Tag: U.S. Supreme Court

The Decline and Fall of the U.S. Supreme Court

personby Nancy Jane Moore
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The U.S. Supreme Court just tossed aside its last scrap of legitimacy. You don’t have to have gone to law school or practiced law to know that the argument that Trump is “immune” from criminal charges is legally hogwash.

A basic tenet of a democracy is that no one is above the law and that certainly applies in the case of a grifter who tried to hang onto the presidency after he lost the election and now wants to be dictator.

If you want the legal arguments, the U.S. Court of Appeals for the D.C. Circuit made it abundantly clear in its ruling. You can read that here.

All the Supreme Court had to do was say no and let the D.C. Circuit ruling stand. Instead, they set it for argument two months out. Even if at least five of them come to their senses and rule against Trump, the trial on his actions in the January 6 insurrection will be pushed off until the fall, with the presidential election looming in November.

I note that Brazil has taken much more concrete action against Jair Bolsonaro, who used similar tactics when he was defeated in their 2022 election. His supporters stormed government buildings in January 2023; by June 2023 the Brazilian courts had blocked him from running for office again until 2030.

It was only in 2023 that prosecutors finally got around to indicting Trump for his actions in 2021, and now our Supreme Court is helping him delay trial.

I once would not have expected Brazil to do a better job of dealing with wannabe dictators than the United States, but the last few years have cured me of any belief in American exceptionalism.

They’ve also cured me of believing in the Supreme Court.

Continue reading “The Decline and Fall of the U.S. Supreme Court”…

Insurrectionists and the Supreme Court

personby Nancy Jane Moore
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The Colorado Supreme Court has ruled by a vote of 4-3 that Donald Trump cannot appear on the Republican primary ballot in that state because he is disqualified under the 14th Amendment to the U.S. Constitution.

The relevant part of the 14th Amendment says:

No person shall be a Senator or Representative in Congress, or elector
of President and Vice President, or hold any office, civil or military,
under the United States, or under any State, who, having previously
taken an oath, as a member of Congress, or as an officer of the United
States, or as a member of any State legislature, or as an executive or
judicial officer of any State, to support the Constitution of the United
States, shall have engaged in insurrection or rebellion against the
same, or given aid or comfort to the enemies thereof. But Congress
may by a vote of two-thirds of each House, remove such disability.

It’s a long ruling – 134 pages for the majority opinion alone – and very thorough. It even quotes a ruling by Justice Gorsuch from back when he was a judge on the U.S. Court of Appeals for the Tenth Circuit. Of course, it’s only the opinion of one state supreme court out of fifty.

Even the legal analysts who think the Colorado court is right are pretty sure the U.S. Supreme Court is going to overturn it. And many of them are also arguing that even if the Colorado court is right on the facts and on its interpretation of the Amendment – and I think they are – it would still be better to defeat Trump’s authoritarian extremism at the ballot box rather than in the courts.

They have a point, but I disagree. I don’t think it’s good for the country to allow a vote on its destruction and that is precisely what we get if Trump is allowed to run.  Our fundamental democracy should not be put up for a vote.

We settled this matter by putting down the rebellion in our Civil War that ended in 1865. We passed the 14th amendment after that to make sure that those who were part of an insurrection could not hold political office. We also passed it, along with the 13th and 15th, to change some of the fundamental rules of our country that were adopted in compromise with enslavers when the Constitution was first written.

We should not have to fight that battle again. The fact that we are struggling with these issues 150 years after the decisive victory over the rebel states in the Civil War is due to our politicians and our courts not following through on either Reconstruction or those three significant amendments that expand the rights of all Americans. Continue reading “Insurrectionists and the Supreme Court”…

Rethinking All the Rules

personby Nancy Jane Moore
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On the first day of our constitutional law class, a hundred or so of us assembled in a large classroom set up something like a theater, with two long rows of steps down to the platform and podium used by the teacher. It was the beginning of the second semester of our first year and we had survived thus far, so we were cocky enough to be talking noisily.

Then the professor came in: Charles Alan Wright, whose name graced various textbooks, who argued regularly before the Supreme Court, and who was particularly noted at the University of Texas law school for coaching the aggressive intramural football team the Legal Eagles. By the time he reached the front of the room, you could have heard a pin drop.

He looked around at us and then said, in a mild voice, “Would someone please give us the case of Marbury v. Madison?”

Now anyone in that room could have explained Marbury v. Madison. Hell, we learned about it in high school. Plus we were law students, legal nerds by definition.

For those who’ve forgotten high school or who aren’t from the US, it’s the case where Chief Justice John Marshall ruled that the Supreme Court can weigh in on the constitutionality of laws and actions by other branches of government. It’s a gimme question. Wikipedia has a good explainer on the case.

Yet everyone else in the room breathed a sigh of relief when Mr. Timmons raised his hand and gave the answer. That’s just how intimidated we were by the professor and by the importance of constitutional law.

Here’s the thing, though. The one thing that didn’t occur to any of us was to question whether Marbury was a good idea. I mean, it would have been like questioning the gospels in a Baptist Sunday school.

Professor Wright certainly didn’t raise the point. I doubt he ever questioned it. But after the last few rulings of the current Supreme Court, it’s pretty clear that allowing a group of unelected lifetime political appointees to be the sole arbiters of what’s constitutional is one of many flaws in our system. Continue reading “Rethinking All the Rules”…