The biggest obstacle we will face in addressing the court problem isn't Mitch McConnell, it'll be @neal_katyal and elite lawyers. It's the legal liberal elites who are trained to worship the Supreme Court and disdain Congress.
There is plenty of flexibility in the Constitution to get around the courts. Just strip jurisdiction when you legislate. The problem is the screams from @neal_katyal and Hogan Lovells and MSNBC when/if they do so. Plus the law schools churn out elite lawyers who worship judges.
There's a reason Supreme Court clerks get $400,000 signing bonuses when they go to #biglaw firms. It's outrageous but fixable. The issue is populists are up against a religion of the elites, which is what the fetish for judges is about.
Congress is good. Members of Congress should be paid more and so should their staff. They should interpret the Constitution without recourse to judges, they should write the rules of civil procedure, and they should arrest executive branch officers using contempt powers.
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1. Let's talk about Jeff Bezos's manipulation of the Washington Post for political purposes to help Trump and what this choice is causing Democrats to realize. For a long time, there's been a debate over the merits of big business and billionaires.
2. Writers like Matt Yglesias and @EricLevitz see Amazon as generally good. Here's Yglesias: "Amazon, as far as I can tell, is a charitable organization being run by elements of the investment community for the benefit of consumers.” slate.com/business/2013/…
3. But they've systematically ignored the darker side of oligarchy these firms represent, and not just evidence that Amazon is overhyped as a business. For instance:
It's not just a white young male problem, it's a young male problem, period. Part of the answer is progressive elites dramatically overvalue civility and order, and thus disdain much of the cultural stuff that young guys enjoy.
I once attended a Young Dems conference, and there was an hour when all the different caucuses met. Disability caucus, black caucus, women's caucus, LGBT caucus, et al.
What was left were a group of straight white guys just standing around, awkwardly. What kind of shit is that?
How many Democratic activist-types actually listen to Joe Rogan? He's funny and weird and not at all how he's portrayed. Think about the angry reaction to Rogan endorsing Bernie.
1. Since 2008, Google has systemically destroyed evidence relevant to antitrust investigations. And judges are beginning to hold Google accountable. Today I was a courtroom to watch Judge Leonie Brinkema, the latest judge, who is presiding over Google's third antitrust trial.
2. Why so many trials? Well Google has many lines of business! One trial was on its control of app stores. Another trial was about search. This one's on its power over online ad software that manages publishing sites and ad buying. All involve Google's document destruction.
3. In the app store trial, Judge Donato gave jury instructions known as 'adverse inference' meaning that the jury should consider Google operating in bad faith for destroying evidence. Google lost. In the search trial, Judge Mehta was scornful of Google, and ruled against them.
"Our tool ensures that [landlords] are driving every possible opportunity to increase price even in the most downward trending or unexpected conditions.”
BOOM. That's illegal, and antitrust enforcer Jonathan Kanter just dropped the hammer.
"In its pitch to prospective clients, RealPage describes AIRM’s and YieldStar’s access to competitors’ granular, transactional data as a meaningful tool that it claims enables landlords to outperform their properties’ competitors by 2–7%."
Interesting.
Price-fixing clip art!
(This is from a landlord's internal training presentation.)
1. Ok why is Kamala Harris talking about price-fixing, gouging, mergers, and general pricing bullshit? Obviously it polls well. But why? Let's go over the *evidence* for why Americans are mad at big business over pricing. Let's start with rent. propublica.org/article/yields…
2. A company called RealPage works with the biggest corporate landlords to hold apartments empty so they can increase prices. That's illegal. How important is this conspiracy to increased rents? “I think it’s driving it, quite honestly,” said Andrew Bowen, a RealPage executive.
3. There are private antitrust cases against RealPage. The Biden-Harris administration is investigating and will probably bring an antitrust suit soon. The FBI already raided one of America's biggest corporate landlords. finance.yahoo.com/news/fbi-searc…
Chuck Schumer probably experienced a bit of antisemitism as a kid. But seriously stop it. Jews are super-empowered in America in virtually every way, which he knows when he talks to the disproportionate number of Jewish Senators. We aren't defined by our grievances.
There are anti-semites in America, but that's just because we're a big country so of course there are jerks. Some of them are even violent because we're a violent country.