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Quo Vadis GOP?

Started by Syt, January 09, 2021, 07:46:24 AM

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CountDeMoney

Quote from: Barrister on April 06, 2023, 12:48:22 PMSo there's no hint that Justice Thomas (or anyone else) is "bought", or that he makes decisions just because his good friend Harlan Crow tells him to.

It's much more subtle - it's influence.  As a litigant before the USSC you get 30 minutes to make your oral argument.  Harlan Crow can have all weekend to talk with Justice Thomas about anything he wants to talk about.

Lucky for the Supreme Court, the Supreme Court has already ruled on that in McCormick v U.S. 

QuotePlus it's human nature to want to help out your friends.  I'm sure you've told your own friends "no" when they ask you things in the past, but you're more likely to say "yes" to a friend than you are a complete stranger.

Now you're just being an asshole.

The Minsky Moment

We have a Clarence and Ginni Thomas problem.  This isn't the first conflict of interest problem Thomas had had, or the worst, and it certainly isn't the last.  He has repeatedly demonstrated his contempt for accepted standards of behavior and the principles that govern all other judicial officials.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

Jacob

... and the only way to remove him is impeachment, is that correct? And while technically a possibility, in practice it's impossible?

Barrister

Quote from: CountDeMoney on April 06, 2023, 12:52:42 PM
Quote from: Barrister on April 06, 2023, 12:48:22 PMPlus it's human nature to want to help out your friends.  I'm sure you've told your own friends "no" when they ask you things in the past, but you're more likely to say "yes" to a friend than you are a complete stranger.

Now you're just being an asshole.

I didn't just start now...
Posts here are my own private opinions.  I do not speak for my employer.

OttoVonBismarck

Quote from: Jacob on April 06, 2023, 02:58:48 PM... and the only way to remove him is impeachment, is that correct? And while technically a possibility, in practice it's impossible?

AFAIK Supreme Court justices, unlike Presidents, have no theoretical immunity from prosecution for regular crimes.

Also AFAIK--we've never tried to prosecute one. But they are just a special class of Federal judge--we have a long history of how we have dealt with Federal judges committing misdeeds. I think a half dozen or so have been removed from office--probably 2-3 that number have resigned in disgrace before impeachment could proceed.

The most recent and salient situation would be Judge Samuel Kent--convicted, while a sitting judge, of sex crimes and sentenced to 33 months. He initially retired--in our system if a Federal judge "retires" they don't actually leave the bench. They become a "Senior Status" judge, which opens up their seat to a new appointee--but they continue to have full judicial powers and can work a light schedule. They also, importantly, receive their full salary (~$170k/yr) for as long as they are retired.

Bipartisan members of Congress were outraged at the thought of a sex criminal collecting a full judge's salary, and began impeachment proceedings. He amended his retirement to be a resignation, but with a 12 month delay so he could collect one more year of salary. This wasn't enough and they proceeded to impeach him. However, after the impeachment but before his Senate trial, he finally resigned effective immediately--so he was never convicted.

That being said,  he was given a carceral sentence whilst a sitting judge. I see no reason Thomas couldn't suffer the same fate. It would not remove him from the bench but it'd be hard to participate as a justice from a Federal prison.

Unfortunately nothing Thomas has clearly been shown to do is illegal, even if it ought be. But in theory you could send him to prison if you found something he did or you altered the law to criminalize his behavior (you can't ex post facto criminalize it, he would have to commit a new offense.)

The Minsky Moment

He's exploiting a constitutional loophole.  The ethics rules that apply to the federal judiciary generally don't apply to the Supreme Court.  The Court could make rules for itself, but it doesn't and it's not clear what the sanction could be for non-compliance if it did.

The allegations about Thomas echo the allegations the forced Abe Fortas to resign under threat of potential impeachment.  But we live in different times now; impeachments are an empty threat because everyone knows that loyalty to one's political team takes precedence over policing even the most blatant and outrageous corruption.  The mice know that cat is away and never coming back; they can play to their heart's content.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

The Larch

QuoteTennessee House expels first of three Democrats who joined gun-control protests

NASHVILLE — The Republican-led Tennessee House voted Thursday to expel a Democratic lawmaker who halted proceedings last week to join protesters demanding gun control. Lawmakers are set to consider the expulsions of two additional lawmakers in a historic act of retaliation.

The chamber voted 72-25 to expel Rep. Justin Jones (D). During the more than two hours of debate, Republican members questioned Jones, who sported a white suit, as his fellow Democratic lawmakers asked for "grace" and urged the chamber not to use the "nuclear option."

Following the vote to oust Jones, lawmakers are expected to vote to expel Democratic Reps. Gloria Johnson and Justin Pearson despite outcry from their supporters outside the House chambers and in the days leading up to the votes.

The Tennessee General Assembly — where Republicans hold the supermajority in both chambers — has resisted calls to enact gun legislation since the March 27 Covenant School shooting that killed six people, including three 9-year-olds.

On March 30, hundreds of students, parents, teachers and people from across Tennessee flooded the Capitol to urge lawmakers to pass gun-control legislation following the Covenant School shooting that killed six people, including three 9-year-olds.

During the protests, Jones, Johnson and Pearson walked to the front of the chamber to join in the chants that reverberated from the gallery.

The same day, Speaker of the House Cameron Sexton (R) referred to the Democrats' actions as an "insurrection." He said they had committed "multiple violations" of the General Assembly's rules.

Republicans in the House filed the resolutions Monday to oust Jones, Johnson and Pearson, saying the three lawmakers "did knowingly and intentionally bring disorder and dishonor" to the House.

The resolutions to expel the three lawmakers cited the rules Sexton referred to, which include "preserving order, adhering to decorum, speaking only with recognition, not crowding around the Clerk's desk, avoiding personalities, and not using props or displaying political messages."

Pearson sent a letter the same day to all Tennessee representatives acknowledging that he had broken decorum during the March 30 protests but adding that "it was untenable to hear the chants, pleas, and cries of thousands of peaceful children outside our chambers and do nothing — say nothing."

"We must never become desensitized to the voices of people crying out for change," Pearson wrote at the end of the letter, which he posted online Tuesday. "We must never accept senseless deaths to continue on our watch and do nothing."

crazy canuck

A majority can decide to eject elected members? 

OttoVonBismarck

That's the case I think in all fifty states and also in the U.S. Congress. The U.S. Constitution broadly sets the principle that each house's membership is responsible for rules on ejections and general conduct. In fact, with Congress the constitution even makes it clear the other branches have no say in this matter (importantly, this means in Congress a member's expulsion is not subject to any form of judicial review)--and unlike other Federal officials, House members and Senators cannot be impeached. It is up to their own chamber to decide if their conduct is expulsion worthy.

In many things the States are inspired by and copy the Federal constitution, AFAIK most or all of the States have similar rules.

Given the hyperpartisan nature of modern politics, I have regularly wondered how far we are from majorities just mass-expelling members of the other party.

HVC

Third one gone. White woman wasn't expelled. So I guess Tennessee isn't even bothering to gerrymander anymore, they're just expelling representatives.
Being lazy is bad; unless you still get what you want, then it's called "patience".
Hubris must be punished. Severely.

CountDeMoney

Quote from: HVC on April 06, 2023, 07:00:34 PMThird one gone. White woman wasn't expelled. So I guess Tennessee isn't even bothering to gerrymander anymore, they're just expelling representatives.

Just the uppity ones that don't know their place. Slave states never change their robes.


Habbaku

Quote from: CountDeMoney on April 08, 2023, 05:40:14 PM
Quote from: HVC on April 06, 2023, 07:00:34 PMThird one gone. White woman wasn't expelled. So I guess Tennessee isn't even bothering to gerrymander anymore, they're just expelling representatives.

Just the uppity ones that don't know their place. Slave states never change their robes.



 :hmm:  We elected a black preacher and a Jewish filmmaker over a Good Ol' Boy and an investor-magnate.
The medievals were only too right in taking nolo episcopari as the best reason a man could give to others for making him a bishop. Give me a king whose chief interest in life is stamps, railways, or race-horses; and who has the power to sack his Vizier (or whatever you care to call him) if he does not like the cut of his trousers.

Government is an abstract noun meaning the art and process of governing and it should be an offence to write it with a capital G or so as to refer to people.

-J. R. R. Tolkien

The Larch

#2562
QuoteFlorida Republican Rep. Webster Barnaby directly compared trans people to mutants in X-Men and called the trans people, including children, present in the room "demons and imps."

This was during debate for HB1421 that would criminalize trans people using bathrooms.

https://twitter.com/Esqueer_/status/1645534892409884681

Video on the link. Truly revolting.

Also, extremely ironic that a black person uses the X Men (a comic book created in the 60s as a paralel to the civil rights movement, and from then on as an analogy for many other opressed and discriminated against minorities) as a pejorative term.

HVC

Very deplorable, but I don't think I've ever heard of imp as a pejorative outside of game of thrones.
Being lazy is bad; unless you still get what you want, then it's called "patience".
Hubris must be punished. Severely.

Admiral Yi

Nashville city council voted to reinstate one of the expelled reps.

From NPR.