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March 03, 2024 11:20 PM UTC

Monday Open Thread

  • by: Colorado Pols

“Specialists are people who always repeat the same mistakes.”

–Walter Gropius


19 thoughts on “Monday Open Thread

  1. As much as I despise the morbidly obese traitorous dotard (I could easily go longer), the SCOTUS ruling was unanimous and not partisan like I sort of expected, resting as I think I understand on Section 5 of the 14th Amendment.

    So far as we can tell, they object only to our taking into ac-
    count the distinctive way Section 3 works and the fact that
    Section 5 vests in Congress the power to enforce it.

  2. " The media is the most powerful entity on earth. They have the power to make the innocent guilty and to make the guilty innocent…."

    Malcolm X

    1. Yet another topic with a skew on the complex power of the media.  There is a world of difference within the meaning of "guilty" and "innocent."

  3. As predicted, SCOTUS will allow Trump to remain on the states' primary ballot.  I'll leave it for the lawyers on this site to determine if this is also the case for the general election (I presume it is, although perhaps a new lawsuit is still in order).

    So the net effect that I see is that treason is now essentially as trivial as a parking ticket, as long as you are a Republican who has made it abundantly clear they will ignore and/or violate the constitution at will, should they gain the office of POTUS.  So everyone that thinks elections don't matter, and Biden is too old, just sit on your thumbs this election and complain when things aren't perfectly to your liking.


    1. Neal Katyal's analysis: 

      It’s a win for Trump. At the same time, remember that the Supreme Court’s decision today did not do what Donald Trump had asked: clear him of insurrection. The Colorado court found that he so was, and Trump had an entire section of his SCOTUS brief arguing he was peaceful on 1/6. The Court didn’t do what he asked; it did not clear him. And the act’s decision leaves space for his criminal trial about Jan 6 to proceed, should the Court dispose of the other Trump immunity case quickly in the Spring (as it can and must). The Court took 25 days to render this decision. Anything longer in the immunity case would be deeply inconsistent with what it did here.

      1. And yet we all expect some blathering from Donny today about how this Supreme Court ruling is a complete and total exoneration of all crimes he's been so unjustly accused of, etc. etc. blah, blah, blah.

  4. Important point of clarification, this was a unanimous judgment, not a unanimous opinion.  There were only 5 justices joining fully in the opinion of the Court (Roberts, Thomas, Alito, Gorsuch, and Kavanaugh).  Barrett joined in the opinion except for part II-A, and wrote a silly little paragraph about bringing down the national temperature.  Sotomayor, Kagan, and Jackson issued an opinion concurring in the judgment only, meaning they agreed with the result, but not with the Court's reasoning in the opinion of the Court.  The result matters most to the uninformed.  But the reasoning is more important for the future.  

    1. Thoughts, spaceman?

      Richard Painter posed some thoughts on a commentary this morning: 

      The Court has held that it's the task of Congress, not the states, to enforce the insurrection clause of the 14th Amendment. In 2021 the House voted 232-197 charging Donald Trump with incitement of insurrection. The Senate voted 57-43 that he was guilty.

      Trump was not convicted under the impeachment clause although a majority of each house voted that he was guilty. 2/3 of the senate is required to convict.

      The question is where that puts us under 14th Amendment Section 3 which does not require a supermajority vote to disqualify.


      Also, (wondering out loud) if Section 3 isn’t self executing, what does that mean for the 22nd with regard to a 3rd term?

      1. I though the majority went too far by doing what originalists do, cherry-picking history.  In the Civil Rights Cases in the 1880s, the Supreme Court said the 14th Amendment was self-executing.  This case carves out an exception for Section 3 of the 14th Amendment, which is untenable in my view.  The Sotomayor-Kagan-Jackson concurrence in the judgment rightly criticized the opinion of the court for insulating insurrectionists.  Barrett's short partial concurrence–she didn't join section II-A of the opinion of the court–basically said "we don't need to reach the section 5-section 3 issue here, so we shouldn't."  While I agree with her on that, I thought her "let's all get along" paragraph was pathetic.  I am less troubled by the result than I am the majority's opinion, particularly where Congress is dysfunctional.  

  5. The only force that can prevent the MAGA insurrection, at this point, is the voters in the general election. Trump now completely owns the Republican party and the Supreme Court.

    So much for the army of "reasonable and moderate Republicans" we were told would arise and put Trump in his place. Maybe it is time for CHB to admit he was wrong and decide to vote for a Democrat. But, admitting they were wrong isn't something Republicans do very well.




  6. Less than a month ago Alina Habba ripped Judge Engoron for suggesting Trump's former CFO committed perjury in his trial testimony, he pleads guilty to committing perjury and is sentenced to 5 months in jail.

    If there were such a thing as" the Biden Org" and the CFO went to prison for fraud, and then was headed back to prison for committing perjury after lying at a trial that cost Biden half a billion dollars, the internet would explode.

    But it's the Trump Org, so it's just another Monday.


    1. I am in agreement with Rachel Bitecofer about Democrats and their weak-kneed response to the tidal wave of mendacious misinformation that is the MAGAT stock and trade. No more defending against their lies. It is time to go on the offensive.

      The Republican party is now fully and completely a fascist organization of traitors to America. There are NO GOOD ONES LEFT. If you are still a registered Republican, you are MAGA. You disgrace your citizenship by supporting an authoritarian government led by an atheist megalomaniac who will kill to have his way. How many American operatives died in the weeks following Trumps’ first meeting with his mentor, Vladimir Putin. Trump gave Putin their names.

      Trump has no ethics,…no morality…and absolutely no love for his nation or anyone in it. He is a disgusting, self-obsessed tyrant who will let thousands die without a second thought. It is clear the Supreme Court will do nothing to stop him. It is up to us.

      1. Well said, Duke. The GOP is beyond hope. And the Democrats better put on their "big boy" pants and fight like hell for the future of this country.

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