Activist Judges!

On Justice Ginsburg: One More Farewell

by Anne Laurie| September 26, 20209:02 am| 102 Comments

This post is in: Absent Friends, Activist Judges!, Civil Rights, Women's Rights

??MUST-WATCH??
Amy Klobuchar is on FIRE and did NOT come to play.???? pic.twitter.com/Poh8MVbDjF
— DeMarcus ?? (@semperdiced) September 24, 2020

Because these were too good not to share!

Ruth Bader Ginsburg chose, over and over again, not to let awful circumstances crush her determination to fight towards a better world. We owe her to keep that relentless determination alive, as best our individual circumstances permit.

Opinion: Justice Ginsburg leaves us our marching orders https://t.co/WiBOR2QIAY
— The Washington Post (@washingtonpost) September 25, 2020

… Ginsburg was arguably the most influential Jew in U.S. history (perhaps tied with Sandy Koufax for the most loved). Rabbi Lauren Holtzblatt’s remarks at the ceremony centered on “tzedek, tzedek tirdof” — the phrase from Deuteronomy 16:20 meaning “justice, justice you shall pursue,” featured in an inscription on a piece of art in Ginsburg’s office. There are many rabbinical discussions on why the word “justice” is repeated, but my favorite — one certainly applicable to Ginsburg — is that you must pursue justice in a just way. Justice is not merely the result that matters, but the means by which you seek it. Ginsburg exemplified this idea by pursuing justice for all Americans, case by case, through the steady progress of the law. Might does not make right. It is through rational and creative thinking that justice is advanced. Justice does not come as a bolt from the blue, but as the result of tenacious, fierce, careful and inspired work.

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On Justice Ginsburg: One More FarewellPost + Comments (102)

Everybody Loses, We Win

by Tom Levenson| June 20, 202011:50 am| 91 Comments

This post is in: Activist Judges!, Open Threads, Republican Stupidity, Republican Venality, Trumpery

The judge’s decision in the Trump clown parade’s attempt to block the release of John Bolton’s already-de-facto-released book has just come down.

It is as expected: nope, Billy Barr’s merry men cannot stop Bolton (and Simon and Schuster) from publishing. So Trump and Barr lose.

Good.

At the same time, Judge Royce Lambert noted that Bolton seems to have assumed that the courts would give him a pass to unilaterally drop out of the review process. No, nope, nyet, no way:

Bolton disputes that his book contains any such classified information and emphasizes his months-long compliance with the prepublication review process. He bristles* at the mixed messages sent by prepublication review personnel and questions the motives of intelligence officers. Bolton could have sued the government and sought relief in court. Instead he opted out of the review process before its conclusion. Unilateral fast tracking carried the benefit of publicity and sales, at the cost of substantial risk exposure. This was Bolton’s bet: If he is right and the book does not contain classified information, he keeps the upside mentioned above; bu tif he is wrong, he stands to lose his profits from the book deal, exposes himself to criminal liability, and imperils national security. Bolton was wrong.

Judge Lambert noted that Bolton (likely) did what the government alleges–that, as he wrote, the United States would prevail on the merits.

IANAL, but I think Bolton would argue that the classification was after-the-fact and improperly applied. My guess is that’s probably true–virtually certainly so in at least some instances. Given Lambert’s opinion, it seems likely that argument this will be tested in another court and soon. From the tenor of the last paragraph in the opinion denying the government’s request for an injuction, that may very well end badly for the mustachioed warmonger:

“Defendent Bolton** has gambled with the national security of the United States. He has exposed his country to harm and himself to civil (and potentially criminal liability…”

So there is a good chance Bolton coughs up his $2 million advance, and maybe even dons an orange jumpsuit.

Also good.

The dreamer in me has this fantasy: that Bolton, Barr, and Trump occupy three adjacent cells–and the latter two must spend their entire sentence listening to Bolton tell them how wrong they were, and right he was at every turn. All day. Can’t see to can’t see.

This is truly an instance where I am rooting for (judicial) injuries for every party.

*I’m guessing that wasn’t an accidental word choice to describe a man who has made Bolton’s facial hair choices.

**I know I should be concerned–I am!–about the chilling intent in the government’s pursuit of Bolton. But damn, “defendent Bolton” has such a lovely ring, doesn’t it.

Image: Jan van Eyck, The Just Judges (panel from the Ghent Altarpiece), between 1427-1430.

Everybody Loses, We WinPost + Comments (91)

Repubs in Disarray! Open Thread: “Conservatives” Suspect Justice Gorsuch Has Some Gay Friends

by Anne Laurie| June 16, 202010:38 pm| 110 Comments

This post is in: Activist Judges!, C.R.E.A.M., LGBTQ Rights, Repubs in Disarray!

All those evangelicals who sided with Trump in 2016 to protect them from the cultural currents, just found their excuse to stay home in 2020 thank to Trump’s Supreme Court picks.
— Erick Erickson (@EWErickson) June 15, 2020

This is a disaster. I always worried about Gorsuch given his support for his friend’s “gay marriage,” reported before his confirmation. Framers of Title VII of the 1964 Civil Rights Act never intended to include “sexual orientation” and “transgenderism.” https://t.co/ArhmU3PhBg
— Robert A. J. Gagnon (@RobertAJGagnon1) June 15, 2020

Conservatives: “Alito correctly states gender dysphoria didn’t exist as a concept until the 1980s so Title VII couldn’t protect lgbtq folks”
Also Conservatives: “The Founding Fathers specifically meant that all Americans should have assault weapons and grenade launchers”
— rejfrance (@rejfrance1) June 15, 2020

It is, of course, the fault of Title VII, which struck down the sacred traditionalist concept of ‘girl cooties’. Once normal hardworking bosses were forbidden to keep out the ladyfolk, sooner or later the ‘deviants’ were bound to start whining for a loophole to protect them, as well!

(I give it 36 hours, at most, before they remember that LBJ originally ‘rammed Title VII down their throats’ to protect… African-Americans. The equal-protection-against-sexual-discrimination line had only been added to the original law in an attempt to make the whole concept ridiculous — imagine letting a woman into the boardroom, har har har!)

So, Roberts and Gorsuch were loyal to their class after all.
— Rod Dreher (@roddreher) June 15, 2020

The crisis moment for the “conservative legal movement” has arrived.
The Roe v. Wade of religious liberty is here, and it was delivered by golden boy Neil Gorsuch.
What comes next?
— Josh Hammer (@josh_hammer) June 15, 2020

the quiet part loud pic.twitter.com/2M7HPnuziw
— Adrenochrome Harvester (@ClenchedFisk) June 16, 2020

Conservatives are showing way more anger towards Gorsuch than Roberts, which shows how desperate they were for a non-racist excuse to like Trump.
— Tentin Quarantino (@agraybee) June 15, 2020

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Poetic that the 2016 election largely turned on the fight to fill Justice Scalia’s seat and his successor, who benefited materially by President Trump’s victory, just dealt a major blow to both Trump’s re-election chances and the concept that SCOTUS seats are worth fighting over. pic.twitter.com/W95udCX3FI
— The Columbia Bugle 🇺🇸 (@ColumbiaBugle) June 15, 2020

The libs live in a bubnle, said the St. Scalia resident fellow of natural law at the Institute of Sacred Marginal Tax Rates. https://t.co/xlBCzkpAK9
— Alex Hazanov (@alexhazanov) June 15, 2020

Gorsuch's majority opinion is 29 pages.
Alito and Kavanaugh's dissents are a collective 138 pages.
— Mark Joseph Stern (@mjs_DC) June 15, 2020

Here’s Alito accusing Gorsuch of betraying Scalia. Alito is MAD. pic.twitter.com/p4Tk329t4I
— Mark Joseph Stern (@mjs_DC) June 15, 2020

“The problem with applying civil rights law to sexual orientation or gender identity is that it will make it more difficult for employers to discriminate on the basis of sexual orientation or gender identity” — Sam Alito pic.twitter.com/nsWfgfHmph
— Scott Lemieux (@LemieuxLGM) June 15, 2020

Alito, weeping as he reads his dissent from the bench: “YOU’RE NOT THE NEW SCALIA I’M THE NEW SCALIA YOU’RE A . . . A . . . A PIRATE!” [flees from chamber, trips over robe]
— ListenHellboyHat (@Popehat) June 15, 2020

Kavanaugh declined to join Alito’s fiery rage dissent, which bristles with hostility toward LGBTQ people. Kav knows that doesn’t fly any more. Instead he wrote his own dissent that basically congratulates LGBTQ people for winning, even though he thought they should lose. pic.twitter.com/RCgLPjWaSv
— Mark Joseph Stern (@mjs_DC) June 15, 2020

Tired: “Defund the Police!”
Wired: “Defund the Supreme Court!” pic.twitter.com/TjEFMukQSg
— Christian Vanderbrouk (@UrbanAchievr) June 15, 2020

anyway, a reminder that the thing that caused conservatives to drop Dubya wasn’t Iraq or Katrina or the financial crisis but the five minutes he tried to put Harriet Miers on the Supreme Court.
— Zeddy (@Zeddary) June 15, 2020

Don’t underestimate the anger today’s SCOTUS decision will provoke on the right. It could boil over into a crisis. Conservative donors spent millions getting Gorsuch on the bench. They wanted results. Now they’re going to ask Republicans: THIS is the return on our investment?
— Mark Joseph Stern (@mjs_DC) June 15, 2020

‘I never knew him, he was McConnell’s idea, the christian people loved him, I said yeah sure but you can never be sure’
— Zeddy (@Zeddary) June 15, 2020

NARRATOR: he hasn’t read the decision. https://t.co/NbbnqRo8u7
— Daniel W. Drezner (@dandrezner) June 15, 2020

Is there a better Monday-morning-feeling than watching Federalist Society twitter cry?
— Mangy Jay (@magi_jay) June 15, 2020

Gorsuch once ruled in favor of businesses letting their employees freeze to death so let's not get to complimentary of him just because his arcane legal text based sociopathy produced a good outcome this time.
— Viridian Forest Autonomous Zone (@weedlewobble) June 15, 2020

To end where we began…

Somewhere Erick Erickson scowls. He flips open his thesaurus. “Not goats this time,” he says. “Something . . . fouler. Something worse.”
— ListenHellboyHat (@Popehat) June 15, 2020

Reminder: Erickson first bubbled to public attention for calling David Souter ‘a goat-fvking child molestor’. He remains a monster, albeit the Voice of the GOP Gated Community:

So about that police shooting in Atlanta at the Wendys — I’m struggling to see why the officer should be disciplined.
— Erick Erickson (@EWErickson) June 15, 2020

<em>Repubs in Disarray!</em> Open Thread: “Conservatives” Suspect Justice Gorsuch Has Some Gay FriendsPost + Comments (110)

Tuesday Morning Open Thread: Onward & Upward

by Anne Laurie| June 16, 20206:52 am| 176 Comments

This post is in: Activist Judges!, Biden For President, Election 2020, LGBTQ Rights, Republican Stupidity, Trumpery

Somewhat overlooked yesterday in the celebration of the protection of LBGTQ rights under Title VII, but also important:

Trump loses effort to overrule state “sanctuary city” efforts.
States can continue to refuse to be conscripted into helping ICE and CBP with deportation sweeps. https://t.co/dyemqmkaZH
— The Hoarse Whisperer (@HoarseWisperer) June 15, 2020

(Full details here.)

Joe Biden pulled in $81 million for his election effort in the month of May, a massive sum that shows the extent to which Democrats have unified behind the former vice president as he seeks to defeat Republican President Donald Trump. https://t.co/mnHStwzChb
— AP Politics (@AP_Politics) June 16, 2020

Please say Death Star… please say Death Star… https://t.co/Yz4Dp2YOxP
— Daniel W. Drezner (@dandrezner) June 15, 2020

They may give it a catchy name, but it’s just doubling down on the BS:

… Trump wants to run as the candidate of “law and order.” But one reason Trump 2020 is not analogous to Richard Nixon’s 1968 campaign — based on the same theme — is that Nixon wasn’t president while he exploited fear of violence in American cities during that volatile year. Nixon was campaigning against a chaos for which voters could not conceivably hold him responsible.
Trump, however, leads a nation roiled by protests and bursts of looting and violence. Trump’s aides say he needs to paint a picture of what a Biden presidency would look like. So, naturally, he grabs onto what he considers the most unappealing excesses of the left and tries to brand Biden with these images…
The Biden campaign’s response: “As he exacerbates crisis after crisis, Trump has stepped on his own message so much that he no longer even has one,” said Andrew Bates, Biden’s director of rapid response.
“Any politician who tear-gasses Americans peacefully exercising their First Amendment rights for a cynical photo-op, who defiles the Department of Justice by treating it as an extension of his re-election campaign, and who has leached untold millions off of taxpayers into his own pocket while still refusing to show them his own tax returns has no business saying that he stands for either ‘law’ or ‘order.'”…

No social distancing, masks optional: Here is what President Trump's Tulsa rally will look like https://t.co/GbmdZh9rEQ pic.twitter.com/AJDtLOqQaq
— CNN Politics (@CNNPolitics) June 15, 2020

On Planet Trump, Daddy needs a dopamine hit:

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…The rally will take place at the BOK Center in Tulsa, Oklahoma, which has a capacity of just under 20,000. The campaign says it is expecting a full house.
“It is a Trump rally, the arena will be packed,” said Tim Murtaugh, communications director for the Trump campaign. The BOK Center has canceled or postponed every other scheduled event through the end of July.
Campaign manager Brad Parscale tweeted on Monday that the campaign plans to check the temperature of everyone who enters the venue. They will also be providing hand sanitizer, and each attendee will receive a mask provided by the campaign, although they will not be required to wear it. Trump has notably declined to wear a mask in public…
There was a “meaningful increase” in cases of coronavirus last week in the city, according to the statement. As of Friday, there had been 1,443 total confirmed cases of coronavirus in Tulsa County, and 62 deaths.
Tulsa City-County Health Department Director Bruce Dart told the Tulsa World newspaper over the weekend that he wishes the campaign would push back the date of the event.
Dr. Anthony Fauci, the director of the National Institute of Allergy and Infectious Diseases and a key member of Trump’s coronavirus task force, specifically warned about the dangers of gatherings like the rally.
“When you’re in a large crowd, if you have the congregation of people that are much, much closer to each other, you definitely increase the risk that you will either acquire or spread infections,” Fauci said in an interview with CNN’s Wolf Blitzer Friday night.
Campaign officials tell CNN they have not considered postponing the rally and are actively exploring a second venue somewhere in Tulsa for the President to appear in person to satisfy those who were interested in seeing the President speak. During a roundtable at the White House on Monday, the President said that his campaign had secured a nearby venue that will allow for an additional 40,000 people to see him speak.
The campaign is actively encouraging as many people as possible to RSVP to attend. The RSVPs are not tickets, and a ticket is not required for admission. Entry into the rally is first come, first serve, and the campaign is expecting rallygoers to begin lining up outside the venue well in advance of the Saturday event.

if trump is not on that stage encased in a plexiglas bubble I will eat a shoe https://t.co/7CmyBQtsLn
— kilgore trout, a ramp with no steps (@KT_So_It_Goes) June 15, 2020

Tuesday Morning Open Thread: Onward & UpwardPost + Comments (176)

Thursday Morning Open Thread: Happy Vesak Day!

by Anne Laurie| May 7, 20207:04 am| 109 Comments

This post is in: Activist Judges!, Open Threads, Religion, Science & Technology

A vendor wearing a face mask packs lanterns ahead of the Vesak festival which marks the birth, enlightenment and passing away into Nirvana of Buddha in Delgoda #SriLanka
??Ishara S. Kodikara @AFP @AFPphoto pic.twitter.com/84doLa6xzB
— AFP South Asia (@AFPSouthAsia) May 3, 2020

May the full moon of Vesak, take away the darkness of ignorance, bigotry and hatred and herald an era of contentment peace and enlightenment for the world! Heartiest Greetings on this day.Happy Buddha Jayanti!

… On Vesak Day, Buddhists all over the world commemorate events of significance to Buddhists of all traditions: The birth, enlightenment and the passing away of Gautama Buddha. As Buddhism spread from India it was assimilated into many foreign cultures, and consequently Vesak is celebrated in many different ways all over the world. In India, Vaishakh Purnima day is also known as Buddha Jayanti day and has been traditionally accepted as Buddha’s birth day…

Buddhist monks pray at Bangkok's Wat Bowonniwetwiharn temple on Visaka Bucha Day even as Thais are encouraged not to gather inside places of worship in order to prevent the spread of the COVID-19
?? Lillian Suwanrumpha pic.twitter.com/xddPRIDLae
— AFP news agency (@AFP) May 7, 2020

Speaking of Bodhisattvas…

Justice Ruth Bader Ginsburg, 87, has returned home after spending the night at Johns Hopkins Hospital to undergo nonsurgical treatment for an infection caused by a gallstone, the Supreme Court says.https://t.co/aObOf0bJCK
— The Associated Press (@AP) May 7, 2020

Also excellent news:

It's weird how the biggest public health story of 2020 went by almost unnoticed. https://t.co/0N8Jo7HPVE
— Pinboard ?? (@Pinboard) May 6, 2020

Thursday Morning Open Thread: Happy Vesak Day!Post + Comments (109)

Wednesday Morning Open Thread: Summon the Heroes

by Anne Laurie| May 6, 20206:13 am| 264 Comments

This post is in: Activist Judges!, Open Threads, Proud to Be A Democrat, Readership Capture

Full video at the bottom of this post:

In celebration of music’s power to connect us, enjoy this special Boston Pops’ performance, with #JohnWilliams himself, of “Summon the Heroes”, dedicated to all of the front-line workers: https://t.co/xc65Bf64vP
Keep the music playing and give now: https://t.co/2UXyXpLUjA pic.twitter.com/zZCEQIQ1BD
— Boston Pops (@TheBostonPops) May 5, 2020

If The Notorious RBG can deal, you can deal:

Ruth Bader Ginsburg has an infection from a gallstone and expects to be hospitalized for a day or two, the Supreme Court says. The 87-year-old justice still plans to take part in the court’s arguments, which are being held by phone during the pandemic. https://t.co/HDfJZruZ0X
— The Associated Press (@AP) May 6, 2020

RBG is still taking part in tomorrow’s oral arguments, despite hospitalization. Meanwhile, many of us probably won’t get out of our pajamas tomorrow. This lady has grit.
— City of Chicago (@chicago) May 6, 2020

Happier news, for those of you who haven’t celebrated it already:

The commencement speaker for the high school class of 2020? Barack Obama will headline a prime-time #GraduateTogether TV tribute.https://t.co/UP2scxJgX1
— AP Entertainment (@APEntertainment) May 5, 2020

Former President Barack Obama will deliver a televised prime-time commencement address for the high school Class of 2020 during an hour-long event that will also feature LeBron James, Malala Yousafzai and Ben Platt, among others.
ABC, CBS, Fox and NBC will simultaneously air the special [Saturday] May 16 at 8 p.m. EDT along with more than 20 other broadcast and digital streaming partners, according to the announcement Tuesday from organizers.
Several high school students from Chicago public schools and the Obama Youth Jobs Corps will join, as will the Jonas Brothers, Yara Shahidi, Bad Bunny, Lena Waithe, Pharrell Williams, Megan Rapinoe and H.E.R…
“This high school graduation season will be anything but ordinary — but that’s all the more reason why the Class of 2020 deserves extraordinary advice, heartfelt encouragement, and hard-won wisdom about facing new challenges in an uncertain world,” Russlynn Ali, CEO and co-founder of XQ Institute, said in a statement…

Wednesday Morning Open Thread: Summon the HeroesPost + Comments (264)

Breaking: Jill Karofsky Has Defeated Scott Walker Appointed Incumbent Dan Kelly!

by Adam L Silverman| April 13, 20208:28 pm| 209 Comments

This post is in: Activist Judges!, America, Domestic Politics, Election 2020, Open Threads, Politics, Silverman on Security

(Iron Brigade Forward – The 2nd Wisconsin Infantry Leg by Major General John Reynolds at Gettysburg painting by Mark Maritato)

We have some really good news out of Wisconsin this evening! Jill Karofsky, the liberal challenger, has defeated the Scott Walker appointed incumbent on the Wisconsin state supreme court!

Decision Desk HQ projects @judgekarofsky will win the Wisconsin Supreme Court election. pic.twitter.com/JpbV10O4aR
— Decision Desk HQ (@DecisionDeskHQ) April 13, 2020

Dan Kelly wasn’t just a conservative judge, whatever that actually means any more given what we’ve seen over the past several years, he was an unapologetic racist too.

Jill Karofsky, the liberal challenger, has won Wisconsin's Supreme Court election.
She ousts incumbent Dan Kelly, a Scott Walker-appointed, Trump-endorsed incumbent conservative known for things like comparing slavery to affirmative action.
— Taniel (@Taniel) April 13, 2020

The Wisconsin supreme court still has a conservative majority with 4 conservative justices to what will be 3 liberal justices once Justice-elect Karofsky is sworn in. Which is definitely better than the 5-2 conservative majority should soon to be former Justice Kelly been reelected to a ten year term.

For all the Wisconsites that braved the bad weather and potential exposure to COVID-19, well done!!!!

Open thread!

Breaking: Jill Karofsky Has Defeated Scott Walker Appointed Incumbent Dan Kelly!Post + Comments (209)

Consistently wrong since 2002

I thought we were promised Infrastructure Week

Also, too.

Militantly superior in their own minds…

We have all the best words.

Technically true, but collectively nonsense.

All your base are belong to Tunch.

Usually wrong but never in doubt.

Reality always wins in the end.

Just a few bad apples.

We can agree to disagree, but I’m right.

Hot Air and Ill Informed Banter

The Math Demands It!

Gastritis Broke My Calculator

This is a big f—–g deal.

An almost top 10,000 blog!

Not all heroes wear capes.

Peak wingnut was a lie.

We still have time to mess this up!

This Blog Goes to 11…

Our job is not to persuade Republicans but to defeat them.

The house always wins.

Dinky Hocker Shoots Smack!

This is how realignments happen…

On Justice Ginsburg: One More Farewell

Everybody Loses, We Win

Repubs in Disarray! Open Thread: “Conservatives” Suspect Justice Gorsuch Has Some Gay Friends

Tuesday Morning Open Thread: Onward & Upward

Thursday Morning Open Thread: Happy Vesak Day!

Wednesday Morning Open Thread: Summon the Heroes

Breaking: Jill Karofsky Has Defeated Scott Walker Appointed Incumbent Dan Kelly!