Archive for the First Monday In October Category

They’re Back!  The Pack Is Unpacking (October 7, 2019)

Posted in First Monday In October, Supreme Court on October 7, 2019 by e-commentary.org

. . .

K          “Right after they unpack from their long summer break, the Supremes must decide whether queers are persons entitled to treatment as persons.”

J          “They should be able to decide that one quickly and pack up and go back on vacation.”

. . .

J          “The controlling Corporatists on the Court hold opinions and values that do not represent the rest of the public pack in America.”

K          “We the unrepresented pack should seriously consider packing the court and sending them packing.”

. . .

[See the e-commentary under the Categories “First Monday In October” and the “Supreme Court”.]

Bumper sticker of the week:

Sign outside the Supreme Court some years ago:  “Supremes:  You can hurry love.”

The Illegitimate Institution Unpacks After “Beach Week”:  Time To Start Packin’ The Court (October 1, 2018)

Posted in Courage, Courts, First Monday In October, Supreme Court on October 1, 2018 by e-commentary.org

. . .

K          “There is a cancer in the current Court.”

J          “The current Court is the cancer.”

. . .

K          “I do believe Dr. Blasey Ford.  I do not believe Brett Kavanaugh.”

J          “I do not believe Brett Kavanaugh.  I do believe Dr. Blasey Ford.”

. . .

K          “Thomas has confirmed the claims of those who claimed that he is unqualified.  He doubled down on the incompetence out of spite.”

J          “Gorsuch is occupying the ‘Stolen Seat’ without any reservation or compunction.”

K          “And the ‘American Psycho’ is set to assume the third illegitimate seat.”

. . .

K          “Why not?  The argument is that if you do it, they will do it.”

J          “So be it.  Something must be done.  Do it.  Pack it.”

. . .

K          “Only a few Americans realize that the appointments are not for life, they are ‘during good behaviour.’  They are behaving badly.  They need to go.  The Democrats need to present a coherent vision and future and then start impeachment hearings against the illegitimate Justices.”

J          “But the Democrats are weak, effete, feckless and craven.”

. . .

J          “Kavanaugh is ethically obligated to recuse himself from any case involving the Democratic Party, the ACLU, any left wing group broadly defined, voting cases, partisan gerrymandering cases, claims involving Presidential immunity and authority, the Environmental Protection Agency and global climate change, immigration, and other issues.”

K          “Or Roberts must preclude him from participating and deciding.  Someone needs to keep track of any cases in which he participates and later when the forces of light are in control to issue an omnibus order holding all of the holdings void ab initio.”

J          “Each failure to recuse himself is a separate impeachable offense.”

. . .

J          “He observed that if you gave some credence to packing the Court, you would not get into Yale.”

K          “That’s the heart of the problem.  That’s the game in America.  Kavanaugh was angry and frustrated that the ordinary people did not understand that because he got into Yale, all his sins and transgressions were forgiven.”

J          “Secular redemption in today’s America.  Perhaps part of a comprehensive solution is to close Yale and to close Harvard, convert the dorms into low income housing and use the funds to create a great educational institution open to individuals with intellect and integrity and the oft-forgotten . . . character.”

J          “And closed to those who do not have character.”

. . .

K          “Any chance that the Senate will do right?”

J          “Not.  A.  Chance.”

. . .

[See the e-commentary at “Is Kavanaugh Qualified? (July 30, 2018)”, “KavaNaugh(t): Naught.  Oh, and Happy Women’s Equality Day! (August 27, 2018)” and the e-commentary under the Categories “First Monday In October” and the “Supreme Court”.]

Bumper stickers of the week: 

Kavanaugh Calendar:  June 5, 1982:  “Achievment Tests”

B     E     A     C     H          W     E     E     K

Five Red Robes Trump Four Blue Robes

My child is a courageous law professor

The Truth has no statute of limitations

My daughter is a courageous Alaska lawyer

“What goes around, comes around”  Brett Kavanaugh

Cakes, Courts And Constitutions:  Brown v. Plessy II (December 4, 2017)

Posted in Civil Rights/Civil Liberties, Civil War, Courts, First Monday In October, Gay Politics, Society, Supreme Court, War and Wall Street Party on December 4, 2017 by e-commentary.org

. . .

K          “I thought that no one discriminated against the green stuff today.”

J          “The cake baker’s religious convictions seem heartfelt and genuine, yet they must yield when he opens the door to the public and seeks money.”

K          “If you hold yourself out to the public to be open for business, you cannot hold yourself out to the public to be open for business only for some.”

. . .

J          “There is a continuum of creativity.  Everyone involved in the marriage industrial complex is creative in some way.  The hair stylist, the floral designer, the nail sculptor, even the chef are all creating a creative product.  The cake baker is not unique or special.”     

. . .

K          “The coercive authority of the government coming to bear on an individual once again gives me some pause.”

. . .

J          “In the end, the decision is a piece of cake.”

K          “And as easy as pie.”

. . .

K          “And the case reveals once again that we are not one country, we are two countries deeply divided against each other.  And we are not one country with two political parties, we are two countries with one political party – the ‘War and Wall Street Party’ – divided into two divisions, the ‘D’ division and the ‘R’ division.”

J          “And a chasmic and unbridgeable divide between those two divisions.”

K          “The ‘D’ division of the Supreme Court and the ‘R’ division of the Supreme Court are two divisions of armies that battle head to head to impose and inflict their version of the Constitution on the other army.”

. . .

[See Masterpiece Cakeshop v. Colorado Civil Rights Commission, 16-111.]

[See the e-commentary at “Brown:  5 – Plessy:  4 (June 29, 2015)”, “Dividing The Divided Supreme Court In A Divided Country (October 3, 2016)”, “Five Red Rich Republican ‘Catholic’ Corporatist ‘White’ Boys . . . Versus . . .  Four Blue Comfortable Democratic ‘Jewish’ Individualist White ‘Girls’ . . . And All By-Products Of The S.I.C.  (October 2, 2017)”, “The Tsunami Hits Shore (March 24, 2014)”, “The Sea Change Is Now A Tsunami (March 11, 2013)” and other e-commentary under the Categories “First Monday in October” and “War and Wall Street Party”.]

Bumper stickers of the week:

Open to all

Let them eat cake; insist they sell it

It is a cake walk and as easy as pie

Five Red Rich Republican “Catholic” Corporatist “White” Boys . . . Versus . . .  Four Blue Comfortable Democratic “Jewish” Individualist White “Girls” . . . And All By-Products Of The S.I.C.  (October 2, 2017)

Posted in Courts, First Monday In October, Judges, Judicial Arrogance, Judiciary, Justice, Kleptocracy, Law, Schooling Industrial Complex, Supreme Court, Technology on October 2, 2017 by e-commentary.org

. . .

K          “They . . . are . . . back.”

J          “And now a majority does not have our back.”

K          “They are now poised to foist the burdens of existence on the backs of the common man.”

. . .

J          “That is the common thread.  They are all by-products of the S.I.C.”

K          “We need different products, by and by.”

J          “The common thread is that they responded to or rejected the conventional doctrine at the same narrow-minded indoctrinating institutions of the Schooling Industrial Complex (SIC).”

K          “What no one seems to get because no one seems to know and no one seems to care is that scrounging up Supreme Court Justices from the pool of Federal Appellate Court Judges is drawing the worst from the worst.”

J          “I agree.  But no one knows and no one cares.”

. . .

K          “Gorsuch may be a phenotypic Episcopalian, but he is at core a genotypic Catholic.  Thomas acquired deep scars on his journey to ‘Whitehood’ and acceptance and is also a congenital Catholic.  Breyer is intellectually female.  Sotomayor is a secular Jew.  The chasm between the five red rich Republican ‘Catholic’ corporatist ‘white’ boys and the four blue comfortable Democratic ‘Jewish’ individualist white ‘girls’ on the Supreme Court is stark and unprecedented in American history.”

J          “The country believed that it needed to get over and move beyond a debate that arose around Kennedy and his Catholicism that now cannot be raised or even intimated.”

K          “John not Tony.”

J          “John and Tony.  A person simply cannot pledge fealty and loyalty to Rome and to the U.S. Constitution.  Period.”

. . .

K          “To describe it as a war between those who want to ‘Immanentize The Eschaton’ and those who do not want to let others ‘Immanentize The Eschaton’ is too blatant for polite company.  Better to be more discrete and intimate that a group of five is quietly and surreptitiously imposing its religion as the national religion in America.”

J          “What troubles me is that the ‘Immanentize The Eschaton’ wing of the Catholics did not get a foot hold or even one lobbyist on the Court.” 

K          “What if the Court granted the current Pope the right to file an amicus curiae brief in every case?  The current Pope is a member of the ‘Immanentize The Eschaton’ wing.  Would the Supremes be obligated to listen?  To follow without question or hesitation?  That may not be so bad.”

. . .

K          “The Nobel Prize in Medicine and Physiology is to be announced today.  In the next few decades, the person who proves that an individual is born with the ‘I’ Gene or with the ‘We’ Gene may receive a much deserved Nobel.  At heart, 4.5 Justices have the ‘I’ Gene and 4.5 Justices have the ‘We’ Gene.  Kennedy may still have a heart and a soul and a recessive ‘We’ Gene.”

J          “Tony not John.  The helicopter beanie folks are developing AI (Artificial Intelligence).  They may need to develop AI (Artificial Ignorance) to substitute for the poor decisions and worse judgment of the judges and justices in America.  That is more of a challenge than anyone has contemplated.”

K          “A typical judge pays attention to a high profile case, dismisses the other cases and goes home.  The naïve engineers may not recognize that reality and instead create a sophisticated Digital Decision Device (DDD) that marshals the facts, discerns the law, finds truth, and does justice.”

J          “Unprecedented.  One can only hope.”

. . .

K          “The Supremes are deciding whether we live in a democracy or an oligopoly/kleptocracy in the context of a scam named after Governor Gerry.  The majority on the court owes their jobs to a broken political system and is not likely to fix it.”

J          “The privacy issues turn on whether each Justice personally feels threatened by the changes brought by technology not whether the ordinary person is threatened.”           

. . .

K          “The nascent thought is growing that the Supremes lack legitimacy and accountability in America.  Only the power they exercise that derives from the sword and purse maintains their dominion and domination.”

J          “They have transformed into a lobbying institution on First Street rather than on K Street with the disturbing ability to send out storm troopers to enforce their edicts.”

. . .

[See the e-commentary at “The ‘I’ Gene; The ‘We’ Gene:  Searching For The Genie In All Of Us (April 3, 2017)”, “Immanentizing The Eschaton: Your Supreme Court And The Great Religious War (October 7, 2013)”, “Adjunktification” In The S.I.C. (Schooling Industrial Complex) (March 13, 2017)”, “One Gun Per White Adult Male? A Flintlock Musket? The “One Man, One Gun” Decision (October 4, 2010)”, “Are Courts Irrelevant? Are Courts Illegitimate? (October 3, 2011)” and “The Supreme Court – Unrepresentative And Illegitimate: The 33.3 Percent Solution (October 1, 2012) and the “First Monday In October” e-commentary in 2014, 2015 and 2016.]

Bumper stickers of the week:

There is no law; there is only ideology

Fall falling; leaves leaving; winter winning

Dividing The Divided Supreme Court In A Divided Country (October 3, 2016)

Posted in Constitution, Elections, First Monday In October, Immanentizing The Eschaton, Presidency, Supreme Court on October 3, 2016 by e-commentary.org

. . .

K          “Divide the Court.  The Court is already quasi-formally divided, yet they meet in joint session.  The country is already divided.  Formally divide the Court in two.”

J          “So we simply acknowledge the divide in the country and divide the country and the Court in twain.  That is where we are heading.  That is our destiny.” 

K          “There is talk of dividing the Ninth Circuit which, if it is done, is always along geographic lines.  The Supreme Court is divided along easily demarcated ideological lines and adequately defined geographic lines.  The four Red Catholic Republican Institutionalist Boys should propound the law in the Red States.  The four Blue ‘Jewish’ Democratic Individualist ‘Girls’ should propound the law in the Blue States.”

J          “One Great Decision.  Two utopias.  I like it.”

K          “What is truly promising is that neither side would be forced to undertake and endure a great constitutional convention; that prospect is terrifying.  Each team could have a mimeographed copy of the same Constitution.  And then each team could continue to reach opposite results.”

. . .

J          “That would allow everyone in the two Americas to immanentize the Eschaton everywhere at the same time.”

K          “Not exactly.  One team would allow everyone in Blue America to immanentize the Eschaton and the other team would not allow anyone in Red America to immanentize the Eschaton.”

J          “Exactly.  Toward a more perfect division.”

. . .

[See the e-commentary for the last half dozen years in the Category “First Monday In October”, “Boycott Red America (January 3, 2005)”, “Immanentize The Eschaton: Move To Sunny Somalia (December 20, 2010)” and “Immanentize The Eschaton.  Say What? (August 22, 2016).”]

Bumper stickers of the week:

The Election is all about the Court

We are selecting one of the two Courts not one of the two court jesters

With liberty and justice for some

Boys v. Girls / Reds v. Blues / Republicans v. Democrats / Catholics v. Jews / Institutionalists v. Individualists / Don’t Let Others Immanentize The Eschatoners v. Let Others Immanentize The Eschatoners: The Great Divide At The Supreme Court Today (October 5, 2015)

Posted in Capital Punishment, Death Penalty, First Monday In October, Global Climate Change, Global Warming, Hypocrisy, Immanentizing The Eschaton, Law, Religion, Supreme Court on October 5, 2015 by e-commentary.org

. . .

L1          “Breyer is an all-pro guy, but, admit it, he is too smart to be male.  And Sotomayor was born with a plastic spoon in her mouth and is not a sustaining member of the Don’t-Let-Others-Immanentize-The-Eschaton wing of the Catholic church who dominate the Court today.”

L2          “So on one side of the great chasm are the Red Republican Catholic Institutionalist boys (Roberts, Scalia, Alito, Thomas and Kennedy) and on the other side are the Blue Democratic Jewish Individualist girls (Breyer, Ginsberg, Kagan and Sotomayor).  The divide could not be more clean and elegant.”

L1          “Or more stark and cavernous.  The Justices are seated by seniority but now should be seated with an aisle to divide them into two camps.  The sports announcer could chortle:  ‘In this corner, we have the Reds; in this corner, we have the Blues.’”

L2          “That would be way too honest and candid.  The big problem remains the lack of lawyers, leaders and intellectuals on the Court.  The biggest problem is that they are drawn from the worst pool of candidates – judges from the federal appellate courts who are probably the most intellectually dishonest group of lawyers.”

. . .

L1          “They are not listening to the Pope on topics ranging from global climate change to the death penalty, from the death of the planet to the death of the person.”

L2          “Or the Pope’s comments on income inequality.  Roberts and Alito are trying to outdo each other promoting business over the individual and protecting the government from the individual.”

. . .

L1          “Those in the majority claim to be Roman Catholic but do not vote or behave like the majority of Roman Catholics.  They are roman Catholics.”

L2          “Sans serifs.  Depends on the day of the week.  A Catholic on Sunday and a quasi-Catholic on the first Monday in October and thereafter.”

L2          “The opinions of the Pope are what lawyers describe as purely advisory.”

L1          “That independence of thought is not entirely undesirable.”

L2          “Accord.”

. . .

L1          “No more than three Justices from one law school.  No more than three Justices from one religion.  No more than three Justices from the WaNeBos region.”

L2          “If no more than three Justices can be confirmed who believe that we should let others immanentize the Eschaton and no more than three Justices can be confirmed who believe that we should not let others immanentize the Eschaton, how do we fill the other three slots?”

. . .

[See the e-commentary include in the “First Monday In October Series” and see The Paradox Of The Republican Federal Judge: Republican Federal Judge Syndrome (September 23, 2013) and SCOTUS on TV: “They Might Not Be Such Bastards” (March 26, 2012).]

Bumper stickers of the week:

It all comes down to one Red Republican Catholic Institutionalist guy – The Fulcrum

Pray

A Deft Move (October 6, 2014)

Posted in Courts, First Monday In October, Gay Politics, Supreme Court on October 6, 2014 by e-commentary.org

. . .

L1          “They have one of the few jobs that allow one to decide what to do and what not to do.  What to decide and what not to decide.  When to decide and when not to decide.  Why to decide and why not to decide.  The big challenge is to decide who gets to decide.”

L2          “Ecclesiastes in practice.  And it is a part-time job with full-time pay for life.  Sign me up.”

. . .

L1          “By doing nothing, they did not do nothing, they did do something, although they did not do everything.”

L2          “That’s the thing I like about them.  Sign me up.”

L1          “Not a bad compromise.  The four regressive and reactionary corporatists on the right and the four progressive civil libertarians on the left were all jockeying for Kennedy’s nod.  Kennedy supports the freedom to marry, yet there is that concern that he views the marriage thing as a state matter.  So they agreed to dismiss all the petitions for cert. and allow the decisions below to stand and move forward.”

L2          “The issue can continue to percolate in the courts below and in the courts of public opinion around them.  Sign me up.”

L1          “As I see it, the four male Republican Catholic Justices on the right squared off against the four ‘female’ Democratic ‘Jewish’ Justices on the left and all lobbied for the vote of the male Republican Catholic Justice.”

L2          “Hard not to entertain a lingering concern that it is another ‘Justice delayed is justice denied’ scenario.  Justice is being delayed and denied for some to allow the bigger controversy to stew.”

L1          “A good compromise, really.  They are all astute enough to realize that hundreds of thousands of citizens will be getting married in the interim providing more momentum for the freedom to marry.  If one of the remaining three-judge federal Circuit Court panels elects to deny persons the right to marry, the plaintiffs will move for and receive en banc review by the entire Circuit Court that will almost surely side with those upholding equal protection and due process.  Thus, a disagreement between or within the Circuit Courts that typically leads to Supreme Court review will never manifest itself.”

. . .

L1          “Marriage will be a fundamental right shortly.  It is a matter of time.”

L2          “At times, we tell time.  At other times, time tells time.  Always good when time is on your side.”

L1          “Time marches on.  Life goes on.”

. . .

[See the commentary at “The Sea Change Is Now A Tsunami (March 11, 2013)” and “The Tsunami Hits Shore (March 24, 2014)” and other commentary at https://e-commentary.org/category/gay-politics/.%5D

Bumper sticker of the week:

Sign outside the Supreme Court last year during oral argument:  “Supremes: You can hurry love.”