Senator Graham is already making the connection between today’s hearing and intimidation of the justices.
He reminds that Sen. Schumer promised the justices would “reap the whirlwind,” and here we are.
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Flashback:
“I want to tell you, Gorsuch. I want to tell you, Kavanaugh. You have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.” - Senator Chuck Schumer
“The danger isn’t that rogue justices are operating without ethics. It’s that Democrats aren’t winning every fight, and they find that reality intolerable.” - @SenJohnKennedy
“Until [Democrats] get the outcome they want in every case, I fear they’re going to continue to slander [the Supreme Court] in an effort to take control of it.” - @SenJohnKennedy
Judge Mukasey makes good points that putting a Court employee or other committee or individual in charge of the justices’ recusals is a recipe for both constitutional violations and political interference.
Kedric Payne's testimony says there is no internal committee to address ethics questions so there isn’t consistency or knowledge of who they’ve consulted.
But they do have one. They consult a committee of 9 Supreme Court justices. And as the highest court in the land they can’t… twitter.com/i/web/status/1…
Tom Dupree predicts a first-round in every litigation about which justices even get to sit on the case. I think that’s right.
For all the people who are annoyed about the potential for forum-shopping that single-judge districts allow, or about the second-level fights that arise… twitter.com/i/web/status/1…
Amanda Frost says that without an independent ethics board, the Supreme Court is accountable to no one.
She’s wrong.
The Constitution creates a check on the Supreme Court: impeachment.
But it doesn’t allow a check beyond actual impeachable conduct.
Senator Graham pointed how Justice Ginsburg's 1998 donation of her signed VMI decision that went on to be auctioned off at fundraiser for the National Organization for Women's Legal Defense Fund received no outage.
“Are you aware that [Demand Justice] spent over $1 million in ads pressuring Justice Breyer to resign?” - Senator @LindseyGrahamSC
“The goal of the Left’s efforts is to cast doubts on certain judges and justices all because the Left is opposed to recent Court rulings. That’s what this hearing is all about — undermining the American people’s trust in the judicial branch of government.”- Senator @ChuckGrassley
Justice Clarence Thomas predicted this "high-tech lynching" over 30 years ago:
"And from my standpoint as a black American, as far as I'm concerned, it is a high-tech lynching for uppity blacks who in any way deign to think for themselves, to do for themselves, to have different… twitter.com/i/web/status/1…
Hey @kedric_payne, here's your retweet since you can't recall...
Senator @ChrisCoons says, “if you undermine that legitimacy…”
But who’s doing the undermining? Why do people think there’s corruption? Because people with a vested interest in taking down the justices they disagree with have been making up false, one-sided, and misleading… twitter.com/i/web/status/1…
Yes, “judges should be angry about the crisis in legitimacy.”
They should be angry because Democrats are falsely impugning them, with real consequences for the public confidence in the Court.
“This is a political campaign designed to smear Justice Thomas. And the reason is simple — the Left despises Clarence Thomas. They do not despite him because he’s a conservative. The Left despises Clarence Thomas because he’s a conservative, African-American.” - Senator @tedcruz
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Justice Sotomayor just told an ABA audience that “Our job is to stand up” and that “we can’t lose the battles we are facing.” Also: “We need trained and passionate and committed lawyers to fight this fight.”
That makes a mockery of any appearance of objectivity in cases challenging the administration or involving the ABA.
As if to reinforce that she’s taking sides, she said, “For me, being here with you is an act of solidarity.” This was directed to an organization with a voluminous list of legislative issues on which it takes positions—see this 148-page document... americanbar.org/content/dam/ab…
...which is to say nothing of the many cases in which the ABA files amicus briefs, including United States v. Skrmetti.
🚨 Remember radical Rachael Rollins? The disgraced Biden-nominated U.S. attorney for the District of Massachusetts who was only confirmed because Vice President Kamala cast the tie-breaking vote after the Senate deadlocked.
This was Rollins in 2021 berating and threatening to arrest local reporters for attempting to interview her outside her home about a misconduct allegation.
Rollins was infamously forced to resign after an investigation by the Biden-Harris Department of Justice into her misconduct found that she "falsely testified under oath" about leaking "sensitive DOJ" information to the press to help a Democrat win their primary campaign.
Senate Republicans like @TedCruz, @LeaderMcConnell, and @TomCottonAR fought hard against Rollins’ nomination because she was a soft-on-crime district attorney who was backed by other Soros-connected DAs and defund the police advocates.
🧵In United States v. Trump the Court crafted a sensible line regarding immunity that balances the historical presumption that presidents are subject to some potential liability for their actions with the president’s need to be able to exercise executive power under Article II without courts second-guessing his judgment.
The Court noted the threat to a President’s ability to do his job boldly if he were immediately faced with a bevy of lawsuits upon leaving office—something that until recently was almost unheard-of but may be part of the new normal in our current environment of lawfare and polarization.
Going forward, courts determining whether an action is covered by immunity will begin by assessing the President’s authority to take that action. Courts cannot consider a president's motives when making this assessment.
Today's decision says that such a “highly intrusive” inquiry would risk exposing even the most obvious instances of official conduct to judicial examination on the mere allegation of improper purpose.
🧵Good riddance to Chevron deference, which put a two-ton judicial thumb on the scale of government bureaucrats against the little guy.
This is a big victory for the rule of law.
In these cases, the National Marine Fisheries Service claimed without statutory authorization the right to force fishing boats to pay government monitor salaries of up to 20% of their revenues.
This is a Court that cares about the separate but coequal branches of government doing what they are supposed to do.
Congress, for its part, needs to do more of its job, articulating what the rules are itself instead of abdicating in favor of unelected bureaucrats who are not given that power under the Constitution.
Today in Rahimi, the Court did just what we expected.
It applied its Second Amendment test looking to historical firearm regulation benchmarks in New York State Rifle & Pistol Association v. Bruen (2022) rather than the justices’ own policy preferences in deciding this case.
Thread 🧵
The question is whether Congress exceeded its constitutional authority when it enacted a prohibition on the possession of firearms by people who are subject to domestic violence restraining orders barring them from harassing, stalking, or threatening an intimate partner or child.
The circumstances of this case are particularly odd, because Rahimi was a clearly reckless man who had on five occasions been involved in shootings.
He shot at individuals and/or cars, including a constable’s vehicle. Yet he was not a convicted felon.
Notre Dame Law School’s @DerektMuller conducted a comprehensive survey of the ideological leanings of the biggest law firms’ pro bono work at the Supreme Court as a way of gaining insight into the firms’ own ideological leanings.
The findings published expose just how deep the left-wing bias really is inside prestigious law firms.
Muller looked at pro bono amicus briefs submitted in Supreme Court merits docket cases.
Over the four years between October 2018 and June 2022, Muller counted 851 amicus briefs (of the 3,280 filed in total) that were likely submitted pro bono by firms among the top 100 measured by gross revenue (the “Am Law 100”).
Overall, 64% of those briefs were aligned with the liberal position versus 31% with the conservative position, while the balance were in support of neither party.