#judge ketanji brown jackson

[originalleftist]

Did you know that Joe Biden...

Is the first EVER President of the United States who's appointed judges are majority women, racial or ethnic minorities?

I would add that he has also appointed more public defenders and civil rights lawyers, instead of the usual corporate lawyers or ex-prosecutors. Including the first Black woman and first public defender appointed to the Supreme Court, Justice Ketanji Brown Jackson.

These are changes the effects of which will last long after his presidency, if an American Republican based on the Constitution survives.

While we're talking about representation, we might also note that Biden selected Kamala Harris as Vice President- the first woman to ever hold the office, and in fact the first woman to ever hold Presidential power, when she briefly took over for Biden while he was sedated for a medical procedure.

[wilwheaton]

The violent attack on Congress on 6 January 2021, and all the ancillary attempts to steal the 2020 election, were a coup attempt led from the executive branch of the federal government with support from Republicans in the legislative branch. 1 July 2024 – this Thursday – was a more successful coup attempt orchestrated by six judges of the judicial branch. “With fear for our democracy, I dissent,” wrote Justice Sonia Sotomayor in an opinion joined by justices Ketanji Brown Jackson and Elena Kagan, after the US supreme court’s conservative majority ruled that Donald Trump holds “absolute immunity” for “official acts” done while president. Part of what’s shocking about the state of the union right now is that an entire party and the US supreme court’s conservative majority have abandoned almost everything – the truth, the rule of law, their own legitimacy, their place in history and the fate of the nation – to serve one man. They could not have picked a more outrageous man to throw their weight and reputations behind – a psychotic clown who’s also an indicted felon found liable in civil court for sexual assault, barred from doing business in New York, a stealer of state secrets, a would-be thief of an election and the instigator of a violent attack on the legislative branch of government and the constitutionally mandated transition of power after an election. A grifter who in 2016 won a minority victory in a corrupted election – his conviction earlier this year was on charges for one small part of that corruption. A man who has gloated about seizing dictatorial powers and never letting go and a worshiper of tyrants denounced by dozens of his former cabinet members and senior staffers. January 6 was an attack on the constitution and so was 1 July. That no one is above the law has been a pillar of this nation and a cherished value since the 18th century; to knock it down in the 21st destabilizes structures and values that have stood these two centuries and more. A president with total immunity poses obvious threats to the rule of law, the balance of powers and democracy itself, and if that president is the vindictive criminal on the Republican ticket the dangers are immediate and obvious.

The US supreme court just completed Trump’s January 6 coup attempt

[patriottruth]

This is a reminder that on March 4th, 2024, the Supreme Court of the United States ordered donald j. trump to have 87 Democrats in both houses of Congress remove his insurrectionist disqualification from ever holding any federal office again. He failed to do so prior to November 5, 2024.

Here's a compilation of evidence I'm being asked for that I pulled together from Wikipedia:

On March 4, 2024, the Supreme Court in Trump v. Anderson reversed the Colorado Supreme Court decision, holding that Congress determines eligibility under Section 3 for federal officeholders and states may only bar candidates from state office.

While all nine justices agreed that the Fourteenth Amendment grants this power to the federal government, and not to the individual states, two separate opinions were issued. Justice Amy Coney Barrett concurred in the Court's decision that states cannot enforce Section 3 against federal officials, but wrote that the court should not have addressed "the complicated question whether federal legislation is the exclusive vehicle through which Section 3 can be enforced." Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, in an opinion co-signed by all three Justices, concurred in the judgment, but said that the court went beyond what was needed for the case and should not have declared that Congress has the exclusive power to decide Section 3 eligibility questions, stating that the Court's opinion had decided "novel constitutional questions to insulate this court and petitioner [Trump] from future controversy."

On July 1, 2024, the Supreme Court ruled in a 6–3 decision, that failed and deposed insurrectionist 2020 election loser and former president donald j. trump had absolute immunity for acts he committed as president within his core constitutional purview, at least presumptive immunity for official acts within the outer perimeter of his official responsibility, and no immunity for unofficial acts.

Berger v. United States, 255 U.S. 22 (1921), is a United States Supreme Court decision overruling a trial court decision by U.S. District Court Judge Kenesaw Mountain Landis against Rep. Victor L. Berger, a Congressman for Wisconsin's 5th district and the founder of the Social Democratic Party of America, and several other German-American defendants who were convicted of violating the Espionage Act by publicizing anti-interventionist views during World War I.

The case was argued on December 9, 1920, and decided on January 31, 1921, with an opinion by Justice Joseph McKenna and dissents by Justices William R. Day, James Clark McReynolds, and Mahlon Pitney. The Supreme Court held that Judge Landis was properly disqualified as trial judge based on an affidavit filed by the German defendants asserting that Judge Landis' public anti-German statements should disqualify him from presiding over the trial of the defendants.

The House of Representatives twice denied Berger his seat in the House due to his original conviction for espionage using Section 3 of the Fourteenth Amendment to the United States Constitution regarding denying office to those who supported "insurrection or rebellion". The Supreme Court overturned the verdict in 1921 in Berger v. U.S., and Berger won three successive terms in the House in the 1920s.

Per the United States Supreme Court's "Berger test" that states that to disqualify ANY judge in the United States of America: 1) a party files an affidavit claiming personal bias or prejudice demonstrating an "objectionable inclination or disposition of the judge" and 2) claim of bias is based on facts antedating the trial.

All 6 criminal MAGA insurrectionist and trump-loyalist U.S. Supreme Court Justices who've repeatedly and illegally ruled in donald j. trump's favor are as disqualified from issuing any rulings pertaining to donald j. trump (a German immigrant) as the United States Supreme Court ruled U.S. District Court Judge Kenesaw Mountain Landis was when he attempted to deny Victor L. Berger (a German immigrant) from holding office for violating the Espionage Act and supporting or engaging in insurrection or rebellion against the United States of America.

Again, as the text of the Fourteenth Amendment clearly reads, and ONLY reads:

Section 3 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.

Section 3 clearly and ONLY gives Congress the power to remove a disability of an insurrectionist to "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".

Section 3 clearly DOESN'T give Congress the power to impose or enforce a disability of an insurrectionist to "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". That's what Impeachment is for, and donald j. trump was impeached for insurrection and referred to the Department of Justice by a Congressional committee for prosecution for his and his supporters acts of insurrection against the United States of America on January 6, 2021.

Section 3 clearly DOESN'T give the United States Supreme Court the authority to illegally and criminally engage in insurrection against the United States of America by MODIFYING the U.S. Constitution AND LEGISLATING from the bench to relieve their own political party and the former insurrectionist U.S. President who appointed them from needing a two-thirds vote of each House to remove the disability of an insurrectionist to run for President of the United States and hold the office of the President of the United States should they be legally elected in a free and fair election. The insurrectionist MAGA cult that's taken over the former Republican Party of the United States knows that there was no way they were getting a two-thirds vote in both Houses of Congress to put impeached insurrectionist and convicted felon donald j. trump on the ballot, and so they had their six legally disqualified U.S. Supreme Court criminal MAGA insurrectionist injustices legislate from the bench AND ILLEGALLY and CRIMINALLY modify the U.S. Constitution to put Espionage Act traitor, convicted felon, and impeached insurrectionist donald j. trump on the 2024 U.S. presidential election ballot.

There are two steps in the amendment process of modifying the U.S. Constitution. Proposals to amend the Constitution must be properly adopted and ratified before they change the Constitution. First, there are two procedures for adopting the language of a proposed amendment, either by (a) Congress, by two-thirds majority in both the Senate and the House of Representatives, or (b) national convention (which shall take place whenever two-thirds of the state legislatures collectively call for one). Second, there are two procedures for ratifying the proposed amendment, which requires three-fourths of the states' (presently 38 of 50) approval: (a) consent of the state legislatures, or (b) consent of state ratifying conventions. The ratification method is chosen by Congress for each amendment. (Wikipedia)

The necessary CONTEXT for the LEGAL UNMODIFIED ORIGINAL text of Section 3 of the Fourteenth Amendment of the United States Constitution is this: At the time of the drafting of the United States Constitution, the Americans known as "We The People" were fighting and dying to liberate themselves out from under a tyrannical king! Obviously, a President or Vice President who'd engage in insurrection against the United States of America DURING OR IMMEDIATELY AFTER the creation of the United States Constitution would be executed for TREASON; and because it'd be impossible for "a Senator or Representative in Congress, or elector of President and Vice-President, or hold any officeholder, civil or military, under the United States, or under any State" to BE IN A POSISTION TO IMMEDIATELY PROCLAIM THEMSELVES THE NEW TYRANNICAL DIVINE KING FOR LIFE OVER THE UNITED STATES AMERICA; and because all traitors were being actively and immediately executed for TREASON, it'd have been impossible for an insurrectionist traitor President or Vice President to run for any office again - because they'd be dead; therefore, it was unnecessary to include an executed treasonous President and/or Vice President in Section 3 of the Fourteenth Amendment of the United States Constitution. With full knowledge and understanding of these facts, the criminal insurrectionist MAGA extremist U.S. Supreme Court injustices ILLEGALLY and CRIMINALLY legislated from the bench to modify Section 3 of the Fourteenth Amendment of the United States Constitution so that, as far as the 6 MAGA extremist U.S. Supreme Court injustices are concerned, it now reads as such WITHOUT having been LEGALLY amended by a both two-thirds vote of both houses of the U.S. Congress AND the approval of 38 of 50 U.S. states:

Section 3 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. As of March 4, 2024, six partisan Justices on the United States Supreme Court bypassed the legal and proper constitutional amendment process, legislated from the bench, and added the following illegal and unenforceable legislation to Section 3 of the Fourteenth Amendment of the United States Constitution without Congressional or States approval and ratification: "Only Congress determines eligibility of insurrectionist candidates under Section 3 for federal officeholders and states may only bar insurrectionist candidates from state office. Federal legislation is the exclusive vehicle through which Section 3 can be enforced upon insurrectionist candidates for federal office."

How many elected Republicans, Democrats, and Independents in the House of Representatives and the Senate provided the necessary two-thirds vote to amend the U.S. Constitution in this manner? What are the names of all of these so-called elected officials and where are the official voting records? What dates did these voting sessions occur?

Which of the 38 U.S. states ratified this Congressional two-thirds-vote-approved constitutional amendment so that the Espionage Act traitor, convicted felon, and insurrectionist donald j. trump could appear on the 2024 U.S. presidential ballot? This is where the presidential Take Care Clause is automatically activated and the U.S. president enforces the laws of the United States and upholds, protects, and defends the U.S. Constitution, and perpetuates American democracy.

This is where all six MAGA criminal insurrectionist SCOTUS injustices face both immediate and permanent disbarment from ever practicing law anywhere in the United States of America AND Congressional Impeachment and removal from the Supreme Court of the United States of America for giving aid, comfort, and support to criminal defendant donald j. trump's felonies involving moral turpitude, forgery, fraud, a history of dishonesty, consistent lack of attention to the American people, the United States, his oath of office, and the U.S. Constitution, drug abuse, thefts of taxpayer and U.S. government monies, thefts of at least 13,000 classified documents and other U.S. government property, and a pattern of violations of all professional codes of ethics.

Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.

Clause 5: Caring for the faithful execution of the law The president must "take care that the laws be faithfully executed." This clause in the Constitution imposes a duty on the president to enforce the laws of the United States and is called the Take Care Clause, also known as the Faithful Execution Clause or Faithfully Executed Clause. This clause is meant to ensure that a law is faithfully executed by the president even if he disagrees with the purpose of that law. The Take Care Clause demands that the president obey the law, the Supreme Court said in Humphrey's Executor v. United States, and repudiates any notion that he may dispense with the law's execution. In Printz v. United States, the Supreme Court explained how the president executes the law: "The Constitution does not leave to speculation who is to administer the laws enacted by Congress; the president, it says, "shall take Care that the Laws be faithfully executed," Art. II, §3, personally and through officers whom he appoints (save for such inferior officers as Congress may authorize to be appointed by the "Courts of Law" or by "the Heads of Departments" with other presidential appointees), Art. II, §2." In Mississippi v. Johnson, 71 U.S. 475 (1867), the Supreme Court ruled that the judiciary may not restrain the president in the execution of the laws. In that case the Supreme Court refused to entertain a request for an injunction preventing President Andrew Johnson from executing the Reconstruction Acts, which were claimed to be unconstitutional. The Court found that "[t]he Congress is the legislative department of the government; the president is the executive department. Neither can be restrained in its action by the judicial department; though the acts of both, when performed, are, in proper cases, subject to its cognizance." Thus, the courts cannot bar the passage of a law by Congress, though it may later strike down such a law as unconstitutional. A similar construction applies to the executive branch. (Wikipedia)

The Take Care Clause is the constitutional checks and balances guardrail to counter judicial activism, legislating from the bench, and a rogue U.S. Supreme Court that's supporting and actively engaging in insurrection against the United States of America and We The People of the United States with the purpose of overthrowing the U.S. government, installing a dictator/King for life, ending American democracy, and engaging in tyranny against We The People of the United States of America. Due to the U.S. Supreme Court's ruling on presidential immunity, President Joe Biden can simply overrule MAGA SCOTUS, remove donald j. trump from the 2024 U.S. presidential ballot, and issue an Executive Order barring all six of the criminal insurrectionist MAGA extremist SCOTUS injustices from taking or ruling on any 2024 U.S. presidential election matters and/or any matters pertaining to donald j. trump, per the Berger Test that legally disqualifies them from doing so. President Biden can then simply issue an Executive Order proclaiming that no sworn election official or law enforcement official anywhere in the U.S. or its territories can attempt to cause even one vote for the Espionage Act traitor, convicted felon, and insurrectionist donald j. trump to be counted for the 2024 U.S. presidential election.

What all of that means is that between now and December 17th, 2024, donald j. trump has no choice but to go to Congress and have 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification, as he was ordered to do by SCOTUS on March 4th, 2024, or he's not legally the President Elect and cannot be inaugurated, sworn in, or hold federal office again on January 20, 2025. The clock is ticking!

Here's why this will work: donald trump's legal tactics are deny, attempt to wiggle out of it on technicalities, and delay, delay, delay. Well, from November 2023 to March 4, 2024, donald trump not only said that he was never an officer of the United States, but that he also never swore an oath to support the United States Constitution. And then he said that Section 3 of the 14th Amendment says nothing about running for office, only holding office, and since he's only running for office, nothing can keep him off the ballot. And that's where this has finally caught up to him.

SCOTUS illegally took the case to begin with. SCOTUS was required to kick the case back to Congress immediately to force a two-thirds of both houses vote to remove donald trump's insurrectionist disqualification. But they illegally denied Congress the ability to vote on it at the time, illegally legislated from the bench to keep donald trump on the ballot by illegally amending Section 3 of the 14th Amendment of the United States Constitution, and dismissed the clear two-thirds vote requirement to replace it with "Congress must pass new legislation and amend Section 3 of the 14th Amendment in order to keep insurrectionists off of the ballot and out of office in the future. All six MAGA SCOTUS injustices can now be immediately and permanently disbarred from ever judging or practicing law anywhere in the United States now and in the future for that illegal legislating from the bench; because the U.S. Constitution clearly says that the Judiciary can never interfere with Congress legislating, or with the President enforcing the laws of the United States.

donald trump and his allies figured that was a win, that SCOTUS couldn't be challenged, that the Democrats could never get legislation passed to keep him off the ballot or from holding office again, and the matter was dropped. But that's where he was wrong; because Section 3 of the 14th Amendment still reads, and only legally reads, that the only way an insurrectionist can hold federal office again is by a two-thirds vote in both the House of Representatives and the Senate; and that means that now that donald trump can't try and use the technicality of "I'm not even trying to hold office, I'm just running for office," and he's actively trying to hold office with no technicality wiggle room, donald trump's only path to the White House is to have 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification by December 17th, 2017; and his favorite tactic of delay, delay, delay won't work because delaying means he can't be inaugurated, sworn in, and serve as the 47th President of the United States; and that means Kamala Harris would become 47th President of the United States by default.

If anyone is interested in fighting another trump presidency, contact every Democrat representative in the House of Representatives and the Senate and remind them that donald j. trump cannot be inaugurated, sworn in, and be the 47th President of the United States on January 20, 2025 unless 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification before December 17, 2024. Many of them have online contact forms. You may have to enter an address near their local office in their district for the contact form to go through, but I know they're going to want to be reminded of this by as many people as possible in order to save humanity and American democracy from donald trump. Plus, Kamala Harris can be contacted via the White House Vice President contact form; and as a presidential candidate and the President of the Senate, she and President Biden can do a lot to enforce donald trump having to have his insurrectionist disqualification removed by a two-thirds vote of the House of Representatives and the Senate before December 17, 2024.

This is why donald j. trump has no path to the White House without having 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification; and why all 6 MAGA Insurrectionist SCOTUS injustices will be immediately and permanently disbarred for legislating from the bench, denying Congress the opportunity to legislate as the U.S. Constitution requires, and illegally and criminally amending Section 3 of the 14th Amendment so that elected Democrats in the House of Representatives and Senate would be denied the opportunity to represent their constituents via the required two-thirds vote to remove donald j. trump's insurrectionist disqualification from ever holding federal office again.

MAGA SCOTUS' Illegal and Criminal Actions in the Anderson vs. trump Case. From www.supremecourt.gov:

The text of Section 3 reinforces these conclusions. Its final sentence empowers Congress to “remove” any Section 3 “disability” by a two-thirds vote of each house. The text imposes no limits on that power, and Congress may exercise it any time, as the respondents concede. In fact, historically, Congress sometimes exercised this amnesty power postelection to ensure that some of the people’s chosen candidates could take office.

…it is Congress that has long given effect to Section 3 with respect to would-be or existing federal officeholders. Shortly after ratification of the Amendment, Congress enacted the Enforcement Act of 1870. That Act authorized federal district attorneys to bring civil actions in federal court to remove anyone holding nonlegislative office—federal or state—in violation of Section 3, and made holding or attempting to hold office in violation of Section 3 a federal crime.

Section 5 limits congressional legislation enforcing Section 3, because Section 5 is strictly “remedial.” To comply with that limitation, Congress “must tailor its legislative scheme to remedying or preventing” the specific conduct the relevant provision prohibits. Section 3, unlike other provisions of the Fourteenth Amendment, proscribes conduct of individuals. It bars persons from holding office after taking a qualifying oath and then engaging in insurrection or rebellion—nothing more.

Any congressional legislation enforcing Section 3 must, like the Enforcement Act of 1870 and §2383, reflect “congruence and proportionality” between preventing or remedying that conduct “and the means adopted to that end.” Neither we nor the respondents are aware of any other legislation by Congress to enforce Section 3.

The disruption would be all the more acute—and could nullify the votes of millions and change the election result—if Section 3 enforcement were attempted after the Nation has voted. Nothing in the Constitution requires that we endure such chaos—arriving at any time or different times, up to and perhaps beyond the Inauguration.

Justice Sotomayor, Justice Kagan, and Justice Jackson Opinion on the Majority Ruling:

Yet the majority goes further. Even though “[a]ll nine Members of the Court” agree that this independent and sufficient rationale resolves this case, five Justices go on. They decide novel constitutional questions to insulate this Court and petitioner from future controversy. Ante, at 13. Although only an individual State’s action is at issue here, the majority opines on which federal actors can enforce Section 3, and how they must do so. The majority announces that a disqualification for insurrection can occur only when Congress enacts a particular kind of legislation pursuant to Section 5 of the Fourteenth Amendment. In doing so, the majority shuts the door on other potential means of federal enforcement. We cannot join an opinion that decides momentous and difficult issues unnecessarily, and we therefore concur only in the judgment.

Yet the Court continues on to resolve questions not before us. In a case involving no federal action whatsoever, the Court opines on how federal enforcement of Section 3 must proceed. Congress, the majority says, must enact legislation under Section 5 prescribing the procedures to “ ‘ “ascertain[ ] what particular individuals” ’ ” should be disqualified. Ante, at 5 (quoting Griffin’s Case, 11 F. Cas. 7, 26 (No. 5,815) (CC Va. 1869) (Chase, Circuit Justice)). These musings are as inadequately supported as they are gratuitous.

To start, nothing in Section 3’s text supports the majority’s view of how federal disqualification efforts must operate. Section 3 states simply that “[n]o person shall” hold certain positions and offices if they are oathbreaking insurrectionists. Amdt. 14. Nothing in that unequivocal bar suggests that implementing legislation enacted under Section 5 is “critical” (or, for that matter, what that word means in this context). Ante, at 5. In fact, the text cuts the opposite way. Section 3 provides that when an oathbreaking insurrectionist is disqualified, “Congress may by a vote of two-thirds of each House, remove such disability.” It is hard to understand why the Constitution would require a congressional supermajority to remove a disqualification if a simple majority could nullify Section 3’s operation by repealing or declining to pass implementing legislation. Even petitioner’s lawyer acknowledged the “tension” in Section 3 that the majority’s view creates. See Tr. of Oral Arg. 31.

Similarly, nothing else in the rest of the Fourteenth Amendment supports the majority’s view. Section 5 gives Congress the “power to enforce [the Amendment] by appropriate legislation.” Remedial legislation of any kind, however, is not required. All the Reconstruction Amendments (including the due process and equal protection guarantees and prohibition of slavery) “are self-executing,” meaning that they do not depend on legislation. City of Boerne v. Flores, 521 U.S. 507, 524 (1997); see Civil Rights Cases, 109 U.S. 3, 20 (1883). Similarly, other constitutional rules of disqualification, like the two-term limit on the Presidency, do not require implementing legislation. See, e.g., Art. II, §1, cl. 5 (Presidential Qualifications); Amdt. 22 (Presidential Term Limits). Nor does the majority suggest otherwise. It simply creates a special rule for the insurrection disability in Section 3.

The majority is left with next to no support for its requirement that a Section 3 disqualification can occur only pursuant to legislation enacted for that purpose. It cites Griffin’s Case, but that is a nonprecedential, lower court opinion by a single Justice in his capacity as a circuit judge. See ante, at 5 (quoting 11 F. Cas., at 26). Once again, even petitioner’s lawyer distanced himself from fully embracing this case as probative of Section 3’s meaning. See Tr. of Oral Arg. 35–36. The majority also cites Senator Trumbull’s statements that Section 3 “ ‘provide[d] no means for enforcing’ ” itself. Ante, at 5 (quoting Cong. Globe, 41st Cong., 1st Sess., 626 (1869)). The majority, however, neglects to mention the Senator’s view that “[i]t is the [F]ourteenth [A]mendment that prevents a person from holding office,” with the proposed legislation simply “affor[ding] a more efficient and speedy remedy” for effecting the disqualification. Cong. Globe, 41st Cong., 1st Sess., at 626–627.

Ultimately, under the guise of providing a more “complete explanation for the judgment,” ante, at 13, the majority resolves many unsettled questions about Section 3. It forecloses judicial enforcement of that provision, such as might occur when a party is prosecuted by an insurrectionist and raises a defense on that score. The majority further holds that any legislation to enforce this provision must prescribe certain procedures “ ‘tailor[ed]’ ” to Section 3, ante, at 10, ruling out enforcement under general federal statutes requiring the government to comply with the law. By resolving these and other questions, the majority attempts to insulate all alleged insurrectionists from future challenges to their holding federal office.

“What it does today, the Court should have left undone.” Bush v. Gore, 531 U.S. 98, 158 (2000) (Breyer, J., dissenting). The Court today needed to resolve only a single question: whether an individual State may keep a Presidential candidate found to have engaged in insurrection off its ballot. The majority resolves much more than the case before us. Although federal enforcement of Section 3 is in no way at issue, the majority announces novel rules for how that enforcement must operate. It reaches out to decide Section 3 questions not before us, and to foreclose future efforts to disqualify a Presidential candidate under that provision. In a sensitive case crying out for judicial restraint, it abandons that course.

Section 3 serves an important, though rarely needed, role in our democracy. The American people have the power to vote for and elect candidates for national office, and that is a great and glorious thing. The men who drafted and ratified the Fourteenth Amendment, however, had witnessed an “insurrection [and] rebellion” to defend slavery. §3. They wanted to ensure that those who had participated in that insurrection, and in possible future insurrections, could not return to prominent roles. Today, the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President. Although we agree that Colorado cannot enforce Section 3, we protest the majority’s effort to use this case to define the limits of federal enforcement of that provision. Because we would decide only the issue before us, we concur only in the judgment.

[progressivepower]

PRESIDENT BIDENS ACCOMPLISHMENTS:

✅More People Are Working Than At Any Point in American History

✅Managed inflation to where it is now under control & moving consistently downward

✅Stock markets hitting all time highs & most well managed businesses are now thriving under this economy

✅Delivering on the Most Aggressive Climate and Environmental Justice Agenda in American History

✅Making More in America where wages are increasing across the board

✅Rescued the Economy and Changed the Course of the Pandemic

✅Lowering Costs of Families’ Everyday Expenses

✅Biden's Inflation Reduction Act will save millions of seniors money on some of the costliest prescription drugs on the market. New laws now give

✅Medicare the power to negotiate drug prices.

✅Rebuilding our Infrastructure

✅Historic Expansion of Benefits and Services for Toxic Exposed Veterans

✅The First Meaningful Gun Violence Reduction Legislation in 30 Years

✅Protected Marriage for LGBTQI+ and Interracial Couples

✅Historic Confirmation of Supreme Court Justice Ketanji Brown Jackson and Federal Judges of Diverse Backgrounds

✅Rallied the World to Support Ukraine in Response to Putin’s Aggression

✅Strengthened Alliances and Partnerships to Deliver for the American People

✅Successful Counterterrorism Missions Against the Leaders of Al Qaeda and ISIS

✅Executive Orders Protecting Reproductive Rights

✅Historic Student Debt Relief for over 4 million Middle- and Working-Class Families so far.

✅Ending our Failed Approach to Marijuana

✅Advancing Equity and Racial Justice, Including Historic Criminal Justice Reform

[collapsedsquid]

Two things seemed clear after the Supreme Court heard oral arguments in Trump v. Anderson, the case concerning whether Section 3 of the Fourteenth Amendment bars Donald Trump from the presidency as an insurrectionist. First, most of the justices want to rule in Trump’s favor. Second, they’re struggling to figure out how to do so. Maybe Section 3 doesn’t apply to the presidency per se, Justices Neil Gorsuch and Ketanji Brown Jackson said—and perhaps, along those same lines, it doesn’t prohibit oath-breaking former presidents from holding future office either? Or perhaps, Justice Samuel Alito pondered, the Fourteenth Amendment prohibits insurrectionists from holding office, but not from running for it? Justice Brett Kavanaugh seemed enamored of the idea that the amendment doesn’t allow states to disqualify candidates for federal office—as Colorado did here—without Congress first giving the go-ahead. In a related line of inquiry, which the justices seemed to coalesce around as arguments went on, Chief Justice John Roberts and Justice Elena Kagan suggested that perhaps there’s something inappropriate about allowing individual states to make decisions that could potentially determine a national election.

I do love the "something inappropriate about allowing individual states to make decisions that could potentially determine a national election." Perhaps there is something inappropriate about it but that is how the US election system works.

Gonna argue that our election system, like our immigration system, would be unacceptable to the vast majority of Americans for contradictory reasons if they understood how it worked so congressmen can campaign and judges rule based on totally imaginary ideas.

[justinspoliticalcorner]

S.V. Dáte at HuffPost:

WASHINGTON — A presidential order to the military to conduct a coup to keep him in office “might well be an official act,” Donald Trump’s lawyer told the Supreme Court Thursday on the question of whether Trump’s attempted coup is immune from prosecution. The extraordinary exchange was among several in lengthy oral arguments before the justices, who will now decide whether the former president will stand trial on federal charges based on his actions leading up to the violent assault on the Capitol on Jan. 6, 2021. Trump has been claiming that all his actions as president were “official acts” and therefore immune from prosecution entirely. While justices seemed skeptical of that assertion, most expressed concern that former presidents could be prosecuted in bad faith and for political reasons in the years to come.

“Reliance on the good faith of the prosecutor may not be enough,” Chief Justice John Roberts told Department of Justice lawyer Michael Dreeben. “I take that concern,” added Justice Ketanji Brown Jackson. “I think it’s a real thing.” How justices decide to protect future presidents from prosecutions based on their legitimate official actions could decide whether Trump faces a trial at all before the November election on the Jan. 6 indictment. If the court orders trial judge Tanya Chutkan to hold an evidentiary hearing to weed out the “official” components of Trump’s actions versus the ones for his private or political gain, that hearing and potential appeals of her ruling could consume many more months. And if Trump wins back the White House, he could order prosecutors to drop all unresolved federal charges against him.

While Dreeben did not refer to the coming election at all, he repeated his boss special counsel Jack Smith’s request that the case be sent back to Chutkan with instructions that concerns about not punishing “official” acts be dealt with in jury instructions, rather than a separate hearing. “We would like to present that as an integrated picture to the jury so that it sees the sequence and the gravity of the conduct and why each step occurred,” Dreeben said. Trump’s lawyer, John Sauer, meanwhile came in for even more pointed questioning from most of the justices, but none more on point than Elena Kagan’s question about 40 minutes in.

“How about if the president orders the military to stage a coup?” Kagan asked. “That might well be an official act,” Sauer answered. Sauer also claimed that a presidential assassination of a political rival as well as the sale of nuclear secrets to a foreign power could also be defended as official acts immune from prosecution. Trump was not at the Supreme Court during the oral arguments Thursday but rather was in a different courtroom, in lower Manhattan, in the early phase of an unrelated criminal trial.

During the oral arguments for the Trump v. United States presidential immunity case at SCOTUS on Thursday, Trump lawyer John Sauer told the court that even a military coup would be immune from prosecution as an "official act."

See Also:

HuffPost: Trump Lawyer Argues He Could Legally Order Assassination Of Political Rival

[simply-ivanka]

DIRTY DEEDS

DONE DIRT CHEAP

Biden Administration lowers itself even further!

[ridenwithbiden]

Supreme Court Justice Elena Kagan offered a scathing dissent Friday as her conservative colleagues transferred the power of federal agencies to the courts in a major decision overturning the Chevron deference.

In overruling that doctrine, Kagan argued that “the majority turns itself into the country’s administrative czar.”

Joined by fellow liberal Justices Sonia Sotomayor and Ketanji Brown Jackson, she wrote that the majority replaced a rule of “judicial humility” with one of “judicial hubris.”

“In one fell swoop, the majority today gives itself exclusive power over every open issue—no matter how expertise-driven or policy-laden—involving the meaning of regulatory law,” Kagan wrote.

She added that the decision puts the courts at the center of a wide variety of policy issues, ranging from climate change to artificial intelligence.

“The Court has substituted its own judgment on workplace health for that of the Occupational Safety and Health Administration; its own judgment on climate change for that of the Environmental Protection Agency; and its own judgment on student loans for that of the Department of Education,” Kagan wrote.

The 6-3 decision by the court upended a 40-year administrative law precedent in which federal agencies were given leeway to interpret ambiguous laws through rulemaking.

Now, judges will substitute their own best interpretation of the law, instead of deferring to the agencies — effectively making it easier to overturn regulations that govern wide-ranging aspects of American life.

“Chevron is overruled,” Chief Justice John Roberts wrote in his decision, which was joined by his five conservative colleagues.

Roberts argued that “courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”

[contemplatingoutlander]

Opinion | Justices course correct on gun control. Don’t count on it to continue.

The Supreme Court, at least for now, cleans up some of the mess from its Bruen ruling in 2022.

Ruth Marcus discusses the ramifications for reasonable gun control legislation as a result of the Supreme Court's United States v. Rahimi decision. This is a gift🎁link, so you can read the entire article even if you don't subscribe to The Washington Post. Below are some excerpts:

Two years ago, the Supreme Court created predictable havoc with its declaration that gun restrictions could only be justified under the Second Amendment if they were rooted in history and tradition. On Friday, the court cleaned up some of that mess, upholding the constitutionality of a federal law that prohibits those subject to domestic violence restraining orders from possessing guns. Only Justice Clarence Thomas, author of the earlier ruling, dissented. [...] Friday’s ruling made clear, as Roberts put it, that Second Amendment law is not “trapped in amber,” requiring a precedent precisely on point. “Since the founding, our Nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms,” Roberts wrote. “As applied to the facts of this case, [the domestic abuse law] fits comfortably within this tradition.” There is an infuriating blame-the-victim tone to the majority opinion, lamenting that “some courts have misunderstood the methodology of our recent Second Amendment cases.” Really? As Justice Ketanji Brown Jackson observed, "Bruen" unleashed “chaos” in the lower courts as judges engaged in a “mad scramble for historical records,” an enterprise for which they are ill-equipped and for which the court provided woefully inadequate guidance. [...] Sotomayor, in a concurrence joined by Kagan, zeroed in on the inherent limitations of the historical approach. “Given the fact that the law at the founding was more likely to protect husbands who abused their spouses than offer some measure of accountability, it is no surprise that that generation did not have an equivalent” to the law disarming domestic abusers, she noted. [...] Perhaps more interesting was the array of approaches endorsed by the conservative justices.... Justice Neil M. Gorsuch emphasized that the historical inquiry shouldn’t be watered down to too great a level of generality, lest courts “risk gaming away an individual right the people expressly preserved for themselves,” signaling, perhaps, that for him Rahimi’s case was a one-off. Justice Amy Coney Barrett, who has been musing openly this term about how to apply the historical test, emphasized that “imposing a test that demands overly specific analogues has serious problems,” and said the absence of a restriction wasn’t necessarily dispositive. At the same time, Barrett expressed doubt about looking to historical practices long after ratification of the text at issue. [emphasis added]

Clarence Thomas still cannot admit he went too far in his Bruen decision.

Surprisingly, Ruth Marcus doesn't directly address Clarence Thomas's lone dissent. Here is an excerpt from a NY Times article that does so:

In dissent, Justice Thomas vehemently disagreed with the majority’s approach. “The court and government do not point to a single historical law revoking a citizen’s Second Amendment right based on possible interpersonal violence,” he wrote. Justice Thomas wrote that the government has a better way to disarm dangerous people ��� by prosecuting them for criminal violence. What the government cannot do, he said, is to “strip the Second Amendment right of anyone subject to a protective order — even if he has never been accused or convicted of a crime.” [emphasis added]

In his Rahimi dissent, Thomas appears to be more concerned about his ego (regarding his Bruen "historical analysis" rule) than in the implications of allowing people under domestic violence restraining orders to obtain guns.

Furthermore, Thomas's suggestion that "a better way" to deal with this is through "criminal violence" prosecutions, ignores the fact that not everyone under a restraining order has criminal charges filed against them. And even if they do, they can avoid conviction (or at least delay it through appeals) if they have the means to hire good attorneys.

Thomas is neither the "textualist" nor the "originalist" that he claims to be. He created the Bruen "historical analysis" rule out of thin air to bolster Heller's willful misinterpretation of the Second Amendment--a decision which overturned 200 years of precedent.

[grits-galraisedinthesouth]

Supreme Court Overturns DOJ's Use of Key J6 Felony Court

"Today's decision means Attorney General Merrick Garland and federal judges in Washington wrongfully prosecuted roughly 350 J6ers with the post-Enron felony"

JULIE KELLY

JUN 28, 2024 In a devastating but well-deserved blow to the Department of Justice’s criminal prosecution of January 6 protesters, the U.S. Supreme Court today overturned the DOJ’s use of 18 USC 1512(c)(2), the most prevalent felony in J6 cases.

The statute, commonly referred to as “obstruction of an official proceeding,” has been applied in roughly 350 J6 cases; it also represents two of four counts in Special Counsel Jack Smith’s J6-related criminal indictment of Donald Trump in Washington. 

In a 6-3 decision, Chief Justice John Roberts wrote that the “c2” subsection is tethered to the “c1” subsection that addresses tampering with a record, document, or “object.”

From the opinion:

Roberts was joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. Justice Amy Coney Barrett authored the dissent (!) joined by Elena Kagan and Sonia Sotomayor.

Today’s decision means hundreds of Americans have been wrongfully prosecuted by Attorney General Merrick Garland as he insists his department is dedicated to upholding the “rule of law” and pursuing justice “without fear or favor.”

An Irreversible Black Eye for DOJ and Federal Courts in Washington

The matter originated in the case of Joseph Fischer, a Pennsylvania man who attended Trump’s speech and later went to the Capitol. According to court documents, Fischer briefly entered the building around 3:25 p.m., nearly an hour after the joint session of Congress to certify the electoral college votes had recessed. He exited about four minutes later.

In March 2021, a D.C. grand jury indicted Fischer on numerous counts including 1512(c)(2). The statute reads:

Whoever corruptly— 

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or 

(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so.

It is punishable by up to 20 years in prison.

Fischer, in addition to many J6ers facing the count, asked his judge to dismiss the charge. Judge Carl Nichols, appointed by Trump, dismissed the count against Fischer and two other defendants by finding the language in the post-Enron/Arthur Anderson statute covered tampering with records or documents not interrupting a meeting of Congress. The DOJ appealed Nichols’ decision.

In December, SCOTUS granted Fischer’s petition to grant cert seeking to reverse the appellate court’s mandate. Oral arguments were held on April 16.

Nichols is the only judge to have dismissed the count; 18 district and circuit court judges in Washington refused to dismiss the count. The judges essentially enabled the Biden DOJ’s unlawful pursuit of Americans who protested Biden’s election that day.

The List of Shame:

Judge Beryl Howell (Obama, former chief judge)

Judge James Boasberg (Obama, current chief judge)

Judge Rudolph Contreras (Obama)

Judge Trevor McFadden (Trump)

Judge John Bates (GW Bush)

Judge Amit Mehta (Obama)

Judge Dabny Friedrich (Trump)

Judge Royce Lamberth (Reagan)

Judge Richard Leon (GW Bush)

Judge Colleen Kollar-Kotelly (Clinton)

Judge Amy Berman Jackson (Obama)

Judge Timothy Kelly (Trump)

Judge Randolph Moss (Clinton)

Judge Paul Friedman (Clinton)

Judge Christopher Cooper (Obama)

D.C. Circuit Court Judge Florence Pan (Biden)—Pan wrote both appellate court decisions upholding 1512c2

D.C. Circuit Court Judge Justin Walker (Trump)

D.C. Circuit Court Judge Cornelia Pillard

There Goes Your Summer, Your Honor

The federal courthouse in Washington has been bracing for a flood of motions post-Fischer; a few judges have released individuals from prison in anticipation of a reversal. Roughly 110 J6ers have been sentenced to prison on 1512(c)(2) convictions; several J6ers were held under pretrial detention for being charged with the nonviolent obstruction count alone.

But despite the law’s legal limbo over the past year, U.S. Attorney for the District of Columbia Matthew Graves, a Biden appointee, continued to indict J6ers on 1512(c)(2) while some judges continued to sentence those convicted to lengthy prison terms. Last month, Beryl Howell, the former chief judge who upheld the 1512(c)(2) charges for defendants in her courtroom, sentenced a Missouri man to 60 months in prison for the 1512 conviction and assault on police.

In January 2022, Howell gave the green light for her colleagues to support the DOJ’s use of the obstruction count. Here is what she said in denying a motion to dismiss filed by two J6ers:

“For over 200 years, the peaceful transition of power from one presidential administration to another has been marked with Congress's certification of the Electoral College vote; and this event has been respectfully observed by American citizens, but not on January 6, 2021. And I start with this historical fact because what happened on January 6th was a chilling new type of criminal conduct to which our criminal laws have never before had to be applied. Application of criminal laws to conduct never before seen, like what occurred on January 6, 2021, appropriately generates the kind of legal questions the defendants raise here about whether the criminal law fits the charged criminal conduct.”

The first judge to uphold the obstruction charge in J6 cases was Trump-appointee Dabny Friedrich. In 2021, she agreed that interrupting a meeting of Congress met the definition of “official proceeding” and that the statute’s broad language did not require the government to prove the conduct involved tampering with records or documents.

Ironically—or not—Friedrich is married to Matthew Friedrich, a former DOJ official who worked on the Enron Task Force alongside Andrew Weissman and current deputy attorney general Lisa Monaco. The 1512(c)(2) statute was a product of the Enron/Arthur Anderson investigation; Weissmann, as the lead prosecutor for Special Counsel Robert Mueller in the bogus Russiagate probe, pushed the DOJ to charge Trump with 1512(c)(2) while in office.

Retired judge Thomas Hogan recently warned how a SCOTUS’s reversal of 1512(c)(2) would affect the DC courthouse. Here is Hogan, who upheld the statute in J6 prosecutions, with former DOJ official and FISAgate mastermind Mary McCord:

Reacting to the SCOTUS decision, Geri Perna, aunt of Matthew Perna, told me this by email:

“When Matthew was unexpectedly charged with the felony of Obstruction of an Official Proceeding—after initially facing only misdemeanors—his world collapsed. The weight of a potential lengthy prison sentence bore down on him, filling his days with insurmountable worry and anxiety. At that time, there was no glimmer of hope that this severe charge would be dropped.

Matthew has now been dead for 28 months. In the wake of his passing, the Supreme Court of the United States is finally set to rule on whether the Department of Justice wrongfully applied 1512(c)(2) in January 6 cases. As much as I am hopeful for a just ruling in favor of the January 6 defendants, I am consumed by a profound sense of loss and anger. My nephew's death was both avoidable and senseless.

I feel cheated, and if that sounds selfish, then so be it. The pain of losing Matthew under such circumstances is a burden I carry every day. I fervently hope that those responsible for wielding this charge erroneously will be held accountable in a court of law. However, I am not holding my breath.”

[wilwheaton]

"Justice Elena Kagan memorably castigated him for treating 'judging as scorekeeping,' whining about 'how unfair it is' when he loses, and repeating the same bad arguments 'at a higher volume.' Justice Sonia Sotomayor has repeatedly accused him of outright dishonesty by misrepresenting precedent and dangling false promises. In a fed-up dissent in just her first term, Justice Ketanji Brown Jackson compared a Kavanaugh majority opinion to the children’s book If You Give a Mouse a Cookie. [Samul] Alito’s rebuttal to Kavanaugh’s dissent in Sackett v. EPAconsisted of exactly one sentence: Kavanaugh’s argument, Alito wrote, 'cannot be taken seriously.'"

Justices are 'losing patience': Brett Kavanaugh skewered as a 'lightweight' in brutal analysis

Hold up.

This guy?

“The consequences will extend long past my nomination. The consequences will be with us for decades. This grotesque character assassination will dissuade confident and good people of all political persuasions from serving our country, and as we all know, in the political system of the early 2000s, what goes around comes around.”

This piece of shit?

The guy who spent his entire life as a right wing activist judge, who was part of the Brooks Brothers “riot”, snarled and barked and insulted the Senate Judiciary Committee during his farcical confirmation hearing, who lied repeatedly about his history of sexual assault, his gambling debts, and threatened to explicitly hurt people who he views as antagonistic to him ... turns out to be an intellectual lightweight in the mold of Thomas? He doesn’t give a flying fuck about law or justice or precedent, he just wants to hurt people he doesn’t like under the color of law?

Wow. None of us saw that coming.

[dreaminginthedeepsouth]

LETTERS FROM AN AMERICAN

March 4, 2024

HEATHER COX RICHARDSON

MAR 5, 2024

Today the Supreme Court ruled unanimously that states cannot remove Donald Trump from the 2024 presidential ballot. Colorado officials, as well as officials from other states, had challenged Trump’s ability to run for the presidency, noting that the third section of the Fourteenth Amendment prohibits those who have engaged in insurrection after taking an oath to support the Constitution from holding office. The court concluded that the Fourteenth Amendment leaves the question of enforcing the Fourteenth Amendment up to Congress. 

But the court didn’t stop there. It sidestepped the question of whether the events of January 6, 2021, were an insurrection, declining to reverse Colorado’s finding that Trump was an insurrectionist.

In those decisions, the court was unanimous.

But then five of the justices cast themselves off from the other four. Those five went on to “decide novel constitutional questions to insulate this Court and petitioner from future controversy,” as the three dissenting liberal judges put it. The five described what they believed could disqualify from office someone who had participated in an insurrection: a specific type of legislation.

Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson in one concurrence, and Justice Amy Coney Barrett in another, note that the majority went beyond what was necessary in this expansion of its decision. “By resolving these and other questions, the majority attempts to insulate all alleged insurrectionists from future challenges to their holding federal office,” Kagan, Sotomayor, and Jackson wrote. Seeming to criticize those three of her colleagues as much as the majority, Barrett wrote: “This is not the time to amplify disagreement with stridency…. [W]ritings on the Court should turn the national temperature down, not up.” 

Conservative judge J. Michael Luttig wrote that “in the course of unnecessarily deciding all of these questions when they were not even presented by the case, the five-Justice majority effectively decided not only that the former president will never be subject to disqualification, but that no person who ever engages in an insurrection against the Constitution of the United States in the future will be disqualified under the Fourteenth Amendment’s Disqualification Clause.”

Justice Clarence Thomas, whose wife, Ginni, participated in the attempt to overturn the results of the 2020 presidential election, notably did not recuse himself from participating in the case.

There is, perhaps, a larger story behind the majority’s musings on future congressional actions. Its decision to go beyond what was required to decide a specific question and suggest the boundaries of future legislation pushed it from judicial review into the realm of lawmaking. 

For years now, Republicans, especially Republican senators who have turned the previously rarely-used filibuster into a common tool, have stopped Congress from making laws and have instead thrown decision-making to the courts.

Two days ago, in Slate, legal analyst Mark Joseph Stern noted that when Mitch McConnell (R-KY) was Senate majority leader, he “realized you don’t need to win elections to enact Republican policy. You don’t need to change hearts and minds. You don’t need to push ballot initiatives or win over the views of the people. All you have to do is stack the courts. You only need 51 votes in the Senate to stack the courts with far-right partisan activists…[a]nd they will enact Republican policies under the guise of judicial review, policies that could never pass through the democratic process. And those policies will be bulletproof, because they will be called ‘law.’”

—

LETTERS FROM AN AMERICAN

HEATHER COX RICHARDSON

[lboogie1906]

Jurist Ketanji Onyika Brown Jackson (September 14, 1970) serves as an associate justice of the SCOTUS. She was nominated to the Supreme Court by President Joe Biden and sworn into office on June 30, 2022. She was a US circuit judge of the US Court of Appeals for the District of Columbia Circuit.

She was born in DC. Her father, Johnny Brown, further attended the University of Miami School of Law and became the chief attorney for the Miami-Dade County School Board; her mother, Ellery, served as school principal at New World School of the Arts in Miami.

She studied government at Harvard University. She performed improv comedy took classes in drama and led protests against a student who displayed a Confederate flag from his dorm window. She graduated from Harvard with an AB magna cum laude. Her senior thesis was entitled “The Hand of Oppression: Plea Bargaining Processes and the Coercion of Criminal Defendants”.

She worked as a staff reporter and researcher for Time magazine, then attended Harvard Law School, where she was a supervising editor of the Harvard Law Review. She graduated with a JD cum laude.

She is a member of the Judicial Conference Committee on Defender Services and the Council of the American Law Institute. She serves on the board of Georgetown Day School and the Supreme Court Fellows Commission.

She has served as a judge in several mock trials with the Shakespeare Theatre Company. She presided over a mock trial, hosted by Drexel University’s Thomas R. Kline School of Law, “to determine if Vice President Aaron Burr was guilty of murdering” Alexander Hamilton.

She has served as a judge for the Historical Society of the District of Columbia’s Mock Court Program. She served on the advisory board of Montrose Christian School, a Baptist school.

She presented at the University of Georgia School of Law’s 35th Edith House Lecture. She gave the Martin Luther King Jr. Day Lecture at the University of Michigan Law School and was honored at the University of Chicago Law School’s third annual Judge James B. Parsons Legacy Dinner, which was hosted by the school’s Black Law Students Association. #africanhistory365 #africanexcellence #deltasigmatheta

[beardedmrbean]

WASHINGTON — The Supreme Court on Friday upheld a federal law that prohibits people subjected to domestic violence restraining orders from having firearms, taking a step back from its recent endorsement of a broad right to possess a gun.

The court on an 8-1 vote ruled in favor of the Biden administration, which was defending the law — one of several federal gun restrictions currently facing legal challenges.

The ruling indicates that some longstanding gun laws are likely to survive despite the court's 2022 decision that expanded gun rights by finding for the first time that there is a right to bear arms outside the home under the Constitution's Second Amendment.

Writing for the majority, Chief Justice John Roberts wrote that since the United States was founded "our nation's firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms."

The provision at issue in the case "fits comfortably within this tradition," he added.

In reaching its conclusion, the court did not embrace some of the arguments made by the Biden administration in defense of the law, including that the government can disarm people who are not "responsible."

Although the vote was lopsided, with only conservative Justice Clarence Thomas dissenting, the ruling nevertheless exposed divisions among the justices on the gun rights issue, with five justices writing separate concurring opinions explaining their views.

The 2022 decision, in a case called New York State Rifle and Pistol Association v. Bruen, said gun restrictions had to be analyzed based on a historical understanding of the right to bear arms. As such, the decision raised questions about many existing gun restrictions that gun rights activists say are not anchored in historical tradition.

One of those other laws, which bars users of illegal drugs from possessing firearms, has drawn scrutiny in part because Hunter Biden, President Joe Biden’s son, has been charged with violating it and has mounted a constitutional challenge.

The three liberal justices on the conservative-majority court were all in the majority while making it clear they disagree with the 2022 ruling.

Justice Ketanji Brown Jackson, who was appointed by President Joe Biden after that decision was issued, said the new case "highlights the apparent difficulty faced by judges on the ground" in deciding which gun laws should be upheld in light of the earlier ruling.

The case before the justices concerned Zackey Rahimi, a Texas man whose partner obtained a restraining order against him in February 2020. He argued that he cannot be prosecuted under the federal gun possession restriction in light of what the Supreme Court concluded.

Rahimi’s ex-partner, with whom he shares a child, obtained a restraining order after an incident in an Arlington, Texas, parking lot in 2019. Rahimi allegedly knocked the woman to the ground, dragged her to his car and pushed her inside, causing her to knock her head on the dashboard, prosecutors said in court papers. He also allegedly fired a shot from his gun in the direction of a witness.

Even while the protective order was in place, Rahimi was implicated in a series of shootings, including one in which he allegedly fired bullets into a house using an AR-15 rifle, prosecutors allege.

Rahimi faces state charges in the domestic assault and a separate assault against a different woman. But the case before the justices concerns his separate prosecution by the Justice Department for violating the federal gun possession law.

Rahimi ultimately pleaded guilty and was sentenced to six years in prison.

The New Orleans-based 5th U.S. Circuit Court of Appeals applied the Supreme Court’s 2022 ruling in Rahimi’s case and concluded last year that the law “fails to pass constitutional muster.”

[vonnie422]

MoveOn: Thanks for taking action to urge President Biden & Senate Democrats to do #WhateverItTakes to confirm fair & qualified judges in the next few weeks.

Urgent action is needed to confirm as many federal judges as possible before Trump & Senate Republicans take office. Trump's first presidency saw over 230 judicial appointments, many of whom rolled back critical rights, including overturning Roe. President Biden & Senate Democrats must work swiftly during the lame duck session to confirm the 29 pending judicial nominees, prioritizing diversity & protecting fundamental freedoms.

President Biden has already successfully confirmed 215 judges in his first term, including historic appointments like Justice Ketanji Brown Jackson. However, Trump's potential for reshaping the judiciary again looms large, with an estimated 250 judicial seats eligible for a form of semi-retirement which allows them to be replaced in the next four years. The Senate must act creatively & efficiently to fill as many vacancies as possible now.

This is our last chance to confirm fair-minded, qualified judges before Trump & Senate Republicans again start stacking our courts with extremists. Help urge President Biden & Senate Democrats to do whatever it takes by asking 3 friends to text CONFIRM to 668366.