My agreement with some of Alito's points does not alter the concerns over the messenger rather than the message. I still maintain that justices should speak primarily, if not exclusively, through their opinions. jonathanturley.org/2020/11/13/unf…
...All of those issues have been and will again be before the Court. Indeed, as Alito was making these ill-considered comments, the Catholic Church was coming before his Court in these very issues.
...It is also worth noting that many liberals are objecting to Alito’s speech despite celebrating even more alarming public speeches by Justice Ginsburg during his life. Indeed, these public controversies highlight the glaring contradiction in the use of the “Ginsburg Rule.”
...After refusing to answer even generalized questions in these hearings, justices proceed to speak publicly on the very same questions once they are confirmed. Some justices seem to maintain a fan base or constituency on the right or the left in these speeches.
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Busy day. Over at the Senate, Lindsey Graham is drilling Andrew McCabe on the strange contrast in the FBI pouring in resources into investigating the Trump associates on a lead from an English bar but not a CIA referral of a Hillary Clinton/Russia allegation.
McCabe seems bizarrely unaware of any evidence that undermined the investigation including the CIA information the FBI that Carter Page was a CIA operative. As with Comey and Yates, no one will admit knowledge or responsibility. It is as if the FBI was left on auto-pilot.
McCabe just joined Comey, Rosenstein, Yates and others saying that he would never have signed off on the surveillance if he knew then what he knows today. That seems to make it unanimous on both the abusive surveillance and unanimous on the denial of personal responsibility.
Chief Justice Roberts just asked House Counsel Verilli about how "eight years ago" the individual mandate in the ACA was vital. Roberts asked "Why the bait and switch?" He then asked if they were "talking about broccoli for nothing?"
In truth it was a bait and switch and Roberts fell for it. Verrilli insisted that we are allowed to "learn from our mistakes." In other words, you can ignore everything we said before.jonathanturley.org/2010/03/31/is-…
Thomas is asking a question! He is also raising whether the Court was played by the Obama Administration in claiming that the individual mandate was the ACA's "the heart and soul." It used that argument to secure the ruling of constitutionality but it is now shrugging it off.
Rep. Alexandria Ocasio-Cortez has demanded whether "anyone [is] archiving these Trump sycophants for when they try to downplay or deny their complicity in the future? I foresee decent probability of many deleted Tweets, writings, photos in the future." jonathanturley.org/2020/06/05/mea…
...It may be a "probability" but there is nothing "decent" about it. Those who sought desperately to align themselves with the cancel movement may find that the status of being a revolutionary or a reactionary can be fleeting. jonathanturley.org/2020/08/31/how…
...On Fox, Sanders surrogate Nomiki Konst clarified that when AOC was calling for a black list of people to be canceled she was specifically referring to people in the Lincoln Project as the "perfect examples" of people to be cancelled despite their work against Trump.
I am still unclear on the insistence to end any challenges before we actually see the extent of alleged irregularities. I have expressed skepticism on past claims, but we now have sworn allegations of fraud. Why not look at the evidence? jonathanturley.org/2020/11/08/pul…
Again, we would not know if we have systemic rather than episodic problems until we look at this evidence. It is not about sharpies or poll watchers. It is about possible problems in software and authentication systems. What is the harm in allowing courts to review such claims?
...The demand for clear evidence of systemic violations during the tabulation stage is bizarre. We would not necessarily have such evidence, which is largely held by election officials. As expected, we have a series of localized affidavits and allegations of intentional fraud...
Pelosi put on a bizarrely gleeful press conference to a largely supportive press corp, even claiming “I think Joe Biden has . . . a bigger mandate than John F. Kennedy.” Where is Senator Lloyd Benson when we need him?jonathanturley.org/2020/11/07/pel…
Pelosi’s comments would ordinarily be viewed as delusional. But this is Washington. They were not delusional; just dishonest. That is never a problem in D.C. These elections are not about the voters or even the party. It is about power and who can use it and who can keep it.
...Pelosi can engage in utter fantasies about “tremendous mandates” to dupe voters while offering juicy committee assignments and campaign donations to entice members. Washington will soon be back to normal with a "tremendous mandate" for the resilience of the establishment.
The litigation ramped up today in Nevada with an emergency appeal to the state Supreme Court to order Clark County to stop processing mail ballots. The issue is the use of an automatic signature verification machine and “duplication” of mail ballots thehill.com/opinion/judici…
USPS just told the federal court in DC that it will not meet the court order to sweep mail processing facilities for delayed election ballots in parts of Georgia, Pennsylvania, New England, South Carolina, Florida, Colorado, Arizona, Alabama and Wyoming, Texas, and Michigan.
...The judge in that case is U.S. District Judge Emmet Sullivan who has been criticized for bias against the Trump Administration and Michael Flynn. That could be an explosive combination in an election dispute. jonathanturley.org/2020/06/28/mak…