Outstanding! I will be sending this one to everyone I know with a functioning brain. Thank you so much for the very clear explanation of how things are.
"A specially appointed federal panel of judges concluded that 83 ethics complaints brought against Kavanaugh were “serious”—but that they were obligated to dismiss the complaints because no existing authority allows lower court judges to investigate or discipline Supreme Court justices."
The judges serve under "good behavior." Impeachment may be the only way to actually get it decided that their behavior isn't good, but the idea that lower courts can't investigate ethics complaints is something that has to be changed, and I can see no constitutional reason why it shouldn't be, by Congressional Action.
Another suggestion is that there should be an Inspector General to investigate. If the courts/IG come back with violations, then impeachment can be considered. Right now impeachment is clearly being used as a political weapon with no basis in fact. Perhaps there should be a rule that it can't be brought by the house UNTIL there has been an independent review of the charges--for justices or cabinet members--to get out of that mess. The Constitution gives the House the "sole power of impeachment" but it doesn't say anything about under what conditions it can start the proceedings.
There obviously has to be a Congressionally imposed code of ethics with teeth, particularly on the subject of recusal and when it is REQUIRED. Leaving it up to the justice to decide he has no conflicts of interest clearly isn't working.
Alito's recent opinions (majority and dissent) reaching back to precedent from years and centuries before the founders were born presents us with a sorry dilemma: Is it political bent or simply the approach of senility that is causing his bizarre opinions? (I say that as someone actually older than he is).
As has been repeatedly stated: the Courts can't save us. This election is crucial to getting to the point where we can once again feel confident in the judicial branch. I would say that looking at Alito and Thomas would be a great start for an IG.
It's obvious that the stench of MAGA politics has overwhelmed our country's highest court. But Congress is NEVER going to declare the five justices unfit to serve. There's a slight hope that with a big enough Democratic majority the number of justices might be increased...but I'm not going to hold my breath. In yet another way, the Repubs have undermined the rule of law, and set up our democracy to fail.
My suggestion - US Flag Code: the flag is not to be flown upsidedown “except as a signal of dire distress in instance of extreme danger to life or property.”
SCOTUS should fly the flag upside down outside the Supreme Court building because SCOTUS is in deep dire distress.
And it puts the rest of us and everything else at extreme risk.
So glad to see my old friend “stare decisis” being defended (sorry not to use italics but tired of figuring out how to use the phone features). Thank you, Michael, for such a clear and complete summation. I hope to read many of your recommendations as the week progresses.
This is excellent. Fruit of the "POISONED" Tree -- Your basis for using the term is just so logical lol. In a political climate where it's easy to get distracted with all the insanity, I have so much appreciation for your common sense. Definitely Sharing!
The circumstances surrounding John Roberts appointment to SCOTUS are arguably more controversial than those named here. Roberts was behind the Bush campaign’s strategy, which used SCOTUS to steal the 2000 election from Al Gore. He was rewarded for this treason—by a president who is proved to have lost the election—by being appointed as chief justice of the Supreme Court. If you ask me, he’s the least legitimate of them all…
I am definitely listening and it is extremely scary to me how deep the “patriots”, er, insurrectionists have burrowed into the wheels of government and the judiciary.
The second flag is a call to revolution from Locke. Lincoln said to the secessionists “you have no oath made in heaven to destroy the Constitution” whereas I made an oath to preserve and protect it.”
Is this a joke? The first Black president who was head of the Harvard Law review, a Constitutional scholar and you flew your flag upside down, but happily support a businessman who declared bankruptcy 6 times, and had a reality TV. Show?
That's correct, but Bush nominated both after he won the popular vote in 2004. While it's obviously reasonable to believe that had he not been "selected" in 2000, he would not have been elected in 2004, in Weekend Reading, I do my best to avoid leaving larger points vulnerable to quibbles.
Bush made no SCOTUS appointments during his first term. Alito and Roberts were appointed in second term (where despite reason he did win the popular vote.)
Outstanding! I will be sending this one to everyone I know with a functioning brain. Thank you so much for the very clear explanation of how things are.
Thank you!
"A specially appointed federal panel of judges concluded that 83 ethics complaints brought against Kavanaugh were “serious”—but that they were obligated to dismiss the complaints because no existing authority allows lower court judges to investigate or discipline Supreme Court justices."
The judges serve under "good behavior." Impeachment may be the only way to actually get it decided that their behavior isn't good, but the idea that lower courts can't investigate ethics complaints is something that has to be changed, and I can see no constitutional reason why it shouldn't be, by Congressional Action.
Another suggestion is that there should be an Inspector General to investigate. If the courts/IG come back with violations, then impeachment can be considered. Right now impeachment is clearly being used as a political weapon with no basis in fact. Perhaps there should be a rule that it can't be brought by the house UNTIL there has been an independent review of the charges--for justices or cabinet members--to get out of that mess. The Constitution gives the House the "sole power of impeachment" but it doesn't say anything about under what conditions it can start the proceedings.
There obviously has to be a Congressionally imposed code of ethics with teeth, particularly on the subject of recusal and when it is REQUIRED. Leaving it up to the justice to decide he has no conflicts of interest clearly isn't working.
Alito's recent opinions (majority and dissent) reaching back to precedent from years and centuries before the founders were born presents us with a sorry dilemma: Is it political bent or simply the approach of senility that is causing his bizarre opinions? (I say that as someone actually older than he is).
As has been repeatedly stated: the Courts can't save us. This election is crucial to getting to the point where we can once again feel confident in the judicial branch. I would say that looking at Alito and Thomas would be a great start for an IG.
It's obvious that the stench of MAGA politics has overwhelmed our country's highest court. But Congress is NEVER going to declare the five justices unfit to serve. There's a slight hope that with a big enough Democratic majority the number of justices might be increased...but I'm not going to hold my breath. In yet another way, the Repubs have undermined the rule of law, and set up our democracy to fail.
Mike: brilliant and exactly right as usual.
My suggestion - US Flag Code: the flag is not to be flown upsidedown “except as a signal of dire distress in instance of extreme danger to life or property.”
SCOTUS should fly the flag upside down outside the Supreme Court building because SCOTUS is in deep dire distress.
And it puts the rest of us and everything else at extreme risk.
Thank you!
The best Substack article I have read in a long time. Fantastic work!
Thank you!
So glad to see my old friend “stare decisis” being defended (sorry not to use italics but tired of figuring out how to use the phone features). Thank you, Michael, for such a clear and complete summation. I hope to read many of your recommendations as the week progresses.
Thank you for reading!
On point! What can I do besides vote?
Make sure that everyone you know shares your understanding of the stakes of the election.
Thank you for reading.
This is excellent. Fruit of the "POISONED" Tree -- Your basis for using the term is just so logical lol. In a political climate where it's easy to get distracted with all the insanity, I have so much appreciation for your common sense. Definitely Sharing!
I’ve already sent you my entire family.
Thank you!
The circumstances surrounding John Roberts appointment to SCOTUS are arguably more controversial than those named here. Roberts was behind the Bush campaign’s strategy, which used SCOTUS to steal the 2000 election from Al Gore. He was rewarded for this treason—by a president who is proved to have lost the election—by being appointed as chief justice of the Supreme Court. If you ask me, he’s the least legitimate of them all…
As for the fact that he was appointed after bush won in 2004, I disagree that this validates his appointment.
I am definitely listening and it is extremely scary to me how deep the “patriots”, er, insurrectionists have burrowed into the wheels of government and the judiciary.
The second flag is a call to revolution from Locke. Lincoln said to the secessionists “you have no oath made in heaven to destroy the Constitution” whereas I made an oath to preserve and protect it.”
The flag advocates breaking the social contract.
Beautiful column. Succinct, clear, and true. Thank you. I've been hoping that somebody qualified would dig into this -- I'm bookmarking it for sure!
Thank you!
Both Obama election I hung mine upside down!!!!
Is this a joke? The first Black president who was head of the Harvard Law review, a Constitutional scholar and you flew your flag upside down, but happily support a businessman who declared bankruptcy 6 times, and had a reality TV. Show?
That's correct, but Bush nominated both after he won the popular vote in 2004. While it's obviously reasonable to believe that had he not been "selected" in 2000, he would not have been elected in 2004, in Weekend Reading, I do my best to avoid leaving larger points vulnerable to quibbles.
Thank you for reading.
Came here to say this. We simply must enact the interstate compact or something similar for the electoral college system to be fixed.
Bush made no SCOTUS appointments during his first term. Alito and Roberts were appointed in second term (where despite reason he did win the popular vote.)
Thank you for clarifying...always interested in these tidbits!
And yet we must try.