him) to hack the election. trump’s presidency is void. His three nominees to The Court, as well as any District Court judge and any to the Court of Appeals should resign. Only if we realize those nominations were made to serve the interests of trump’s master (Putin) can we blunt what otherwise will be decades of chaos. 3) Wile E Coyote tried to catch the Roadrunner by using Acme Rocket-propelled Darts (r). Unless these judicial officers are removed, we will get hit by darts floating down from the sky and hitting us in the collective and metaphorical butt.
Will the “originalists” on the Court accept the original intention of the Constitution when it is inconvenient for them? History would suggest that they will not.
SCOTUS should not practice their Morality from the bench.
As I have written before, mere recusal by Sam and Clarence is insufficient to address their bribery and arrogance. They need to be removed and replaced and if an investigation warrants, prosecuted. Enough is enough!
To say “Justice” before Samuel Alito or Clarence Thomas is oxymoronic.
I opened the NY Times on my iPad yesterday at 17:37. The headline was eye popping. They had just posted the results of the tRump trial. I cheered.
But I did read that editorial yesterday and I have little faith anymore would be suicidal enough to try to invoke that clause before the court in the current political environment. A petitioner would be immediately branded as an enemy, the corrupt justices would refuse and the only recourse for enforcement would be impeachment by congress. We would be right back where we were with tRumps two impeachments, guilty of breaking the law but politically exonerated.
“Courts generally have found that any reasonable doubts about a judge’s partiality must be resolved in favor of recusal. A judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
We currently have only Democratic President Joe Biden and a few of the Democratic officials in the Executive Branch of government which are not controlled by the minority Republicans in the Legislative and Judicial Branches of government with NO ONE and NO WAY to enforce the sitting Republicans to uphold their own Oaths of Office. It appears there is no way to stop the loss of democracy, Rule of Law or uphold the Constitution due to the cowardice of both Republicans and Democratic elected and/or appointed officials who sit mute and idle. As long as no one will stand up to the bullying by the MAGAs, White Nationalists and Freedom Caucus controlled by Trump, we are looking at a future under a Dictatorship rivaling Putin, Kim Jong Un and Sharia laws controlling American women. When we lost the Supreme Court to religious leadership, we lost “The American way of life.”
I have said before and I say again; Trump has promised bloodshed in the streets if he if he loses his presidential nomination or loses this election, then let it happen. We will know who and what we are fighting and can stand up or sit down or leave the country. Alito, Thomas and Trump know this; there is no fear of any of them paying the consequences of their actions against humanity or destroying our civil rights. They are counting on us to sit down and let them have their way. Alito will fly his flags, Thomas will continue enjoying the gifts from his wealthy Massas and Trump will never serve a day in prison. Democracy, Rule of Law and the Constitution they are destroying is protecting all of them.
I am still basking in the judicial decision against trump yesterday, and hopeful that it will carry some weight in the SCOTUS deliberations (which most legal scholars find a slam dunk in the negative) on presidential immunity for trump. I have become increasingly sick of the blatant deference (beginning with Aileen Cannon) for someone who has shown such an outrageous lack of respect the rule of law, way beyond that, a sickening lack of respect for just about everything decent and meaningful in the country. He is an embarrassing disgrace to our country, fawning disgustingly to a clueless base. This court decision is a substantial beginning to what I hope will be a full indictment of his sordid past. Meanwhile back at SCOTUS, Alito, the most dangerous sitting justice, along with Thomas, the worst justice ever, must be made to recuse, as they refuse to do it as duty would require. The Constitution is clear, and let’s hope that Congress has the guts to do the right thing. Just another reason for everyone to take this election as seriously as any election ever has been taken. VOTE!
Gil wants us to take “this election seriously” between #GenocideJoe, mass murderer of women and children, and #CriminalDon, the felon and pussy grabber. How can we possibly take this election seriously when we have two of the most hideous candidates for POTUS?
I hope the shiny veneer has enough cracks in it that at least some folks see the truth about the “Exceptional America” Obama, the war criminal likes to claim.
Case in point: yesterday, when the verdict was rendered, the same Democrats who threatened jurists at the International Criminal Court for issuing arrest warrants for war crimes committed by Israel’s top leadership said, “Nobody is above the law!”
And these yahoos don’t think anybody sees it. You can’t make this shit up!
My question is, if the Congress passes into law any requirement to abide with an ethics system, would this court dismiss it, as they seem to have dismissed the Constitution? This is another area where we need to amend the law requiring ethical behavior to include consequences for refusal to recuse.
Just as I have been unable to explain why anyone in their right mind would believe that Trump was fit to be President, I am unable to explain why anyone in their right mind can believe that Trump and President Biden are equally bad choices for that office. It is an absurd idea and no amount of name calling will make it true. I’m talking to you, Todd.
Alito and Thomas are lying bastards that have blatantly made a mockery of the supreme court. We also witnessed Kavanaugh and Coney-Barrett lie under oath during their Senate confirmation hearings.
CJ Roberts is well aware of the dishonest and unpatriotic actions and words of his extremely radical right court members, yet he recently stated there is no need for ‘written ethics standards’ that would hold the supreme court members accountable for their unethical behavior or lying.
In my opinion, CJ Roberts’ lack of action makes him just as unethical and despicable as Alito, Thomas and his other right wing members. They have destroyed what little respect the public may have had for the supreme court and its members and I cannot imagine how difficult it must be for Justices Sotomayor, Kagan and Brown Jackson to work with such unethical fellow members.
As has been mentioned ad nauseam on this blog – and to paraphrase Rick Wilson – Everything Republicans touch dies. Here’s one for Todd the ranting, ink-stained voice of mindlessness: #DUH!
As also mentioned before, Thomas, Roberts and Alito are the gifts to America from the two most incompetent Presidents in our recent history; both named Bush. They dipped into the Federalist Society, a place that vomited Antonin Scalia (Citizens United v. FEC)onto our SCOTUS via another boob President, Ronald Reagan. See the pattern here?
Thomas and Alito are corrupt to their cores because they are transactional intellectual dwarfs. THAT is what Republicans understand. Anything deeper … not so much.
Mouchin gave thousands to Bidens campaign and the third in his DOJ joined the NY DA office Bragg funded by George Soros and went after a political opponent.
The hypocrisy in this country is careless, unintellectual, partial to facist rule… but we press on.!
Proverbs 6:16-20
Biden finally mentioned that something must be done for the Supreme Court to match the libralism of the Constitution but he will do it “next term” (when he hopefully has control of both houses of Congress).
I guess this term’s theme of repairing the divisions in the country will remain on the aspirational list.
“Alito and Thomas are a disgrace to the bench. They should be impeached. That undoubtedly won’t happen unless the Democrats win a trifecta in November.”
Says it all – the chances of a trifecta are -0. So…how about some creative ideas of what else to do? Even something that gets some action done…
So, what to do, what to do?!
Would a convicted felon be able to run for mayor in your hometown? Would a convicted felon be able to control huge deposits of cash with impunity? Now is the time to act. Declare a national emergency, subversives have infiltrated, and lock them up in a facility that people could come and see the amount of misery the clown show has caused to themselves and their supporters.
Would there be some repercussions? Blowback? I think all of the research needs to be done, and connections should be exposed. These individuals practice espionage out in the open, so, they should be taken down and rounded up in the open. But that won’t happen, because you have politicians that don’t have the stones to do it.
Sheila: I was wondering when you would cut loose on this subject. thanks for the talk ammo, ill use it wisely. The group here today gave me some kickbacks to this conversation with these trumpers here in NoDak. thanks…
John: the rand corp did a survey,and hired a few economics people, they claim the billionaire class here in America are hoarding between $42 – 48 trillion in money that could be used in our economy,(majn street)and making a retirment fund under our own needs. time mag, now do the math, hedge funds bout guarentee 7% return yearly,if bezos has 60%(80 billion) of his billions in blackrock, whats the
quarterly kickback to his pocket? that is not taxed. now where did that profit come from, some wages and the over inflated everything America refuses to control..
hey Todd, who would you rather watch your grandkids? we havent heard that question in decades..
The Supreme Court is now a 6-3 right wing majority. If two of them (Sam and Clarence) were removed (whether by impeachment or indictment) we would have a 5-4 moderate majority, thus removing the need to add four new members to the court – another virtuous result of my plan to press for removal of these two felons in waiting – and if we select the indictment process I suggest that Harlan Crow and other zillionaires who bribed these two robed and arrogant crooks be indicted as well, thus sending a message to future would be bribers and bribees alike that Leavenworth awaits their greedy fixes at the highest judicial level.
If I had any grandkids, I would let Dr. Jill Stein watch them. I wouldn’t let Joe the fondler or Don the Epstein groper get anywhere close to them.
Once again, just the mere fact we have a felon and mass murderer leading the two major political parties is a red flag. We might be in serious decay if these are the best two candidates to hold our nuclear codes. Those who want to elevate one over the other because of fear are beyond my comprehension. Would you toss your moral compass aside for an employer? What about peer pressure from a tribe?
Don’t rationalize away your morals for anything or anyone. Period.
Alito was sent to SCOTUS by GWB, who won his office by deceit. The GOP of the time, not as loony as it is now, had an agenda that is now blatantly obvious, and, I will add “UnAmerican!”
I have read that the MAGA crowd of politicians is of the “opinion” that the NY trial was improper, that their Dear Leader was unfairly convicted. If this is indeed so, that stance defines them as “UnAmerican.”
Alito is a disgrace, but, like Bill Barr, who protected tfg from congress, he has an agenda that is nothing but twisted.
REALLY good article – so on target. Thank you for your observations and insights.
Might it be time for the DEMs and Biden to be BOLD for a change and do some or all of the following RIGHT AWAY?
– STOP sending all offense weapons/amo to Israel until/unless they prosecute settlers who attack Gaza refugees and seriously negotiate a cease fire.
– CALL OUT with evidence the responsibility of BIG Business for the inflated prices of groceries and gas , including the outrageous salaries/bonuses of their executives
– ISSUE ECECUTIVE ORDERS to: prosecute US gun dealers supplying most of the weapons used by drug dealers and gangs in Central America and Mexico; hire many more immigration judges to move legit migrants in and agents to grab fentanyl from the US citizens that bring most of it across the border; etc.
Of course, they won’t…
Jack, right on!
Lester, a lot of folks won’t like it, but you hit the nail on the head. Who can you trust? So far, nobody seems to have been able to do the right thing, or, they cave under pressure instead of strapping it up!
Todd, you are absolutely correct! Morals seem to be the forbidden commodity. Today is morals are, get away with whatever they can, and hopefully somehow, they can take all of their ill gotten gains to the grave with them. Which we know is impossible!
The right wing smear campaign against Hillary Clinton worked well enough to give us Trump for 4 years. Will the right wing smear campaign against Joe Biden work well enough to give us another 4 years of Trump? Apparently Todd hopes it will since he is relentlessly engaged in it. I sometimes think longingly about all the shit we could have avoided if she had won. I do not expect American voters to make the same mistake again, despite Todd’s best efforts.
“SCOTUS should not practice their Morality ” — WHAT MORALITY?!!?!?!?!?!?
If I may, Todd, let me remind you that one of those candidates you abhor ALREADY has the nuclear codes. You’ll need to find another argument.
Steve, it’s not an “argument.” Biden holds the code now, and Trump before him. Now, they are fighting for another four years.
Both of them are grossly unfit for so many reasons. I haven’t voted for either of them in the last eight years, have you?
Sharon thinks I’m advocating for Trump because I’m holding Biden accountable for funding/supporting a genocide. It doesn’t work that way. Israel owns 75% of politicians in Washington, and they all support genocide in Gaza. Coincidence?
As a journalist, I hold all the politicians and press accountable regardless of their stripes. The amoral cesspool in Washington and our statehouses isn’t an accident, and it didn’t just happen. Quit swallowing the red or blue pill.
The swift verdict in the hush money case was a relief in the swirl of all the political madness. Alvin Bragg and his prosecutorial team through many hours of tedious work made trumps crimes obvious and clear to the jury. Judge Marshan maintained civil decorum in his courtroom under pressure of trumps boss ways i.e. bringing in hells angels and his felonious friends to intimidate jurors. Judge Marshan countered by packing the courtroom with police officers to show strength and protection to the jurors. The jurors put up with all that pressure and paid attention to the facts and rule of law and rendered a just verdict. Tfg is a convicted felon and will be held accountable.
I would compare the job that New York State justice department did in this case with Sulley landing his incapacitated plane on the Hudson. Americans doing their jobs well is a beautiful thing.
I had heard that Supreme Court was waiting to see results of this case before deciding trumps immunity case? They should have let the appellate courts ruling stand and not slow down the process. The majorities politics are showing and needs to be addressed.
It’s going to be a tsunami backlash to this Trump trial – better take to your lifeboats.
Cornell Law Professor – William A Jacobson
https://legalinsurrection.com/2024/05/trump-guilty-verdict-it-smells-rotten-because-it-was-rotten/