Sigh. @alfranken just said that Dems should "sit with" a 6-3 court and *wait for* the court to do something bad AND THEN, maybe, the Dems would have the political will to expand the court.
Since this is my part of the store, I will quickly say that this is dumb and bad.
* Expanding the court upon victory is going to be the HEIGHT of the Dems political power to do this. The illegitimate process to install ACB will be fresh.
Also, it's the height of the reform argument. Trump broke the court just like he broke everything else. LET'S FIX IT.
* There is the sense, from Dems, that they have "other priorities." But, people (include Dems) don't seem to understand that the POINT of a 6-3 Republican court is to THWART those priorities. THAT'S WHY THE GOP STOLE IT.
There's NOTHING that Dems want that survives a 6-3 court.
* Waiting for the court to strike down any particular priority will take a while. At least a couple of years.
If Dems think that they're going to pack the court after the 22 election they are INSANE. Even if Dems win the Senate now, they'll likely lose it in 22. Look at the map.
Those losses will be ASSURED if they let the Court GUT VOTING RIGHTS. Which they've already done. And poised to do some more, RIGHT NOW.
This is the critical point, you CAN'T win at the polls if you let a 6-3 PREVENT BLACK PEOPLE FROM VOTING.
I know Franken is just thinking about the politics of it all, and the politics are tough. But he (and his former colleagues) MUST be made to understand that the alternative is UNTENABLE.
WE CANNOT "sit" with a 6-3 court to cut VOTING RIGHTS AGAIN, and then fix it later.
You expand the court NOW and you concede minority white rule for a generation. THOSE ARE THE STAKES.
Thank you for coming to my TedTalk.
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And we're back to SCOTUS. First opinion is in a bankruptcy case that I haven't been following and probably wouldn't understand if I was. It's a Jackson opinion with a Gorsuch dissent, which I would usually find very interesting but... bankruptcy. :(
It must be nice to understand, like, "how money works" and stuff. Or at least lucrative.
Ugh. Next case is Campos-Chaves v. Garland. Alito opinion. 5-4. This is an immigration case where the immigrant was deported despite not receiving a written notice of their deportation hearing. Of course most of the conservatives think this Kafkaesque hellscape is just fine.
I want to take a short break from the jokes to just express my sympathy for Joe Biden. He's had so many family tragedies. His son has battled addiction. He's now watching him be prosecuted because of his political career. It's a really sad day for his family.
On top of all of that, he has the power to basically make this all go away for his kid, but he won't/shouldn't use it.
Biden is better at his job than I would be. As a parent, somebody is coming after my kid to get to me, and I can make it go away, I'm going to do it.
I'd pardon my kid and let my party go down in flames around me, if it were me. Especially if my kid was only being attacked because people don't like me. Best believe.
The Consumer Protection Financial Board survives another day. 7-2 opinion *by Thomas* (Alito and Gorsuch dissenting) says that its funding mechanism is constitutional.
Kagan wrote a concurrence that was basically like "even if Thomas hadn't figured it out, the CFPB would also be constitutional for the following reasons."
I like the effort to point out that Thomas is a broken clock, even when he lucks into the correct time.
Oh God, Alito's pissy dissent is almost as long as the opinion.
Trump immunity arguments at SCOTUS start in 20 minutes. They should have started on December 22, but the Republican justices want to make sure Trump can be president again, so they start in 20 minutes.
Ultimately, I do not think they'll give Trump blanket immunity for all crimes. But the thing I'm listening for is "remand." I'm listening for Thomas, Alito, and Roberts to say that Trump may have *some* immunity Judge Chutkan didn't fully consider. And send the case back to her.
Remand would be the ultimate delaying tactic here. Because then Chutkan will have to make *another* ruling. And that ruling will be appealed, first to DC and then to SCOTUS, which will only hear the case next term, *after* the election, if Trump loses.