Critics of the Court are virtually celebrating the ideological splits to revive their claims of a dysfunctionally divided Court -- ignoring weeks of unanimous and non-ideological decisions.... jonathanturley.org/2021/06/20/e-p…
...After weeks of grumbling silence, the mantra of "pack it, pack it" have resumed on the Internet. The record does not matter when the rhetoric will suffice.
...Among those renewing calls to pack the Court is Sen. Ed Markey, D-Mass., who responded to the decision by declaring "we must expand the Supreme Court." The earlier non-ideological or unanimous decisions are just brushed aside. Any contrary decision is now intolerable.
...Now Rep. Mondaire Jones, D-N.Y., has also responded to the Arizona case with "Expand the damn court." It is that easy. If the majority of justices do not agree with us, we can change the majority. ...
...It is like a Supreme Court Survivor edition but instead of voting justices off the island, you vote justices on the island.

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More from @JonathanTurley

1 Jul
Here is the indictment. Grand larceny in the second degree can lead to a maximum sentence of 15 years. However, it would be unlikely to come near such a sentence for such perk abuses...s3.documentcloud.org/documents/2098…
...Such tax issues ordinarily result in sentences closer to a year, particularly for a first offender and an elderly individual. The indictment reads more like a thrill kill than a serious component to a major investigation.
...The indictment likely inflates the values of these items but comes up with $1.5 million in tax evasion. That is still a lot even with prosecutorial inflation. However, corporate perks are notoriously under reported and the violations are common in business...
Read 7 tweets
1 Jul
For a trophy prosecution, nailing a 73-year-old man for not reporting car and apartment benefits (with a potential of a year in jail) is not enough to mount, let alone brag about . . . jonathanturley.org/2019/03/22/the…
The charges against Trump Organization CFO Allen Weisselberg are exceptionally rare as the sole basis for a criminal case. It certainly seems more of a retaliation for failing to give incriminating material as well as pressure to flip on Trump. However, ...
...not only is this a threat of a year in jail, it is extremely unlikely to result in jail time for a first offender even if this bloated prosecution effort can secure this conviction. The case seems more like a thrill kill prosecution in terms of its real size and significance.
Read 6 tweets
1 Jul
Brnovich has a great deal that should worry the Biden Administration and, again, the timing of its filing may have been due to the expected countervailing opinion. It would have been even more difficult to file after such a narrowing interpretation...
Most notably, the Court rejects assumptions of racial motives even given controversial speeches: "We are more than satisfied that the District Court’s interpretation of the evidence is permissible... "
..."The spark for the debate over mail-in voting may well have been provided by one Senator’s enflamed partisanship, but partisan motives are not the same as racial motives..."
Read 4 tweets
1 Jul
We just got Brnovich. 6-3 opinion with Alito writing. The opinion is a big win for the states on election laws and undermines the new lawsuit from the Biden Administration against Georgia. supremecourt.gov/opinions/20pdf…
However, the Court punts on a clear or binding rule for future cases: "we think it prudent to make clear at the beginning that we decline in these cases to announce a test to govern all VRA §2 claims involving rules...that specify the time, place, or manner for casting ballots"
Yet, this clearly a more narrow ruling than the one relied upon the Biden Administration of Section 2 of the Voting Rights Act ....
Read 4 tweets
25 Jun
Chauvin's 22.5 year sentence is well supported and unlikely to be reduced on appeal. The mystery is his reference to some new development that will bring solace to the family...
...I cannot imagine what would bring closure for the family beyond a waiver of appeal or pleading guilty to the federal charges. Otherwise, any new evidence would be used presumably to undermine his conviction (which would hardly be welcomed by the family)...
...When he referred to ongoing legal matters, it made me think that there might be negotiations on pending charges. He might plead to a federal charges with a recommended sentence while continuing his appeal of the state charges.
Read 4 tweets
25 Jun
We have another non-ideological 5-4 ruling in TransUnion v. Ramirez. supremecourt.gov/opinions/20pdf… The Thomas dissent is joined by Breyer Sotomayor and Kagan. jonathanturley.org/2021/06/20/e-p…
...And another non-ideological decision in HollyFrontier v. Renewable Fuels Association with a 6-3 vote with a Barrett dissent joined by Sotomayor and Kagan. supremecourt.gov/opinions/20pdf…
...For court packers, it becomes more challenging each day to argue that the Court is, to quote President Biden, "out of whack" and hopelessly divided. The Court is leaving critics with just raw court packing as a rationale to manufacture a new liberal majority.
Read 4 tweets

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