Congress has the power to hurt SCOTUS through docket control, budget cuts, and rapid responses to bullshit statutory construction cases like the odious decision in Callais by reenacting the laws with additional language rejecting those ruleings. Before we fiddle with court-packing we should try to re-establish the guardrails this bunch of anti-democracy rogues has put in place.
If Dems take the legislature, another step would be to hold hearings on the anti-democracy. anti- Congress, and pro-Trump decisions.
Then hold a hearing on the meaning of the Constitutional provision that federal judges hold office during good behavior. These decisions aren't just bad law, they are an affront to American ideals of the role of government and the Constitution.
Then start impeachment proceedings. I expect several of them to retire to spend more time with their families. That's what happened when Roosevelt threatened to pack the Court.
Agree—go after them. With all due respect to Noah, Democrats should be even more aggressive. Yes, end the filibuster. But why is court expansion a preferable remedy to jurisdiction stripping on individual bills and legislation to reform the Court by limiting judicial review and constraining the use of shadow dockets?
Plus, since the conservatives on SCOTUS have no regard for the separation of powers, why should Democrats? Attack them publicly and head on over their individual corruption and for carrying water for the Epstein class. Investigate Kavanaugh as he should been. Heck, issue subpoenas to compel testimony in corruption hearings. The last may or may not work, but at least it will make Roberts tap dance and treat voters to the sight of justices telling them that they don’t have to explain anything to anybody.
Corruption hearings are a great idea. Make a huge spectacle of it, bring the fuckers in, sit them down, and make them explain every. Single. Bribe. In excruciating detail. And televise it during primetime.
Drag out every bit of dirt and every skeleton in their closet and rub their faces in it on national television. Democrats should tag team the questioning so the fascist hacks have to sit there for hours without any fucking reprieve.
And if any of them decide to ignore the subpoenas, have them arrested, pulled out of their houses, and hauled before the committee anyway.
I agree with you, Paul G. Go after the haters of democracy (I'm looking at you, MAGAts) with everything the Dems have. Stop pussyfooting around and forcefully respond to each and every atrocity being committed by these thugs. End the filibuster if need be although I caution that would be a sharp double-edged sword. I also agree with you that expanding the SCOTUS might be a fool's errand.
As far as changing the behavior and motivations of John Roberts, I think that's also wishful thinking. Still, this is a time for thinking outside the box, to encourage firebrands to raise hell and stop this insane march to resurrect the evil ways of the old South with white supremacy being the end result. I live in LA and it's nauseating to witness the evil the SCOTUS has unleashed with the LA v. Callais abomination.
I support the end of the easy fillibuster. It should never be an absolute stop of majority rule, nor even a delay so long that the Senate is held hostage. Yes, Republicans can use that power to use and abuse when they have the majority, but they already broke the trust, including when they stopped the vote on Garland as a Justice, giving Trump another Justice on the bench.
I think it is past time for any party to hide behind the obstruction of the other party. Let the people see how that party rules when they have power. Republicans did it by ignoring the power of the congress and the courts. We saw the results. GOOD! Now the people know there are consequences to their votes.
I think it would be a crying shame if Democrats roll into 2029 with majorities in congress and with the presidency, then acted like it was 2021, with yet another emergency made worse by Republicans, but just going back into maintenance role of the status quo, with minor improvements here and there, that don't cost much and don't change much really...
You are right, but why stop there? We need to remove politics from our courts, and that starts by removing the very political process of nominating and approving judges and justices. An Amendment will be needed. The vast bullk of the judges showed they have integrity and a sense of duty and service. Let the Court transition to self ruling. The Appellate courts can hire judges, and elect from their own members (per appellate court) one to serve on SCOTUS for a period of three years, then rotate in another member. They can enforce their own code of ethics, removing judges (even those in SCOTUS) for "Behaviour" that is not "good". They can even manage their own investigative arm to keep an eye on all the judges.
A few other things to fix, such as: No reliance on historical interpretations of the Constitution or law without trying the history in a district court with expert historians on both sides and a jury. No more amatuer history that conveniently fits their biases.
Establish some ground rules such as there is ALWAYS someone who has 'standing' to bring a lawsuit. That the Shadow Docket is either not allowed, or must have rigid rules and limitations on it's use. No more non-judicial warrants are allowed. The imigration judges are under the Judicial branch, not the executive branch.
Homework: Read the constitution where it talks about the Impeachment process, the standards used, and how it applies to "Civil Officers".
Read the very next section, and how it refers to the radically lower standard of "Good behaviour" and makes zero mention of impeachment. How could a radically lower standard, clearly intended to protect the court from even the "appearance of impropriety" require the very burdensome requirement of 2/3 of the senate agreeing?
Search (easy with a text search) the Constitution for the word "officer" and notice how it is used in each case, and that there are in fact "judicial Officers", so the use of Civil to include Judicial was clearly not the intent.
Lacking a clear statement of how to remove judges with this lower standard, lazy people, or those interested in protecting judges from removal, declared impeachment was required.
The current traitors/criminals need to be prosecuted and punished with no ability to be pardoned. Then, we need to start over again with a new and democratic constitution based on what we have learned over the past 2 and a half centuries. We can create a government that is truly for the people. There is no natural law that says things need to be the way they are. It is a choice. Government is an artificial human creation, so let's create something that works for all of us!
The truth is that we won’t be around in the future, so people need to focus on what’s life-affirming. Rather than fight to preserve a caste system based on race, we should be fighting to preserve the health of the planet-clean air, water and soil. Future generations will need it.
🤞🏼 While I am nervous about November and the fact that they would cheat their own mothers out of their votes, reading Noah’s post today gives me hope that his underwater polling holds and we get maximum participation in November. I am all for burning the institutions that failed us and rebuilding from scratch. The system was flawed at best, designed intentionally that way at worst. We can and must fix that. Great article, Public Notice❤️
Expanding the Court was tried under FDR and died. Better options might include term limits and an actual, enforceable ethics code. And history shows that the Dems can be just as bad as the MAGA crowd. Remember, the Dems originated as the party of slavery, Jim Crow, and the KKK. And no, they did not change during the civil rights movement. They simply rebranded. And they’ve caved to the current GOP every time it mattered since Jan 2025.
In early 2029, IF we fight hard and plan for the day, we can do many things to heal our nation and make it stronger than ever.
One simple law to pass, is to outlaw any and all gerrymandering, and by declaring this lack of gerrymandering to be essential for a healthy Republic, compel states to abolish gerrymandering for local elections as well.
Of course MANY other things need fixing as well in order to protect Democracy, remove politics from our courts, remove money from our politics, remove the rich from owning / controlling our media... are just the beginning so we can then fix the real problems the people feel directly, namely their personal financial and physical security. People want jobs that pay a living wage, preferably a career that won't be automated away. It is important for their personal stability, their identity, the safety and stability of their family and lowering their overall stress and anxiety. To do this we will have to change some of the rules of our economy. Most of the other needed fixes (Medicare / Education / housing for all...) will not be helpful unless we solve this one. We can't do any of this with the wealthy owning the ears of the politicians and controlling most of the news people see.
SCOTUS has removed any remaining credibility they had. They broke the trust. The lower courts try, but the corruption at the top is massive. An amendment will be needed to remove the political branches from hiring and promoting judges, and how our SCOTUS is staffed and structured. How to remove judges who are not on "Good behaviour" in a quick and efficient way.
With some creativity, the boldness to USE the incredible power given to POTUS to start the healing (firing ALL of MAGA, including all of ICE), and then to quickly give up the unchecked power of the blatantly unconstitutional 'Unitary Executive' and make things fair, with better guardrails. For too long, too many things have been unfair. Our citizens in DC and PuertoRico lacking full representation in congress. Eliminating the Electoral college which in reality ONLY favors those who live in the 'swing states', with everybody else having their votes taken for granted. Small states will still have their two senators each.
Most everything has a solution, if you understand the actual problem, have the will and power to act, and the boldness, the courage to move quickly so that before the midterms in 2030, we can convince the public we are solving their problems and are on the right track, so we can keep power long enough to KEEP making things better. All this will take planning. We can do this.
Congress has the power to hurt SCOTUS through docket control, budget cuts, and rapid responses to bullshit statutory construction cases like the odious decision in Callais by reenacting the laws with additional language rejecting those ruleings. Before we fiddle with court-packing we should try to re-establish the guardrails this bunch of anti-democracy rogues has put in place.
If Dems take the legislature, another step would be to hold hearings on the anti-democracy. anti- Congress, and pro-Trump decisions.
Then hold a hearing on the meaning of the Constitutional provision that federal judges hold office during good behavior. These decisions aren't just bad law, they are an affront to American ideals of the role of government and the Constitution.
Then start impeachment proceedings. I expect several of them to retire to spend more time with their families. That's what happened when Roosevelt threatened to pack the Court.
Agree—go after them. With all due respect to Noah, Democrats should be even more aggressive. Yes, end the filibuster. But why is court expansion a preferable remedy to jurisdiction stripping on individual bills and legislation to reform the Court by limiting judicial review and constraining the use of shadow dockets?
Plus, since the conservatives on SCOTUS have no regard for the separation of powers, why should Democrats? Attack them publicly and head on over their individual corruption and for carrying water for the Epstein class. Investigate Kavanaugh as he should been. Heck, issue subpoenas to compel testimony in corruption hearings. The last may or may not work, but at least it will make Roberts tap dance and treat voters to the sight of justices telling them that they don’t have to explain anything to anybody.
Corruption hearings are a great idea. Make a huge spectacle of it, bring the fuckers in, sit them down, and make them explain every. Single. Bribe. In excruciating detail. And televise it during primetime.
Drag out every bit of dirt and every skeleton in their closet and rub their faces in it on national television. Democrats should tag team the questioning so the fascist hacks have to sit there for hours without any fucking reprieve.
And if any of them decide to ignore the subpoenas, have them arrested, pulled out of their houses, and hauled before the committee anyway.
I agree with you, Paul G. Go after the haters of democracy (I'm looking at you, MAGAts) with everything the Dems have. Stop pussyfooting around and forcefully respond to each and every atrocity being committed by these thugs. End the filibuster if need be although I caution that would be a sharp double-edged sword. I also agree with you that expanding the SCOTUS might be a fool's errand.
As far as changing the behavior and motivations of John Roberts, I think that's also wishful thinking. Still, this is a time for thinking outside the box, to encourage firebrands to raise hell and stop this insane march to resurrect the evil ways of the old South with white supremacy being the end result. I live in LA and it's nauseating to witness the evil the SCOTUS has unleashed with the LA v. Callais abomination.
I support the end of the easy fillibuster. It should never be an absolute stop of majority rule, nor even a delay so long that the Senate is held hostage. Yes, Republicans can use that power to use and abuse when they have the majority, but they already broke the trust, including when they stopped the vote on Garland as a Justice, giving Trump another Justice on the bench.
I think it is past time for any party to hide behind the obstruction of the other party. Let the people see how that party rules when they have power. Republicans did it by ignoring the power of the congress and the courts. We saw the results. GOOD! Now the people know there are consequences to their votes.
I think it would be a crying shame if Democrats roll into 2029 with majorities in congress and with the presidency, then acted like it was 2021, with yet another emergency made worse by Republicans, but just going back into maintenance role of the status quo, with minor improvements here and there, that don't cost much and don't change much really...
Re Roberts, honestly it’s more about exposing his behavior and making his life miserable. Also I don’t see how Jane Roberts can avoid a subpoena.
You are right, but why stop there? We need to remove politics from our courts, and that starts by removing the very political process of nominating and approving judges and justices. An Amendment will be needed. The vast bullk of the judges showed they have integrity and a sense of duty and service. Let the Court transition to self ruling. The Appellate courts can hire judges, and elect from their own members (per appellate court) one to serve on SCOTUS for a period of three years, then rotate in another member. They can enforce their own code of ethics, removing judges (even those in SCOTUS) for "Behaviour" that is not "good". They can even manage their own investigative arm to keep an eye on all the judges.
A few other things to fix, such as: No reliance on historical interpretations of the Constitution or law without trying the history in a district court with expert historians on both sides and a jury. No more amatuer history that conveniently fits their biases.
Establish some ground rules such as there is ALWAYS someone who has 'standing' to bring a lawsuit. That the Shadow Docket is either not allowed, or must have rigid rules and limitations on it's use. No more non-judicial warrants are allowed. The imigration judges are under the Judicial branch, not the executive branch.
Homework: Read the constitution where it talks about the Impeachment process, the standards used, and how it applies to "Civil Officers".
Read the very next section, and how it refers to the radically lower standard of "Good behaviour" and makes zero mention of impeachment. How could a radically lower standard, clearly intended to protect the court from even the "appearance of impropriety" require the very burdensome requirement of 2/3 of the senate agreeing?
Search (easy with a text search) the Constitution for the word "officer" and notice how it is used in each case, and that there are in fact "judicial Officers", so the use of Civil to include Judicial was clearly not the intent.
Lacking a clear statement of how to remove judges with this lower standard, lazy people, or those interested in protecting judges from removal, declared impeachment was required.
Voting Rights Act was 1965. Civil Rights Act was 1968.
Thanks -- I corrected that
Step zero: throw chuck Schumer out on his ass because there's no way he'll allow any of this to happen.
The current traitors/criminals need to be prosecuted and punished with no ability to be pardoned. Then, we need to start over again with a new and democratic constitution based on what we have learned over the past 2 and a half centuries. We can create a government that is truly for the people. There is no natural law that says things need to be the way they are. It is a choice. Government is an artificial human creation, so let's create something that works for all of us!
Yeah. Worshipping the constitution was/is a mistake. It's a failed experiment, and we're living through the aftermath.
Jim Crow segregation codified … an “apt” companion piece to codified Kavanaugh stop profiling.
The truth is that we won’t be around in the future, so people need to focus on what’s life-affirming. Rather than fight to preserve a caste system based on race, we should be fighting to preserve the health of the planet-clean air, water and soil. Future generations will need it.
🤞🏼 While I am nervous about November and the fact that they would cheat their own mothers out of their votes, reading Noah’s post today gives me hope that his underwater polling holds and we get maximum participation in November. I am all for burning the institutions that failed us and rebuilding from scratch. The system was flawed at best, designed intentionally that way at worst. We can and must fix that. Great article, Public Notice❤️
Expanding the Court was tried under FDR and died. Better options might include term limits and an actual, enforceable ethics code. And history shows that the Dems can be just as bad as the MAGA crowd. Remember, the Dems originated as the party of slavery, Jim Crow, and the KKK. And no, they did not change during the civil rights movement. They simply rebranded. And they’ve caved to the current GOP every time it mattered since Jan 2025.
In early 2029, IF we fight hard and plan for the day, we can do many things to heal our nation and make it stronger than ever.
One simple law to pass, is to outlaw any and all gerrymandering, and by declaring this lack of gerrymandering to be essential for a healthy Republic, compel states to abolish gerrymandering for local elections as well.
Of course MANY other things need fixing as well in order to protect Democracy, remove politics from our courts, remove money from our politics, remove the rich from owning / controlling our media... are just the beginning so we can then fix the real problems the people feel directly, namely their personal financial and physical security. People want jobs that pay a living wage, preferably a career that won't be automated away. It is important for their personal stability, their identity, the safety and stability of their family and lowering their overall stress and anxiety. To do this we will have to change some of the rules of our economy. Most of the other needed fixes (Medicare / Education / housing for all...) will not be helpful unless we solve this one. We can't do any of this with the wealthy owning the ears of the politicians and controlling most of the news people see.
SCOTUS has removed any remaining credibility they had. They broke the trust. The lower courts try, but the corruption at the top is massive. An amendment will be needed to remove the political branches from hiring and promoting judges, and how our SCOTUS is staffed and structured. How to remove judges who are not on "Good behaviour" in a quick and efficient way.
With some creativity, the boldness to USE the incredible power given to POTUS to start the healing (firing ALL of MAGA, including all of ICE), and then to quickly give up the unchecked power of the blatantly unconstitutional 'Unitary Executive' and make things fair, with better guardrails. For too long, too many things have been unfair. Our citizens in DC and PuertoRico lacking full representation in congress. Eliminating the Electoral college which in reality ONLY favors those who live in the 'swing states', with everybody else having their votes taken for granted. Small states will still have their two senators each.
Most everything has a solution, if you understand the actual problem, have the will and power to act, and the boldness, the courage to move quickly so that before the midterms in 2030, we can convince the public we are solving their problems and are on the right track, so we can keep power long enough to KEEP making things better. All this will take planning. We can do this.