Archive for the Supreme Court Category

They Lied.  With Malice.  Under Oath.  Before The Senate.  In Front Of The American People. (June 27, 2022)

Posted in Abortion, Perjury, Perjury/Dishonesty, Supreme Court on June 27, 2022 by e-commentary.org

. . .

K          “All five of them lied.  And all five are going to get away with the lies.”

J          “All five of them lied.  All five are getting away with the lies.  That is America today.  They knew beyond a shadow of a doubt that getting the job required them to lie to the Senate and the American people and then left them unteathered to decide to the contrary and get away with it.”

. . .

J          “Without the detriment of any formal American legal indoctrination, I regard the opinion issued on Friday written in what was probably a smoke-filled back room as just an opinion . . . that happens to be the wrong opinion.  Everyone is entitled to an opinion.  To gauge their true and binding sentiments, I place stock in what they averred to the Senate and to the entire nation under oath and in public.  In plain English, they backhandedly agreed that Roe v. Wade was settled law, stare decisis is a fundamental principle of American law and a right to privacy exists in the Constitution.  To the extent they were knowingly coy, they were intentionally deceptive.  To discern and divine the true and accurate decision that is to guide the land, you must turn to the statements made under oath to the American people.  Properly analyzed, Roe was upheld by a 9 – 0 vote.”

K          “Logic has no place in the discussion.  What they did was a raw, naked and unvarnished abuse of power.”

. . .

K          “For a decade I have observed that the Supreme Court is not a legitimate institution and as constituted has no legitimate role to play in American law and society.  The humility, integrity and honesty addressed in Federalist No. 78 are not in evidence in the judiciary today.  The Supremes have gone rogue.”

J          “The situation is hopeless.  The Supreme Court has the ability to do physical violence to the citizens of America which is why they are able to do violence to the body politic.”

. . .

K          “The major Democratic politicians do not have the courage or the integrity to impeach them because they do not have courage or integrity.  The Roe issue is also the greatest fund raiser for the DNC machine.  However, lying to Congress is a violation of multiple provisions of Title 18, the federal criminal code.  The Attorney General should present the criminal charges to a grand jury.  That might get some attention.  They may find their lifetime appointment is served in the graybar hotel.”

J          “Not going to happen in America.”  

. . .

K          “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.”

J          “There is no law, there is only ideology.”

. . .

[See the e-commentary at Impeach Kavanaugh, Gorsuch and Barrett . . . For Perjury? For Not Good Behavior? (June 6, 2022) and Law Is Politics ; Politics Is Law (July 7, 2014) and four dozen other e-commentaries over the last two decades.]

Bumper stickers of the week:

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.

Impeach Kavanaugh, Gorsuch and Barrett? For Perjury? For Not Good Behaviour? (June 6, 2022)

Posted in Perjury, Perjury/Dishonesty, Supreme Court on June 6, 2022 by e-commentary.org

[DuckDuckGo is completely blocking www.e-commentary.org.]

. . .

K          “We agree on something!”

J          “You agree with me on something!”

. . .

J          “The lie is the backbone of contemporary civilization.  But lies are costly and inefficient and not good because you know that you still must commit resources – time and money – to discern the truth. ”

K          “Lying is a way of life.”

. . .

J          “Asking a potential justice how he or she might rule in the future is not allowed in our shallow and faux political politeness.  Asking a justice how he or she respects a ruling in the past – a precedent in a system purportedly underpinned by stare decisis and the rule of precedent – is appropriate.  The ambitious potential Justices were asked about Roe v. Wade . . . and appear to have lied to the Senate to get the job.”

K          “The Constitution states that the judicial officers can remain in office for ‘good behaviour’.  It does not state that they can be removed only for bad behavior.  The test is all well and good and places the burden of proof and persuasion on the judge or Justice.  A procedure should be established to require every federal judge to evince to the satisfaction of the public that he or she has exhibited ‘good behavior’ on the bench every four years.” 

. . .

K          “There is no final decision from the Supreme Beings, so as the lawyers would say the issue is not ripe.”

J          “The Democrats are betting on the January 6 hearings to save them this November not a negative response to the likely decision.”

. . .  

[See the e-commentary under the Categories Perjury and Perjury/Dishonesty.]

Bumper stickers of the week:

If it feels good, do it.

“I’m not upset that you lied to me, I’m upset that from now on I can’t believe you.”  Friedrich Nietzsche (?)

First Monday (October 4, 2021)

Posted in Abortion, Civil Rights/Civil Liberties, Covid / Coronavirus, Guns, Supreme Court, Vaccine on October 4, 2021 by e-commentary.org

. . .

K          “They may legislate away Roe v. Wade.”

J          “That’s what judicial legislatures do today.”

. . .

K          “They have now twice avoided opining on vaccine mandates.  One of the pivotal and timely issues of our time obligates the Court to issue a timely opinion.”

J          “They are mandating those in attendance today to wear a mask.”

. . .

K          “And they are gunning to say something on guns.”

J          “They need to allow the right folks to have access to guns and to prevent the wrong fiends from gaining access. ”

. . .

K          “They have narrowed our civil rights here and our civil liberties there.”

J          “They have narrowed our civil liberties here and our civil rights there.”

K          “And we do not see it.”

. . .

K          “They do not seem to realize that their ‘Shadow Docket’ is the new ‘Star Chamber’ of our time.  Now almost everything is done behind the curtain.”

J          “They don’t need to be concerned about public opinion.  They don’t mind to be because they are above the law.”

. . .

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

Bumper stickers of the week:

Equal Justice Under . . . forget it

The First Anniversary Of The Great Barrington Declaration:  [Really] Focused Protection [With Prophylactic Treatments]

Golden Anniversaries Abound: The [Lewis] Powell Memorandum And Attack On America (August 30, 2021)

Posted in Immanentizing The Eschaton, Supreme Court on August 30, 2021 by e-commentary.org

. . .

K          “Okay, so it was fifty years and a week ago.  A lot of stuff happened in 1971.”  

J          “Do even nine folks remember his screed and frontal assault on democracy?”

. . .

K          “Appointments to the Supreme Court have always had an element of partisan politics.  Lewis Powell was a lobbyist for corporatist interests who became one of the first appointments who then served as a lobbyist for corporatist interests while on the bench.” 

J          “The courts from the Supremes on down are falling down and failing we the people.”

. . .

[See “50th Anniversary of Powell Memorandum: Neoliberalism Has Wrecked Its Hosts” in “Naked Capitalism” dated August 23, 2021 and “Greenpeace Analyzes the Lewis Powell Memo: Corporate Blueprint to Dominate Democracy” in “Greenpeace.org” dated September 21, 2011 by Charlie Cray.]

[See the e-commentary under the category “Immanentizing The Eschaton” and “The “I” Gene; The “We” Gene: Searching For The Genie In All Of Us (April 3, 2017)”.]  

Bumper stickers of the week:

Don’t let them immanentize the eschaton.

Let them immanentize the eschaton. 

Le Election: One First Street (November 2, 2020)

Posted in Elections, Supreme Court, Voting on November 2, 2020 by e-commentary.org

. . .

K          “One First Street is my number one concern.”

J          “On the third of November, One First Street is foremost on my mind.  The coup d’état at the Supreme Court was completed a fortnight ago, but we need to keep fighting.  What else do we do.”

. . .

[See the e-commentary at “Suffer Clinton.  The Devil.  We know. (November 7, 2016)” and “Better the crook we know than the crazy man we don’t?  Applying The Conservative Tie Breaker. (June 20, 2016)”.]

Bumper stickers of the week:

“I am endorsing Hillary, and all her lies and all her empty promises.  It’s the second-worst thing that can happen to this country, but she’s way behind in second place.  She’s wrong about absolutely everything, but she’s wrong within normal parameters.”  P.J. O’Rourke

“I am endorsing Joe, and all his lies and all his empty promises.  It’s the second-worst thing . . . .”

“And how many more of these stinking double-downer sideshows will we have to go through before we can get . . . a chance to vote for something, instead of always being faced with that old familiar choice between the lesser of two evils?”  Hunter S. Thompson

I’m (Not Really Totally By Any Means Excited To Be) With Him

When your IQ reaches 50, YOU SHOULD SELL.

First Monday And “Patient One” (October 5, 2020)

Posted in Covid / Coronavirus, First Monday In October, Immanentizing The Eschaton, Presidency, Supreme Court on October 5, 2020 by e-commentary.org

. . .

K          “Are there gradations of illegitimacy?”

J          “Is the Supreme Court just quasi-illegitimate and semi-unrepresentative?”

. . .

K          “I gather that he becomes ‘Patient One’ and gets transported by ‘Marine Corps One’ to ‘Bed One’ for scrutiny by dozens and dozens of doctors.”

J          “Certainly more than one.  If you or I had presented with his symptoms, we would have been sent packing back home thus killing precious time to make a more careful diagnosis and treatment.”

. . .

K          “In the age of vicious irony, her introduction in the Oval Office to the powers that should not be may have turned into a superspreader event.”

J          “Moving from outside in the Rose Garden to inside in the Oval Office may have done it. No is speaking candidly who really knows his condition and the medical cocktail he is consuming.  The age of vicious irony is also the age of calculated ignorance.”

. . .

K          “The Court that may soon have 6.75 Catholics, with 5.75 solidly united in not allowing others to ‘immanentize the eschaton’ and one committed to allowing others to ‘immanentize the eschaton’ in this life.”

J          “And two other souls who also want others to be able to ‘immanentize the eschaton’ in this life.  The Court theoretically could be more unrepresentative but not much more unrepresentative.”

. . .

K          “What so many good folks fail to realize is that Trumpi is effectively packing the Court for the corporations.  A Court that went from the ‘Kennedy Court’ for years to the Roberts Court’ for months is now becoming the ‘Trumpi Court’ for decades with his three picks in three years.”

J          “A Court named not after a justice but someone outside the Court who was always outside the law.  Trumpi aspired successfully to achieve injustice by breaking the law in a legal system that allows the rich to break the law.”

. . .

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

K          “If the opportunity presents, we the unrepresented pack should seriously consider packing the court and sending them packing.  Try to bring that topic up with others and you quickly discover that most folk’s Overton Window is the size of a side door peep hole.”

J          “Roberts sealed the front doors of the Court for the little people years ago and Trump is nailing them shut for two generations.”

K          “RBG opened doors for women and girls.  ACB will close doors for women and girls.”

. . .

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

Bumper sticker of the week:

RBG opened doors for women and girls.  ACB will close doors for women and girls.

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