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I made the decision to listen to the SCOTUS hearing yesterday. I had lots of emotions in reaction to it, but the overriding one had to do with a sense of dread. Followed by a nagging thought: “Is there any common sense left on the bench that Trump built anymore?”
The ongoing activist agenda of the Federalist Society was on full display for all to see. Thanks to the McConnell sleight of hand, the “constructionist” super-majority is still busy, remaking American Laws in their own image. From the right to privacy, to the right to equality, to the very right to vote — no established principle of freedom and fairness, is safe from their “constitutional tinkering.”
After listening to hours more commentary on this SCOTUS debating society session, it wasn’t until I heard Senator Sheldon Whitehouse’s take on it, when the cause of my amorphous dread snapped into clear focus. The good senator appeared on Lawrence O’Donnell’s show last night, with several valuable insights. But the one that struck home with me was his excoriation of Justice Gorsuch’s high opinion of hisself.
This was on display during his ‘brainstorming’ for ‘finding the time to deliberate’ — in order to define the rules which delineate between the “Official and Private acts of the President.” Or as Justice Gorsuch succinctly put it, “We are defining this one writing a rule for the ages.”
It was precisely that last sentiment that served as the jumping off point for Senator Whitehouse’s critique:
Gorsuch and his constructionist cohorts have forgotten what their role is — which is precisely to decide the question before them: Does former president Trump have Full Immunity or not?
They are not supposed to legislate “new rules” from the bench — that’s the job of Congress.
They are not supposed to “amend the Constitution” to correct the Founders’ omissions — that’s the role of the States and the Amendment Ratification process.
The Supreme Court is supposed to decide on sticky-wicket cases before them; to rule for or against the rights being claimed and asserted. Their role is NOT to take every case as a opportunity to rewrite the Laws in their own conservative image.
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[ As requested: That ends my paraphrased “recollection” of Whitehouse’s response to Gorsuch’s line of questioning. See the “We are writing a rule for the ages,” link for more in-depth SCOTUS quotes. What follows next are my reactions and interpretations of the conversation that followed between Sheldon and Lawrence. Nothing here should be taken as verbatim transcripts, but rather as my reaction rant to what I heard yesterday, as alluded to in the intro. Once the O’Donnell interview becomes available, from behind the MSNBC paywall, I will try to link it here:
Link: “ ‘High priest of policy’: Sen. Whitehouse slams ‘pompous’ Gorsuch on Trump immunity”
Lawrence O’Donnell, The Last Word, MSNBC — 4/25/2024.
Sen Whitehouse goes after Gorsuch at the 2 minute mark. The clip seems to have ended abruptly, before the end of their discussion, from what I recall.]
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There are very time-sensitive accountability issues that hinge on their speedy Yay or Nay decision here. Issues as weighty as Bush vs Gore, issues that go to the core of how our democracy functions, how accountability is accorded, how history will judge the Roberts Supreme Court.
This is not the time for “kicking the can” down the ever-winding deliberations road. This is a time for letting the legal process to continue, without yet even more frivolous delays and interruptions.
The Founders did their best to escape an unaccountable monarchy. Now only to see the modern-day Trump-installed court, do their damndest to enable that next “self-proclaimed dictator, on day one.”
As with the ticking logjam of the contested Election of 2000, time is of the essence — if America is to once again escape the “the rule of kings.” If we are to let the People, have an informed voice and vote, in our own common democratic destiny.
The time for “counting the number of angels dancing on a pin” — ie. endless deliberations — should be over; given the conspiratorial events, we the entire nation watched in horror, and yet somehow survived, during the Certification of the last Election. This is no time for tinkering “history-making,” or leaving-their-marks deliberations. This is a time for swift and decisive action:
Yay or Nay, what say ye? Is Trump entitled to total immunity or not? That is the decision before this pathetic foot-dragging, thumb-on-the-scales, openly-activist court.
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