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You are here: Home / Economics / C.R.E.A.M. / Blind Justice/Republican Crime Syndicate

Blind Justice/Republican Crime Syndicate

by Tom Levenson|  November 12, 20104:37 pm| 69 Comments

This post is in: C.R.E.A.M., Fucked-up-edness, Republican Crime Syndicate - aka the Bush Admin.

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Y’all may have seen this, in which case I apologize, but via GOS I got to this Think Progress report on Justice (sic!) Samuel (“not true”/nose extension) Alito’s second job as a GOP and Regnery fundraiser and fluffer:

Last night, the American Spectator — a right-wing magazine known for its role in the “Arkansas Project,” a well-funded effort to invent stories with the goal of eventually impeaching President Clinton — held its annual gala fundraising event….Among the attendees toasting Rep. Michele Bachmann (R-MN), the keynote speaker for the event, was Supreme Court Justice Sam Alito.

The ethical disaster this represents for a sitting judge — any judge, much less a from-whom-there-is-no-appeal member of the Supremes — is obvious I think.  Certainly, all but nine judges in the federal system would find themselves in trouble if they emulated Alito.  Here is text of seemingly relevant passages of the Code of Conduct for United States Judges,

CANON 4C: ..a judge should not personally participate in fund-raising activities, solicit funds for any organization, or use or permit the use of the prestige of judicial office for that purpose. A judge should not personally participate in membership solicitation if the solicitation might reasonably be perceived as coercive or is essentially a fund-raising mechanism.”

CANON 5: A JUDGE SHOULD REFRAIN FROM POLITICAL ACTIVITY
A.     General Prohibitions.  A judge should not:
….
(3)     solicit funds for, pay an assessment to, or make a contribution to a
political organization or candidate, or attend or purchase a ticket for a
dinner or other event sponsored by a political organization or candidate.
…

Basically, it says that Alito violated here one of the fundamental rules in place to ensure that the US gets judges capable of administering actual justice.  More, as the Think Progress report makes clear; he is a repeat offender here.

__

How is it possible, then, that this miscreant walks free — or at least continues to administer his odd notions of justice on the highest bench in the land?

__

Because…

Wait for it…

Don’t be too shocked…

Hang on…

The top court exempts itself from the requirement to adhere to to the Code of Conduct that rules the obligations of all lesser magistrates. (See the Code of Conduct for Judicial Employees, §310.10 (b) which says that “Justices and employees of the Supreme Court are subject to standards established by the Justices of that Court…”)

Which suggests why it can’t be a surprise that Alito is not the only offender here.  Scalia (the horror!) and Thomas (oh noes! not the pure-of-heart Thomas!) have participated in Koch brothers-sponsored events aimed at political fund-raising, according to earlier Think Progress reporting.

Not that such appearance of conflict actually suggests any pre-judging or influence sold on the part of such honorable men.

Especially, given “Not True” Alito’s protestations, this has nothing to do with the fact that the conservative axis of Alito-Kennedy-Roberts-Scalia-Thomas votes as close to the straight Chamber of Commerce ticket as humanly possible.

That group has produced a record of decisions that rewards the national Chamber of Commerce’s side 75% of the time in closely divided cases decided since 2006 — and better than four fifths of the time in the term that began in 2009. (Citizens United, anyone?)

This is how properly organized crime actually works.  You can do good business on the corner if the cop on the beat is on the arm…but you get to do real trade if you own the folks at the top.

Democracy only works if institutions are stronger than the individuals within them.  You can see the GOP project of the last thirty years as the (successful) attempt to gut American institutional power, an effort that achieved its greatest reach under the titular leadership of the lesser Bush and his Capo, Cheney.

That’s how we get the outcomes John decried here.

I’ll note that the ages of the five offending subsidiaries Justices are 74, 74, 62, 60, and 55.  Add six years and you reach the end of the next Presidential term.

All of which is to say that any of you thinking about voting to protest the many ways in which Obama has failed to deliver every last pony you or I might want are…

how to put this?…

Politely:

Very f**king stupid.

Image: William Hogarth, “The Bench,” c. 1758.

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69Comments

  1. 1.

    ruemara

    November 12, 2010 at 4:42 pm

    As an art major, may I just say I like your posts as historical learning and to see great art work as illustrations.

    Also too, god I want these 3 impeached.

  2. 2.

    beltane

    November 12, 2010 at 4:44 pm

    If we had a real media, there would be a drumbeat of demands for Alito to step down or be impeached. Too bad the powerful people in this country are rich people first, Republicans second, and Americans third. Too bad most of the non-powerful people in this country are too dumb to understand what is happening.

  3. 3.

    Senyordave

    November 12, 2010 at 4:48 pm

    I never thought it would be possible to have a Supreme Court judge be more of a sack of crap than Thomas or Scalia, but Alito is certainly making it a contest.

    Is it just not possible to be a conservative who is a major player and still be a decent person these days?

    The idea that a member of the Supreme Court would speak favorably about Michelle Bachmann is a scary thought.

  4. 4.

    kindness

    November 12, 2010 at 4:50 pm

    He can get away with it because the Supreme Court has excused themselves from following that directive.

    Yea, they have the power to do that even though I don’t think they should have that power.

  5. 5.

    FlipYrWhig

    November 12, 2010 at 4:51 pm

    At one point this would have been a huge and hairy deal. I doubt that it gets anywhere in the major newsmedia.

  6. 6.

    KG

    November 12, 2010 at 4:52 pm

    In fairness to Alito, from what you’ve quoted, there is nothing to suggest that he actually violated Cannon 4C. If you read the Commentary on 4C you’ll find this:

    A judge may attend fund-raising events of law-related and other organizations although the judge may not be a speaker, a guest of honor, or featured on the program of such an event. Use of a judge’s name, position in the organization, and judicial designation on an organization’s letterhead, including when used for fund raising or soliciting members, does not violate Canon 4C if comparable information and designations are listed for others.

    The story says he was an attendee. It doesn’t say that he was a speaker, a guest of honor, or otherwise featured on the program.

    Also, as the Commentary on Cannon 4 says:

    Complete separation of a judge from extrajudicial activities is neither possible nor wise; a judge should not become isolated from the society in which the judge lives.

  7. 7.

    Legalize

    November 12, 2010 at 4:53 pm

    We know why he gets to do whatever he wants: he’s not a liberal activist judge. The end.

  8. 8.

    mai naem

    November 12, 2010 at 4:54 pm

    IOKIYAR. Also too, a tax cut would solve this problem.

  9. 9.

    KG

    November 12, 2010 at 4:55 pm

    Also, with respect to Cannon 5:

    The term “political organization” refers to a political party, a group affiliated with a political party or candidate for public office, or an entity whose principal purpose is to advocate for or against political candidates or parties in connection with elections for public office.

    Based on that definition, I’m not sure he violated Cannon 5, either, as I’m not sure the American Spectator qualifies as a “political organization.”

  10. 10.

    FlipYrWhig

    November 12, 2010 at 4:56 pm

    @KG: Hmm. I first read

    Among the attendees toasting Rep. Michele Bachmann (R-MN), the keynote speaker for the event, was Supreme Court Justice Sam Alito.

    as

    Among the attendees…, the keynote speaker for the event, was Supreme Court Justice Sam Alito.

    I.e., Alito was the keynote speaker. But Bachmann was the keynote speaker and Alito was “toasting”? I guess that makes more sense.

  11. 11.

    robert green

    November 12, 2010 at 4:58 pm

    don’t worry tom, our current president brought to the court elena kagan, who may have views on all of this. or maybe not. who knows? it’s not like she’s published on this topic, or spoken on it, pretty much ever in her entire career. now, the same could NOT be said for messieurs Thomas roberts Scalia and Alito who had quite a long and distinguished record of speaking and publishing in ways that made quite clear EXACTLY who they were–recidivist water carriers for money and power. see, when you vote for a republican, that republican will ram a republican agenda down your throat. period. when you vote for a democrat, that democrat will…try to mollify and accommodate in order to achieve consensus. it’s so nice and all, but ummm, knife/gun fight analogy, anyone?

    so yes, no protest vote EVER because democrats will give you slightly better social progressive outcomes but from the corporatist side…who the fuck knows?

  12. 12.

    BGinCHI

    November 12, 2010 at 5:00 pm

    There’s a DC media principle here.

    It’s core is low expectations for conservatives and/or idiots.

    Bush travels to a G20 or on some foreign trip, and the only thing they cover is his photo ops and whatever dumbass thing he does, as if none of this had any consequences.

    Obama goes to G20 and India and, as the news today reported, failed to get all of the world’s major economies to agree to a monetary and trade policy that would allow us to whomp the living shit out of them. And then the media moans about how we HAVE TO HAVE this because we are suffering.

    Scrutiny for smart and hard working pols, ignore morons who break laws and wreck the economy because, well, how could they be expected to get anything right?

  13. 13.

    KG

    November 12, 2010 at 5:01 pm

    To follow up on my two previous comments: Alito being a keynote speaker, and making what appears to be a political speech at the event in 2008 is much more troublesome. But simply attending, as he did this year, I find to be much less offensive.

    I cannot say that I have been very impressed by Alito or Roberts as Justices to date. Even in cases where I agree with them, I find their standards to be less than what I expect from a Supreme Court Justice. Scalia and Thomas, for all their flaws, at least write legal opinions that one can disagree with but understand the jurisprudence underlying it. (And no, I am not a fan of Scalia’s results-oriented approach to jurisprudence)

  14. 14.

    KG

    November 12, 2010 at 5:02 pm

    @FlipYrWhig: the second comma tells me that Bachmann was the keynote speaker, not Alito. At least, that’s how I recall the rules of grammar.

  15. 15.

    John O

    November 12, 2010 at 5:04 pm

    This Court is incapable of ruling against The Man.

  16. 16.

    Zifnab

    November 12, 2010 at 5:06 pm

    Roberts, Alito, Scalia, and Thomas were selected because of their rigid partisan nature and their pro-business sympathies. They’re not judges in any conventional sense of the word. They’re Republican operatives.

    And these pretty little rules are worth a God Damn if no one is interested in enforcing them. Who judges the judges?

  17. 17.

    Zifnab

    November 12, 2010 at 5:09 pm

    @KG:

    (And no, I am not a fan of Scalia’s results-oriented approach to jurisprudence)

    He’s an originalist, KG. Originally, the Founding Fathers totally would have agreed with him.

  18. 18.

    Southern Beale

    November 12, 2010 at 5:15 pm

    So I’m sure if Sonia Sotomayor keynoted a La Raza fundraiser, Rush and the rest would be perfectly fine with that. Right? RIGHT?

  19. 19.

    Dennis SGMM

    November 12, 2010 at 5:17 pm

    @Zifnab:
    I always have trouble with that word “originalist.” It calls to mind those preachers who insist that we live by the literal words of the Bible and then interpret those words to sanction all sorts of mischief.

  20. 20.

    BGinCHI

    November 12, 2010 at 5:20 pm

    If Heath Shuler beats out Pelosi for minority leader I’m asking for all my campaign donations back from the Democratic Party.

    I can’t even believe I had to type the first part of that sentence.

    I need a drink.

  21. 21.

    Southern Beale

    November 12, 2010 at 5:24 pm

    Of course let’s also not forget Clarence Thomas’ wife is a Tea Party organizer.

  22. 22.

    Mike G

    November 12, 2010 at 5:24 pm

    @KG:

    I find their standards to be less than what I expect from a Supreme Court Justice.

    Repigs, like in the old Soviet Union, select people for high positions based upon their perceived loyalty and how well their ideology will serve their masters. The powers want dull tools with a low chance of getting smart-alecky ideas or principles and going off the reservation. This is how you end up with blatant dumbasses like Reagan, Quayle, Chimp W, Palin, Thomas, Scalia, Alito, etc, etc. Selecting for Stupid.

  23. 23.

    Southern Beale

    November 12, 2010 at 5:24 pm

    @BGinCHI:

    Not gonna happen, don’t worry. The Blue Dogs are now the minority in the minority party.

  24. 24.

    John O

    November 12, 2010 at 5:27 pm

    Scalia is an original douche.

  25. 25.

    BGinCHI

    November 12, 2010 at 5:29 pm

    @Southern Beale: OK. I’m still gonna have a drink though.

  26. 26.

    Tom Levenson

    November 12, 2010 at 5:30 pm

    @KG: The passages you cite in the Canon refer to law-oriented institutions in the primary position, and other activities in that context. The commentary you quote explicitly follows the lines you do cite with an extended passage talking about the duty of a judge to share law-related knowledge in the society.

    But if you read the Canons as a whole, the objections to both actual acts of political advocacy/fundraising/support and the appearance of impropriety that flows from even “sincere” engagements in partisan activities (and, I’d add, secretive and explicitly strategic meetings like the ones sponsored by both Regnery and the Kochs) are overwhelming. I kept my quoting short above so as not to try folks patience, but I’ve excerpted at greater length below, italicizing what are to me relevant passages. And, of course, anyone can go to the link in the main post and check this out for themselves.

    But the bottom line is that I think you are wrong in your charitable reading of the Canon as it would apply to Alito were he any kind of judge but the one he is.

    CANON 1: A JUDGE SHOULD UPHOLD THE INTEGRITY AND INDEPENDENCE
    OF THE JUDICIARY
    An independent and honorable judiciary is indispensable to justice in our society. A judge should maintain and enforce high standards of conduct and should personally
    observe those standards, so that the integrity and independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective.
    COMMENTARY
    Deference to the judgments and rulings of courts depends on public confidence in the integrity and independence of judges. The integrity and independence of judges depend in turn on their acting without fear or favor. Although judges should be
    independent, they must comply with the law and should comply with this Code. Adherence to this responsibility helps to maintain public confidence in the impartiality of the judiciary. Conversely, violation of this Code diminishes public confidence in the judiciary and injures our system of government under law.
    …
    CANON 2: A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES
    A. Respect for Law. A judge should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
    B. Outside Influence. A judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment. A judge should neither lend the prestige of the judicial office to advance the private interests of the judge or others nor convey or permit others to convey the impression that they are in a special position to influence the judge. …
    …
    COMMENTARY
    Canon 2A. An appearance of impropriety occurs when reasonable minds, with knowledge of all the relevant circumstances disclosed by a reasonable inquiry, would
    conclude that the judge’s honesty, integrity, impartiality, temperament, or fitness to serve as a judge is impaired. Public confidence in the judiciary is eroded by
    irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. This prohibition applies to both professional and personal conduct. A judge must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen. Because it is not practicable to list all prohibited acts, the prohibition is
    necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. Actual improprieties under this standard include violations of law, court rules, or other specific provisions of this Code.

    Canon 2B. …A judge should avoid lending the prestige of judicial office to advance the private interests of the judge or others. …A judge should be sensitive to possible abuse of the prestige of office. …
    …
    CANON 3: A JUDGE SHOULD PERFORM THE DUTIES OF THE OFFICE FAIRLY, IMPARTIALLY AND DILIGENTLY
    The duties of judicial office take precedence over all other activities. In performing the duties prescribed by law, the judge should adhere to the following standards:
    A. Adjudicative Responsibilities.
    (1) A judge should be faithful to, and maintain professional competence in, the law and should not be swayed by partisan interests, public clamor, or fear of criticism.
    …
    CANON 4: A JUDGE MAY ENGAGE IN EXTRAJUDICIAL ACTIVITIES THAT ARE CONSISTENT WITH THE OBLIGATIONS OF JUDICIAL OFFICE
    A judge may engage in extrajudicial activities, including law-related pursuits and civic, charitable, educational, religious, social, financial, fiduciary, and governmental
    activities, and may speak, write, lecture, and teach on both law-related and nonlegal subjects. However, a judge should not participate in extrajudicial activities that detract
    from the dignity of the judge’s office, interfere with the performance of the judge’s official duties, reflect adversely on the judge’s impartiality,
    lead to frequent disqualification, or violate the limitations set forth below.
    A. Law-related Activities.
    (1) Speaking, Writing, and Teaching. A judge may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice.
    (2) Consultation. A judge may consult with or appear at a public hearing before an executive or legislative body or official:
    (a) on matters concerning the law, the legal system, or the administration of justice;
    (b) to the extent that it would generally be perceived that a judge’s judicial experience provides special expertise in the area; or
    (c) when the judge is acting pro se in a matter involving the judge or the judge’s interest.
    (3) Organizations. A judge may participate in and serve as a member, officer, director, trustee, or nonlegal advisor of a nonprofit organization devoted to the law, the legal system, or the administration of justice and may assist such an organization in the management and investment of
    funds. A judge may make recommendations to public and private fund- granting agencies about projects and programs concerning the law, the legal system, and the administration of justice.
    …
    B. Civic and Charitable Activities. A judge may participate in and serve as an officer, director, trustee, or nonlegal advisor of a nonprofit civic, charitable, educational, religious, or social organization, subject to the following limitations:
    (1) A judge should not serve if it is likely that the organization will either be engaged in proceedings that would ordinarily come before the judge or be regularly engaged in adversary proceedings in any court.
    …
    C. Fund Raising. A judge may assist nonprofit law-related, civic, charitable, educational, religious, or social organizations in planning fund-raising activities and may be listed as an officer, director, or trustee. A judge may solicit funds for such an organization from judges over whom the judge does not exercise supervisory or appellate authority and from members of the judge’s family. Otherwise, a judge should not personally participate in fund-raising activities, solicit funds for any organization, or use or permit the use of the prestige of judicial office for that purpose. A judge should not personally participate in membership solicitation if the solicitation might reasonably be perceived as coercive or is essentially a fund-raising mechanism.
    …

    COMMENTARY
    Canon 4. Complete separation of a judge from extrajudicial activities is neither possible nor wise; a judge should not become isolated from the society in which the
    judge lives. As a judicial officer and a person specially learned in the law, a judge is in a unique position to contribute to the law, the legal system, and the administration of justice, including revising substantive and procedural law and improving criminal and juvenile justice. To the extent that the judge’s time permits andimpartiality is not compromised, the judge is encouraged to do so, either independently or through a bar association, judicial conference, or other organization dedicated to the law. Subject to the same limitations, judges may also engage in a wide range of non-law-related
    activities.
    …
    CANON 5: A JUDGE SHOULD REFRAIN FROM POLITICAL ACTIVITY
    A. General Prohibitions. A judge should not:
    (1) act as a leader or hold any office in a political organization;
    (2) make speeches for a political organization or candidate, or publicly endorse or oppose a candidate for public office; or
    (3) solicit funds for, pay an assessment to, or make a contribution to a political organization or candidate, or attend or purchase a ticket for a dinner or other event sponsored by a political organization or candidate.

  27. 27.

    Tom Levenson

    November 12, 2010 at 5:31 pm

    @KG: It should, of course be noted, that I don’t even play a lawyer on TV.

    (Bonus points to the first to nail the reference.)

    And, of course, the bottom line is that Alito violated no Canons, because, as noted in the post, they do not apply to him.

  28. 28.

    Kyle

    November 12, 2010 at 5:32 pm

    @Zifnab:

    Roberts, Alito, Scalia, and Thomas were selected because of their rigid partisan nature and their pro-business sympathies.

    If only there were some kind of “opposition party” that was tasked with reviewing these hideous ideologues before they were appointed to the court — members of a “senate”, so to speak. And that such “opposition party” would actually identify blatant Repig party hacks as such and reject them, rather than being suckered for the millionth time into voting for them under threat of being called names, scowled at by David Broder, or losing an illusory “comity” and “bipartisanship” that never existed.

  29. 29.

    FlipYrWhig

    November 12, 2010 at 5:32 pm

    @Mike G: Scalia is immensely smart-assed, though. He doesn’t quite fit the paradigm. Even Clarence Thomas… he’s a dick, and I don’t think he cares at all about his job, but he’s not a dimwit. Thomas is more like John Bolton, an angry ideologue who hates just about everything in the world.

  30. 30.

    FlipYrWhig

    November 12, 2010 at 5:38 pm

    @Kyle:

    If only there were some kind of “opposition party” that was tasked with reviewing these hideous ideologues before they were appointed to the court—members of a “senate”, so to speak. And that such “opposiition party” would actually identify blatant Repig party hacks as such and reject them, rather than being suckered for the millionth time into voting for them under threat of being called names and losing an illusory “comity” and “bipartisanship” that never existed.

    Cute. But even Russ Feingold thinks it’s not right to ding SC nominees for ideology, and it would be very hard to get the media and the public to understand the difference between “this guy isn’t qualified because he’s conservative” and “this guy isn’t qualified because he’s a Republican party hack.” It didn’t work on Alito or Roberts.

  31. 31.

    General Stuck

    November 12, 2010 at 5:41 pm

    Well, that is pretty much that

    Nancy the Great puts her spiked heel down on any notion of extending in any way the Bush rich folk tax cuts while she is Speaker in the lame duck.

    Well shiat! no format buttons, but this is the quote from TPM

    Speaker Nancy Pelosi will not give ground on her opposition to extending the Bush tax cuts on the wealthiest Americans, even as the White House and other Democrats have signaled that it might be time to compromise.

  32. 32.

    John O

    November 12, 2010 at 5:42 pm

    Tom, all you have to do is ask KG if he can name any similar liberal examples of SCOTUS’ doing the same, and what he and his brethren would say about it if he could find one.

    Gazoogle challenge!

  33. 33.

    daverave

    November 12, 2010 at 5:44 pm

    @FlipYrWhig:

    From what I’ve heard, Clarence doesn’t hate pornography, anyways.

  34. 34.

    Steve

    November 12, 2010 at 5:46 pm

    @FlipYrWhig:

    But even Russ Feingold thinks it’s not right to ding SC nominees for ideology, and it would be very hard to get the media and the public to understand the difference between “this guy isn’t qualified because he’s conservative” and “this guy isn’t qualified because he’s a Republican party hack.”

    We rejected Bork why? Because his beard was weird? Because his ‘stache was trash? I’m pretty sure it was ideology.

    I think it remains the view of the mainstream Democratic Party that Bork was appropriately rejected. I could be wrong.

  35. 35.

    FlipYrWhig

    November 12, 2010 at 5:48 pm

    @Steve: Sad to say, I don’t think that Bork would get “Borked” in 2010.

    ETA: That was, what, 20 years ago? I’m pretty confident that he’d get through now. Fox Nation would rally behind him and the non-liberal Democrats would scurry, scared of being tagged as ideologues. I don’t think it’s been possible to derail a Republican SC nominee since Thomas.

  36. 36.

    Corner Stone

    November 12, 2010 at 5:49 pm

    @BGinCHI:

    If Heath Shuler beats out Pelosi for minority leader I’m asking for all my campaign donations back from the Democratic Party.

    Where is this coming from?

  37. 37.

    Kat

    November 12, 2010 at 5:49 pm

    God, how I wish I hadn’t lived to see these neo-aristocrats – royalty in all but name – bvtt-fvcking and dismembering the American experiment.

    Don’t you get it? It’s not a Tea Party — it’s revenge for the tea party.

    Goodbye, America. You’ve no idea how much I regret your passing.

  38. 38.

    Dennis SGMM

    November 12, 2010 at 5:50 pm

    @Steve:

    We rejected Bork why?

    It was the swan dress. No, wait…

  39. 39.

    maya

    November 12, 2010 at 5:51 pm

    Roberts makes approx $224K as Chief J. The rest get $214K. All would make Obama’s tax cut. But! Is this enough in this high rolling age for the rich and the powerful? Has the Chamber of Commerce shown its appreciation for the Citizen United decision, or predecision, and how that has singlehandily ressurected the Republican Party and funded their up and coming little brother Teabaggers? I’m thinking 5 spanking new accounts in Dubai, (Switzerland isn’t safe anymore), with lots of numbers on the registry but no names.

  40. 40.

    Roger Moore

    November 12, 2010 at 5:54 pm

    @KG:

    The story says he was an attendee.

    The story also mentions that he was the keynote speaker for the event in 2008, and that the author tried to ask him about it.

  41. 41.

    General Stuck

    November 12, 2010 at 5:58 pm

    @Corner Stone:

    on TPM, Shuler is going to challenge Pelosi for minority leader

  42. 42.

    mikefromArlington

    November 12, 2010 at 5:58 pm

    Now hold on a minute. If he broke a rule, he should be held accountable.

    Who makes him accountable?

  43. 43.

    Jman

    November 12, 2010 at 5:59 pm

    All of which is to say that any of you thinking about voting to protest the many ways in which Obama has failed to deliver every last pony you or I might want are…

    how to put this?…

    Politely:

    Very f**king stupid.

    The Dems just took a shellacking in the last election. What if 2012 is even worse? Are you going to just sit there and be stupid or are you going to look around and see if there is some way to avoid another defeat? There are less than 2 years to go and the clock is ticking.

  44. 44.

    Dennis SGMM

    November 12, 2010 at 5:59 pm

    @mikefromArlington:
    He is the law.

  45. 45.

    BGinCHI

    November 12, 2010 at 6:06 pm

    @Corner Stone: He’s announcing this weekend that he’s running against her (via TPM), even though he acknowledges he won’t win.

    I suppose it’s just a move to be top dog of the blue variety who are left.

    Or, to paraphrase “Sixteen Candles” (the movie), he figures at least he’ll be king of the dipshits.

  46. 46.

    Steve

    November 12, 2010 at 6:06 pm

    @FlipYrWhig: Bork would probably do a better job of answering questions today because he would have learned from… Bork’s mistakes. The guy more or less hung himself. That said, he was pretty darn extreme… like Thomas if he had already written his nutty opinions instead of being a blank slate.

    In Bush’s book he says he nominated Alito instead of Edith Jones because he wasn’t sure Jones was confirmable. So the other side at least fears that an extreme judge could be blocked. Remember, Alito was confirmed in a Senate where the Republicans had a 10-vote margin… things start to look a little different if the Democrats have a majority and the nomination is actually in doubt.

  47. 47.

    WyldPirate

    November 12, 2010 at 6:09 pm

    @General Stuck:

    Speaker Nancy Pelosi will not give ground on her opposition to extending the Bush tax cuts on the wealthiest Americans, even as the White House and other Democrats have signaled that it might be time to compromise.

    Way to go Nancy!

    She at least shows a spine when so many of her colleagues don’t.

  48. 48.

    General Stuck

    November 12, 2010 at 6:10 pm

    Greed never sleeps and the most is not enough.

    The president gets little credit from investors for measures he oversaw to rescue the economy, including the continuation of a bailout of the financial industry begun under President George W. Bush, an expansion of the help for U.S. auto companies and the enactment of an $814 billion stimulus package. Only 1 of 6 investors says the Obama administration’s policies have been primarily responsible for the performance of the stock market or economy.

    Investors around the world say President Barack Obama is bad for the bottom line, even though U.S. corporations are on track for the biggest earnings growth in 22 years and the stock market is headed for its best back-to- back annual gains since 2004.

    But But, He’ Kenyan Moooslim Socialist

  49. 49.

    BGinCHI

    November 12, 2010 at 6:10 pm

    More of this, please:

    http://www.dailykos.com/storyonly/2010/11/12/920136/-AFL-CIO-calls-for-up-or-down-vote-on-middle-class-tax-cut

    Full of win.

  50. 50.

    BombIranForChrist

    November 12, 2010 at 6:10 pm

    So, basically, Obama can shit all over the values I hold close to my heart, but because the supreme justices are old, I must give him a free pass on everything.

    If this is what counts for “smart”, no wonder American government is grid-locked into a state of mediocrity.

  51. 51.

    dr. bloor

    November 12, 2010 at 6:20 pm

    @BombIranForChrist:

    grid-locked into a state of mediocrity.

    This implies a sense of stability that does not exist. Think “death spiral” instead.

  52. 52.

    rufflesinc

    November 12, 2010 at 6:23 pm

    fwiw, conservatives should thank Ted Kennedy for helping to tank Bork’s nomination. He’s on record as opposing an individual rights interpretation of the 2nd amendment, and would have made the two recent decisions go the other way. Of course, I bet those of us on the left would gladly accept that price for the myriad decisions he would have tipped the other way.

  53. 53.

    Tom Hilton

    November 12, 2010 at 6:32 pm

    @Dennis SGMM: Two aspects of the same thing: both involve (highly skewed) interpretations that pretend not to be interpretations at all. Literalists believe their reading of any text is simply passive absorption, with no interpretation–and that any interpretation of any text is completely illegitimate.

  54. 54.

    Michael

    November 12, 2010 at 6:38 pm

    Conservative Catholics are corrupt in that they will bend the rules to breaking in order to emplace their ideology as a governing philosophy. The ends tends to justify the means, according the the way they’re acculturated.

    They’re not dumb – they know exactly what they’re doing, are well educated, logical and ideologically consistent within the framework of canon law. There is a provision for literally every falsehood under the sun, and as a result, a sharp Conservative Catholic can make a ferocious litigator. You can’t trust a word they say, but they’ll shiv you with a smile on their lips and a rosary in their hands.

    They’re far more dangerous than their dipshit evangelical brethren, who tend to come at you head on, kind of like a clown.

  55. 55.

    tkogrumpy

    November 12, 2010 at 6:47 pm

    You can call me stupid til the cows come home,but that won’t change the fact that I have way more critical thinking skills than the average Joe, and it certainly won’t keep me from making what ever political decisions I think are in my interests.

  56. 56.

    Dennis SGMM

    November 12, 2010 at 6:55 pm

    @Tom Hilton:
    That’s it, exactly. And they get outraged if you in any way suggest that something as novel as granting corporations (Which I don’t believe were even mentioned in the Constitution as written by the Founders) Free Speech rights might not in any way have been a part of original intent.

  57. 57.

    Bob L

    November 12, 2010 at 7:11 pm

    @dr. bloor:

    This implies a sense of stability that does not exist. Think “death spiral” instead.

    Yes, we’re not fighting to get liberal values installed, though it would be great if we can do that, we’re fighting stop some group of ideologically blinded fools from turning American into a real life version of Mad Max: Beyond Thunderdome. As it’s been pointed out at lest Mitt Romney for what ever his faults can be trusted not to blow the world up, which is the very reason he won’t get the GOP nomination.

    The only thing that surprises me about this story about Alito’s is his speech is it wasn’t some gloating “Oh boy, didn’t we make the left’s ass BLEED with that Citizens United decision. Look at the LUZERS cry. Haha! Screwing the Left, that’s what I live for. This is year state of the union I am going make the loudest fart your ever heard.”

  58. 58.

    Steve

    November 12, 2010 at 7:14 pm

    @General Stuck:

    Only 1 of 6 investors says the Obama administration’s policies have been primarily responsible for the performance of the stock market or economy.

    Remember back when the stock market was tanking, and Fox News had daily stories on how the Dow Jones was pretty much the closest thing to a referendum on the President’s handling of the economy? How fortunate for them that most people have a political memory that’s measured in minutes.

  59. 59.

    Dennis SGMM

    November 12, 2010 at 7:28 pm

    @Steve:
    What makes me cranky to this very minute is how the state of the Dow is conflated with the state of the economy. Fucking unemployment/underemployment is close to 20% and the DJIA is over 11,000. If the former goes up to 25% but, the DJIA goes over 12,000 then we’re all okay – right?

    /rant

  60. 60.

    Greenhouse Guy

    November 12, 2010 at 7:28 pm

    BGinCHI… Or, to paraphrase “Sixteen Candles” (the movie), he figures at least he’ll be king of the dipshits.

    Noice.

  61. 61.

    LesGS

    November 12, 2010 at 7:48 pm

    @WyldPirate: That’s because she has balls!

    Wait, no…

  62. 62.

    NovShmozKaPop

    November 12, 2010 at 7:53 pm

    This is very interesting. Is there a limit is with respect to rules from which they can exempt themselves? I mean…bank robbery? Murder?

  63. 63.

    KG

    November 12, 2010 at 8:13 pm

    I’m an attorney but not a judge, and don’t have extensive knowledge of the law governing them. But from what I recall of my professional responsibility class from law school is that his mere attendance is not troubling. His speaking at the previous event is more problematic and worth some attention. As for examples from the other judges, I don’t have any but I wouldn’t be making an issue of it if I did.

  64. 64.

    Hart Williams

    November 12, 2010 at 8:19 pm

    Why?

    IOKIYAR – the SCOTUS Corollary.

    Scalia basically has been pissing on common judicial ethics for years, as in, personally criticizing other justices’ opinions in dissents, going hunting and fishing with persons who have cases pending before the court, and, of course, sodomizing the Constitution in Bush v. Gore (2000).

    And Clarence Thomas’ Omaha wife, of course. Etc. etc. etc. Roberts probably won’t recuse himself from abortion cases, even though his wife is a long-time anti-abortion activist.

    Alito probably thinks it’s normal protocol.

  65. 65.

    tkogrumpy

    November 12, 2010 at 8:22 pm

    @NovShmozKaPop: No.

  66. 66.

    WyldPirate

    November 12, 2010 at 8:42 pm

    @LesGS:

    @WyldPirate: That’s because she has balls!
    Wait, no…

    LOL. Well, in a sense she does. They just got hit with a different set of hormones during a critical stage of development and never got the “word” to descend into those labia that didn’t get the hormonal “word” to fuse into a scrotum.

    Most of our male Dem pols seem to have neither a spine nor adequate testosterone production. It’s either that, or the just pretend to give a shit about the country and the lower 98% of us hoi polloi.

  67. 67.

    rb827

    November 12, 2010 at 9:31 pm

    @KG:
    “Among the attendees toasting Rep. Michele Bachmann (R-MN), the keynote speaker for the event, was Supreme Court Justice Sam Alito.”

    not only was he a speaker he was the keynote speaker.

  68. 68.

    NovShmozKaPop

    November 12, 2010 at 9:57 pm

    @tkogrumpy: Do you mean no, there’s no limit or no, they cannot exempt themselves?

  69. 69.

    JoyfulA

    November 13, 2010 at 4:06 am

    @Kyle: Here and there I see Ed Rendell being boosted for DNC chair or the Cabinet or some other high-level Democratic post, now that he’s been term-limited out of the Pennsylvania governorship. Please remind anyone touting Ed that he was an immense and verbose fan of Sam Alito for the Supreme Court who worked overtime to develop Democratic support for the nominee.

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