Supreme Court Archives - Page 3 of 12

April rambling: shadow docket

1950 Census

John Roberts joins dissent blasting extremist Supreme Court conservatives for abusing the shadow docket

Ginni Thomas Debacle Is a Warning That Trumpism Lives On in the Halls of Power

Battle Against School Segregation in New Jersey

Weekly Sift: Elon and Twitter; will Elon regret the purchase?

Last Week Tonight with John Oliver: Police Interrogations and
Data Brokers and Truckers and Harm Reduction

Florida Eliminates Disney’s Special District

He Was an Ex-FBI Serial Killer Profiler. Then His Lies Caught Up With Him

Viewers Feel Overwhelmed by Too Many Choices, Nielsen Survey Finds and What Happens When an Industry Becomes a Squid Game and Behind the Scenes of CNN+’S Stunning Fall

Lily Tomlin THR interview

Gilbert Gottfried, Comedian, ‘Aladdin’ Star Dies at 67 from a condition called myotonic dystrophy. In the documentary called Life, Animated (2016), about a child who learned to communicate by watching Disney films, the young man Owen had a club and he invited Gilbert to one of their events. Gilbert was such a mensch.

Bobby Rydell, Pop Singer, ‘Bye Bye Birdie’ Actor, Dies at 79

Robert Morse, Two-Time Tony Winner, and ‘Mad Men’ Star, Dies at 90

Bruce Willis’ Aphasia

How Colorblind NHL Players See The Game

Comics For Ukraine

The Most Beloved Comic? How and Why Calvin and Hobbes Disappeared

The (Edited) Latecomer’s Guide to Crypto

Chuck Miller changes his name

Human connections light up This Brilliant Darkness by Jeff Sharlet

Making popcorn

The remarkable brain of a carpet cleaner who speaks 24 languages

How Come People Say ‘How Come’?

A poem about libraries

A puzzler from Presh Talwalkar.

That Old Twitchy Feeling – linkage to linkage

Information, please

The Census Is Broken. Can AI Fix It?

Fertility Rates: Declined for Younger Women, Increased for Older Women

Official 1950 Census Website

How Many Humans Have Ever Lived?

State Tax Collections per Capita, Fiscal Year 2020

Maps of Albany

Now I Know

Indiana Jones and the Porcelain Throne? and When Belgium Flipped the Coin at France and We Shouldn’t Forget Ignaz Semmelweis and Why Doctors Wear Green (or Blue) Scrubs and The Walls (and Book) That Can Kill You and The $64,000 Fake New York City Tourist and Why You Shouldn’t Hold in a Sneeze and An Initial Reaction to Disaster Relief?

MUSIC

Rebecca Jade was gearing up for San Diego Music Awards performance; she won two awards, Best Video; and Best R and B, Funk, or Soul Song for What’s It Gonna Be.

Possibly Neil Diamond’s most significant Sweet Caroline performance, Fenway Park in Boston, April 20, 2013.

Elmer Bernstein at 100

Rest in peace, C.W. McCall

Piano Concerto No. 2 in C minor by Sergei Rachmaninoff, performed by Khatia Buniatishvili

Good Day Sunshine – MonaLisa Twins

Three Visions by William Grant Still

Town Of Tuxley Toymaker

Le Palais Hante by Florent Schmitt.

Coverville: 1396 – Tribute to Foo Fighters’ Taylor Hawkins and
1397 – The Elton John Cover Story IV and 1398 – The Hollies Cover Story II

Appalachian Spring by Aaron Copland

Twelve cellists from the Berlin Philharmonic Orchestra play the theme from The Pink Panther

The Crown of India by Edward Elgar

Introverting – The Holderness Family

Amadeus clip

All By Myself – Eric Carmen

John Denver

K-Chuck Radio: You mean they’re not related?

The SCOTUS abortion ballet

“enlisting private citizens to do what the State could not”

It’s not that I’m happy that the Texas state legislature passed legislation severely restricting abortion. It’s that I’m unsurprised. I’ve come to expect dreadful things from the Texas legislature – see its recent restrictive voting bill.

These bills were signed by its terrible, awful, not very good governor, Greg Abbott, who’s always in fierce contention with Florida’s Ron DeSantis as my least favorite state chief executive.

The latest bad law in Texas bans abortion as early as six weeks. For women with regular menstruation cycles, they have only two weeks after missing a period to determine pregnancy. This is before most people even know they are pregnant.

Vigilantes

Worse, the state law allows anyone to sue a person or organization that provides abortion care or even helps someone obtain an abortion. As Truthout notes: “The drafters of SB 8 established a novel scheme to prevent lawsuits against state officials by privatizing enforcement and deputizing private persons to sue people who provide abortions.

“The bill gives any non-governmental person the right to sue abortion providers and those who ‘aid and abet’ them, financially or otherwise… Defendants must pay plaintiffs who win their lawsuits a $10,000 bounty plus attorneys’ fees. In other words, Texas is bribing its residents to sue people who help women get abortions.”

This variation on vigilante justice is not only constitutionally dubious but potentially dangerous to the potential defendants. The targets “could include anyone — doctors, nurses, friends, spouses, parents, domestic violence counselors, clergy members or Uber drivers.” Given the rage people have over vaccine requirements and mask mandates, this is scary stuff. As VoteVets noted: “In a state with fewer restrictions on guns than on reproductive health care, that kind of vigilante justice is pretty terrifying.”

Supreme Court punts

So I’m furious with the SCOTUS abortion ballet. In a one-paragraph, unsigned order, the court acknowledged that the providers had “raised serious questions regarding the constitutionality of the Texas law.” But that was not enough to stop the law from going into effect. The court explained it’s because of the way the law operates.

Specifically, the court observed, it wasn’t clear whether the state officials – a judge and court clerk – and the anti-abortion activist whom the abortion providers had named as defendants “can or will seek to enforce the Texas law” against the providers in a way that would allow the court to get involved in the dispute at this stage.”

That’s legal mumbo jumbo for BS. As Chief Justice John Roberts notes, SCOTUS has allowed the state to allow the implementation of a law that could be unconstitutional. “The Court’s order is emphatic in making clear that it cannot be understood as sustaining the constitutionality of the law at issue.”

As Justice Sonia Sotomayor explained in dissent, the Texas “Legislature took the extraordinary step of enlisting private citizens to do what the State could not…The Court should not be so content to ignore its constitutional obligation to not only protect the rights of women but also the sanctity of its precedents and of the rule of law.”

Onerous

In a state that leads the country and much of the developed world in the rate of maternal mortality, women in Texas will now have to travel to another state to secure an abortion or resort to life-threatening back-alley coat-hanger abortions. There is no exception for rape or incest.

Biden said the Court’s [in]action in Woman’s Whole Health “unleashes unconstitutional chaos and empowers self-anointed enforcers to have devastating impacts.” He added, “Complete strangers will now be empowered to inject themselves in the most private and personal health decisions faced by women.”

Future

Does this mean that Roe v. Wade has been overturned? Not necessarily. This was a wuss non-action by SCOTUS. The Court will address Roe in a Mississippi case soon. The Court’s actions in Texas DOES make me nervous about Roe’s future.

It’d be nice if Congress would pass the Women’s Health Protection Act, but I’m not encouraged.

The trials of the ‘Scottsboro Boys’

Leadbelly song

As the story goes, “No crime in American history– let alone a crime that never occurred– produced as many trials, convictions, reversals, and retrials as did an alleged gang rape of two white girls by nine black teenagers on a Southern Railroad freight run on March 25, 1931.

“Over the course of the two decades that followed, the struggle for justice of the ‘Scottsboro Boys,’ as the black teens were called, made celebrities out of anonymities, launched and ended careers, wasted lives, produced heroes, opened southern juries to blacks, exacerbated sectional strife, and divided America’s political left.”

Britannica notes: “Despite testimony by doctors who had examined the women that no rape had occurred, the all-white jury convicted the nine, and all but the youngest, who was 12 years old, were sentenced to death.

“The announcement of the verdict and sentences brought a storm of charges from outside the South that a gross miscarriage of justice had occurred in Scottsboro. The cause of the ‘Scottsboro Boys’ was championed, and in some cases exploited, by Northern liberal and radical groups, notably the Communist Party of the U.S.A.

Here’s a video from Ancient History, though it’s not so ancient.

SCOTUS

History.com notes: The trials and repeated retrials of the Scottsboro Boys sparked an international uproar and produced two landmark U.S. Supreme Court verdicts, even as the defendants were forced to spend years battling the courts and enduring the harsh conditions of the Alabama prison system.

One of the cases was Powell v. Alabama (1932), in which SCOTUS ruled that the Scottsboro defendants had been denied the right to counsel. This violated their right to due process under the 14th Amendment. “The Supreme Court overturned the Alabama verdicts, setting an important legal precedent for enforcing the right of African Americans to adequate counsel, and remanded the cases to the lower courts.”

The second, again overturning the guilty verdicts, was in Norris v. Alabama (1935). The “systematic exclusion of blacks on Jackson Country jury rolls denied a fair trial to the defendants… This second landmark decision in the Scottsboro Boys case would help integrate future juries across the nation.”

You can “meet” the individuals involved through the American Experience piece Who Were the Scottsboro Boys?

In 2013(!), Alabama posthumously pardoned three of them after 80 years, “essentially absolving the last of the Scottsboro Boys of criminal misconduct and closing one of the most notorious chapters of the South’s racial history.”

Music

Here are the lyrics to the song Scottsboro Boys by Hudie Leadbetter, known as Leadbelly. Listen to the song.

There was a Broadway musical of this story in 2010. Music and lyrics were by John Kander and Fred Ebb, who had done Cabaret and other successful shows. It ran for 29 previews and 49 performances. Watch the 2011 Tony Awards performance.

First is important; “can’t count” is better

Nine is enough

I’ve long had this rule of thumb about progress for groups who have been traditionally underrepresented in an area. The person who is first is important, of course, indeed vital. But real equality takes place when one can’t count the number without looking it up.

So it’s excellent that Sarah Thomas is the first woman to referee a Super Bowl game. And there are plenty of other firsts in sports in recent years.

But “‘What is really going to excite me is when this is no longer aberrational or when this is no longer something that’s noteworthy,’ said Amy Trask, who in 1997 became the Oakland Raiders’ chief executive and the first woman of that rank in the N.F.L. Few have followed in similar roles.”

Once I knew all of the female spacefarers. Now that there have been more than five dozen, I look at the list and not recognize some of the names. And THAT is a GOOD thing. Too many to keep track of is the point of the exercise.

US Govt

There are currently 24 women in the US Senate and 58 all-time. That’s not nearly enough. Still, I can no longer name all of the current female Senators, which I could do as recently as the early 1990s. (Margaret Chase Smith, R-ME, was the ONLY woman in the Senate the year I was born.)

I’m looking forward to the point when I can’t name all of the women who have been on the US Supreme Court. (Hint: there have been five of them, and three are on the court presently.)

The late, great Ruth Bader Ginsburg had a great quote about this. “When I’m sometimes asked ‘When will there be enough [women on the Supreme Court]?’ and I say ‘When there are nine,’ people are shocked. But there’d been nine men, and nobody’s ever raised a question about that.” Amen.

Of course, I needed to get my calculator to count all of the women who have been elected President or Vice-President of the United States. I can’t count that high. Lessee, there’s one…

United Nations

UN Women announces the theme for International Women’s Day, 8 March 2021, as “Women in leadership: Achieving an equal future in a COVID-19 world.” It calls for “women’s full and effective participation and decision-making in public life, as well as the elimination of violence, for achieving gender equality and the empowerment of all women and girls…

“The majority of the countries that have been more successful in stemming the tide of the COVID-19 pandemic and responding to its health and broader socio-economic impacts, are headed by women.

“For instance, Heads of Government in Denmark, Ethiopia, Finland, Germany, Iceland, New Zealand, and Slovakia have been widely recognized for the rapidity, decisiveness, and effectiveness of their national response to COVID-19, as well as the compassionate communication of fact-based public health information.

“Yet, women are Heads of State and Government in only 20 countries worldwide.”

Sedition and other high crimes

“loser of the year”

The fact that the Supreme Court, as expected, rejected that absurd Texas lawsuit doesn’t fill me with the joy that it should.

Of course, the attempt to overthrow Joe Biden’s election victory was bogus. It is, presumably, again and yet again, the “end of the road” for the crusade to overturn the election. But America lost anyway.

His angry mob supporters spark terrorism fears. When he levels threats at the Republican Attorney General in Georgia, his rabid fans take him literally. “Brad Raffensperger… and his wife have received death threats, including by text message, and caravans have circled their house.”

People just trying to do their jobs

And, per a list from the New York Times:

* Dozens of his supporters, some armed, went to the home of Jocelyn Benson, Michigan’s Democratic secretary of state, and began shouting obscenities.

* On Twitter, his supporters have posted photographs of the home of Ann Jacobs, a Wisconsin official, and mentioned her children.

* In Phoenix, about 100 of his supporters, some armed, protested at the building where officials were counting votes.

* In Vermont, officials received a voice message threatening them with “execution by firing squad.”

* Seth Bluestein, a Philadelphia official, received anti-Semitic and violent threats after Pam Bondi, the former Florida Attorney General and ally of IMPOTUS, publicly mentioned him.

* A Georgia poll worker went into hiding after a viral video falsely claimed he had discarded ballots.

Reality?

* Gabriel Sterling, another Georgia official, received a message wishing him a happy birthday and saying it would be his last. In a later interview with Time magazine, Sterling argued that elected politicians could defuse the threats by acknowledging that the election was fair. “Leadership is supposed to look like grown-ups in the room saying, ‘I know you’re upset, but this is the reality.'”

The reality, of course, is not the intent of the “reality” star. It appears to be to foment the violence, and he has succeeded. I agree with the official who worries, “I don’t know how this ends without violence and death.”

And I lay it at the feet of the guy who said, both in 2016 and 2020, long before the votes were counted, that if he didn’t win, the elections must have been rigged. So only one-quarter of Republicans believe Biden actually won.

High crimes

These 40 days of denial and disinformation got me to look at 18 USC Ch. 115: TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES. It’s odd because it is the presumed, albeit outgoing, HEAD of the government that, one could argue is, per §2385, Advocating the overthrow of Government.

“Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

“Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

Conspiracy

“Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

“Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.”

One could – and I do – make the argument that in the words of Garry B. Trudeau, He’s “guilty, guilty, guilty.” I’m generally not a fan of sedition acts, as they almost always dampen free speech. But when actions by a soon-to-be-retired high-ranking government employee threaten the very fabric of democracy, I accept it.

Wusses

So why did 126 Republican members of Congress and about a dozen and a half state attorneys general sign on to this Supreme Court travesty? Fear of what he can do with that over $200 million that he has raised, ostensibly to fight the”rigged” election.

But he’ll have plenty of leftover cash. Those Republicans not toeing the orange line might get a well-funded primary challenge in 2022. He’s taking names, he said, like a demented Saint Nicholas, seeing who’s naughty or nice, to him.

Sometimes he tells the truth. Maybe he WILL start his own media company to take on the suddenly non-compliant FOX. This will give him the visibility for those other Republicans who want to make a 2024 White House run, that it’ll be an uphill climb.

Can’t win for losing

This week, the prominent German news magazine Der Spiegel named him its “loser of the year”. This happened the same day Time magazine named President-elect Joe Biden and Vice President-elect Kamala Harris its “Person of the Year.”

“In an article titled ‘Der Verlierer des Jahres…’ the publication’s Washington bureau chief Roland Nelles and Berlin-based correspondent Ralf Neukirch described him as a ‘man who … was never concerned with the common good, but always with one thing — himself.’

“Nothing is normal under him. He refuses to admit defeat. Instead, he speaks of massive electoral fraud, although there is no evidence for it. The whole thing is not surprising. His presidency ends as it began. Without decency and without dignity.”

I contend, though, that IMPOTUS has won. From that NYT:

His “attempts to overturn the election result are very unlikely to succeed. For that reason, the effort can sometimes seem like a publicity stunt — an effort… to raise money and burnish his image with his supporters.

“And it may well be all of those things. But it is also a remarkable campaign against American democracy. It has grown to include most Republican-run states, most Republican members of Congress, and numerous threats of violence. The new centerpiece in the effort is [that] lawsuit.” And the cowardly Republicans who signed on are “‘inflaming the public’, causing many voters to believe — wrongly — that a presidential election was unfair.”

If you Google 1918 Germany, you’ll find several references to one of the most disastrous political lies of the 20th century. “Powerful conservatives who led the country into war refused to accept that they had lost. Their denial gave birth to…the Dolchstosslegende, or stab-in-the-back myth.

“Its core claim was that Imperial Germany never lost World War I. Defeat, its proponents said, was declared but not warranted. It was a conspiracy, a con, a capitulation — a grave betrayal that forever stained the nation.” The “lies” were perpetrated by the liberals and the Jews. “That the claim was palpably false didn’t matter.” This is not a path the US should follow.

As my friend Alan notes, “He spends every day successfully sabotaging the institutions of our government, which means he is sabotaging the health and safety of every human being in the country. He is the greatest threat to the United States in its history.”