Tag: Supreme Court

Obama Nominates Bush-friendly Corporatist to Supreme Court

From the article: Obama Supreme Court Nominee Endorses Indefinite Detention:

Elena Kagan told Sen. Lindsey Graham (R-SC) last year she backed the Obama Administration’s policy of “indefinite detention.”

From the article: Shafting progressives:

For more than 15 months, evidence has mounted that President Obama routinely combines progressive rhetoric with contrary actions. As one bad decision after another has emanated from the Oval Office, some progressives have favored denial — even though, if the name “Bush” or “McCain” had been attached to the same presidential policies, the same progressives would have been screaming bloody murder.

But enabling bad policies, with silent acquiescence or anemic dissent, encourages more of them. At this point, progressive groups and individuals who pretend that Obama’s policies merely need a few tweaks, or just suffer from a few anomalous deficiencies, are whistling past a political graveyard.

If President Obama has his way, Elena Kagan will replace John Paul Stevens — and the Supreme Court will move rightward. The nomination is very disturbing, especially because it’s part of a pattern.

The White House is in the grip of conventional centrist “wisdom” [Neocon/Corporatist]. Grim results stretch from Afghanistan to the Gulf of Mexico to communities across the USA.

It turns out, by the way, that oil rigs today generally don’t cause spills,” President Obama said in support of offshore oil drilling, less than three weeks before the April 20 blowout in the Gulf.

One can almost hear those exact same words of absurdity tumbling (or bumbling) out of the mouth of George W. Bush.

On numerous policy fronts, such conformity to a Neocon/Corporatist baseline has smothered hopes for moving this country in a progressive direction. Now, the president has taken a step that jeopardizes civil liberties and other basic constitutional principles.

“During the course of her Senate confirmation hearings as Solicitor General, Kagan explicitly endorsed the Bush administration’s bogus category of ‘enemy combatant,’ whose implementation has been a war crime in its own right,” University of Illinois law professor Francis Boyle noted last month. “Now, in her current job as U.S. Solicitor General, Kagan is quarterbacking the continuation of the Bush administration’s illegal and unconstitutional positions in U.S. federal court litigation around the country, including in the U.S. Supreme Court.”

Boyle added: “Kagan has said ‘I love the Federalist Society.‘ This is a right-wing group; almost all of the Bush administration lawyers responsible for its war and torture memos are members of the Federalist Society.”

The departing Justice Stevens was a defender of civil liberties. Unless the Senate refuses to approve Kagan for the Supreme Court, the nation’s top court is very likely to become more hostile to civil liberties and less inclined to put limits on presidential power.

Here is yet another clear indication that progressives must mobilize to challenge the White House on matters of principle. Otherwise, history will judge us harshly — and it should.

From the article: Kagan Pro-Tribunal, Anti-Justice Record

Kagan opposed legislation designed to prevent terrorists convicted in military tribunals from using civilian courts to challenge their arbitrary convictions.

She even compared Congress’s effort, on a bipartisan basis, to clarify the laws governing the War on Terror to the “fundamentally lawless” actions of a “dictatorship.”

This is going to be a judge with a Cheney-esque, authoritarian, pro-detention, anti-Habeaus Corpus, pro-Torture(?), illegal Worldview.

Morning Migraine: It’s Elena Kagan for the Supremes

President Barack Obama, on a roll after his Attorney General floated the idea to the Sunday morning talkie tubes that the Miranda rule should be optional in the War on Terra, had his anonymous spokesperson let loose with the news late this evening that Elena Kagan would be his Supreme Court pick to replace retiring Justice John Paul Stevens.

Elena Kagan, a Clinton era leftover,former Dean of Harvard Law School, and current Solicitor General, would be the 3rd female on the Supreme Court at the same time, which presumably would signal the Beginning of the End Times for certain fundamentalists.  Kagan has never been a judge.

Like most things in the Obama administration which start out sounding wonderful, there has to be a catch:


http://www.msnbc.msn.com/id/36…

Her nomination is unlikely to cause a damaging fight in the Senate ahead of congressional mid-term elections in November or distract the Obama administration from other issues like jobs, financial regulation and climate change legislation.


http://firstread.msnbc.msn.com…

Has plenty of ties to Obama and his administration. In addition to being solicitor general, was hired by chief White House economics adviser Larry Summers to be dean of Harvard Law School. And while at the University of Chicago, Kagan tried to recruit Obama — then a part-time lecturer in constitutional law — to a full-time job in academia.

***  Seven Republicans voted for her confirmation: Coburn (OK), Collins (ME), Gregg (NH), Hatch (UT), Kyl (AZ), Lugar (IN), Snowe (ME). Newly minted Democratic Sen. Arlen Specter voted against her.

Won praise — from both liberals and conservatives — during her tenure as dean of Harvard Law. Hired some of the best law professors in the country, including Obama friend (and administration official) Cass Sunstein of the University of Chicago.

Larry Summers, Orin Hatch, and Cass Sunstein.  It’s like the Bermuda Triangle.

And Arlen Specter doesn’t like her, but remember, the Tea Party hates Arlen Specter.

One reason why she’s the nominee:


http://www.thedailybeast.com/b…

Yesterday, I read everything Elena Kagan has ever published. It didn’t take long: in the nearly 20 years since Kagan became a law professor, she’s published very little academic scholarship-  three law review articles, along with a couple of shorter essays and two brief book reviews. Somehow, Kagan got tenure at Chicago in 1995 on the basis of a single article in The Supreme Court Review-a scholarly journal edited by Chicago’s own faculty-and a short essay in the school’s law review.

…. joining Harvard as a visiting professor of law in 1999. While there she published two articles, but since receiving tenure from Harvard in 2001 (and becoming dean of the law school in 2003) she has published nothing. (While it’s true law school deans often do little scholarly writing during their terms, Kagan is remarkable both for how little she did in the dozen years prior to becoming Harvard’s dean, and for never having written anything intended for a more general audience, either before or after taking that position.)

Kagan’s handful of publications touch on topics like regulating offensive speech, analyzing legislative motivations for speech regulations, and evaluating the process of administrative law-making. But on the vast majority of issues before the Court, Kagan has no stated opinion. Her scholarship provides no clues regarding how she would rule on such crucial contemporary issues as the scope of the president’s power in wartime, the legality of torture, or the ability of Congress to rein in campaign spending by corporations.

Chalk it up as Incidental Costs — 4 Days Profit is a Bargain

March 24, 2009

RIKI OTT:  […] Exxon promised to make us whole. You know, “You’re lucky you have Exxon.” We hadn’t even gone to court by 1993. We had fish run collapses, bankruptcies, divorces, suicides, you know, domestic violence spikes, substance abuse spikes. The town was just unraveling. And we were waiting for somebody to help us: the State of Alaska, the federal government, the court system, Exxon. Nobody. And–

AMY GOODMAN: There were 33,000 plaintiffs.

RIKI OTT: There are 32,000 claims, 22,000 plaintiffs.

[…]

AMY GOODMAN: You’ve said that is not just an environmental disaster, but a crisis in democracy.

RIKI OTT: It is a democracy crisis. The question we started asking as our lawsuit went on and on and on, and we didn’t get paid, was how did corporations get this big, where they can manipulate the legal system, the political system? What happened here?

[…]

AMY GOODMAN: How many animals died?

Riki Ott, author, community activist, marine toxicologist and former fisherma’am. She is author of Not One Drop: Betrayal and Courage in the Wake of the Exxon Valdez Spill.  

Judge Thomas’ Wife Joins TEA PARTY

No, this is not snark or a joke.

Supreme Court Justice Clarence Thomas, who was in the majority opinion of the Citizens United vs. Federal Election Commission case whereby the court ruled that Corporations have the same rights as individual humans to free speech, that limiting money limits free speech, so therefore they can give unlimited money to campaigns,

has a wife named Virginia (Ginni) Thomas, who just started a Tea Party group.

http://www.latimes.com/news/na…

The group is a “non profit” called Liberty Central Inc.

http://libertycentral.org/

Liberty Central.org, where like minded people gather to preserve freedom in America.

She intends to take donations and issue score cards on political candidates.  She used to work for the Heritage Foundation and Dick Armey. (Armey now is chairman of Freedomworks, which is an astroturfing org masterminded by Koch Oil’s David Koch, who also runs Americans for Prosperity.) http://en.wikipedia.org/wiki/F…  Freedomworks is Tea Party, and harrassed Democrats at August town hall meetings in 2009.

On the endorsements page of Thomas’ new lobbying group, the first gush of lying spin blather goes:


What Others are Saying about Liberty Central…

“Liberty Central, with its focus specifically on training grassroots activists interested in returning the country to its founding principles, is a necessary component of a successful, long-term conservative revolution. With its intent to serve a broad coalition of grassroots organizations, and a long term view of the new conservative revolution, Liberty Central is an organization worthy of every conservative’s support.”

Mark Meckler / Jenny Beth Martin, Co-Founders / National Coordinators, Tea Party Patriots

Mark Meckler is a Republican political front guy operative based in the Sacramento Northern CA area, and has done and been paid for Tea Party appearances for Russo Marsh & Rogers/ Move America Forward, the Republican PR firm which does Swiftboating and Smear campaigns, besides being the publicists for Kurdistan in Northern Iraq.  RMR/MAF is also known for their “Thank You Sarah Palin” campaign, their Tea Party anti health care reform Bus Tours featuring the anti Muslim bigot radio jock Mark Williams, and the “You Don’t Speak for Me” campaign featuring their own pit bull in lip gloss, Deborah Johns, “Pentagon Liason,”  who attacks peace activists.  Meckler is also involved in the Million Mormons on Facebook, which is loaded with whacky Glenn Beck devotees who think all government activities are anti Christian conspiracies designed to turn them into communists.  See links in this story

http://www.dailykos.com/story/…

One of Meckler’s many Tea Party locations, see how it says “non partisan?” –  no, Republican

http://www.facebook.com/group….

The Tea Party logos on the Liberty Central site matches the one on Mark Meckler’s facebook page.  They claim to be:

misunderstood and mischaracterized by much of the mainstream media. “New citizen activists have been cast as ignorant, intolerant or a radical fringe by many in the media. The facts are now demonstrating that the mainstream media is wrong and ordinary citizens are up against biased elitists who are not seemingly interested in the truth.” said Virginia Thomas, President and CEO of Liberty Central …..  

Since I live in Tea Party ground zero, which is older, very wealthy Republicans manipulating anti tax populist anger combined with LDS Ron Paulian Libertarians who pretend we have no government as they collect on Medicare or work for the government, and I have witnessed Tea Party activity, let me tell you that the MSM is being too soft on them.  The MSM likes to pretend they are grassroots nutters, when they interview the hapless front guys,  when they are really Oil, Defense Contractor, Tobacco and Pharma Money, and Republicans with just another angle working.  But they endeavor to bring out the worst of human emotions, fear, selfishness, racism, and greed.

You know what “grassroots is?”  It’s not Koch Oil and others, spending millions donating to a 501(c)(4) anonymously, fronting anti tax protestors to kill health care reform, keeping the mid east mercenary drone wars going, and stopping any energy policies that would cut carbon emissions and lesson the use of petrochemicals.  Add in this political “non profit” being run by a wife of a Supreme Court Justice, and we have the Supreme Court BUYING OUR ELECTIONS OUTRIGHT for the highest bidder of their services.

Jenny Beth Martin likes to make up stories about her self being just a plain, aw shucks sort of grassroots type of girl, and neglects that part on her resume where she worked for Republicans or that her failed business owes the IRS a half million dollars.   http://tpmmuckraker.talkingpoi…

Can you say Republican neocon war “grifters?’  Sure you can.

Can you say “conflict of interest ? for Supreme Court Justice Clarence Thomas?”  

per a law professor


“There is opportunity for mischief if a company with a case before the court, or which it wants the court to accept, makes a substantial contribution to Liberty Central in the interim,” he said.

Justice Thomas would be required to be aware of such contributions, Gillers said, adding that he believes Thomas should then disclose those facts and allow parties in the case to argue for recusal.

But it would be up to Justice Thomas to decide whether to recuse himself. He could not be reached for comment.  

http://www.latimes.com/news/na…

The LA Times story says Ginni Thomas is “intrigued by Glenn Beck and listening carefully.”

Here’s another endorsement of  Ginni Thomas’ LibertyCentral.org


Leaders committed to smaller government, fiscal prudence, and a strong national defense will be returning to Washington D.C., and I am confident that Ginni Thomas will be part of the reason it will happen.”

Donald Rumsfeld, former Secretary of Defense  

Neglects to say it was Sec of Defense under George W. Bush, the Rumsfeld who went to war with the Army he had instead of the Army he should have planned for a peaceful Iraq occupation, which he totally effed up, who quit on the day after the Nov 2006 election. Amen.

2 more endorsements for Ginni’s little Tea Party fundraising for political campaigns:

Morton C. Blackwell, President, The Leadership Institute  http://www.sourcewatch.org/ind…   The “Leadership Institute”  does weekend workshops and pronounces its “graduates” as having journalism degrees  (think James Guckert, the male hooker and fake reporter for Talon News (Bobby Eberle) who pitched softball questions at WH press briefings under Rove and Bush )  Blackwell is a co founder of the Moral Majority.   Think also, the dreadful Barton kid and ex Minuteman who did the “wore his uniform to a war protest with a hanging effigy” and other ads for Russo Marsh Rogers/MAF and Tom McClintock. (Barton has been paid by Russo Marsh Rogers/MAF PACs)

Edwin J. Feulner, President, The Heritage Foundation http://en.wikipedia.org/wiki/T…  Right wing think tank full of  Reaganites and supply sided trickle down economics.  Heritage had gotten money from Joseph Coors, Olin foundation, Scaife, DeVos, (think Amway, Prop 8 and Blackwater, that family) and Bradley foundations, in 2007 they got 48.7 million dollars per wikipedia.  Edwin Feulner was connected to the Abramoff scandal thru his co founding Belle Haven Consultants, which took Malaysian oil money and laundered it thru a non profit run by Tom Delay’s friends, and ended up bribing Republicans in the Bush administration with it.  http://www.calitics.com/diary/…    http://www.dailykos.com/commen…  (How Jack Abramoff started lobbying for Malaysia only a few days after 9/11/2001, and how ex Rep. John Doolittle was involved )

The LA Times says “although Liberty Central is a non partisan group…..  ”

Non partisan ?  

CUT THE NONSENSE, LAT !  Have you every heard of politcal blogs, or teh google?   The Tea Party is 100% Republican.   What part of Supreme Court Palace Coup did you just miss ?

Clarence Thomas should be impeached and removed from the Supreme Court.  

Quietly Sanctioning Prison Beatings

Clarence Thomas may not have spoken in oral arguments at the Supreme Court in more than four years, but this morning Linda Greenhouse writes in the New York Times about Thomas’s consistent, twice repeated argument that the Eighth Amendment does not proscribe “harsh treatment”, including beatings of prisoners.  You read that correctly.  Prison beatings, according to Justice Thomas, aren’t forbidden by the Eighth Amendment. And presumably, neither are stress positions, sleep deprivation and other forms of torture.  And as if that position were not repulsive enough, Thomas apparently wants it to be adopted by the new majority of the Supreme Court.

TAG THE COURT!

US_Supreme_Court copy

(This diary was originally posted as a comment on the Wall Street Journal’s website.)

Chief Justice Roberts’ concurrence with the majority  opinion in Citizens United is extraordinarily simple.

“-the Act violates the First Amendment, because it prohibits political speech.”

http://www.supremecourtus.gov/…

(The “Act” is of course the Bipartisan Campaign Reform Act of 2002(BCRA))

No prohibition of political speech! And obviously this simple principle applies most directly to the public domain, like public streets and the airwaves. I can wave a sign on the street and corporations can advertise on TV, and so could I, if only I could afford $100K (or more!) per minute to “speak.”

But what I can afford is a can of spray paint, and the facade of the Supreme Court Building, so beautifully designed by Cass Gilbert in the Beaux Arts style in 1932, still belongs to the public, in spite of so much determined effort by Republicans to privatize everything in Washington.

And according to the simple principle so clearly enunciated by Chief Justice Roberts in his concurring opinion, no law can prohibit my “political speech” in the public domain, and in particular, on the facade of the Supreme Court, expressed in flaming orange letters 10 feet high.

“CLARENCE THOMAS IS A MORON!”

“ANTONIN SCALIA IS A TORTURE-PIG AND PERVERT!”

Orange letters 10 feet high!

“DICK CHENEY SHOULD BE HANGED FOR WAR-CRIMES!”

And I’m sure that every reader and employee of the Wall Street Journal will support my “political speech” on the facade of the Supreme Court, because Chief Justice Roberts is always right (FAR RIGHT!) and no law can prohibit “political speech” in the public domain!

Wall Street CEOs Organizing To Buy U.S. Elections

The January 21 Supreme Court decision [.pdf] in the Citizens United v. Federal Election Commission case lifted bans on corporate spending for campaign finance, drawing heavy criticism from across the country for the ruling’s potential to undermine the American democratic process.

Now with that ruling in their back pockets, “[a]t least half a dozen leaders of the Republican Party have joined forces to create a new political group with the goal of organizing grass-roots support and raising funds ahead of the 2010 midterm elections, according to people familiar with the effort”, says the Wall Street journal in an article January 30.

The Supreme Court ruling could potentially allow the group, called the American Action Network, to take unlimited contributions from corporations for use in political campaigns.

Utopia 18: The Long Now

Death comes to all, but great achievements build a monument which shall endure until the sun grows cold.

Ralph Waldo Emerson

Prop. 8 Trial – Part One: Background

There’s no possible way to fit all of this in one post. I’ll start here and write a series summarizing the trial and what I predict will happen. I’ll start with some background for the trial.

First let me make clear, I’m not a lawyer. I’m just an interested gay person who thinks this trial will affect all our lives. I don’t even live in California. I’m pretty inquisitive and if I say something, I’ve researched it quite a bit, but that doesn’t mean I’m not wrong. I’m not completely confident that I’ll get all the legal aspects right and if anyone wants to comment to correct errors, please feel free.

Two gay couples in California, one male couple and one female couple, attempted to get married in California, but were denied a marriage license since Prop. 8 had passed, limiting marriages in California to one man and one woman. They decided to combine their cases and sue the Governor and the Attorney General, along with a few others in federal court. Kristin Perry is the name on the case, so it is called Perry v. Schwarzenegger.

Utopia 18: The Long Now

Death comes to all, but great achievements build a monument which shall endure until the sun grows cold.
Ralph Waldo Emerson

The Path We Must Take

If Dr. King hadn’t been assassinated for speaking truth to power, if he was here today, if he was at the Lincoln Memorial again, looking out at that corporate capital of deceit and corruption, what would he say, what would he ask us to do?

He’d ask us to overcome our fear, he’d call for mass protests and civil disobedience, he’d explain why it’s necessary, just as he did in 1968 . . .  

If you have never found something so dear and precious to you that you would die for it, then you are not fit to live.  You may be 38 years old, as I happen to be, and one day some great crisis arises and calls upon you to stand for some great principle, some great issue, some great cause, but you refuse to take a stand because you are afraid.

You refuse to do it because you want to live longer.  Or you’re afraid that you will lose your job, or that you will be criticized, or that you will lose your popularity.  So you refuse to take a stand.  Well you may go on and live until you’re 90, but you are just as dead at 38 as you will be at 90.   And when you take your last breath, it will only be the belated announcement of the earlier death of your spirit.

You died when you refused to stand up for right.

You died when you refused to stand up for truth.

You died when you refused to stand up for justice.

Can you understand that, “leaders” of the Netroots?  Can you understand that, Markos Moulitsas?  Can you understand that, Obamacrats?  Tap your TR trigger fingers on the lid of that coffin you call a blog if you do.  Can you understand that, MoveOn.org?  Can you understand that, Josh Marshall?  John Amato? Digby?  Jane Hamsher?  If you do, explain it to TBogg, that Mighty Slayer of “Purists.”  How about you, Madame Proprietor of the Huff and Puff Post?  Can you understand that?  Can any of you understand that???

None of you have called for mass protests or civil disobedience.  In the streets of Washington D.C. or anywhere else.  You refuse to because you’re afraid.  Well go ahead, keep on blogging until you’re 90, it won’t matter, you’re just as dead right now as you will be then.  

You died when you refused to stand up for right.

You died when you refused to stand up for truth.

You died when you refused to stand up for justice.

Welcome to Netroots Nation  . . .

Graves Pictures, Images and Photos

Enjoy your stay.

I have some news for those nonstop typers.  Typing isn’t standing up for right, truth, justice, or anything else.  It’s just typing.  

Grayson challenges the Supreme Court give away

The Decision

by Alan Grayson — Thu Jan 21, 2010

In a 5-to-4 decision today, the U.S. Supreme Court decided that corporations have the “right” to spend an unlimited amount of money to influence and manipulate federal elections.  The decision overturns more than a century of law and precedent.  

[…]

“The Supreme Court has decided to protect the rights of GE, Volkswagen, Lukoil and Aramco, at the expense of our right to good government,” Grayson added.

[…]

Today, Rep. Grayson called for immediate action on his Save Our Democracy bills.  “If we do nothing, then before long, there won’t be Senators from Oklahoma or Virginia, there will be Senators from Citibank and WalMart.  Maybe they will wear insignias on their $500 suits, like NASCAR drivers do.”

Question is, do our Legslators have the guts to make use of our Constitutional “Checks and Balances”?  

Can the Legslators actually pass laws to reel in the excesses of the Corporate Rights enabling Court?

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