37 Comments
User's avatar
Michele McGurrin's avatar

I agree with you on this totally 💯

From the redwood forests's avatar

Thank you for saying it plainly. It DEFINITELY should have been 9-0. Their main job is to interpret the constitution. If this had been a question on an exam in school there would have been only right answer. I so appreciate the simplicity of your take on this that I am upgrading my subscription to support your work. Thank you!

Steve's avatar

Alito and Thomas are beyond help. I had more respect for the late conservative Justice Antonin Scalia than I have for these two combined.

With Gorsuch, one has to take the bad with the good. Justice Gorsuch has been a solid advocate for upholding treaty rights with Native American Nations.

Jack Sherman's avatar

I agree...but, this in conjunction with today's NY Times/Siena poll showing Talarico and Paxton neck and neck at 47%...maybe this is who "we" really are in this country/society...bigoted, ignorant, hateful, self-centered...I do become discouraged. I mean, how the HELL is trump back in office!!!

John Kumm's avatar

I'm with you Jack. I'm afraid it's a testament to the GOP's effectiveness at mobilizing culture war issues and demonizing the left and the right's proclivity for right-wing authoritarian world views. My grandparents are rolling over in their graves!

Linda Harris's avatar

Thanks for this update on Talarico, Jack. I cannot believe they are this close. What is wrong with the people in Texas and I am feeling today much like you. I am angry and discouraged in comparable degrees. They just caught Paxton with his new mistress on a train ride. And his past speaks for itself; but the release of Hoffman after he raped a little boy for years. What have we become.

Jason's avatar
2hEdited

Glad to see left of center writers on the same page on this. Waj Ali and Mark Stern at Slate said the same thing.

Here's a new requirement for all Dems running for House or Senate seats: what will you do to expand SCOTUS? Will you not just support but fight for SCOTUS term limits? What will you do to enforce ethics regulations for SCOTUS that are already enforced for all other judges?

Anastasia Pantsios's avatar

Term limits may not be doable except with some sort of workaround (any ideas?) because there aren't the votes for the constitutional amendment this would require. Expanding the court doesn't require that. I would also like to see the shadow docket banned entirely and requirement that the court "show its work" on every decision.

Jason's avatar

Agree about shadow docket...there also has to be some teeth to back up ethics violations. It's crazy that Thomas can still be sitting there after his long history of brazen corruption was made public.

bh?p51's avatar

The formerly-supreme court is not an "operation." It is a crime syndicate.

Helen Scott's avatar

Couldn't agree more. It HAD to be 9-0.

And could Bove replace Alito? Terrible thought.

CathyP's avatar

Should’ve been 9-0 … exactly what I was thinking.

Peter Lambert's avatar

Fantastic essay! Let’s do this.

Skip Montanaro's avatar

> Three justices looked at the plainest words in the Constitution and dissente

So much for textualism or originalism, or whatever they call it these days...

Hope Crescione's avatar

This may be a stupid question, but if they had negated the words of the 14th Amendment that state that being BORN in this country gives you citizenship, HOW would that NOT apply to ALL of us...including Trump?

Nora Fabre's avatar

Nellis gets it done. I needed this. Glad we’ve got you fighting the good fight.

Pam Waterworth's avatar

Thank you for the information. I hope you and your son had a fantastic time and that you didn't think of people with stupid behavior the whole time out!

John Kumm's avatar

The conservative justices are part of a comfortable club and they would like to remain part of that comfortable club for the rest of their lives. All they have to do to stay in the club is to assert opinions that benefit the club and its perverse interests, based on the concept of Constitutional originalism, plus some legal arguments that should be confined to law schools. In their heart of hearts they know there is a larger context for the work of SCOTUS, as envisioned by the founders, that should extend beyond their tenure and serve the well fare of the American people in the long term. Unfortunately, their physical and psychological comfort in their current incarnation is better served by hiding behind the fig leaf of "Constitutionalism".

mary thiel's avatar

Thank you for this. Love you, too.