Archive for the Supreme Court Category

Alex J. / J. Assange And The First Amendment (August 13, 2018)

Posted in Supreme Court, First Amendment, On [Traits/Characteristics], Antitrust, Perjury/Dishonesty, Facebook, Google, Monopoly, Awards / Incentives, Courage, Apple on August 13, 2018 by e-commentary.org

. . .

K          “I don’t think I would like him.”

J          “Me neither.”

. . .

J          “Which is, of course, the point.  Reflect on the principle not on the principal.  The Supreme Court looks at the principal not at the principle.”

K          “That is the Supreme Court for you.”

J          “For me?  Not for me.  You take ‘em.”

. . .

K          “Google, YouTube, Facebook, Apple and Spotify are imposing various levels of censorship.  Each is a monopoly in its own sphere and is, in practice and effect, a utility and a powerful government.”

J          “The First Amendment does not protect free speech directly but rather is a limitation on government interference with free speech.  Governments such as Google, YouTube, Facebook, Apple and Spotify should not be allowed to interfere with free speech.”

J          “Governments should interfere with and regulate monopolies.  However that is impossible when the monopolies are the government or at least own and operate the government.”    

. . .

K          “Free speech for Alex Jones!”

J          “Freedom for Julian Assange!”

. . .

[See the e-commentary at “Hero or Traitor? (June 10, 2013)”, “Third Annual ‘Cameo In Courage’ Award For 2018 (April 9, 2018)”, “Second Annual ‘Cameo In Courage’ Award For 2017 (March 6, 2017)”, “First Annual ‘Cameo In Courage’ Award For 2016 (May 9, 2016)”, “Award Deadlines (Livelines?) (July 25, 2016)”, “Profile In Cowardice Award (May 12, 2014)”, “Profile In Courage Award, 2015 (May 11, 2015)”, “Chelsea And Ed:  Time For ‘Con’ ‘dign’ Treatment (November 30, 2015)” and “On Courage and Truth (March 17, 2008)”.]

Bumper stickers of the week: 

Free speech for Alex Jones!

Freedom for Julian Assange!

(Unedited) petition circulating on the Internets; edit as appropriate or better yet use your own words and express your own concerns:

A Petition to the President of the United States:  Pardon Julian Assange

Whereas Journalist Julian Assange and his media organization, Wikileaks, has in the respected tradition of American journalism obtained and published information that is classified and newsworthy, a practice shared with the Washington Post, New York Times, Wall Street Journal and others and

Whereas in the eleven years of its existence the authenticity and accuracy of materials published by Wikileaks has never been questioned or disputes and

Whereas the material regarding Hillary Clinton and the Democratic National Committee published by Wikileaks served the national interest by exposing the corruption of the Clintons, the Clinton Foundation, the Clinton campaign and the Obama Justice Department and

Whereas assertion by the American Intelligence Services that Julian Assange is the agent of a “Hostile Foreign State” or the Russian government are politically suspect and completely unproven and denied by Assange and

Whereas Julian Assange has consistently denied that material obtained from the Democratic National Committee and published by Wikileaks came from the Russian State and has repeatedly offered to prove this for US authorities and

Whereas Assange, now in failing health, has been a veritable prisoner in the Ecuadorian Embassy in London for six years, with the media now reporting Ecuador is preparing to hand Assange over to British authorities who will presumably extradite Assange to the United States for trial and

Whereas Julian Assange is an impeccably-honest, incredibly-brave, humanitarian journalist, who provides an invaluable platform for whistleblowers exposing corruption and criminality infesting governments, nullifying democracy and obliterating human rights, around the world and

Whereas there are absolutely no legitimate legal grounds to prosecute Assange and, as the U.S. DOJ admitted in 2013, that doing so would expose ALL U.S. journalistic and news outlets to similar criminal jeopardy.

Therefore Urge President Donald J. Trump to issue a full and unconditional pardon to the journalist Julian Assange in the interests of both justice and mercy.

Is Kavanaugh Qualified? (July 30, 2018)

Posted in Supreme Court on July 30, 2018 by e-commentary.org

. . .

K          “No way.”

J          “Nope.”

. . .

[See the e-commentary at “Picking the Supreme Beings (May 4, 2009)” and “The Supreme Court – Unrepresentative and Illegitimate: The 33.3 Percent Solution (October 1, 2012)”.]

Bumper sticker of the week:

“And the usual other traits that one rarely finds.  Intelligence, tutored intelligence, emotional intelligence, intellectual integrity, integrity, character, grit, courage, wisdom, humility, perspective, life experience, etc., etc., etc.”

Concerns, Troubling (July 9, 2018)

Posted in Civil Rights/Civil Liberties, Debt/Deficits, Freedom / Liberty, Money, Price, Society, Supreme Court on July 9, 2018 by e-commentary.org

. . .

K          “Decreasing velocity of money.”

J          “Increasing inequality.”

K          “Inverting yield curves.”

J          “Perverting civil liberties.”

K          “Distending price-earnings ratios.”

J          “Exploding national deficit.”

K          “Imploding institutions.”

J          “Exploding personal debt.”

K          “Collapsing trust.”

J          “Decreasing freedoms.”

K          “Increasing prices.”

J          “Deflating credibility.”

K          “Disturbing climate patterns.”

J          “Destroying the [Supreme] Court.”

. . .

[See the e-commentary at “Amtrak – The (Rail) Road to National Security (January 23, 2006)”, “Humanity’s Motto:  To Enslave And To Colonize (January 27, 2014)”, “Twenty Sixteen (January 4, 2016)” and “Prepping:  Public and Private Perspectives (April 27, 2015)”.]

Bumper sticker of the week:

A system that cannot go on forever will not go on forever

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

Title III –> Chapter 17:  Bankrupt States . . . Going Bankrupt (May 1, 2017)

Posted in Bankruptcy, Blue States / Red States, Canada, Cartoon Reference, Climate, Global Climate Change, Global Warming, Kleptocracy, Pensions, Supreme Court on May 1, 2017 by e-commentary.org

. . .

K          “Who thought the bricks would crumble.  The fifty brick house may not survive politically and will not endure economically.”

J          “The state of the states is dismal and abysmal.  When municipalities fold or water districts dry up, some interior curtain walls are dismantled and the curtains and furniture are sold.  Yet they are all just political subdivisions of the state, not a state itself.  Until recently, interior curtain walls were relieved whereas now the exterior load bearing walls are under stress.”

K          “Pick a metric.  If you input a realistic rate of return in calculating the solvency of state pension funds, most of them are not only under water, they are drowned with no chance of resuscitation or c.p.r.”

. . .

K          “Puerto Rico is the canary in the coal mine, the guinea pig and the alpha testing ground.  Congress concocted Title III’ as part of the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA) that imports many of the notions of bankruptcy law to address the island’s insolvency.”

J          “Up north, the HealthCare of Ontario Pension Fund directed funds it may not have to bail out the Toronto-based Home Capital Group for investments it never should have made.”

K          “That seems to be some type of capitalistic synergistic entropy.”

. . .

K          “On this Law Day, we should consider drafting and crafting a ‘Chapter 17’ provision to allow a state to file bankruptcy and write the next chapter in the Bankruptcy Code and American polity.  A PROMESA on steroids for the states.”

J          “The legislation may attract bipartisan support because half of the seriously distressed states are ‘red’ states and half of the seriously depressed states are ‘blue’ states.”

K          “Alaska, Kentucky, South Carolina and Louisiana counterbalance Illinois, Connecticut, New Jersey and New York among the states that are going.  Going states need some way to go.”

. . .

K          “State supreme court justices use their position and power to advance their economic interests and protect their pensions.  In the court across the street, federal bankruptcy court judges will be forced to distribute a smaller sum of money in a more equitable and efficient manner to all citizens.”

J          “This Republic had such great promise.”

. . . 

[See the discussion of the Peoples Climate March for climate, jobs and justice in “Climate March Draws Thousands of Protesters Alarmed by Trump’s Environmental Agenda” in “The New York Times” by Nicholas Fandos dated April 29, 2017, “Climate March draws massive crowd to D.C. in sweltering heat” by Chris Mooney, Joe Heim and Brady Dennis in “The Washington Post” dated April 29, 2017 and yesterday’s Doonesbury cartoon.]

[See the e-commentary at “Pensions and Other Entitlements: Pt. 1 (April 14, 2008)”, “Pensions and Other Entitlements: Pt. 2 (April 28, 2008)”, “Outsourcing Pensions? (Sept. 7, 2009)”, “Pensions, Conflicts Of Interest And The Illinois Supreme Court (June 1, 2015)”, “May Day (May 1, 2006)” and other e-commentary under the Category on “Pensions.”]

Bumper stickers of the week:

Chapter 17 – Coming to a state near you

The United States dominates the world not because it is a “City Upon a Hill” but because it shoots, and shoots regularly, from the top on the hill.

Justice Is a Middle Class Creation, Delusion and Aspiration (March 20, 2017)

Posted in Justice, Middle Class, Supreme Court, Truth on March 20, 2017 by e-commentary.org

. . .

J          “And the middle class is definitely dying.”

. . .

K          “Justice is a middle class creation, a middle class delusion and a middle class aspiration.  The rich know they can always buy it.  The poor know they can never get it.  Only the middle class nourish and nurture the delusion that they can ever get a piece of it.  And the middle class sure is disappearing.  The creation is corroding.  The delusion is dissolving.  The aspiration is aspirating.”

J          “Everyone suspects that, you know.”

. . .

Bumper stickers of the week:

Justice is a middle class creation, delusion and aspiration.

Gorsuch – retain him in Denver to anchor the Tenth Mountain Division (Tenth Circuit) and search for someone who understands law and justice and is concerned about Truth and Justice

Summer Equinox:  We are getting there