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Murthy v. Missouri:  AMA v. AAPS; Flaccid Amendment v. First Amendment.  The Speakers’ Corner And The Public Square. (March 18, 2024)

Posted in Censorship, First Amendment, Journalism, Supreme Court on March 18, 2024 by e-commentary.org

. . .

J          “The American Medical Association (AMA) provides the soundest diagnosis and prescription.”

K          “The Association of American Physicians and Surgeons (AAPS) provides the soundest diagnosis and prescription.”

. . .

J          “In brief, the AMA encourages the dissemination of accurate information and enforces the censorship of misinformation and disinformation.”

K          “In brief, the AAPS promotes the First Amendment and protects free speech.”

. . .

[See the discussion “AMA? BITFD!” by Ben Hunt in “Epsilon Theory” dated November 24, 2020.  (“I thought I was immune to being shocked by corporate mendacity and greed.  Then I started digging into the AMA.”)  See “Technocensorship: When Corporations Serve As a Front for Government Censors” by John Whitehead, the recipient of the Second Annual Noble Prize In Jurisprudence (October 16, 2017), and Nisha Whitehead at The Rutherford Institute dated February 27, 2024.  Their amicus brief is more poetry than prosaic turgid legal prose.  (“The facts of this case are positively Orwellian.”]

[See the e-commentary at Graduation Advice:  Find The First Amendment (May 15, 2023).]

Bumper stickers of the week:

The Supreme Court hears oral argument in Murthy v. Missouri this morning.

Questions presented: (1) Whether respondents have Article III standing; (2) Whether the government’s challenged conduct transformed private social-media companies’ content-moderation decisions into state action and violated respondents’ First Amendment rights; and (3) Whether the terms and breadth of the preliminary injunction are proper.

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Supreme Court:  K:  “Right!”  J:  “Wrong!” (March 4, 2024)

Posted in Constitution, Law, Supreme Court, Trumpi on March 4, 2024 by e-commentary.org

. . .

J          “Wrong.  Period.”

K          “Right.  Full Stop.”

. . .

K          “The Constitution says ‘We the People of the United States’ not ‘I a sniveling petty night traffic court judge in a backwater jurisdiction of the United States who despises Trumpi and will do anything and everything to defeat him’.  Every person is entitled to due process and a fair and objective hearing in the proper jurisdiction applying applicable law.”

J          “We live in a federalist system that allows and requires the states to act at the right time and in the right circumstance.  The state of Colorado acting through its judicial branch acted properly and commendably.” 

. . .

K          “If there were three more of what I refer to as ‘individualist’ judges – although that term is now incomplete and inadequate – the decision likely would have been 12 – 0.”

J          “Time to appoint non-lawyers to the Court.”

. . .

K          “Was it really a 5 – 4 decision?  When I awake at 0400 hours, I will parse the decision a few more times.  Did Roberts, Thomas, Gorsuch, Alito and Kavanaugh affirmatively rule that Congress has the sole power to enforce the ‘Insurrection’ provision?”

J          “Another thing to worry about at four a.m.  That may be the ‘take home message’ and consequence.”

. . .

K          “The country is coming apart.  The world is ready to explode.  We may not see opening day of grayling season.  The decision has the added virtue of being profoundly restrained and responsible.”

J          “The person dividing the country is now free to continue dividing the country.  He is unrestrained and irresponsible.”   

. . .

K          “I will never again be able to condemn the Supreme Court unconditionally.”   

J          “I dissent.  I am currently and will remain disgusted by their abdication.”

. . .

J          “You’re not getting weak on me?”

K          “Still despise him.  When he emerged, Trumpi was really the ‘symptom’ not the ‘Big Problem’ in the country.  However, now he has metastasized into another ‘Problem’ that plagues the country.”

. . .

[See the e-commentary at Weaponizing The Judiciary: Democratic Prosecutors + Democratic Judges; Republican Prosecutors + Republican Judges:  Bad Math, Very Bad Math (December 4, 2023).  See the two discussions on J6 at January 6:  The Country Needs An Impartial And Objective Inquiry (January 8, 2024) and three years earlier at  On Riots And Rampages (January 11, 2021).]

Bumper stickers of the week:

“Law” and “War” are almost anagrams and read together (Lawwar) are almost palindromes.  

Lawfare = Law + (war)fare.  Very bad idea

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The Government Stumbles; The Judicial Legislature Rumbles (October 2, 2023)

Posted in First Monday In October, Supreme Court on October 2, 2023 by e-commentary.org

. . .

J          “Congress managed to stay open for business for a few more weeks.  The Supreme Court Legislature is open for business for a few more months.”

K          “Hold your hats.  Try to hold onto your civil liberties.”

. . .

J          “They legislated their views on abortion.  They legislated their views on affirmative action.  They legislated their views on political gerrymandering.  They are the most activist unelected legislature in the world.”

K          “In a facetious moment, you could say that they get things done.  They get done the things they want to get done.”

. . .

K          “I lament that America is a land of ‘consumers’ not ‘citizens’ and yet must support the continued existence of the Consumer Protection Financial Bureau.”

J          “What about the Citizen Protection Financial Bureau?”  

. . .

J          “I think I understand the role and even the necessity of ‘Chevron deference’ to agency action in our political system.  I suspect that the putatively judicial branch is going to change the rules so that the actions of an executive branch agency are subject the legislative review by the Supreme Court legislature.”

K          “I have seen so many agencies fail and then the court defer to the failed agencies and thus the system fails again.  Time and time and time and time again.”

. .  .

J          “There is a case to be heard next month that could preclude domestic abusers and violent felons from possessing a gun.  Seems profoundly sound to me.”

K          “Me too.”

. . .

K          “I have said it before.  The Supreme Court as currently constituted is an illegitimate institution.”

. . .

[See the e-commentary at the Category Supreme Court.]

Bumper sticker of the week:

There is no law.  There is only ideology.

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The Elections Clause And The Independent State Legislature Theory Confront Sound Logic And Settled Practice (December 12, 2022)

Posted in Constitution, Elections, First Amendment, Sports, Supreme Court on December 12, 2022 by e-commentary.org

. . .

J          “I had the good fortune to listen to the debate from the perspective of someone who has not been inside an American law school.  As I recall from inside an American high school, Federalist Paper Number 78 courtesy of Alexander Hamilton discusses the role, albeit limited, of the judiciary.   Fourteen years after the drafting of the Constitution in 1789, the Supreme Court in 1803 in Marbury v. Madison advanced a doctrine of robust judicial review.  The federal courts have the solemn task of determining whether acts are constitutional and what must be done if acts are contrary to the Constitution.  Even a hard-core Originalist who looks only at the text of the Constitution, the Federalist Papers and possibly other then contemporary publications does not dispute that robust judicial review is part of the settled analytical framework of the Constitution.  The Elections Clause language vests the decision in the state legislatures.  The Petitioners argue that the analysis stops there.  However, the Elections Clause language does not preclude judicial review by any court.  In addition, the analytical framework of the United States Constitution includes robust judicial review as a matter of settled practice in the Republic.  Nothing in the Elections Clause precludes a state supreme court from following the same analytical framework allowing for robust judicial review of the state’s legislative action.  The Petitioners sought . . . judicial review by the United States Supreme Court of the North Carolina Supreme Court’s . . . judicial review of actions taken by the North Carolina legislature.  Petitioners did not challenge the actual decision of the North Carolina Supreme Court, only the decision to decide.  Dismiss the petition as contrary to the text, logic, structure and history of the Clause and the Constitution, I say.”

K          “I had the good fortune to attend the show in person and from the perspective of someone who kept everything in perspective while in an American law school.  That is also my take.  The specific provision is neither incomplete nor unartfully drafted.  It says what it says on the topic but need not and does not need to say anything more.  John Marshall’s statue dominates the inside of the Court.  Any true conservative would affirm his great contribution to the development of the American court system.  The acts by state legislatures pursuant to the Clause are subject to state judicial review.”      

. . .

K          “Nice to be agreeing on something again.”

J          “I am pleased you see it my way.”

. . .

[See the e-commentary involving the goal of the Beautiful Game discussed at Expanding The Goal In Soccer (July 18, 2022).]

Bumper stickers of the week:

Beau jeu

The Twitter Files Are The Pentagon Papers Of Today

Moore v. Harper:  Say what?

Free Assange

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The U.S. Declares War On Germany, Europe, Russia And The Free World . . . Bank Of England Flops Then Flips . . . And The Supreme Beings Saunter Into Town (October 3, 2022)

Posted in First Monday In October, Pensions, Rule of Law, Russia, Supreme Court, War on October 3, 2022 by e-commentary.org

. . .

J          “Just when I thought it was safe to exist.”

K          “Just when I thought I could rake a few leaves in peace.”

. . .

K          “The U.S. bombed or caused to be bombed or allowed to be bombed the Nord Stream Pipelines.  That is an act of war against Germany and Russia and the world.  But the U.S. does not adhere to international law.  A NATO country attacked a NATO country.  What do they do with Article 5?”

J          “The U.S. bombed or caused to be bombed or allowed to be bombed the Nord Stream Pipelines.  We agree.  Nothing big goes on here on Plant Earth without Uncle Sam making the decision or at least approving it.  The decision will be seen to be unwise.”   

. . .

K          “When former spook and torture monger John Brennan went on CNN to proclaim that Russia bombed itself, I knew beyond a reasonable doubt that the U.S. was in front of or at least behind the pipeline terrorism.”

. . .

K          “Late last week, some major over-leveraged British pension plans started to wobble which forced a diametric change in BoE policy within a few hours.”

J          “Those pesky ‘gilts’ misbehaving again.”

. . .

J          “And today the gang is collecting at the ‘judicial legislature’ on First First Street to impose their religion and ideology on the populace.”

K          “The Democrats are doing nothing to counterbalance the crusading Corporatists on the Court except bombarding me with e-mails demanding money and promising to do something about the Court.”

. . .

[See e-commentary.]

Bumper stickers of the week:

Remember The Nord Stream!

Bombs away

There is no law, there is only ideology

The real the purpose of NATO is to keep the “Russians out, Americans in, Germans down”.   British General Hasting Ismay

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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.

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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 (?)

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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]

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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. 

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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.

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