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Open Thread: SCOTUS Decisions [UPDATE-1]

[NB: check the byline, thanks. /~Rayne]

As noted the last two weeks, the end of the Supreme Court’s term is just ahead; SCOTUS continues to dump clusters of decisions in a short time frame.

Will SCOTUS finally decide the question of presidential immunity posed in Trump v. United States? Your guess is as good as anybody else’s.

Decisions released today follow in an update at the bottom of this post.

~ ~ ~

Time-killing observations:

1 — Stink: The New York Times published an op-ed yesterday by University of Michigan’s Prof. Leah Litman, a former clerk for retired Justice Anthony Kennedy: Something’s Rotten About the Justices Taking So Long on Trump’s Immunity Case, which Election Law Blog’s Rick Hasen helpfully excerpts here.

It sure looks fishy that the conservative majority SCOTUS can make a decision inside three weeks related to COVID vaccinations for the benefit of corporations, but drags its feet for months about presidential immunity though United States v. Nixon, 418 U.S. 683 (1974) already offers plenty of guidance on the latter.

(It looks fashy, too.)

2 — Head fake? There’s been considerable coverage of Justice Amy Coney Barrett’s concurrent opinion in the “Trump Too Small” trademark decision, Vidal v. Elster. See The New Republic’s Amy Coney Barrett Breaks With Supreme Court Originalists and Politico’s Amy Coney Barrett may be poised to split conservatives on the Supreme Court.

That’s all well and good but Coney Barrett remained one of the majority in the 5-4 decision; she’s still a conservative vote differing only in how she gets there — with or without Thomas’s brand of originalism.

3 — Unbenched: One of the cases SCOTUS is expected to decide yet this term — City of Grants Pass v. Johnson — addresses municipalities prohibiting the homeless from sleeping in public spaces. What are homeless folks supposed to do if SCOTUS allows municipalities to continue with such prohibitions while housing inventory remains excessively tight and rents unfettered?

This case has haunted me this week during the heat dome much of the country has been experiencing. Imagine being unable to find a cool place to sleep at night — not even a park bench.

~ ~ ~

UPDATE-1 — 10:25 AM — Today’s decisions:

First decision: Moore v. United States

Justice Kavanaugh wrote the 7-2 majority decision which upheld the retroactive tax assessed on repatriated income under Trump’s 2017 tax law changes. Suck on that “Trump Too Small” tax cut, MAGA.

That ethics-deprived jerk Alito refused to recuse himself on this one in spite of having been interviewed about the case by one of the lawyers involved.

Second decision: Chiaverini v. City of Napoleon, Ohio

Justice Kagan wrote the 6-3 majority decision for this case regarding malicious prosecution and probable cause.

Third decision: Diaz v. United States

Justice Thomas wrote the 6-3 majority opinion which surprisingly included Brown Jackson in the majority and with a concurring opinion; the dissent was written by Gorsuch with Sotomayor and Kagan joining him.

I feel so bad for Diaz whose wretched taste in men was revealed by her foolishness in this case. I wonder if her sentence was shorter or longer than the amount of time she was romantically linked to her boyfriend.

Fourth decision: Gonzalez v. Trevino

This was a per curiam decision, read by Roberts; Alito wrote a concurrence, with Thomas the lone dissent.

This one probably deserves more attention considering the case concerns the effort to remove an elected official.

~ ~ ~

Any further updates regarding these cases and SCOTUS will follow at the bottom of this post. This is an open thread.

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Open Thread: SCOTUS Decisions, Friday Edition

[NB: check the byline, thanks. /~Rayne]

SCOTUS will dump a second cluster of decisions this week at 10:00 a.m. this morning. As in the past, there’s no clue as to which cases have been decided, including Trump’s presidential immunity case.

Decisions released today to follow in an update and will appear at the bottom of this post.

~ ~ ~

Time-killing observation:

Clarence Thomas is a lying mothertrucker who lies

Oh, oops, he just kind of forgot to tell the American people his rich white daddy bought him some trips.

Details of the private jet flights between 2017 and 2021 were obtained as part of an investigation the committee has been conducting into reports of lavish undisclosed travel and perks provided to justices by Crow and other wealthy benefactors that have sparked calls for reform.

Crow released the information after the committee issued subpoenas in November for him and conservative activist Leonard Leo to provide information to the body. The subpoenas have never been enforced.

source: https://www.washingtonpost.com/politics/2024/06/13/supreme-court-clarence-thomas-travel/

Mothertrucker needs to step down but you know he thinks he’s entitled because he’s been bought and paid for.

~ ~ ~

Three decisions today, none of which are about presidential immunity.

First decision: U.S. Trustee v. Hammons

Justice Jackson wrote the 6-3 majority opinion concerning bankruptcy. Several dozen Chapter 11 bankruptcies were charged higher fees when their cases were moved to a different judicial district.

Second decision: Campos-Chavez v. Garland

Justice Alito wrote the 5-4 majority opinion with Jackson writing the dissent. The case was centered on immigration and the notification issued to Campos-Chavez related to subsequent removal order.

Third decision: Garland v. Cargill

Justice Thomas wrote the majority opinion with Sotomayor writing the dissent. The case concerned bump-stocks on guns and their definition as “machinegun” which are regulated by ATF.

~ ~ ~

Suspense escalates about the presidential immunity case.

Watch this space for updates related to the decisions above or other developments related to the SCOTUS jurists.

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Open Thread: SCOTUS Decisions

[NB: check the byline, thanks. /~Rayne]

The end of the Supreme Court’s term is just ahead, which means SCOTUS will be dumping a bunch of decisions in a short time frame.

Decisions released today:

Truck Insurance Exchange v. Kaiser Gypsum Co.
Unanimous decision with Justice Sotomayor writing the opinion.

Justice Alito recused from this decision — why did he recuse from this case about insurance and bankruptcy, but not about any cases related to prosecution of January 6 including the Trump immunity case?

Connelly v. United States
Unanimous decision with Justice Thomas writing the opinion.

Becerra v. San Carlos Apache Tribe
This was an ideologically messy split decision: Chief Justice Roberts, wrote the opinion, joined by Gorsuch. Justices Sotomayor, Kagan, and Brown Jackson signed as well.

Conservative justices were in the minority with Kavanaugh writing the dissent, joined by Coney Barrett, Alito, and Thomas.

Here is a Native American perspective by the Coalition of Large Tribes published in March when the case was argued.

~ ~ ~

Obviously Trump’s immunity case, Trump v. United States, is still pending along with at least 27 other cases.

Additional updates may follow.

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The Better Story

Index to posts in this series

In the first chapters of The Nation That Never Was, Kermit Roosevelt explains the many problems with the standard story of the US. In the last chapter he offers us a better story. What follows is mostly Roosevelt’s version, but I’ve added more history. Roosevelt’s is at pp. 202-4.

A Version Of The Better Story

During the Revolutionary War, the colonists established a federation of the 13 original colonies. They wanted to keep their existing governments, and feared a strong central government. Their first try, the Articles of Confederation, failed because the central government was too weak and the states frequently ignored it. Then they tore up the Articles and replaced them with the Founders Constitution. In order to gain support for a stronger central government, they put in provisions supporting the continuation of slavery and gave states with smaller white populations greater power in the national government.

From the very beginning Black people resisted slavery by escaping and rebelling in the face of murder and torture. That continued under the Founders Constitution. They and the Abolitionists set up escape routes, and tried every legal route to saving escapees. They rallied, protested, spoke, wrote, appealed to Congress, and demanded freedom and equality. Gradually the movement for freedom became an powerful political force, driven by the principle that all men are created equal. They meant equality in a actual society, not in a hypothetical natural law sense as in the Declaration of Independence, Leaders included Frederick Douglass and William Lloyd Garrison.

Urged on by the Black people and the Abolitionists, the United States government resisted the expansion of slavery into the territories, which the Supreme Court supported in Dred Scott. That led to a war with the Slave States which was won by the United States. A major factor in the victory was the 200,000 Black soldiers who fought and died to end slavery. The victorious United States threw out the governments of the seceding states, forced the enactment of the Reconstruction Amendments, and passed laws to enforce them. This is called the Second Founding.

The Second Founding recreated the United States under the principles laid out by its Leader, Abraham Lincoln. His most famous statement of these principles is in his Gettysburg Address: the United States is “… conceived in liberty, and dedicated to the proposition that all men are created equal….”

This became our guiding principle. Lincoln told us that we must dedicate ourselves to the principle of equality that the brave men of the United States had died for. He told us we were starting anew with this principle foremost in our minds:

… that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people shall not perish from the earth.

But not everybody agreed that we were starting over. The secessionists never quit. Their first step was to murder Abraham Lincoln. Then they took power in the former slave states. The Supreme Court gutted the Reconstruction Amendments. That enabled the secessionists and White Supremacists to establish legalized segregation, blessed by the Supreme Court in cases like Plessy v. Ferguson.

Black people never quit either. Despite participating in more wars on behalf of a segregated nation and being treated like dirt on their return, through decades of lynching and white race riots, they continued to fight for equality. After the Second World War, they began to achieve success and for once the Supreme Court didn’t block them.

The, beginning in the 1980s, the White Supremacists pushed back against equality, and achieved partial victories, especially in the revanchist Supreme Court. But Black people persevere, and with them all people of conscience, and this time other marginalized groups join the march towards equality, Black, Brown, Asian, LGBT, young people, all of us together.

That’s our nation: always striving for equality, always striving for fairness and equality, always fighting the darkness.

Addendum on Abraham Lincoln

When the Civil War started, Lincoln was willing to accept slavery as the price of unifying the states. That changed during the war. Roosevelt says the Fort Pillow Massacre played a big role in that change. Lincoln had established units of Black Soldiers. They were among the defenders of Fort Pillow, near Memphis in April, 1864. The secessionist troops under the command of Nathan Bedford Forrest, later the first head of the KKK, captured a group of US troops trying to surrender, including approximately 300 Black soldiers and their White officers. The Southerners murdered the Black soldiers in cold blood. A few days later Abraham Lincoln gave a speech called the Address At The Sanitary Fair. Here’s a short section.

A painful rumor, true I fear, has reached us of the massacre, by the rebel forces, at Fort Pillow, … of some three hundred colored soldiers and white officers, who had just been overpowered by their assailants. There seems to be some anxiety in the public mind whether the government is doing its duty to the colored soldier, and to the service, at this point. At the beginning of the war, and for some time, the use of colored troops was not contemplated; and how the change of purpose was wrought, I will not now take time to explain. Upon a clear conviction of duty I resolved to turn that element of strength to account; and I am responsible for it to the American people, to the christian world, to history, and on my final account to God. Having determined to use the negro as a soldier, there is no way but to give him all the protection given to any other soldier.

Why This Is A Better Story

Roosevelt offers several reasons why this is a better story. It has the advantage of being accurate, of course. The standard story ignores the role of Black People in our history. The better story includes Black people and tells us of their valor and perseverance, and the contributions they made to the story of America. In doing so it makes room for the contributions of other groups ignored by the standard story. The better story opens the way to real unity of all of us regardless of all the many ways in which we are different.

The better story gives us a new set of heroes. It valorizes the soldiers who personified the words of Julia Ward Howe’s Battle Hymn Of The Republic: “… As He died to make men holy let us die to make men free ….” These regular people, Black and White, are worthy of emulation. That’s not entirely true of the Founders, who fought for their own freedom, and were morally compromised by the denial of freedom to their slaves, their enslaved concubines, and enslaved children.

We can respect the leaders of the Second Founding, Lincoln and the Senators and Representatives who enacted the Reconstruction Amendments and related legislation. We do not have to consider their personal lives, because the better story is about contributions to the future, not an unhealthy fixation on the always problematic past.

Similarly, the better story tells us about the wrong way to be an American. People who oppose these heroes and the values they lived out, and their contributions to our democracy, are not good citizens.

The better story shows us how we can be better citizens: by trying to make America a better place.

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Senate Democrats’ Unanimous Fail

[NB: check the byline, thanks. /~Rayne]

This is fucking maddening.

Not one bloody Democrat voted against this unnecessary crap. Local police could do more to enforce ordinances against noise and the lack of protest permits but you had go on the record supporting this fascist suppression of First Amendment speech instead.

Perhaps these Senate Dems were thinking ahead to the day Ketanji Brown Jackson is sworn in as a justice and needs protection. But without any statement to the Democratic base explaining this, the base can only assume they are protecting from First Amendment-protected protests the fascist wing of the SCOTUS which is intent on destroying women’s rights to autonomy.

While Senate Dems’ unanimously support protecting fascist jurists from their neighbors who aren’t happy with them, or gods forbid, the horrors of chalked messages on sidewalks like those which terrified Sen. Susan Collins…

…this is what’s going on in Realityville, USA.

The patient in this thread would have been dead in states where zero tolerance abortion laws have been or will be passed.

She’d tried to avoid getting pregnant and it still wasn’t enough to stop an ectopic pregnancy which threatened her life.

The patient in this next thread would have been prosecuted.

She didn’t even know she was pregnant, but if there had been any misinterpretation of her symptoms and history she would have been prosecuted for aborting the fetus.

As she notes women have already been prosecuted for miscarriages.

While Senate Democrats unanimously supported protections for SCOTUS against so-scary First Amendment protests, states are moving to eliminate women’s basic human rights — like traveling to another state for health care.

Because treating women’s reproductive organs is health care and Texas can’t have that.

Somewhere soon, within hours or days, women are going to begin to die from these anti-abortion, anti-women laws passed in red states. The first will be women with ectopic pregnancies who will bleed out while hospital employees stand around and tell her they can’t do anything about it though the mortal threat can be treated by aborting the unviable pregnancy.

Partitions between states will appear as new state laws are introduced, creating what are little more than concentration camps for women — yes, concentration camps because Texas women of childbearing age will not be able to leave Texas if there’s any possibility they may be pregnant.

Imagine having to take a pregnancy test before being allowed to cross a state line; it’s not an outside possibility.

These laws within these partitioned states will deny fundamental human rights to a class of citizens.

We’ve seen this before and fought a civil war over it.

But do pat yourselves on the back, Senate Democrats — you’ve ensured the Supreme Court’s fascist faction which leaked the salvo setting off this cryptic civil war is protected from women writing poignant demands on the sidewalk in front of their homes.

Go, you. Especially you, Sen. Chris Coons. How bipartisan of you to work with the concentration camp state’s Sen. John Cornyn. Don’t let the appearance of two white men get in the way of shepherding a bill intended to assure the abolition of rights for more than half the population doesn’t inconvenience the people who will ensure those rights are abolished.

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Day Four — The Well-Qualified K. B. J.

[NB: check the byline, thanks. Update(s) if any will appear at the bottom of this post. /~Rayne]

It’s the fourth and final day of U.S. Senate Judiciary Committee’s confirmation hearings on the nomination of Judge Ketanji Brown Jackson to the Supreme Court. Today’s hearing is in progress.

Today’s hearing consists of three remaining panels (Judge Jackson was Panel I):

Panel II

The Honorable Ann Claire Williams
American Bar Association
Standing Committee on the Federal Judiciary

Ms. D. Jean Veta
American Bar Association
Standing Committee on the Federal Judiciary

Mr. Joseph M. Drayton
American Bar Association
Standing Committee on the Federal Judiciary

Panel III Majority

The Honorable Joyce Beatty
United States House of Representatives
State of Ohio – 3rd District

Ms. Risa Goluboff
Dean, Arnold H. Leon Professor of Law, and Professor of History
University of Virginia

Mr. Wade Henderson
President & CEO
The Leadership Conference on Civil and Human Rights

Mr. Richard B. Rosenthal
Captain Frederick Thomas
National President
National Organization of Black Law Enforcement Executives (NOBLE)

Panel III Minority

The Honorable Steve Marshall
Attorney General
State of Alabama

Ms. Jennifer Mascott
Assistant Professor of Law & Co-Executive Director
The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University

Ms. Eleanor McCullen
Anti-abortion activist

Ms. Keisha Russell
First Liberty

Ms. Alessandra Serano
Operation Underground Railroad

From the looks of the last three panelists, the GOP senators are continuing to play to the base by hammering Judge Jackson on abortion, religious freedom in public schools, and human trafficking. The last will likely fit with the crap Sen. Josh Hawley et al already tattooed about child pornography.

The GOP will want to leave that shitty taste of zealotry and bigotry in the audience’s mouths as the hearings end. In other words, on brand for the GOP.

You can watch live feed at these sites (not the same links as yesterday’s as the previous links may lead to recordings previous days’ hearings):

Senate Judiciary Committee hearing feed

PBS Senate Judiciary Committee hearing feed on YouTube

C-SPAN feed via YouTube

You can also catch the hearings through these live Twitter threads:

Rewire News Group

Chris Geidner at Grid News

If you know of anyone else covering today’s hearing in Twitter, please leave a comment below. Thanks!

~ ~ ~

Apparently these hearings weren’t really to determine a nominee’s qualifications for a lifetime appointment to SCOTUS or to ensure the public was informed. No, apparently the Senate Judiciary Committee hearings have been little more than social media opportunities, which Sen. Ben Sasse (R-NE) called out.


Sasse also expressed his concern about cameras in the court room, that “cameras change human behavior,” and yet the difference between the video above by C-SPAN versus this by CBS News below tells us cameras tell us things audio and written reporting don’t offer.


Or this photo by Los Angeles Times’ Kent Nishimura:

If you have a Twitter account, every once in a while for grins and giggles you should drop Sen. Ted Cruz (Senate account: @sentedcruz, personal account: @tedcruz) a tweet and let him know what you thought of his performance as a member of the Senate Judiciary Committee, wholly visible on all sorts of cameras.

~ ~ ~

There may be more to come, watch this space for updates.

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And Three More Things: Day Three — The Well-Qualified K. B. J. [UPDATE-1]

[NB: check the byline, thanks. Update(s) at the bottom of this post. /~Rayne]

It’s Day Three of U.S. Senate Judiciary Committee’s four days of confirmation hearings on the nomination of Judge Ketanji Brown Jackson to the Supreme Court. Today’s hearing is already in progress.

Four. Long. Days.

Hearings which are half right-wing bloviating, achieving nothing to further the public’s interests. This is the fourth time this nominee has been through this tedious crap in her lifetime which should surely qualify as inhumane treatment and torture under UNCAT; it should also earn her a sainthood.

You can watch live feed at these sites (not the same links as yesterday’s as the previous links may lead to recordings previous days’ hearings):

Senate Judiciary Committee hearing feed

PBS Senate Judiciary Committee hearing feed on YouTube

C-SPAN feed via YouTube

Yahoo News (includes reporting)

You can also catch the hearings through these live Twitter threads:

Jennifer Taub

Imani Gandy at Rewire News Group 

BuzzFeed’s Zoe Tillman

Heaven help Judge Jackson get through the day without breaking a molar gritting her teeth.

~ 3 ~

Gallup took a poll ahead of these SCOTUS confirmation hearings as it has for past nominees. Judge Jackson has the highest approval rating apart from Chief Justice Roberts.


But do go on and attack her, GOP twits. Make asininely racist remarks about the nominee who has a higher approval rating than your party’s leader ever had as president. Let’s see how that pans out for you over the long run.

~ 2 ~

Meanwhile, outside the GOP’s shit show in the Senate Judiciary Committee hearing, another GOP senator was doing is share to push the nation back to the 1950s.

I don’t have words strong enough for this crap. He just called into question the legitimacy of a seated SCOTUS jurist’s marriage (Clarence and Ginni Thomas) as well as that of the nominee now being grilled.

This is so intensely personal for me; my parents’ marriage wouldn’t have been legal in some states back in the 1950s and I’d be illegitimate having been born before the unanimous SCOTUS decision in Loving v. Virginia, 388 U.S. 1 (1967).

Braun’s states’ rights crap doesn’t target interracial marriage (which has broad support across the U.S.); it targets same-sex marriage and any other personal decisions which may require government-regulated services — like reproductive health. He was literally questioned about Griswold v. Connecticut immediately following the question of interracial marriage and he gave an equally unsatisfactory answer about that.

It’s not just Sen. Hairspray-Abuser-from-Tennessee Blackburn attacking the right to privacy necessary for birth control.

Braun has since tried to backpedal on this which means he’s merely taken off the hood he donned.


Except he really didn’t fully unwind what he said; he backed up over the body, and then rolled forward over it again by clarifying what he meant about states’ rights, and then claiming he didn’t understand the questions.

… The Times of Northwest Indiana reported that Braun “initially limited” his claim that the Supreme Court had usurped states’ rights over abortion in 1973’s Roe v. Wade decision. But when a reporter questioned him on other cases, including Loving v. Virginia, he reiterated his stance.

Braun later clarified his comments, saying in a statement that he “misunderstood” the questions. …

Sadly, he’s a senator until 2025. Indiana, you had better not forget this racist authoritarian crap come general election 2024. In the mean time Hoosiers should be lighting up his phone and telling Braun where he can stuff his racist states’ rights nonsense. Congressional switchboard: (202) 224-3121 or use Resist.bot.

~ 1 ~

I wish I could convey how deeply triggering and traumatic these confirmation hearings have been for BIPOC especially women.


What these hearings tell us is that the white cis-het minority in Congress which retains an illegitimate stranglehold on power demands that any and all competent BIPOC particularly women must submit to belligerence and abuse before they will be allowed to participate in this flawed democracy.

What we are witnessing is the re-normalization of overt racism and misogyny. Yet media has failed to punch up, instead punching down, reinforcing the normalization.


We’re constantly deluged by the left about the lack of accountability for the January 6 insurrectionists and seditionists, and yet the left fails to hold accountable the wholly integrated abusive racist and misogynist behavior the media augments in these same insurrectionists and seditionists.

The Venn diagram is a single circle and the media continues to treat the persons outside it as the objects to be despised and subjugated and oppressed.

The problem isn’t just the GOP senators or the media when constituents fail to do anything at all to express displeasure let alone organize effectively for change.

~ 0 ~

I may have more to add here as today’s hearing continues.

So long as I can keep my blood pressure under control, that is.

UPDATE-1 — 6:35 PM —

Senator Cory Booker saves this horrible day.

Stay strong, Judge Jackson. Like Frederick Douglass in his Fourth of July speech, leave off this process where you began — with hope.

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Three More Things: Day Two — The Well-Qualified K. B. J.

[NB: check the byline, thanks. /~Rayne]

It’s Day Two of U.S. Senate Judiciary Committee’s four days of confirmation hearings on the nomination of Judge Ketanji Jackson Brown to the Supreme Court. The hearing was scheduled to begin at 9:00 a.m. this morning; we are catching it here in progress.

You can watch live feed at these sites (not the same links as yesterday’s as the previous links may lead to recordings of Day 1):

Senate Judiciary Committee hearing feed

PBS Senate Judiciary Committee hearing feed on YouTube

C-SPAN feed via YouTube

Yahoo News (includes reporting)

You can also catch the hearings through these live Twitter threads:

Jennifer Taub

Imani Gandy at Rewire News Group

Amee Vanderpool

Brace yourselves for three more things.

~ 3 ~

Sadly, Senator Lindsey Graham unloaded his hypocritical faux-trage this morning. Ms. Phang expresses sentiments broadly shared about his performance.

Judge Jackson was eminently qualified three times but now suddenly unqualified based on the credentials which helped her earn her previous federal appointments?

Right-wing media outlet had assured their audience yesterday about these hearings:

Oh no, honey — these hearings won’t be a circus. They’ll be a live dramatic production.

What a pity there aren’t awards given for supporting actors in a nomination hearing production.

~ 2 ~

Senator John Cornyn can’t let Graham’s act go unanswered. Nope, he needed to go after the gays because as you have surely noticed our so-called traditional marriages have all ruptured since teh gays were legally able to marry.

Damn it all, I forgot to get a lawyer and divorce my spouse back in 2015 after Obergefell v. Hodges destroyed the institution of marriage between straight people.

SCOTUS didn’t make law though Cornyn wants the GOP base to believe it did.

But this isn’t just about individuals’ rights to marriage which Cornyn is fighting. It’s about individuals’ fundamental human rights of self-determination.

If you’re non-binary especially if you’re trans, you recognize the dog whistle Cornyn’s blowing

~ 1 ~

Meanwhile, the GOP predictably plays the racism card.

Unsurprising, really; the GOP has no real platform, no substance, no policies except thinly masked oppression of more than half the country who are not xenophobic cis-het white Christians. They’re clinging to the lessons their ratfucking forebears taught them:

You start out in 1954 by saying, “N*gger, n*gger, n*gger.” By 1968 you can’t say “n*gger”—that hurts you. Backfires. So you say stuff like forced busing, states’ rights and all that stuff. You’re getting so abstract now [that] you’re talking about cutting taxes, and all these things you’re talking about are totally economic things and a byproduct of them is [that] blacks get hurt worse than whites. And subconsciously maybe that is part of it. I’m not saying that. But I’m saying that if it is getting that abstract, and that coded, that we are doing away with the racial problem one way or the other. You follow me—because obviously sitting around saying, “We want to cut this,” is much more abstract than even the busing thing, and a hell of a lot more abstract than “N*gger, n*gger.”

— GOP political consultant Lee Atwater in an interview with Alexander P. Lamis, c. 1981.

Instead of busing they now talk non-stop about critical race theory (CRT), how it’s being forced on them even though they can’t explain what it is or provide any evidence it’s part of K-12 public school curriculum (it’s not). They don’t shy away from states’ rights now, claiming states have the right to remove content from schools which makes white people feel bad.

It’s overt racism with the sheerest of veils.

The GOP is following the script laid out by Chris Rufo, the guy who created the influence operation built on the university-level coursework offered to law students in which the economics of race and its historic and contemporary affect on laws and democratic society are discussed.

Now CRT is the right-wing’s bogeyman. Rufo literally laid out the approach via Twitter last Thursday:

In short, it’s what the GOP now yells every time it wants to invoke a fear response from its white supremacist base: OMG CRT CRT CRT!!!

~ 0 ~

I can’t believe we have to wade through two more days of this racist and misogynist crap. Nor can I believe we still don’t know who owns beer-loving Justice Brett Kavanaugh.

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Three Things: The Well-Qualified K. B. J.

[NB: check the byline, thanks. /~Rayne]

Confirmation hearings begin today before the Senate Judiciary Committee for Biden’s Supreme Court justice nominee, Judge Ketanji Brown Jackson.

You can follow live feed at:

Senate Judiciary Committee hearing feed

Senate Judiciary Committee feed on YouTube

C-SPAN feed via YouTube

Yahoo News

The hearing is scheduled to begin at 11:00 am and may have already begun at the time this post is published.

You can catch up during the course of the hearing with these Twitter live threads:

Jennifer Taub

Imani Gandy at Rewire News Group 

Amee Vanderpool

Rebecca Pilar Buckwalter-Poza

~ 3 ~

Reject any claims to the contrary: Ketanji Brown Jackson is the most qualified nominee to the Supreme Court. Period.

Justice Thomas (who was hospitalized over the weekend) and Coney Barrett are grossly underqualified by comparison.

The Washington Post’s article is worth your time. If confirmed, Judge Jackson may be the only justice with public school education, but when 90% of American children attend public schools, it’s incredibly valuable to have someone who understands their experience, their needs, and can represent them at the Supreme Court.

~ 2 ~

Predictably, Sen. Josh Hawley, supporter of GOP insurrection and sedition, has trash talked Judge Brown Jackson’s experience as a public defender — a qualification none of the rest of the current justices share. He’s claimed, “Judge Jackson has a pattern of letting child porn offenders off the hook for their appalling crimes, both as a judge and as a policymaker.”

The Washington Post factchecked this and found this claim to merit Three Pinocchios as an outright false claim, finding Hawley took Judge Jackson’s remarks out of context, mischaractered the work of the U.S. Sentencing Commission on which Judge Jackson has served, and twisted Judge Jackson’s record.

The coup de grace should fall to the right-wing National Review Online which has also taken issue with Hawley’s claim.

Surprisingly, the NRO piece is worth a read even if its contributor, Andrew McCarthy, doesn’t support Jackson’s nomination (for what are rather thin and transparently partisan reasons). At least you’ll be prepared for Hawley’s bloviating about child pornography when he starts in on the topic.

Hawley creeps me out in so many ways but his weirdly obsessive attitude about child porn seems like a naked appeal not only to the racists who reject the notion of a Black woman SCOTUS justice but the crackpot Q-crowd.

~ 1 ~

There has been and will be a lot of nonsensical bullshit thrown around about Judge Jackson’s public defender experience.

Except the premise that all accused should have the assistance of counsel for their defense is fundamental to this nation’s democratic foundation, enshrined in the Sixth Amendment.

What does it say about our nation’s belief in this enumerated right when none of the current SCOTUS justices have been public defenders?

We’ve had a number of community members, especially since the January 6, 2020 insurrection, who have struggled with the application of this right. I’d like to suggest a rather basic but effective educational experience — the premium cable series John Adams featuring Paul Giamatti as Adams. It was produced by HBO and isn’t widely available to stream (check JustWatch) but it’s available to purchase if pricey at Amazon Prime and Google Play. If you want to save some cash, buy just the first episode, Part I: Join or Die (1770–1774), in which Adams defends British soldiers. A dramatization, yes, but effective at making points.

~ 0 ~

Apparently there are really four things today, because this one REALLY bugs me. Is Sen. Blackburn really advocating for birth control to be outlawed???


Tennessee, I’m looking hard at you. Why your state re-elected this cretin who believes in Big Government overreach into individuals’ family planning and women’s reproductive health is beyond me.

Reference: Griswold v. Connecticut, 381 U.S. 479 (1965)

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Call your senators and insist they confirm Judge Ketanji Brown Jackson.

Congressional switchboard: (202) 224-3121 or use Resist.bot.

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