35 Comments

“Democrats in Congress should be every bit as willing to use the resources they have to defend democracy. If they aren’t, what are they even there for?” Excellent question, so tired of Dem inaction and excuses.

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I wonder if part of the reticent behavior on the part of Durban is generational response to how politics is supposed to work. Durban is drawing on his years in politics and, possibly, cannot realize how the rules of the game have changed. Biden struggles with this also, but he's getting better, especially when Dark Brandon shows up. I'm 72 and retired and I believe that people need to retire to create opportunities for younger people, as long as they are financially capable of retiring. I can't imagine AOC or Jasmine Crockett letting Thomas and Alito off the hook because their experiences with dealing with Republicans are far different, and because they have been personally attacked by them. I believe we need some generational changes in Congress. Definitely vote Blue, but in many cases, vote for younger Blues.

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Yes. I have asked him to pass the gavel if he is scared to stand up to the Republicans. That is legit. What he is doing is not!

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Senators Durbin and Whitehouse have ample cause to take action regarding Justice Alito and ample evidence to support them. Justice Alito has lied repeatedly and publicly. Most significant are his lies for the purpose of obstruction of justice. Justice Alito committed at least one federal offense. See, e.g., 18 U.S.C. 1001.

In his letters to Congress on May 29, 2024, Justice Alito lied about--and knowingly violated--federal law governing SCOTUS justices. See "The Clear Appearance of Impropriety in Justice Alito's Conduct" https://blackcollarcrime.substack.com/p/the-clear-appearance-of-impropriety?r=30ufvh. See also "More Lies and Deceit in Justice Alito's Recusal Refusal" https://blackcollarcrime.substack.com/p/more-lies-and-extreme-deceit-in-justice?r=30ufvh.

Even before that, Justice Alito lied to obstruct matters within the jurisdiction of Congress. Justice Alito lied about the Constitution to obstruct Congress's efforts to regulate SCOTUS. Justice Alito knowingly misrepresented that the Constitution did not empower Congress to regulate SCOTUS. See "Speaking of Justice Alito's Lies" https://blackcollarcrime.substack.com/p/speaking-of-justice-alitos-lies?r=30ufvh. See also "The Framers Would Be Shocked, Even Horrified by Justice Alito's Scheme" https://blackcollarcrime.substack.com/p/the-framers-would-be-shocked-even?r=30ufvh.

Justice Alito also lied about flying the U.S. flag upside-down outside his home, and he knowingly violated federal law. See "Justice Alito’s Flag Flying, Flagrant Lies and Violations of Federal Law and His Own Opinions" https://blackcollarcrime.substack.com/p/justice-alitos-flag-flying-flagrant?r=30ufvh. See also "We Just Saw Justice Alito Lie With Our Own Eyes" https://blackcollarcrime.substack.com/p/we-just-saw-justice-alito-lie-with?r=30ufvh.

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I know who Jim Jordan is, but who is Dick Durban? I have never heard of him...

exactly!!!

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DD is the Illinois senior senator. Chair of the Senate Judicial Committee. If you too would like to write to him, and let him know you have never heard of him because he is not visible, then contact him at https://www.durbin.senate.gov/contact

I choose Other, as topic when I write.

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Durbin is hobbled by decades of comity. He isn’t going to do anything. Sadly. “Senate” really is the worst institution in DC.

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By reference to the one person, one vote standard, the Senate is the most malapportioned legislature in the world. (Lijphart,1984 as quoted in Sizing Up the Senate, the Unequal Consequences of Equal Representation, Lee and Oppenheimer; 1999; p5)

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I am going to write in my nephew in place of him, and I vote from Abroad, but Illinois is my US voting state. It is also that of friends of mine here in Germany. We are all members of Democrats Abroad Germany.

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I have been writing to Dick Durbin, who is in my US residency state, regularly. I have pointed out that if he is afraid to bring charges he should be passing the gavel to someone else. I have pointed out that even if he does not have the votes he can certainly raise the questions and do an investigation. One of of the many times when I discussed this in a Substack, someone told me a NYT writer had a better suggestion. Since that suggestion involved relying on the Justice Department, we see the results of putting that in print. They are now going after Garland so he won't have the time or energy to pursue this. Dick Durbin even wrote me back, saying yada, yada, yada... I have developed some rules (not that they have been made official or anything) and I am relying on Judge Roberts.... yada, yada yada. I am sickened by him, and wonder whether someone has Kompromat on him. In my opinion he is not earning my vote. I would rather write in my 25-year-old Chef nephew than vote for Durbin at this point. Why have a Democrat in if he is acting like a Republican? In other words, a Do-nothing!

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I thought the House could issue subpoenas with a simple majority vote. If it's true that the Senate can issue the same but can't enforce them without overcoming the GOP's filibuster, that provides the answer to your question, Mr. Berlatsky, why the Senate doesn't follow the House's example. Maybe the article should be updated with that included?

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I was about to say that, yes, that's exactly what Lindsay Graham threatened to do when Durbin talked about sending subpoenas to Harlan Crow and a few others: https://talkingpointsmemo.com/news/republicans-subpoena-supreme-court-filibuster.

So you could argue that they could threaten to do so, but the issue is that it wouldn't go anywhere. You could also argue that they can keep doing so to keep the issue alive in the news... but. Well, have you seen our news-media lately and all that.

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I think that a good scandal can get some good traction, and Alito and Thomas are sure trying to provide the corruption that should get some attention in the news. But without ProPublica providing the receipts, everyone in the press—including The Washington Post—seems intent on propping up the status quo.

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That’s no reason not to try and try again.

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This might be a good time to try to secure bi-partisan support for reining in federal judges (including SCOTUS justices) who think they're the supreme law of the land and have the power to knowingly violate federal law and our Constitution. Some Senators might not care about judges violating the Constitution, but they might care about judges flouting Congress.

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Flouting? IOKIYAR!

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It is a reason not to waste resources and time, as well as look like a foolish gasbag who can't deliver the goods. I mean the GOP has foolish gasbags like Comer and Jordan! Do we want to look like that? It's not a good look, Runfastandwin!

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My rebuttal to that is you have to say the same simple thing in the exact same simple way 10,000 times at least before your average voter hears it once. It's not the world I would prefer but it is the world we live in. It works for the gop. It would work for us if we'd only try it.

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While I agree on the communications strategy, Runfastandwin, I have to ask: are Senate hearings that simply don't deliver the best way to gain traction on this? We risk creating an echo chamber divorced from results-oriented political action, like the Senate itself! Look what the comity, the congeniality, and the traditions of the Senate have already done to John Fetterman in a relatively short time!

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But, hearings attract media attention. No hearings don't.

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I totally agree. I want Durbin to drag them into hearings and grill the crap out of them. Make them good and uncomfortable. They did something wrong and should be made to feel like they are being revealed as the hacks they are. Peel away their veneer of legitimacy with the truth. Make Roberts look like the ineffective, weak leader he is. Bring Ginny Thomas in to talk about the insurrection. And if they don’t show, hold them in contempt. This is real, not payback, and yet it will feel terrific.

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D’s in Senate Judiciary should have hearings on Alito and Thomas. Put Sen Whitehouse to work! Look at the success of J6 House Committee as far as getting information out to the public!

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If Dick Durbin cannot do his job . He should step aside and let someone else do it for him . Does he not realize that his hesitation to act on facts appropriately allows Magas to continue to see themselves as the Majority and they are not . I cannot stand to see this mealy mouthed Democratic aquiessence to Maga , allowing them to turn this Democracy into an authoritarian government. As he should know it’s in process . He has a chance to stop it . So Stop it Damn it .

.

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It probably won’t help but I contacted his office expressing my concern for the lack of action. Hopefully we will get someone younger and able to deal with the change in politics in the next senate election cycle to replace him. He certainly won’t have my vote if he runs yet again.

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Justices Alito and Thomas also lied in their legal opinions to purport to support SCOTUS decisions that they knew were unconstitutional. See, e.g., the series of pieces about a decision they issued on May 23, 2024 (Alexander v. S.C. State Conf. of the NAACP) starting with "Sam's Club (SCOTUS) Says Separate But Equal is Cool" (https://blackcollarcrime.substack.com/p/scotus-says-separate-but-equal-is?r=30ufvh) and ending with "Black Magic (Justice Alito Lies Again) (Part IV)" (https://blackcollarcrime.substack.com/p/black-magic-justice-alito-lies-again-54a?r=30ufvh)

Their lies in Alexander were part of a scheme that they started in January 2021. See a series of pieces (still in progress) about a decision they issued in 2022 (Dobbs v. Jackson Women's Health Org.) starting with "The Dobbs Fraud by SCOTUS's Fake Originalists (Part I)" (https://blackcollarcrime.substack.com/p/the-dobbs-fraud-by-scotuss-fake-originalists?r=30ufvh)

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Just wrote Durbin. Again. What is he waiting for? Let’s GO!

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It makes me crazy that Durbin is doing nothing about Alito and Thomas.

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"Maybe [Durbin's] afraid of GOP backlash."

Bingo.

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