Archive for the Supreme Court Category

Does Any Institution In America Function? Oh, And Happy Friday The 13th! (December 9, 2019)

Posted in Academia, Banks and Banking System, Congress, Democrats, Federal Courts, Federal Reserve, Institutions, Jurisprudence Award, Kleptocracy, Law, Medicine, MIC, MICAC, Military, MSM, Noble Prize in Jurisprudence, Pushitzer, Pushitzer Prize In Commentary, Republicans, Supreme Court on December 9, 2019 by e-commentary.org

. . .

J          “I need one more day.”

. . .

K          “You don’t have to name three, just nominate one.”

J          “One institution after the other after the other after the other after the other after the other after the other has failed and continues to fail.  And that is even after lowering the standards to the point that the bar is on the floor.  One more day, I need.”

. . .

K          “The legal system at every level is a fraud and a racket.  We live in a country with many, many, many rules and many, many, many laws, but we do not live in a country that believes in or adheres to the rule of law.  There is no law, there is only ideology.”

J          “The medical and health care / sick careless system is a racket and a fraud.  I drive by the health insurance company skyscraper and reflect that not one person in the monolith has ever applied a band aid to a patient.  There is no care, there is only profitability.”

. . .

K          “The economic system is rigged at every step and turn to loot every last dollar from the people for the benefit of the Kleptocrats.  What is the end game for the expendable consumers who soon will have nothing left to bleed?”

J          “The MSM media is a wholly owned subsidiary of the Kleptocrats.  The message is tightly controlled by obedient droves of stenographers.  As a first step, everyone should skip ‘The Wall Street Journal’ and jump over to ‘Wall Street On Parade’ produced by Pam Martens and Russ Martens.”

K          “Academia is a substantially owned subsidiary of the Kleptocrats.  The message on the critical issues is also controlled and shaped by the corporate sponsors.  The campus buildings are all named for brigands; their kids and grandkids are admitted to skip the classes conducted in the namesake halls.  The hallowed halls are hollow holes.  The MIC is now expanded to include Congress and Academia in the MICAC.”

. . .

K          “Every agency from the Federal Aviation Administration (FAA) to the Federal Maritime Commission (FMC) – in the air and on the sea – is corrupt and incompetent.  Regulatory capture exists at just about every regulatory agency.”

J          “Furlough the ‘L’ out of the Bureau of Labor Statistics (B“L”S).  To determine the real rates of unemployment, a citizen must search in the shadows at “Shadow Government Statistics” prepared and analyzed by the dedicated and informed John Williams.”

K          “And then there is the Federal Reserve.  Probably no other institution, less one and perhaps two, has inflicted more grief and despair on the ordinary citizen with less publicity and notoriety than the Federal Reserve.”

J          “And related agencies such as the Securities And Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Federal Deposit Insurance Corporation (FDIC) are pernicious because they fool the citizen into believing that someone is watching out for him or her.”

K          “And the Department of Defense (DoD) exists primarily to spend money, drop bombs, and kill people but not to provide for the common defense.”

. . .

J          “The CIA and the FBI are a threat to every citizen at home and abroad and now may be affiliated with and advancing the interests of one political party.”

K          “The police in every burg and borough are paramilitary forces occupying the city and the county and the country.  Very few understand that the real Occupy movement in America grinds on.”

. . .

K          “Even many of the vaunted NGOs (Non-Governmental Organizations) surreptitiously serve the government’s interests.  The  Organisation for the Prohibition of Chemical Weapons (OPCW) is a front for the MICAC and shielded by the MSM that advances the propaganda.”

. . .

J          “Local EMTs and fire departments are generally contributing to the public good.”

. . .

J          “The National Credit Union Administration (NCUA) is a credit worthy institution administering its duties dutifully.”

K          “Despite unrelenting opposition from the White House, Republicans and industry, the Environmental Protection Agency (EPA) is doing what it can to reduce the plundering and the pummeling of the Planet.” 

. . .

K          “The ACLU is fighting the good fight.”

J          “Planned Parenthood is improving our plight.”

. . .

[See “Journalist:  Newsweek Suppressed OPCW Scandal And Threatened Me With Legal Action” and other articles in “caitlinjohnstone.com” by Caitlin Johnstone, the 2019 recipient of the Pushitzer Prize In Commentary, dated December 8, 2019 and the discussion of e-con-omics in “Against Economics” in “The New York Review of Books” by David Graeber dated December 5, 2019.]

[See the e-commentary at “Here Comes Da Judge; Dere Goes Da Justice (August 31, 2015)”, “The FBI File:  The American Imprimatur Of Success (January 18, 2016)”, “Suing Law Schools; Suing Gun Makers.  Oh, And Happy Law Day! (April 30, 2018)” and “Clinton, Inc., Trump, Inc., Bush, Inc., Kennedy, Inc., O’Bama, Inc. (October 24, 2016)”.]

Bumper stickers of the week:

“Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.”  Eric Hoffer

America is a racket not a republic.

“If the misery of the poor not be caused by the laws of nature, but by our institutions, great is our sin.”  Charles Darwin 

There is nothing you can do to make any material change of any kind in any way today.

“Start where you are.  Use what you have.  Do what you can.”  Arthur Ashe

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.”

Reparations.  Universal Basic Income (UBI).  Oh, And Happy May Day And World Press Freedom Day! (April 29, 2019)

Posted in Affirmative Action, Civil War, Class, Race, Reparations, Supreme Court, Universal Basic Income (UBI) on April 29, 2019 by e-commentary.org

. . .

K          “In the land of the red, white and blue that purports to cherish ‘life’, ‘liberty’ and ‘property’, the White man arrived and confiscated the property of the Red man and often took his life and curtailed his liberty and transported the Black man to work the purloined property and violated his life and his liberty and his property interests.  And hers.”

J          “And then doubled down and did the same thing to the Brown man and the Yellow man.  And woman.”

. . .

J          “Let’s borrow from the Great Declaration and include ‘the pursuit of happiness’ and from the French and admix ‘liberté’ and ‘égalité’ and ‘fraternité’ into the formula.”

. . .

J          “No one doubts that the promise of ‘forty acres and a mule’ descended and degenerated into the ‘Great Hundred Year War of Terror in America’ directed and orchestrated by almost every public and private institution in both the South and the North against anyone Black from 1865 to 1965.  Even today there is only an unstable modus vivendi regularly under attack.”

. . .

K          “The fundamental problem is that the victims are not alive and the oppressors are not alive.  Society is not well served by anointing someone who is not an individual victim with official individual victimhood status and accusing someone who is not an individual oppressor with official individual oppressorhood status.  The wrong solution to a very real and very deep and very sustained problem is not the right solution.”

. . .

K          “No public commentator to date has fleshed out the process and mechanics of establishing and implementing the Great Divide/Schism in America.  Would the government establish a cabinet-level Department of Reparations?  Would there be one unit of reparations paid to someone who proves that he or she is Black or Brown or Red on both sides of the family?  Would the amount be reduced if the individual’s family came to America after 1907 or 1865 or 1932 or some other randomly selected date?”

J          “And what about Barack O’Bama?  There you have the intersection of race and class and income.”

K          “Right.  Would he only get a half unit?  Would Barack O’Bama’s half unit be reduced because his father came to America after 1907 or 1865 or 1932?  Or his mother’s family?  Would the reparations payments be taxed or tax free?  Would the reparations payments be paid out of the general fund or by a separate reparations tax on Whites?  Would Whites be exempt from the reparations tax if they could prove that their family came to America after 1907 or 1865 or 1932?  Would Barack O’Bama remit a half unit of reparations tax to the reparations fund because he is half White and receive a half unit of reparations payments because he is half Black?” 

J          “The tax and the payment could be offsetting.”

K          “Would there be ‘means testing’ so that a successful half Black neurosurgeon does not receive any reparations payment.  Because of her income, would she pay taxes to the reparations fund?  It goes on and on and on.  Each one of these divisions creates another divide.” 

J          “O’Bama should get another half unit because the other half of his family is Irish.  The Irish were oppressed and ostracized upon arrival.  But they were White and thus much, much more readily accepted by and assimilated into White society.”

K          “Much, much, much more readily.  The ‘Plessy Ferguson Reparations Bill’ is not the way to challenge and address what is going on in Plano and Ferguson.  There is no single piece of legislation that could further divide this country in twain than a piece of legislation that further divides this country into two groups that are expressly separate and unequal.”

. . .

K          “The prejudice is on a group level and must be challenged on a group level.  Start by releasing every other Black and Brown and Red and Yellow prisoner from the American Prison Gulag who is likely in prison simply for being Black or Brown or Red or Yellow.  Extend the statute of limitations on affirmative action another fifty years or pick a specific ending date such as 2065.”

J          “If the ‘Great Hundred Year War of Terror in America’ is said to have reached a de jure end with the passage of the Voting Rights Act in 1965, something is going to have to be done to furlough the five lobbyists on the Supreme Court who have unilaterally abrogated the modus vivendi.  In the end, if you want a good and great society, place a few coins in every pocket and a few ideas in every head.”

. . .

J          “Go big.  My thought is to institute a Universal Basic Income (UBI).  Far too many people in America of all shades are suffering the effects of systematic and institutional economic terrorism.  The country is pursuing a War on Terror.  The War on Terror should be refocused and redirected at the many millions of Americans who suffer the terror of not knowing whether they will have a meal in their belly or a roof over their head.  The cost is insignificant and inconsequential because there is no cost too great to fight and win the War of Terror.”

K          “I still have a fundamental problem giving folks money simply for existing.”

. . .

[See the e-commentary at “The Great National Dissolution:  Resolving The Great Civil War (April 18, 2011)”, “Watertown?  Ferguson?  Your Town?  Your Son?  Will They Allow It In Laramie? (August 11, 2014)”, “The Conservative Solution To Affirmative Action (October 15, 2012)”, “Race and Class And Crime: Jail White People.  Oh, And Happy Martin Luther King Day! (January 15, 2018)” and “Columbus And The Redskins (October 14, 2013)” and a dozen other e-commentaries.]

Bumper stickers of the week:

Think big, think long

May 3 – World Press Freedom Day

Forfeiting Forfeiture (March 4, 2019)

Posted in Constitution, Drugs, Eighth Amendment, Forfeiture, Fourteenth Amendment, Kleptocracy, Supreme Court on March 4, 2019 by e-commentary.org

. . .

K          “In one case, the police had absolutely no interest in arresting the criminal activity and instead focused all their efforts on stealing an apartment building from a widow on the grounds that she should have known that there was drug activity in an apartment.  The widow alerted the police because of concerns that there appeared to be drug activity in some apartment.  The police alleged that privacy concerns purportedly prevented them from sharing any information that would have allowed her to identify and evict the allegedly offending tenant.  The police pulled off the scam and used the forfeiture laws to steal and sell the apartment building for their own profit.  Unreal.”

J          “How about a memorandum of understanding among multiple police agencies providing that the first member of a department to touch the airplane carrying the drugs would get the airplane in the forfeiture action.  When the word went out over the radio to make the bust, each department dispatched its fastest sprinter to fly across the tarmac to make first contact with the aircraft.  Surreal.”

K          “When you dwell in a Kleptocracy, you should expect kleptocratic behavior at every level.  Real.”

. . .  

K          “The people really did win.”

J          “The government really did not lose.”

K          “The Constitution really did win.”

. . .

[See “Supreme Court Limits Police Power to Seize Private Property” in “The New York Times” by Adam Liptak and Shaila Dewan dated February 20, 2019.]   

[See the e-commentary at “Police Police (November 24, 2014)”.]

Bumper stickers of the week:

Police Police  [But do not stick on your bumper!]        

Support your local police  [Aspirational!]

Happy International Women’s Day

The “Great American Race (‘GAR’)” Is Off.  Political Gerrymandering:  Courting The Problem (January 7, 2019)

Posted in Elections, Gerrymandering, Politics, Supreme Court, Voting, War and Wall Street Party on January 7, 2019 by e-commentary.org

. . .

K          “The Great American Race (‘GAR’) begins in earnest this month.  America consigns two years to select its Great Kahuna whereas Australia only devotes a more reasonable two months.”

J          “And the race is rigged at every turn and twist on the track.  Some candidates such as Bernie in 2016 find that the ‘D’ division of the ‘War and Wall Street Party’ itself operates a rigged preliminary heat.  Many citizens are forced to drive a long distance to get to the betting window and/or are required to stand in a long line.  Some citizens do not even get to bet on a horse at all.  The Great Voting Gauntlet (‘GVG’) dissuades and discourages many citizens.”

K          “The Great American Race (‘GAR’) is also the Great American Crime (‘GAC’).”  

J          “Do the GAR and the GAC add up to the GAG (‘Great American Game’)?”   

. . . 

J          “The Supreme Court agreed last Friday to take up some of the unresolved questions regarding partisan gerrymandering.  The two cases consider rulings involving maps in North Carolina and Maryland drawn by Republicans and Democrats, respectively, so extreme that the lower courts say they violated the rights of voters.”

K          “Perhaps we are off and running.”

J          “Or on and stopping.”

. . .

K          “The way I see it, the courts are the people’s second to the last resort before the people resort to the streets.  If the Court abdicates its duty to address the matter with ballots, the people will at some time address the matter with bullets.  The Executive branch is effete and enervated yet admittedly still too powerful.  The Legislative branch is a product and a by-product of the problem.  The answers are not easy or elegant.  Failure to address the problem and provide a partial answer is a complete failure and capitulation.  The suite or the street, that is the question.”

J          The way I see it, the courts are the people’s second to the last resort before the people resort to the streets.  If the Court abdicates its duty to address the matter with ballots, the people will at some time address the matter with bullets.  The Executive branch is effete and enervated yet admittedly still too powerful.  The Legislative branch is a product and a by-product of the problem.  The answers are not easy or elegant.  Failure to address the problem and provide a partial answer is a complete failure and capitulation.  The suite or the street, that is the question.”

. . .   

K          “The Court of last resort may be the court of second to the last resort.”

J          “Unless the populace just does not care or does not understand.” 

. . .  

[See the e-commentary at “Partisan Gerrymandering:  From Ballots To Bullets?  Oh, And Happy National Voter Registration Day! (September 24, 2018)” and “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)”.]

Bumper stickers of the week:

Election Day should be a national holiday

The suite or the street, that is the question.

GAR + GAC = GAG

Third Annual Noble Prize In Jurisprudence (October 15, 2018)

Posted in Noble Prize in Jurisprudence, Supreme Court on October 15, 2018 by e-commentary.org

. . .

K          “A prize dedicated to acknowledging and celebrating the work of someone who or some organization that really knows something about jurisprudence and the impact of courts, judges, lawyers and police on the lives and livelihood of ordinary citizens.  Someone who lives the conviction that men and women should establish and respect some norms and standards that are promulgated clearly to all and enforced equally in favor of and against all.”

J          “Someone who advances the Rule of Law and stuff like that.  I like it.  The law schools are vacant deserts of inbreeding and infighting that gestate little legal gamesters.  But they do surprise and do apparently house two dozen hundred (2400) courageous professors willing to take a public stand against an unqualified individual nominated for the Supreme Court.  And yet the bench remains a magnet for wankers who played the legal game profitably and perpetuate the game for the benefit of the judges and a few lawyers.  Is anyone qualified in America?  Is someone outside American eligible?  Give the nod again to another underappreciated and overworked public defender who somehow managed to make a difference and call it good.”

K          “We should.  Remember that they were included in the group of individuals who received the award two years ago.  The recipient of the third annual Noble Prize In Jurisprudence . . . is another group . . . you got it . . . the cohort of courageous law professors willing to take a public stand against an unqualified individual nominated for the Supreme Court.  Many of them hail from the corporatist law factories such as Yale, Harvard, Chicago and Virginia and may have jeopardized their careers by taking a stand.”

. . .

[See the e-commentary at “Second Annual Noble Prize In Jurisprudence (October 16, 2017)”, “First Annual Noble Prize In Jurisprudence (October 17, 2016)” and “Award Deadlines (Livelines?) (July 25, 2016)”.]

Bumper sticker of the week:

e-mail to a group who shared their concerns with Senator Murky about the nomination of Brett Kavanaugh written after she failed to vote “no” despite expressing some reservations:

Were we played?  Were we conned?  Were we duped?  Were we punked?  Were we chumped?

Someone said weeks ago that the only certainty in the confirmation process is that BK will be confirmed at the end of the process.  Everything else is just staged theater.  One thing and only one thing mattered to me – did Murkowtowski vote “no” on the nomination? 

Someone asked yesterday and someone else contended today that everything was just a staged show.  A comment from someone still haunts me:

          I don’t give Murkowski any credit either – she got the greenlight from her leadership to vote “no” only after it became clear that Manchin would nullify her vote.

          Collins and Flake played their usual coy act then voted straight party line as always.  Collins undoubtedly received sufficient promise of support in her next election or some other incentive, and Flake was voting for his post-office employment in the right-wing lobbying/consulting/think tank world.

In one of my seven substantive letters to her (often copied to Collins and Sullivan), the letter on August 18 concluded with a challenge:

          A few years ago, the original vote card tallying the Senate vote on the Gulf of Tonkin Resolution that passed in 1964 was displayed at a National Archives exhibit down the street from your shop.  For all time, there are check marks under “No” next to Ernest Gruening’s name and next to Wayne Morse’s name. 

Flake is as advertised.  Murkowski and Collins elected to fail.  So much for electing more women in politics and expecting a positive difference.  Same new same new.  We cannot fail not to elect them in the next go round.

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