Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Tuesday, September 9, 2025

Racial profiling in immigration stops and detention greenlighted by the Supreme Cort


The 6-3 Supreme Court just gave the green light to ICE to snatch people off the street because they look Hispanic and sound Hispanic. It is racial profiling, pure and simple. I am disgusted. The voice of dissent, Justice Sotomayor, wrote:"We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low-wage job," she wrote. "Rather than stand idly by while our constitutional freedoms are lost, I dissent." Trump's Supreme Court is chipping away at civil rights with no explanation other than "it's not our job to set immigration enforcement policy," and we need to call them out. That should send a chill through anyone who does not look white for the precedent this sets. Supreme Court gives no explanation as it hands Trump another win

The old warning to anyone who looks Hispanic (or even native Americans), carry your papers ready to show them on the spot, is no real protection as even green card holders and those born here have birth certificates, get detained by ICE. ICE is putting many in holding pens while they "sort it out", and even then, whether the detainee can afford an attorney or even speaks English is a question. Their chance for a "due process" hearing after waiting days in a slammer is a roll of the dice and the hope that some non-profit comes to their rescue.

This is sheer terror, as told to me by my Hispanic friends. Even showing an ICE agent your papers is not always helpful. There are no figures released by the Trump regime that report numbers of those wrongfully detained and even deported, but there are past studies that detail that there were plenty of wrongful detentions dating years before ICE was given a quota ot snatch anyone to make their daily tally. Anecdotal evidence that it is happening now is plentiful if you do a Google search.

La Corte Suprema, con 6 votos a favor y 3 en contra, acaba de dar luz verde al Servicio de Inmigración y Control de Aduanas (ICE) para que secuestre a personas en la calle por su apariencia y sonido hispanos. Es discriminación racial, pura y simplemente. Estoy indignada. La voz disidente, la jueza Sotomayor, escribió: "No deberíamos tener que vivir en un país donde el gobierno pueda detener a cualquiera que parezca latino, hable español y parezca tener un trabajo mal pagado". "En lugar de quedarnos de brazos cruzados mientras se pierden nuestras libertades constitucionales, disiento". La Corte Suprema de Trump está socavando los derechos civiles sin más explicación que "no es nuestra responsabilidad establecer políticas de control migratorio", y debemos denunciarlos. Esto debería estremecer a cualquiera que no parezca blanco por el precedente que esto sienta. La vieja advertencia para cualquiera que parezca hispano (o incluso nativo americano): llevar sus documentos listos para mostrarlos en el acto no es una protección real, ya que incluso los titulares de tarjetas de residencia y los nacidos aquí con certificados de nacimiento son detenidos por el ICE, que simplemente los pone en celdas mientras "resuelven sus problemas". Aun así, si el detenido puede pagar un abogado o si habla inglés, tiene la oportunidad de una audiencia de "debido proceso" después de esperar días en una cárcel es una cuestión de suerte, y la esperanza de que alguna organización sin fines de lucro venga a rescatarlo es un juego de azar. Esto es puro terror, como me contaron mis amigos hispanos. Ni siquiera mostrarle los documentos a un agente del ICE sirve de nada. El régimen de Trump no ha publicado cifras que informen sobre el número de detenidos injustamente e incluso deportados, pero sí hay estudios anteriores que detallan que hubo muchas detenciones injustas años antes de que el ICE tuviera una cuota para capturar a cualquiera por día. Hay abundante evidencia anecdótica de que esto está sucediendo ahora si se busca en Google.

Monday, September 1, 2025

Will the Supreme Court's legacy be they killed off democracy?

Will the Supreme Court's legacy be" they killed off democracy'?"Trump's "I can do anything I want" attitude had at first been fed by the friendly Supreme Court ruling that he cannot be prosecuted for a crime while in office, and recent 6-3 Court decisions. Those are now on full display and a matter of public record. Trump is now consolidating power and seeking more, acting and ruling as if he is already a dictator, with little in sight to stop him. Over the years, during and since Trump's first term, the GOP Senate leadership has managed to install a Court dominated by ideologues of various extreme think tanks, such as those favored by the Heritage Foundation and screened by other think tanks for ideological purity. With this kind of control by ideologues who want a unitary or much stronger executive branch, no wonderTrump feels comfortable he can gamble by letting "his' Supreme Court decide whether his power grabs have gone too far. In the upcoming session, the Supreme Court will decide whether its 6-0 majority, with a recent track record of usually granting the power he desires whenever the issue is before it, will continue to do so. Three major decisions will be looming, if not more, that will decide if the Court caves to his power grab or not. The Supreme Court's heritage could be known as the enabler of the end of democracy, of, by, and for the people, and instead gives the permission slip to a power-hungry president, allowing it to become a government of, by, and for Trump. There are some crucial tipping point decisions soon before the Supreme Court this fall. With such power in his hands, Trump has the luxury of being able to ignore the economic needs of those who voted for him and other campaign promises made in 2024, especially those thinking that he would reduce their cost of living. 

This is a Supreme Court, comprising those with a 6-3 Trump-favoring majority, packed over recent years with ideologues who are presumed to be loyal to the concept of a more powerful executive branch, a unitary system that undermines checks on executive power. They were screened by "conservative" think tanks like the Federalist Society for their tilt before they were nominated, and their Senate approval process was strategized by GOP leadership to prevent even other nominees from being considered. 

Those who have advocated for years for the extremist goal of turning the executive branch into a "unitary" government, which is another term for eliminating the checks and balances that Congress and the Judiciary once had, is a goal of the Heritage Foundation. Until the emergence of Trumpism and Trump himself, who seeks to accumulate more power and wealth for himself (no secret at all), the inclination of the Court was to prevent a wannabe from becoming a full-blown dictator. They are now in control of the appointments to keep power positions, and fellow traveler Trump is using the hammer of a totally politicized justice department to threaten and control past and present "enemies".

 The goals of the Heritage Foundation in the 2024 elections were also no secret. It was in print and online, available for all to read.  The irony is that the name of this foundation is not a reflection of the democratic heritage of the republic founded by our forefathers, but rather the opposite. It has been the promotion of the executive branch's power, aiming to turn it into a form of dictatorship, while maintaining the form of checks and balances, yet subverting the judiciary's and legislature's ability to effectively check the executive branch's power. The founders of our Republic warned us against exactly what Trump is trying to do and set up a form of government that kept the executive branch in check, giving the power of the purse to Congress, and an executive branch that was concerned about whether laws or governmental actions were in keeping with the intent of the Constitution. The Supreme Court and the independent judiciary were tasked with ruling on whether laws conformed to the Constitution. The duties of the executive branch were outlined in the "take care" clauses throughout the document.

 It was the rule of law, not the rule of a king, a tyrant, foreign or domestic, that shaped the founders in devising the Constitution in 1789. Kings and tyrants were to be feared and prevented. That is the heritage we have, not the one the Heritage Foundation's deceptively named think tank supports and now dominates the Trump administration, in tune with their leader, who also wants to be an autocrat, too. (Autocrat: another name for a dictator, as "autocrat" sounds to a degree to be less all-powerful or threatening). 

  Trump is now consolidating his power in various ways that resemble those of a dictator, testing the limits of his authority until the Supreme Court intervenes.  He has indicated he will stand by what the Supreme Court rules, but on that promise, we should not trust, as he has a history of breaking promises to get elected. (i.e., I will reduce your cost of living, end the Ukraine war on day one). Instead he has been obsessed and consumed by getting revenge and frightening with threats into keeping mouths shut or into actual verbal compliance with his purposes

.Now Trump is hell bent by tariffs, labor shortages due to mass deportation, and making sure everyone in government or receiving federal funds, top to bottem is loyal to him but not to the empty pledges of loyalty oaths to the constitution, his attempt to put the federal governent in control of tabulation and methods of voting instead of the states, his attempted firing of officials of once hands off independent agencies, his trampling of civil rights and due process, his attempt to frighten so many into subservience to him by using his department of justice to launch investigations without probable cauise except for the crime of being disloyal to him. and his ordering state governors to rediscrt to give him continued control of the House..  

Update: 9 9 2025. The 6-3 Supreme Court just gave the green light to ICE to snatch people off the street because they look Hispanic and sound Hispanic. It is racial profiling, pure and simple. I am disgusted. The voice of dissent, Justice Sotomayor, wrote:"We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low-wage job," she wrote. "Rather than stand idly by while our constitutional freedoms are lost, I dissent." Trump's Supreme Court is chipping away at civil rights with no explanation other than "it's not our job to set immigration enforcement policy," and we need to call them out. That should send a chill through anyone who does not look white.



MUFTIC FORUM BLOG: So is Trump now appealing for the pro dictator vote while he says he is not one?

 The Supreme Court has expanded Trump’s power. He’s seeking much more.

Full List as Supreme Court Rules for Donald Trump 15 Times in a Row - Newsweek

Supreme Court Keeps Ruling in Trump’s Favor, but Doesn’t Say Why - The New York Times

Project 2025 Tracker | 

Meet the powerful group behind Trump’s judicial nominations   about the Federalist Society

McConnell went 'nuclear' to confirm Gorsuch. But Democrats changed Senate filibuster rules first.


Wednesday, March 5, 2025

Are we already living with fascism? Updated through 3/31/2025

 I received inquiries from European friends asking me what was going on in the America they once knew? Many of my friends and relatives live in countries in the Ukraine neighborhood. The fall of Ukraine to Russia or a giveaway by Trump is of serious concern and causes fear for their own futures.  One inquirer asked about the rule of law. Does America still have it?. I replied with blog links on those issues as of today, but I had another thought. I am beginning to feel like we are becoming a fascist country, and we are already experiencing some of it. Here is why. 

I have recently noted a greater sensitivity to what I am posting on the internet, fear that somehow jobs will be affected if commenters are seen as too lib or as contradicting Trump or could be accused of dis-agreeing.  That kind of fear was more like what I experienced in dictatorships.  In short, fear is causing a lot of self-editing to make sure what I write is mine or at least comes from some publicly published source that has credibility.  Some have even changed their Facebook names because they fear facing repercussions, which is scary to have to feel that way.  This already is no longer a free country. It is feeling like we are already in a country run by dictator who uses fear, threats, and revenge to control what people used to freely express. I will not be cowed or bowed, but I will be more careful to make sure I do not quote those who do not want to be quoted or who are living in that fear so long as I have access to a public platform.  

Dissent with Trump is not tolerated and is punished using the tools of law enforcement prosecution or being primaried.  Press and media daring to report facts and news contradicting Trump get denied access to the Oval Office or Airforce One.. Members of the Trump administration openly say that if the courts rule against them, they can ignore the orders with which they disagree. Or even Trump himself: No laws are broken if he saves the country. No wonder he can say it and get away with breaking criminal laws because the Supreme Court gave him immunity. Now, he thinks it applies to anything he does. The rule of law means the rule of Trump, or so it appears to him. 3/5/25: The Supreme Court, on a 5/4 vote, showed a "stunning" attempt to uphold the rule of law. In one of the first test cases to reach it, it ruled against the Trump administration on the issue of stopping USAID.  Next, will the Trump administration obey the ruling? Is this the new pattern, or was it a one-off?   https://mufticforumblog.blogspot.com/2025/03/whats-big-deal-about-rule-of-law.html

Even immigrants have some Constitutional rights. The Trump regime is making a mockery of the rights to free speech and due process, and going into court to argue against that.  In the meantime, visa and green card holders are being snatched off the streets without a hearing and presentation of facts and evidence to justify that they were breaking any laws or were a member of a terrorist organization. Welcome to fascism:  https://john-w-whitehead.medium.com/making-our-rights-disappear-the-authoritarian-war-on-due-process-cf0f45f9e0c6   

  Using a bogus claim, the US is at war with Venezuela in order to justify taking such deportation and prison in El Savado in the cover of night of the accused without due process is one issue. Another is snatching a grad student off the street because she wrote an article in a school newspaper in support of Hamas.  Was there any evidence they also had terrorist ties or committed crimes? We will never know if they are snatched and shipped or imprisoned without a hearing before a judge, which is the process to which they were entitled, called due process.

3/28.2025 Judge rules against the Trump regime using the excuse of a war to cover the lack of due process extended to alleged Venezuelan gang members. https://www.reuters.com/world/us/us-judge-extends-block-trump-use-wartime-law-deportations-2025-03-28/

Update 3/29/2025 Disney and ABC hit with FCC investigation over DEI policies | CNN Business     FCC chair opens investigation into PBS, NPR sponsorship practices

Donald Trump calls for MSNBC hosts to be fired after 'disgraceful' comments - Irish Star

Update 3/21/2025: Some hope, though. Trump has been on a crusade to "delicense" media he does not like, particularly MSNBC and CNN. He should be informed that cable networks are not licensed.However, attacking others like NPR and broadcasting networks should be expected. The new head of the FCC that does licenses was one of the writers of Project 2025 and that proposed a frightening course. Trump's FCC pick, Brendan Carr, wrote Project 2025's chapter on the agency. Here's what he wants. - CBS News  The media has been called the 4th estate because its power and control of media is part and parcel as one of the first steps a wannabe dictator uses to seize control of the other three "estates," the executive, legislative, and judicial branches. Trump has whipped the legislative branch majority into submission, and he is trying to cow the judges by threatening "impeachment". That one is simply a bark with no bite since two-thirds of the Senate to convict an impeachment is such a supermajority that it is a non-starter. 

The Trump regime appears laying the groundwork to challenge the judiciary branch's ability to rule against Trump's interests and actions as the chief of the executive branch in the Venezuelan gang import case and he may find a hostile Supreme Court greeting him as Chief Justice Roberts was quick to respond on the threats of impeachment of the judge. He gave a strong rebuke immediately after Trump went on a rant. https://mufticforumblog.blogspot.com/2025/03/whats-big-deal-about-rule-of-law.html

 https://www.imdb.com/news/ni64407784/  

 Supreme Court rejects Trump’s request to keep billions in foreign aid frozen |

 CNN Politics  MUFTIC FORUM BLOG: What those who support the rule of law should fear the most updated

https://mufticforumblog.blogspot.com/2025/03/whats-big-deal-about-rule-of-law.html

Political control of his base is already complete. Those of his party in Congress get threatened and fear for their political lives if they raise an objection to Trump's policies. Trump's oligarchs will provide unlimited campaign funds against any dissenters. This past week, we saw that in full array as former hawks against Russia fell into line on Ukraine, contradicting years of past public statements. Now, social media provides the approved word of the day or the rationale for whatever policies Trump supports. Not one GOP voice in Congress  (may be one exception) now objects to Trump dumping Western alliances, voting with Russia in the UN,  and, as the Kremlin acknowledged, Trump is now aligned with Russia.  In his state-of-state address on 3/4/25, the GOP members applauded and rose as a body at his every pronouncement.  

 Mind control is halfway there as favorable polls of Trump only deviate a little from November 2024.  What is different from the fascist rulers and dictators of the past is how the message gets delivered. Once in communist or fascist countries, it was blaring slogans from loudspeakers, banners, and total control over TV and radio. Western press was not allowed. These days thought control is even more effective.  Algorithms ensure the faithful get the message, not just on TV but on all the newfangled outlets and social media, and other thoughts are steered away or not reported.  The voice of Trump is right there in their smartphones 24/7, and the chances of hearing what the "other side" is thinking are either rare or dismissed as political propaganda. MUFTIC FORUM BLOG: How stupid does Trump think Americans are?

 Born in 1938, I have seen much, including the fall of fascism and the Iron Curtain consolidating power, as a student in Berlin in 1958 as Kruschev threatened to close off Berlin, and another airlift was a possibility. I met my forever husband-to-be in Berlin in 1957-58s, a fellow student planning to become a refugee from a communist country. From him, I learned what it was like for ordinary people to live in a dictatorship. We were later able to make nearly annual trips to visit the family as that country liberalized. Still, even then, I had close-up and personal observations of how dictators operate, gain, and maintain their power.  I knew what it was like firsthand.

 Communist dictators and fascists have much in common, though their messages and ideology are different. The ones I witnessed used the same techniques, blaring loudspeakers and banners everywhere, and no free press was allowed. To succeed and survive, regardless if you had a bone to pick, you had to keep your mouth shut and keep your head down low. Someone was always listening and reporting on you. Dissent was not only not allowed, dissenters would be punished. Rule of law was not what was on paper or their "constitution" but how it was practiced, and the interpretation had to comply with the dear leader's or party functionaries' words du jour.  

Does any of this sound like what you are witnessing develop or where we are heading in our own country in 2025? It does to me. I am feeling deja vu all over again.




Tuesday, July 16, 2024

Dialogue with another refugee from a dictatorship: Substituting one with another?

I don't get it. I see some with the same background as my late refugee husband, Cubans and Venezuelans in Florida, and waves of so many others, all refugees from dictatorships (Communist or fascist), fawn over Trump, a wannabe dictator.  What are they thinking? Do they want to substitute what they flee with another dictator like Trump?  The only explanation they give is that either he is a religious second coming, the chosen by God (a dialogue with one holding that view this week),  or that dictator would be "their" political protector. They certainly do not think democracy needs to be supported elsewhere, like in Ukraine, as the MAGA mantra is to hand it over to Russia. Nor do they show sympathy for others who fled dictatorships, supporting the inhumane and dire immigration policy promoted by Trump that tramples human and civil rights into the dust and breaks up families.

.Dr. Mike, not yet 30 years old, defected from the Yugoslavian dictatorship of Tito, emigrated to the US, and eventually became a US citizen and even a Democratic National Committeeman and my husband of over 52 years In Colorado, was awarded the Citizen by Choice award to immigrants who contributed so much to his new country.  His greatest pleasure in living in a democracy was his ability to speak his mind. To him, that was the meaning of freedom.  Those who knew him experienced his joy in freedom, speaking out in private and from a political platform often. He has been gone 9 years, but I can hear him now if he could speak from the grave. I know what he would be saying in response to those worshipping a wannabe dictator on the verge with the power in his hands to be one.

This is how it works in a dictatorship and as it is even in MAGA/GOP land now...you cannot criticize "the boss," see examples made of those who do with retribution and revenge, and learn to keep your head down and shut up or become fawning fellow travelers.  Trump has already seized control of the state, local, and national GOP structures. Treasured members are expected to be bobbleheads, nodding only up and down in the affirmative and repeating the party line of the day, whether or not they agree.  Later, we saw it in action when the RNC attorney, Charlie Spies, who dared question whether the 2020 election was stolen, was purged. Sen. Tim Scott refused to answer whether he would accept the 2024 results if Trump lost. Now imagine Trump wins in November and carries forward his plans to replace all advisors and staff, cabinet heads, and department heads with his bobbleheads who only nod up and down,"yes, Boss."   The way for ordinary people to succeed yet object to what the government is doing is to keep their heads down and shut up. They just might not get the job promotion they seek or to influence a policy they deplore. 

The view of the threatening Trump dictatorship still has meaning and relevance for those who feel the federal government touches their lives. They get it. Frustration with the Supreme Court, now in the hands of a supermajority of MAGA, is another example of how MAGA has taken over the ultimate interpretation of the Constitution. Lower courts may rule one way but find themselves at a dead end in the MAGA Supreme Court.  MAGA has also gotten control of the Government purse strings in the House, as the vote on Ukraine illustrated and the current attempt to oust the Speaker who is not MAGA enough. Now, Trump wants to control every aspect of the executive branch, including what he calls those who are not loyal to him, the civil servants of the"deep state".  In so doing, he openly stated he would use the Department of Justice to target his political enemies and deny broadcast licenses to those he considers oppposition press. Harassment and fear of prosecution of those who would otherwise be proven innocent in a court of law is enough.   What this means for all Americans is to shut up and keep your heads down if you have a beef about Trump's execution of his agenda. You have lost your voice; your vote is useless because the newly minted dictator controls both the message, the election process, and the execution of public policy. 

Project 2025 is the vehicle that allows Trump to be a dictator beginning on Day One: By executive order, he will try to replace the executive branch with the spoils system of those pledged loyalty to Trump, not the Constitution. Trump tried it when he was in the office using Schedule F. but was pulled back by staff when he was told it would break the law. Suppose he commits a crime, trampling laws, ignoring them. In that case, the Supreme Court has given him immunity from prosecution for committing them during official acts (now already underway in overturning every jury trial that found Trump liable or guilty for acts he committed during his presidency).  Suppose he sees demonstrations, even peaceful ones, objecting to his policies. In that case, he will use violence to crack down on them, as he tried to do when he tried to force the military to sed in their active troops, summoned known violent militias to intimidate Congress on January 6, and called neo-Nazi's fine people who mimic Nazi Germany's violence in the 1930s.  

https://mufticforumblog.blogspot.com/2024/05/how-it-works-in-dictatorship-story-my.html

https://www.pewresearch.org/short-reads/2023/08/16/11-facts-about-hispanic-origin-groups-in-the-us/

Saturday, July 13, 2024

Trump Supreme Court is laying groundwork for a grassroots revolt: Update, Biden plan

(Update  to prior blog post 7/28/24): Biden proposes refom. It may not happen during his presidency, but it will get the ball rolling and focus later.  It should also serve as a campaign issue now. apnews.com/article/supreme-court-reform-Biden-harris-trump-ffd48f3a2023aeca841bb53c2147ef03)

 A warning. The Trump-dominated Supreme Court 1) overturning Roe v Wade 2)presidential immunity is laying the groundwork for a grassroots backfire. Both will move from some distant legal squabble and will be felt by voters directly. It will kick into high gear if voters feel cheated and the courts toss out the Trump 34 felony convictions and the January 6 federal case because the immunity ruling is applied to either or both. If that happens, expect momentum to gain for expanding the court and term limiting. This is added to the already existing disgust of the corruption of Justice Thomas as more and more of it is exposed, and the flag waiving white Christian Nationalism of the Alito family. Court reforms could and should also become another campaign issue.

Friday, June 28, 2024

Consumers beware: the Trump Supreme Court just crippled 40 years of consumer and environmental protections

https://www.cnn.com/2024/06/28/politics/chevron-precedent-supreme-court

 June, 2024. The Trump Court has overturned Chevron,  upending years of consumer and environmental protections. Buyers, beware: drinking water, product safety, the air you breathe, the cars you drive, the food you eat, and the medicine and drugs you take will now be impacted, and your safety will be at risk. If Chevron was decided because of the argument that regulatory agencies were decided by unelected panels (while technically informed and educated), these complex science and technology questions would now be managed by both unelected and technically ignorant judges.   Decisions based on science and evidence will be replaced by ill-equipped, uneducated, unelected, tenure-protected,  and more partisan judges. The final word on these technical and scientific issues will end up in the Supreme Court's lap of uneducated or ignorant in any field except legal theory.    (The Chevron decision text is a case in point. The Justice who wrote it did not know or catch the difference between laughing gas and air-polluting gas elements in the edit.)With the corruption, obvious extreme ideological bias, and ignorance of science and technology of a super majority infecting the current Court, reform and expansion are the only antidotes. This was a power grab by the Supreme Court that cannot go unanswered. Both consumers and the environment are being screwed.  

 The reason? Chevron's decision is what for-profit businesses have wished for for forty years.  They can now play the system for their benefit using their financial resources, while consumers and environmentalists must rely on donations.  So far as citizens and consumers are concerned? Our interests will be damaged by thousands of small, unkind cuts as case-by-case decisions and ignored. Our water, air, product safety, and protection from exploitation by financial services and banks will be lost in the gears of unelected, biased, and ignorant judges, ill-equipped to sort out technical issues. US contribution to global warming will increase.  

While the ruling impacts clean air, this Chevron ruling can hobble any other agency like the Federal Trade Commission, the Food and Drug Administration, the Environmental Protection Agency, the Consumer Safety Commission, the Federal Communications Commission, the Financial Consumer Protection Agency, and any other federal agency from issuing regulations to fill in the blanks left unaddressed in legislation after hearings and open processes. Instead, like abortion, it will fall into states and case by case lower court cases when clearly the issues cross state boundaries, leaving confusion and chaos. Most states have laws conforming to current federal consumer and environmental consumer laws, so enforcement and interpretation based on regulatory law at the federal level will be chaotic and subject to court challenges. It will also result in years and years of Congress writing legislation to revise or clarify current legislation.  The final word on these technical and scientific issues will end up in the Supreme Court's lap: uneducated or experts.  The reason? This is what for-profit businesses have wished for for forty years.  They can now play the system for their benefit using their resources, while consumers and environmentalists must rely on donations.  So far as citizens and consumers are concerned? Our interests will be screwed, and our water, air, product safety, and protection from exploitation by financial services and banks, will be lost in the gears of biased and ignorant judges, ill-equipped to sort out technical issues. US contribution to global warming will increase in the coming years. It is time to expand the court to permit one that reflects the interests of all citizens and is more balanced, not the decisions that favor one segment of the economy that goes unchecked. There should be staggered term limits so that they better reflect the more current public interest and concerns and advancements in technology and science. 

There will now be a constant increase in cases brought by consumers, environmentalists, and businesses so that the court can handle these cases. Otherwise, the lower courts will be inundated by law suit remanded to them by a Supreme Court does not have the time or the capacity to handle given the increased volume.  Even less educated justices in the lower courts will now handle technical decisions with more decisions based on ideological and partisan concerns. 

It is also imperative that the ethical standards and enforcement of the Supreme Court of its members be implemented to protect us, the citizens, from the kind of hidden bribery we have witnessed and the overt partisan and ideological bent of the Court members, be exposed.   The ability of regulatory agencies to make decisions based on science and expertise must be restored and that will only happen with a balanced Supreme Court,

https://www.cbsnews.com/news/supreme-court-chevron-deference-power-of-federal-agencies/

https://www.forbes.com/sites/alisondurkee/2024/06/28/supreme-court-corrects-epa-opinion-after-gorsuch-confuses-laughing-gas-with-air-pollutant/

https://www.forbes.com/sites/alisondurkee/2024/06/28/supreme-court-strips-power-from-federal-agencies-overturning-decades-old-precedent

A personal note: I have a history in Colorado advocating for consumers and clean air, from the NY Times May 13, 1979.  I served as the director of the Denver District Attorneys section prosecuting consumer fraud and white-collar crime, and before that, active in grassroots organizations battling Denver's brown cloud.  My interest in the ability of the federal government to deliver protection for consumers and the environment dates back to the birth of the legislation.  I wrote a book, the Colorado Consumer Handbook, which focused on the new remedies these laws provided and solutions traditionally available to individuals.  The key was the new empowerment of consumers and citizens whose health had been impacted by polluted water and air. These laws allowed them to get remedies in the face of well-funded, profit-oriented business interests. Now, the ability for any citizen to rely on these new laws has been crippled, tied up in knots in courts resolved only by those with deep pockets able to hire the army of lawyers and left to the decisions of judges not elected and uneducated in the science and technology involved. Facts and evidence will take a back seat to the judgment of the unelected, incapable of sorting out fact and technical arguments from fiction and spin.   Four years after the mayor's race, I joined the administration of Federico Pena, a new, young mayor with views and goals similar to mine, and was able to put into action much of what I had proposed and supported. I served in his administration as both sub-cabinet and staff for his two terms.

DENVER, May 13 — Denver, still thought of as the mile‐high city with pristine air and mountain spring water, is sitting through a nonpartisan mayoral race that is largely focused on its “brown cloud” and its water supply, along with transportation and housing problems.

William J. McNichols, who says he is of the “realist” school of Democrats, has been Mayor for the past decade and is president of the United States Conference of Mayors. He is opposed in the Tuesday balloting by Felicia Muftic, executive director of the District Attorney's Consumer Protection Agency and an aggressive critic of City Hall on the questions of pollution and housing; Garry Mitchell, chairman of Gov. Richard D. Lamm's Tourism Council and president of Ski Country U.S.A., who brought to public attention in March a study that suggested a startling future fiscal stress for Denver; and Harold Sudmeyer, Denver coordinator for the United States Committee for Justice to Latin American Political Prisoners, who advocates the closing of the Rocky Flats nuclear weapons plant.

Pollution is the No. 1 issue in the mayoral race. With construction booming, new energy companies moving in and others expanding, Denver's smog is second only to that of Los Angeles, according to a rating by the Environmental Protection Agency, and there is concern about the growth's depleting the water supply.

Mayor McNichols notes that the construction in downtown Denver will generate $5 million in property taxes for the city. Stapleton Airport's passenger traffic is soaring; $4 million has been spent on the mass transit system. There is a new sports arena named for the Mayor, new fire department and police headquarters, new and modernized branch libraries, public parks and a lavish new Denver Center for the Performing Arts. Denver's unemployment rate in March was only 2.9 percent.   

Note: I lost with about 43% of the vote, not enough to trigger a runoff.  However, five years later, I joined the new Denver mayor Federico Pena's administration  serving as Clerk and Recorder, and Mayor's liaison to City Council 

Author: Colorado Consumer Handbook, author Felicia Muftic (Only known copy: Library of Congress; search Felicia Muftic  

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Thursday, June 13, 2024

Abortion pill is momentarily safe from the extremist Supreme Court

The abortion pill is momentarily safe from the extremist-dominated Supreme Court. For now, yes. For the future, no. The battle today was won thanks to the advocates' incompetence. The fight will go on. This was more a tribute to judging shopping as a failed strategy.  There are other battles ahead.

 https://www.vox.com/scotus/355175/supreme-court-mifepristone-abortion-alliiance-hippocratic-medicine-fda


Saturday, June 1, 2024

MAGA ironic verdict reaction: they must want a real dictatorship and a banana republic instead?

Update June 12 , 2024: Irony increases as Hunter Biden found guilty by a jury of lying on a federal form about drug use:https://www.cnn.com/2024/06/11/media/pro-trump-media-hunter-biden-conviction/index.html

Maybe it may be too much to ask of Trump supporters, but have they begun to realize that all court actions against Trump are due to corrupt judges, bribed jurors, or even being charged with a crime is a partisan action? but when the decision finds Hunter Biden guilty, does the justice system and the rule of law work?

MAGA's ironic verdict reaction to Trump being found guilty of a crime by a jury:  they must want a dictatorship and a banana republic, too.? Setting aside, Trump is running on a platform openly to use the DOJ to take revenge on his political enemies, MAGA and fellow travelers, in response to the guilty verdict, are throwing out words like" we are a banana republic" and" this is like a communist country". Having no clue what either is like, MAGA now wants to turn the US into a real full-blown dictatorship with the rule by a man instead of by the rule of law and threatening mob/thug violence if we do not comply? Having been married for 52 years to a refugee from a Communist country run by a dictator, I can say with some authority MAGA wants to turn this into the same kind of justice system that was practiced in Yugoslavia from which my husband fled. The banana republics (Central America)are ruled by drug gangs. There is no rule of law, not even a pretense of one. If there is a president, he is bought off or is an in-cahoots tyrant. Yes, we do not want to be a banana republic. We are in no danger so long as we honor respect and abide by the rule of law. Trump is already calling for his militia gang of thugs to commit violence. https://www.yahoo.com/news/maga-extremists-threaten-violence-trump-151731438.html

Per MAGA, The entire justice system, including jurors, is rigged because Boss Trump has been put on trial, found liable and or guilty by various juries and courts, finding him a rapist and business fraudster, and now a criminal election interferer. So trash the whole justice system. and replace it with the one dedicated to supporting Trump and no one else. The MAGAs seem to think the only justice that works is the one in which the jury is also MAGA, the prosecutors are MAGA, and so is the judge. That's just like the old Yugoslavia and Comrade Tito .

In dictatorships like Russia Trump so admires, laws exist, but they are not the rule that Putin follows as we watch how he destroyed the free press, had his opposition poisoned or pushed off balconies or imprisoned, or blew them up in airplanes. No Russian justice system would dare "hold him accountable," and no one is left to challenge him. That is also how wannabe dictators become actual ones if they do not come to power in a civil war. or a military coup. Dictators like Putin gain and consolidate their absolute power as they rule by fear, favor, and threats, just as Trump proposes to do.

Think he would not dare? Look what Trump has already done to his own political party. He has purged the GOP and bent its opposition leaders to his will or faced them to resign and lose any power or their jobs. Like a bunch of bobbleheads, tails between their legs, they have become a chorus singing the same tune and repeating his lies in the wake of the verdict. Trump's Repeated Claims on His New York Hush Money Trial - FactCheck.org
Now Trump is threatening political violence and is dog-whistling to his militia gangs of thugs. He has pledged to use the DOJ as a tool of retribution and revenge against his opposition as he scales up his own techniques to rule the entire government, its citizens, and our home grown oligarchs.

There are a dozen other democracies in this world with former presidents sitting in prison now. Their democracies believe no one is above the law. We used to believe that, too. So here we are now, giving serious consideration to a wannabe dictator who wants to be immune from prosecution. He has even asked "his" Supreme Court for permission. RememberTrump is trying to get the Supreme Court to grant him immunity from criminal prosecution, not just to get himself out of any punishment for his role in January 6 and hoarding national security records at his golf resort, I also suppose because he intends to break the law if he gets into the Oval Office again. As he says he needs immunity to get anything done.

That Trump plans to appeal the hush money case is his right, but this was a New York state case, and he will have to go through a lengthy appeal process in New York State first until he makes it to his friends on the Supreme Court. May Trump's hope for a speedy appeal find itself on the same slow train as all of the rest of the cases accusing him of crimes that are pending until after the election.

https://mufticforumblog.blogspot.com/2024/05/how-it-works-in-dictatorship-story-my.html

https://www.usatoday.com/story/news/politics/elections/2024/05/31/trump-convicted-other-countries-compared/73913062007/ "In the 21st century alone, more than a dozen democracies have either convicted or indicted their ex-leaders, most of them presidents but also including prime ministers. A handful of liberal democracies — Argentina, France, and South Korea — have convicted more than one former president and, in one instance, convicted the same leader twice."

Sunday, April 28, 2024

Do not be so sure the election will be decided on the issue of Democrcy v Autocracy

Do not be so sure if the election will be decided on the issue of democracy v autocracy or democracy vs. dictatorship. Yes, democracy will be on the ballot in November, but it is not a given. It will succeed as the determining issue in November.  Using the term "autocracy" only describes degrees, a range of rules by a person instead of the rule of law. It is a weak term that needs to be replaced by what Trump has already publicly promised if he is elected in November: a "dictatorship."  Even then, Trump has made the term "dictatorship" into a positive for his followers' benefit, not one to be afraid of, because it will "get their stuff done."His lulling words it is only "dictatorship for a day." Only fools believe that. That is all he needs to get the ball rolling for becoming a dictator quickly and, in the transition, throw this country into destabilizing chaos and uncertainty until he consolidates the power in lusts in his own hands. The April 27 white house correspondents' dinner dramatized the importance of the freedom of the press. (more below).

 What is not clear is whether American voters understand there is a link between "blanket immunity" and the continuation of democracy, the issue before the Trump-dominated Supreme Court.  Trump wants the power not only to get himself out of the January 6 criminal case filed by DOJ special counsel Jack Smith but to give him the power to become a dictator, a get-out-of-jail card, able to ignore any threat of criminal prosecution for breaking laws, as he assembles dictatorial powers for himself.  If he can even get the Court to decide he can break laws if it is in his "official duties" capacity, as Trump's loyalists on the Supreme Court are arguing, he is well on his way to claiming any action he performs is official and throwing the US into chaos as this claim is challenged in federal courts and make its way through the judicial appeal system to his Trmmp Supreme Court.  How do we know that will happen? It is happening now, and Trump is not even back in the Oval Office. 

 In December, a YouGov poll revealed that when asked if they supported a dictatorship over democracy, the result was that only a small percentage agreed with having a dictatorship. https://today.yougov.com/politics/articles/48238-most-americans-support-democracy-and-oppose-dictatorship However,  by February, Trump embraced the concept of being a dictator and his loyalists fell in line. Trump's own promise he "would be a dictatorship for a day" was ok for 3/4 of those who identified themselves as Republicans.   https://thehill.com/homenews/campaign/4453457-74-percent-of-republicans-say-its-fine-for-trump-to-be-dictator-for-a-day

What a bunch of fools If Trump had immunity from committing crimes,  he could run rampant over existing laws that restrict presidential power, from bribery to assassination of rivals to oppressing press freedom to putting down any peaceful protests and gatherings.  In one day, he could sign the documents already prepared by the Heritage Foundation to allow him to fire thousands of federal employees and replace them with his loyalists, as well as replace those heading regulatory agencies with his sycophants such as licensing media outlets and protect consumers from environmental catastrophes, dangerous products, unfair business practices, and loan sharks. withdraw the US from NATO and throw the economy into a tailspin by sabotaging the only institution that could control inflation, the Federal Reserve. He has already promised to do all of this. and the Heritage Foundation, with millions in the bank, is already at work lining up those replacement loyalists to Trump. The lists will be ready to go on day one.   With a Trump Supreme Court, forget the guardrails of the justice system, and with such power of appointments, a jubilant business community and any GOP opposition to Trump will be hailing "the boss" if they want to have any political power.  The raised clenched fist palms forward will be the 2025 version of the old nazi salute. https://en.wikipedia.org/wiki/List_of_gestures#:~:text=Clenched%20fist%20is%20used%20as,%2C%20%22a%20thumping%22).

The April 27 white house correspondents' dinner dramatized the importance of the freedom of the press. In Trump's dictatorship, it is already stated by him as a promise to eliminate opposition press as treasonists.. In a post on his Truth Social platform in September, Trump repeated both phrases and vowed to investigate NBC News and MSNBC for “Country Threatening Treason” and try to curb their access to the airwaves.“I say up front, openly, and proudly, that when I WIN the Presidency of the United States, they and others of the LameStream Media will be thoroughly scrutinized for their knowingly dishonest and corrupt coverage of people, things, and events,” Trump said in the post. “Why should NBC, or any other of the corrupt & dishonest media companies, be entitled to use the very valuable Airwaves of the USA, FREE? They are a true threat to Democracy and are, in fact, THE ENEMY OF THE PEOPLE! The Fake News Media should pay a big price for what they have done to our once great Country.” https://www.theguardian.com/us-news/2023/sep/25/trump-nbc-msnbc-comcast-country-threatening-treason  He could do this by controlling the Department of Justice to selectively prosecute opposition press and delicensing opposition media,, and using his flunkies running the Federal Communications Commission.  Trump may be a proven liar, but he has always been upfront about what he promises he will do, can effectively keep his promises,  even without blanket immunity for breaking criminal laws, and if elected again, he has the power to get it done.   If he controls the Supreme Court, as he already seems to do, legal action to protect First Amendment rights would have a rough go. His MAGA supporters would love to muzzle opposition.  So what about the rest of us who do not rely on FOX News?

Saturday, April 27, 2024

Will the Supreme Court in the future be called the Roberts Court or the Trump Court? Updated 4/16/2025

 Will the Supreme Court try to slow-walk democracy to death? Will history call the Supreme Court not the Roberts Court but instead the Trump Court? Will the Supreme Court be just another legislative body like the current House's majority under the fearful spell and control of  Donald Trump? Will it ever be viewed again as a respected final word by learned justices determining compliance with the intent, lower court rulings, or interpretation of the Constitution?  That is the danger the current Supreme Court faces: total loss of credibility and respect as an independent arbiter, the last word in critical decisions about governing.   

 Update 4/16/2025 Trump has chosen to defy the courts, setting up a full-blown constitutional crisis; an act, if successful, would destroy the courts' effectiveness in enforcing any rule. This Venezuelan deportee case is the case the Trump administration is choosing to try to challenge and destroy the independence of the judicial system and make him the ruler of the law.  The Trump regime thinks they are clever because Venezuelans do not have any sympathy in the American population, and the fact that the victim had been wrongfully deported is uncontested, so those questions are off the table. But now it is down to brass tacks: Who controls the rule of law: Trump or the independent judiciary?  Update: 4/16/2025 https://www.msnbc.com/deadline-white-house/deadline-legal-blog/judge-boasberg-trump-criminal-contempt-deportation-rcna200064This was over the sneaky removal of deportees before they could face a due process hearing. The Judge has the power to prosecute and appoint an attorney to do so if the DOJ refuses.

Still there is another possible contempt of court case from another judge who has been asking for proof that the Trump regime has made any effort to 'facilitate" the return the wrongfully deported individual per the Supreme Court ruling. These are criminal contempt charges if they are levied. While Trump has immunity from criminal acts committed as part of his official duties, any underlings do not have --that immunity. Impeachment is the only method to hold Trump accountable, it appears, at this point.

Update: 5/23/2024 The recent flag-flying scandal regarding Justice Alito, first the upside down flag now adopted by the January 6 rioters flying at his house, now the Christian Nationalist flag also carried by the January 6 rioters, point to Alito's hidden agenda on the Court regarding two of the most important cases the court will hear...Trump's immunity from crimes and the appeal from January 6 rioters who were convicted. He must recuse himself, or the Court will begin to look even more like the Trump Court or, as another wag put it, the Extreme Court.  https://www.abc10.com/article/news/nation-world/justice-samuel-alito-second-jan-6-related-flag-spotted-at-home/ Add this to Justice Thomas' wife being part of the January 6 Stop the Steal rally and support of the lie, and the Court's credibility takes even a bigger hit.  Both Justices offer the same lame alibi: My wife did it.  (Neither Thomas nor Allito have distanced themselves from their wives, however, on their position)    https://www.washingtonpost.com/politics/2022/03/14/ginni-thomas-jan-6-rally-capitol-attack/

Continuing with the original posting: 

Trump's argument that he could not be an effective president without it is absurd. We have had 44 presidents before him who functioned without blanket immunity. Now, when we got 45, and the aftermath was indictments for numerous crimes, he said he needed immunity. Why? To avoid the indictments from going to court and trial? To give him the power he needs to break laws to become a dictator if he is elected in November? Note: He is the only president to be indicted for crimes and the only president impeached twice for high crimes and misdemeanors.

My take on the April 25 Supreme Court hearings on Trump's demand for blanket immunity is that he will not get blanket immunity, but there will be attempted a kind of carveout engineered by the Trump justices for "official duties." They are inventing this concept since the Constitution has no provisions for such actions. The Constituion does require the chief executive to faithfully execute the laws. Committing a crime to execute the laws, to violate the laws, could not fit the definition of "faithfully" in this layperson's understanding of those terms.

 The purpose of such a maneuver is to give an excuse to send it back to the appeals court to define what is and what is not official duties and private acts so that he can get immunity for official duties that may or may not be carried out by crimes. This was revealed in questioning that even Trump's attorney admitted most of the January 6 indictment concerned private acts. It is no more than a BS stall tactic by the Trump loyal justices to put the January 6 trial on ice until after the November elections. The trial time clock is running out soon, and the Supreme Court has already added months by scheduling, delaying the hearing of the issue for months.  If Roberts agrees to this tactic and/or the Trump justices hold firm, the Supreme Court will deserve the title of the Trump Court and not the Roberts Court.

More follows:

What is at stake in the presidential immunity case is whether this country will continue as a democracy or not.  Trump himself is not only trying to divert attention from the relevant case that could likely judge him a criminal and with evidence exposed to the public in the middle of the campaign but also to give Trump himself an admitted wannabe dictator, cover for committing crimes if he ever gets into the White House again. He could ignore any laws that would block his ambitions to seize power and/or to personally benefit him.  That is the travesty against democracy now being committed by some justices on Trump's behalf, which is happening before our eyes. 

I explain below why I think democracy is at stake and that some justices were using the hearing as a tactic to protect Trump.

An excellent non-partisan summary of the April 25 hearing on the immunity issue. https://www.yahoo.com/news/key-takeaways-from-supreme-court-hearing-on-whether-trump-has-presidential-immunity-that-shields-him-from-criminal-trials-212849131.html  

tt appears to other observers and me, that the Trump Court majority is attempting to bury the coup case and keep it from the eyes of the public, who need the information to make a rational decision. It is a political tactic by political actors in the guise of justice.  It appears to me that the Trump Court majority is attempting to bury the coup case and keep it from the eyes of the public,  some still who need the information to make a rational decision. They might be enough to swing the vote to Biden by either those baililng on Trump voting for Biden or sitting on their hands. (Recent CNN  SSRS  poll: 3/4 of those Trump supporters say they will support Trump even if he is found guilty of a crime, and the other 1/4 would consider not supporting him. 12% of total voters would not support Trump if he is found guilty of a crime). No wonder Trump's legal team strategy is to engineer delay all trials until after the November election, where either Trump wins and deep-sixes any of the federal cases (state cases would continue) or the federal cases would continue. It is clear, at least, that even the Supreme Court justices would not give him the blanket immunity from criminal prosecution Trump seeks, so the Trump-friendly justices now seek to tie up the process in knots by ping pong in the decisions between lower courts,  engineering the sought after delay.  https://www.cnn.com/2024/04/25/politics/cnn-poll-trump-trial/index.html

What is not clear is whether American voters understand there is a link between "blanket immunity" and the continuation of democracy.  In December, a YouGov poll revealed that when asked if they supported a dictatorship over democracy, the result was that only a small percentage agreed with having a dictatorship. https://today.yougov.com/politics/articles/48238-most-americans-support-democracy-and-oppose-dictatorship However,  by February, Trump embraced the concept of being a dictator and his loyalists fell in line. Trump's own promise he "would be a dictatorship for a day" was ok for 3/4 of those who identified themselves as Republicans.   https://thehill.com/homenews/campaign/4453457-74-percent-of-republicans-say-its-fine-for-trump-to-be-dictator-for-a-day/ What a bunch of fools If Trump had immunity from committing crimes,  he could run rampant over existing laws that restrict presidential power, from bribery to assassination of rivals to oppressing press freedom to putting down any peaceful protests and gatherings.  In one day, he could sign the documents already prepared by the Heritage Foundation to allow him to fire thousands of federal employees and replace them with his loyalists, as well as replace those heading regulatory agencies with his sycophants such as licensing media outlets and protect consumers from environmental catastrophes, dangerous products, unfair business practices, and loan sharks. withdraw the US from NATO and throw the economy into a tailspin by sabotaging the only institution that could control inflation, the Federal Reserve. He has already promised to do all of this. and the Heritage Foundation, with millions in the bank, is already at work lining up those replacement loyalists to Trump. The lists will be ready to go on day one.   With a Trump Supreme Court, forget the guardrails of the justice system, and with such power of appointments, a jubilant business community and any GOP opposition to Trump will be hailing "the boss" if they want to have any political power.  The raised clenched fist palms forward will be the 2025 version of the old nazi salute. 

Listening to the hearings and the loaded question the Court's majority ordered the two parties address in advance of the Trump/January 6/immunity hearings, it was already clear a pro-Trump "conservative" block of justices was trying to ship the question down to the purgatory of the lower court to delay any decision until after the November election. The hearings revealed the suspicions that the hearing was about a political tactic as the Trump justices tried to construct an argument on an issue that was originally supposed to answer the question of whether Trump was totally immune from criminal prosecution for acts committed while he was in office. Instead, the Trump justices twisted the question to become if he could be immune in special instances and what were they? Let's focus on that issue, whether or not it was related to the case they were hearing, they urged, as if they wanted to create a new law to review.  If successful, the Trump majority would deprive Americans of the critical information needed to make a rational judgment of the guilt of Donald Trump in the attempted January 6 coup and the fake elector's scheme that led to that fateful day. The indictment papers of the Department of Justice special prosecutor are not enough to convince fence-sitters when they have to cast a ballot. The final word should be from the jury of Trump's peers and whether voters will ever have a chance to hear both sides of the issue aired in the trials of the century or not before they mark their ballots.

 What was asked of the Court by Jack Smith was a simple question: Does Donald Trump have absolute immunity as Trump had claimed in his defense or not as his defense in this particular case. We saw three Trump loyal justices quibbling over hypothetical theories that any president in the future would have immunity while doing "official acts."  They rudely cut short any attempt by non-Trump justices to apply their decision to the case at hand.  It was a Trump-supporting campaign tactic, not a Court considering the Constitutional relevance or application.  

What happened in the Justice's question period is that one of their own conservative justices, a Trump appointee, Justice Amy Coney Barette, brought the hearing down to the earth to consider the actual case before them. She read off some key charges in Smith's case, including whether Trump's alleged participation in the fake elector scheme and asked whether these were public or private acts..What Trump's attorneys had to admit was they were private acts. If that's the case,  why quibble over the public vs private debate when it is virtually irrelevant to this particular case? The obvious answer is that referring the case back to the appeals court to make that judgment call, will likely delay the chance the public will ever get a jury verdict or hear the elements before the November election. The possibility is that Smith could drop the other  "official acts" accusations or split the case into two and just go forward with those elements Trump's lawyers admitted were private...or the appeals court judge could quickly hold a simple process and quickly rule.  (Opinion of some attorneys on media opined a full-blown hearing before the appeals judges to define any difference in terms to carve out exemptions and define official acts was not needed. It could shortcut their  review process.) /www.cnn.com/politics/live-news/supreme-court-trump-immunity-04-25-24/h_74e0277f76c2d77793d748c5b87f60c5

 Criminal acts can be committed while doing both public acts  (as some of the justices noted) and private ones, and the president does not have immunity in either case. In fact, what separates whether any act is a crime depends on the prosecutor proving the defendant's intent to break the law, not whether it is done in an official capacity or a private one. In short, while committing an official act, a crime can also be committed. There is or should be no cover to commit a crime by calling it an "official act".  That conclusion seemed logical. While I am not a lawyer, just a layperson,  I sensed that there is a partisan tactic to muddy the waters and delay, delay any jury hearing the case and deciding guilt or innocence. What is forgotten in the quibbling is that for a defendant to be found guilty of crimes must of a crime, the test is not whether it was a public or private act, but a jury needs to find proof beyond a reasonable doubt that there was proof of intent to break the law,  whether or not it was committed while doing an official act or a private one.  

This April hearing about a specific, historic case over presidential immunity, it is not the only example of how a Supreme Court could contribute to democracy's demise., slow-walking it to death and tying it in knots on side arguments, but there are examples of how the justices, now swinging the lopsided balance to the conservative side, has already done so.. Below, excerpts from some of my other blog postings March 13 on the subject folded into this new updated post..

 How the Supreme Court has unintentionally contributed to a feared democracy's demise is disturbing for those of us who love our country both when we win politically and when we lose. The three most US Supreme Court acts or inactions in my mind are the Citizens United ruling that permitted dark and secret campaign contributions, the ruling overturning the recent Colorado ballot case that inadvertently gave a permission slip for any failed insurrectionist or civil war participant to run for federal office, plus the Court greenlighting political gerrymandering by declining to restrict it, making legislative compromises nearly impossible and empowering extremists. 

 The recent Colorado ballot decision gave the green light for any candidate who loses a civil war or an insurrection to come back as an elected office and abuse, and sabotage institutions that stood in the wannabe tyrant's way. The  US Supreme Court claimed political gerrymandering was not in their ability to rule, unlike race-based gerrymandering which they could.  In so doing, the Supreme Court permitted the pernicious practice of drawing legislative and congressional district lines to give one or the other political party to carve out safe districts stacked for their party. This, in turn, ensures only the most hardliners and party loyalists get to go to a general election and to avoid being "primaried", the threat most elected officials fear the most.  It is party discipline gone berserk and it ensures compromises are never reached, giving voters in a general election a choice between usually two extreme candidates.

 When in conversations with my European friends and relatives they mention how corrupt our elections system is because of the money pouring into it, making elected officials appear to be for sale to the highest bidder. Once upon a time, I had an answer. Yes, thanks to our election laws, who contributes is public information so it becomes another element contributing to making decisions for whom we vote. That is no longer true. The Citizens United decision changed that by permitting corporations to contribute and to do it in the disguise of supporting some fine-sounding single-cause political action committee. That is the "dark money" reference we hear about.  We no longer have a way to know which piper is playing whose tune.

The recent Supreme Court decision was another serious blow to democracy in the Colorado ballot case. Claiming it was a federal matter, as the court did, was not the problem. What the Court did was to tell Congress they would have to pass laws to enforce the clause. of the 14th Amendment that kept insurrections from running for public office.  Hell will probably freeze over before that happens since Trump would benefit as would any similar power-hungry revolutionist from the left.   Colorado's decision to define Trump as an insurrectionist upheld by the State of Colorado's supreme court decision was left untouched by the US Supreme Court. The original court case was decided with due process to make the case, fairly., that Trump was an insurrectionist in trying to overturn the 2020 election he lost.  In short, the US Supreme Court tossed the ball into a trash can of political self-serving dealing.  It paved the way for anyone (including Trump) to lead a civil war or a more or less obvious insurrection to run for federal office, to be elected to office, and to continue his insurrection by other means, including undermining the institutions that get in his way by only appointing loyalists to him instead of to the rule of law.

The next dastardly anti-democracy, anti-voter rights step by the US Supreme Court would be to uphold in full and in part to agree that all presidents would have immunity from being prosecuted for crimes they commit while in office.  That would clearly be a license to kill opponents and to cheat and steal taxpayer money to feather their own nests of power and wealth.   Be aware of what you wish because what is good for the goose will be for the gander.  If democracy survives a second term of Trump. and wins immunity from being charged with crimes after his term for breaking the law while in office, any other future president from the left or the right will also have that immunity claim and protection.

In the meantime, anyone who tags Trump as an insurrectionist can now point to one court of law that defined him as one after a civil due process trial and appeals: the Colorado Supreme Court. Colorado could not enforce the federal constitutional 14th Amendment, per the US Supreme Court, but anyone who calls Trump an insurrectionist now has a basis in law to attack him with that designation.

The remedies are now left to Congress, to require political districts to be drawn by independent commissions in each state, to reverse those contribution provisions in Citizens United by requiring all political PACs to disclose their contributors and to define who, what, and how the 14th amendment clause concerning insurrectionists are to be enforced. Do not hold your breath. 

Wednesday, March 13, 2024

How the Supreme Court is contributing to democracy's demise

https://www.yahoo.com/news/key-takeaways-from-supreme-court-hearing-on-whether-trump-has-presidential-immunity-that-shields-him-from-criminal-trials-212849131.html       Will the Supreme Court try to slow walk democracy to death?Will history call the Supreme Court not the Roberts Court but the Trump Court? Will the Supreme Court be as just another legislative body like the current House's majority under the fearful spell and control of  Donald Trump? Will it every be viewed again as an objective  ruler on Constitutional issues?  That is the danger the current Supreme Court faces.

 Listening to the hearings and the loaded question the Court's majority ordered the two parties address in advance of the hearings, it was already clear they were trying to ship the question down to the purgatory of the lower court to delay any decision until after the November election.The hearings revealed the tactic.  If successful, the Trump majority would deprive Americans of the critical  information needed to make a rational judgment of the guilt or not of Donald Trump in the attempted January 6 coup and the fake elector's scheme that led to that fateful day. The indictment papers of the Department of Justice special prosecutor are not enough to convince fence sitters when they have to cast a ballot.. The final word should be the from the jury of Trump's peers and whether  voters will ever have a chance to hear both sides of the issue aired in the trial of the century or not before they mark their ballots.

 What it appears to me is that the Trump Court majority is attempting to bury the coup case and keep it from the eyes of public who need the information to make a rational decision.  Trump himself is not only trying to divert attention from the relevant case that could likely judge him a criminal  and with evidence exposed to the public in the middle of the campaign, but also to give himself cover for committing crimes if he ever gets into the White House again. That is the travesty being committed by  the Trump justices on Trump's behalf that is happening before our very eyes.

What was asked of the Court by Jack Smith was a simple question: Does Donald Trump have absolute immunity as Trump had  claimed in his defense or not in this particular case. What we saw were three Trump loyal justices quibbling over hypothetical theories that any president in the future would have immunity while doing "official acts,".  They rudely cut short any attempt by non-Trump justices to apply their decision to the case at hand.  It was a Trump supporting campaign tactic, not a Court considering the Constituional relevance or application.  

What happened in the Justice's question period is that one of their own conservative justices, a Trump appointee,Amay Coney Barette brought the hearing down to the earth to consider the  actual case before them. She  read off some of key charges in Smith's case and asked whether these were public or private acts..What Trump attorneys had to admit they were nearly all private acts.If that's the case,  why quibble over the public vs private debate when it is virtually irrelevant to this particular case? The obvious answer, it will delay the chance the public will ever get a jury verdict or hear the elements before the November election by referring their 'questions" back to the appeals court.

 Criminal acts can be committed while doing public acts and private one and the president does not have immunity in either case. In fact,what separates whether any act is a crime depends of the prosecutor proving defendants intent to break the law,, not whether it is done in an official capacity or a private one. In short, while committing an official act, a crime can also be committed. There is or should be no cover to commit a crime by calling it 'official act".  But I am not a lawyer, just a lay person, but I sense that there is a partisan tactic to muddy the waters and delay, delay any jury hearing the case and deciding guilt or innocence. . What is forgotten in the quibbling is that for a defendant to be found guilty  crimes mustof a crime, the test is not whether it was a public or private act,but a jury needs to find proof beyond a reasonable doubt that there was  proof of  intent to break the law,  whether or not  it was committed while doing an official act or a private one.  

This April 26  hearing  about a specific, historic case, it is not the only an example of  how a Supreme Court could contribute to democracy's demise., but there are examples of how it has already done so.. Below, excerpts from some of my other blog postings on the subject.

 How the Supreme Court has unintentionally contributed to a feared democracy's demise is disturbing for those of us who love our country both when we win politically and when we lose. The three most US Supreme Court acts or inactions in my mind are the Citizens United ruling that permitted dark and secret campaign contributions, the ruling overturning the recent Colorado ballot case that inadvertently gave a permission slip for any failed insurrectionist or civil war participant to run for federal office, plus the Court greenlighting political gerrymandering by declining to restrict it, making legislative compromises nearly impossible and empowering extremists. 

 The recent Colorado ballot decision gave the green light for any candidate who loses a civil war or an insurrection to come back as an elected office and abuse, and sabotage institutions that stood in the wannabe tyrant's way. The  US Supreme Court claimed political gerrymandering was not in their ability to rule, unlike race-based gerrymandering which they could.  In so doing, the Supreme Court permitted the pernicious practice of drawing legislative and congressional district lines to give one or the other political party to carve out safe districts stacked for their party. This, in turn, ensures only the most hardliners and party loyalists get to go to a general election and to avoid being "primaried", the threat most elected officials fear the most.  It is party discipline gone berserk and it ensures compromises are never reached, giving voters in a general election a choice between usually two extreme candidates.

 When in conversations with my European friends and relatives they mention how corrupt our elections system is because of the money pouring into it, making elected officials appear to be for sale to the highest bidder. Once upon a time, I had an answer. Yes, thanks to our election laws, who contributes is public information so it becomes another element contributing to making decisions for whom we vote. That is no longer true. The Citizens United decision changed that by permitting corporations to contribute and to do it in the disguise of supporting some fine-sounding single-cause political action committee. That is the "dark money" reference we hear about.  We no longer have a way to know which piper is playing whose tune.

The recent Supreme Court decision was another serious blow to democracy in the Colorado ballot case. Claiming it was a federal matter, as the court did, was not the problem. What the Court did was to tell Congress they would have to pass laws to enforce the clause. of the 14th Amendment that kept insurrections from running for public office.  Hell will probably freeze over before that happens since Trump would benefit as would any similar power-hungry revolutionist from the left.   Colorado's decision to define Trump as an insurrectionist upheld by the State of Colorado's supreme court decision was left untouched by the US Supreme Court. The original court case was decided with due process to make the case, fairly., that Trump was an insurrectionist in trying to overturn the 2020 election he lost.  In short, the US Supreme Court tossed the ball into a trash can of political self-serving dealing.  It paved the way for anyone (including Trump) to lead a civil war or a more or less obvious insurrection to run for federal office, to be elected to office, and to continue his insurrection by other means, including undermining the institutions that get in his way by only appointing loyalists to him instead of to the rule of law.

The next dastardly anti-democracy, anti-voter rights step by the US Supreme Court would be to uphold in full and in part to agree that all presidents would have immunity from being prosecuted for crimes they commit while in office.  That would clearly be a license to kill opponents and to cheat and steal taxpayer money to feather their own nests of power and wealth.   Be aware of what you wish because what is good for the goose will be for the gander.  If democracy survives a second term of Trump. and wins immunity from being charged with crimes after his term for breaking the law while in office, any other future president from the left or the right will also have that immunity claim and protection.

In the meantime, anyone who tags Trump as an insurrectionist can now point to one court of law that defined him as one after a civil due process trial and appeals: the Colorado Supreme Court. Colorado could not enforce the federal constitutional 14th Amendment, per the US Supreme Court, but anyone who calls Trump an insurrectionist now has a basis in law to attack him with that designation.

The remedies are now left to Congress, to require political districts to be drawn by independent commissions in each state, to reverse those contribution provisions in Citizens United by requiring all political PACs to disclose their contributors and to define who, what, and how the 14th amendment clause concerning insurrectionists are to be enforced. Do not hold your breath.