Come for the politics, stay for the snark.

Someone should tell Republicans that violence is the last refuge of the incompetent, or possibly the first.

Our job is not to persuade republicans but to defeat them.

Republicans would impeach Biden if he bit into a whole Kit Kat rather than breaking the sections apart.

Usually wrong but never in doubt

🎶 Those boots were made for mockin’ 🎵

Come on, media. you have one job. start doing it.

The Supreme Court is corrupt. Democrats must win in November and force court reform.

I was confident that someone would point it out and thought why not me.

The problem people have with Biden’s age is the color of the VPs skin.

Following reporting rules is only for the little people, apparently.

We won’t go back.

Can we lighten up on the doomsday scenarios?

The choice is between normal and crazy.

I’m starting to think Jesus may have made a mistake saving people with no questions asked.

So it was an October Surprise A Day, like an Advent calendar but for crime.

If you are still in the gop, you are either an extremist yourself, or in bed with those who are.

It’s all just conspiracy shit beamed down from the mothership.

In my day, never was longer.

Republicans: slavery is when you own me. freedom is when I own you.

Within six months Twitter will be fully self-driving.

Live so that if you miss a day of work people aren’t hoping you’re dead.

Let’s finish the job.

We’re not going back!

Well, whatever it is, it’s better than being a Republican.

You are here: Home / Politics / Activist Judges! / Actual Justice Open Thread: Four More SCOTUS Judges

Actual Justice Open Thread: Four More SCOTUS Judges

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… Which will bring the tally to one for each of the current thirteen U.S. circuit courts. (Or, for the ‘Christian nationalists‘, one for each Apostle and their leader.)


Pragmatic moderate (and my junior Senator):

Reader Interactions

227Comments

  2. 2.

    TS (the original)

    Just tuned out Lawrence O’Donnell.  Was disappointed that his guest seems to think the big difference in Michigan today is that Hillary Clinton didn’t talk to people.

    If they had to be persuaded by the presence of a candidate to not vote for Donald Trump they were never going to vote for Hillary Clinton. This time around they have seen what trump is and what he has done. That will be the difference.  Not that Hillary didn’t talk to them nicely.

  4. 4.

    Tim C.

    So since we are in operation high-hopes.   I know that DC statehood is something we want, I want it too for all the same reasons.   How come the go-to is DC though and not Puerto Rico?    PR has if anything way more claim to statehood as it’s larger than a lot of states and has been US Territory for over a century?

  6. 6.

    piratedan

    Mitch wants to talk about how elections have consequences, well if it was my DOJ, I think I would be looking at coordination between certain GOP party leaders and Russian GRU and FSB logistics in the 2016 election regarding the sharing of data and coordinating social media attacks and perhaps even some polite financing. My understanding is that there’s no expire-by date on treason and the last I looked, you can still get the death penalty for it. We KNOW that the Russians did it with the Trump campaign, I don’t believe that its inconceivable that the relationship ended there.

  7. 7.

    Another Scott

    Fight for 15!! If there’s a good reason, we can be magnanimous and compromise and reluctantly accept 13.

    Relatedly, Drum:

    However, voting intentions have changed a lot—though not in the way you might think. In 2016, Trump lost women by 13 points. According to a recent Pew poll, he’s likely to lose them by 16 points this year. That’s a 3-point drop and it means that Trump is suffering one of the worst blowouts among women of any presidential candidate ever.

    Among men, Trump won by 11 points in 2016. This year he’s likely to lose them by 4 points. That’s an astonishing 15-point drop. It’s among men that he’s truly cratered. And this has happened across nearly all demographic and racial groups.

    Other polls show things a little differently. A Washington Post poll conducted last week suggests that Trump has lost 11 points among men and 10 points among women. Either way, though, what this shows is that Trump isn’t doing badly just because women have turned against him. Everyone has turned against him, and men have turned as much or more than women.

    (Emphasis added.)

    Run up the score!! No quarter!! Burn the lifeboats!! Burn the tire swings!!11

    Cheers,
    Scott.

  9. 9.

    Sebastian

    The number is fifteen, not thirteen

     

    GWB was a stolen presidency. Fuck them. As was Trump. Fuck them. Garland was a stolen seat. Fuck them.

     

    When punishing a wrongdoing you don’t get even. You punish to discourage future attempts.

    Fifteen judges and then let rain fire. We are done playing

  10. 10.

    Ivan X

    The thing is, if we add four seats, we still need all 7 of those votes most of the time. “Our side” are not ideologues, unlike theirs. So I don’t know if we can count on that. Can we have more seats?

  13. 13.

    MisterForkbeard

    @Tim C.: Two reasons:

    1. DC actually wants statehood. PR isn’t sure.
    2. DC is more reliably Democratic than PR is.

    We should do both, of course. But #1 is the most important reason to focus on it.

  14. 14.

    Jim, Foolish Literalist

    Wonk vs Wonk
    Nate Cohn and Dave Wasserman each rank the states they think most likely to flip from trump ’16 to Biden ’20. Interesting they both think AZ more likely than W

    ETA: interesting because I believe Biden has had consistently larger margins in WI for the past few months

  16. 16.

    waspuppet

    Nancy Pelosi can take the high road. I’m saying we need four more justices because Just stopping the damage does nothing; they sit back and say “OK you can’t win em all; we’ll try again tomorrow.”

    Republicans will not stop pulling their America-hating shit until it ends up hurting them more than if they’d kept their yaps shut.

    Personally, I’d have advocated for four more justices even if Trump had withdrawn Barrett last week. Because fuck you for even thinking about it.

  17. 17.

    HumboldtBlue

    @Tim C.:

    How come the go-to is DC though and not Puerto Rico?

    Because Puerto Rico is more conservative than you think and it’s also up to them to want statehood and if they do they will approve a referendum. It’s not our call, it’s theirs.

  18. 18.

    Tim C.

    Okay!   Got multiple good answers, and I didn’t realize the the folks down in PR were ambivalent.

     

    *the more you know rainbow appears

  19. 19.

    MisterForkbeard

    @Sebastian: Right. They need to stop with the “3 options and the winner needs a majority” thing.

    It should be independence or statehood at this point. Status Quo shouldn’t be an option any longer.

  21. 21.

    Sebastian

    @piratedan:

    Precisely. And certain “media operations” as well. Looking at you, Hannity and Fox.

    Prosecuting vanilla corruption like insider trading on COVID knowledge should take care of a bunch of senators and we might be looking at a very different senate in a year.

  22. 22.

    Kent

    @Tim C.:So since we are in operation high-hopes.   I know that DC statehood is something we want, I want it too for all the same reasons.   How come the go-to is DC though and not Puerto Rico?    PR has if anything way more claim to statehood as it’s larger than a lot of states and has been US Territory for over a century?

    We already know that something like 80% of DC residents prefer statehood.  Not so sure about Puerto Rico.  We’d probably need another referendum there to determine the will of the people.  They voted against statehood a decade or two ago, but that was when Puerto Rico had certain territorial advantages in terms of tax rates and investments that they have since lost.

    I suspect it would pass.  But we at least need to ask the Puerto Ricans if it is what they want.

  23. 23.

    NoraLenderbee

    the confirmation of amy coney barrett is going to end up being the republican party’s operation barbarossa

    Let’s hope it’s their Stalingrad.

  24. 24.

    piratedan

    @Tim C.: while there has been approval based on referendums, the numbers of those voting haven’t exceeded 50% of the residents (at least as I understand it).  So there may be a cry for an official plebiscite with the understanding that we’re actually listening now… Statehood, remain as a territory, Independence as the options…

    Plus, you also have the suggestion that if you admit them as a state, then you also have to expand the number of seats in the House and Senate (‘natch) but other shoes may drop with it…i.e. the national Flag, the resulting infrastructure along the lines of do they include the VI with them?

    I also wouldn’t consider it a foregone conclusion that they would be a straight up gain for the Democrats, likely… maybe, guaranteed, no.

  27. 27.

    cain

    @Mag:

    Yes, we need to make sure that when the american public stops taking interest 2 years from now that we have something in place that locks the Republicans out.

    No more fucking around now. If any of these senators want to have any kind of legacy they are going to have to be spitfire rebels. The comity is ended.

  28. 28.

    Sebastian

    @MisterForkbeard:

    Yes, there will always a large enough group that is fine with living the island life but with the option to use the US passport and try it on the mainland.

    I think the 3 options approach was on purpose to lock in the sweetheart deal.

  29. 29.

    Jim, Foolish Literalist

    Welfare kings and queens, in trucker cap crowns

    Daniel Dale @ddale8 · 59m
    Trump in Nebraska touting the billions in public money his administration has given to farmers: “In fact, some people say our farmers do better now than they did when they actually had a farm. Heh.”

  31. 31.

    Chetan Murthy

    @Ivan X: 13?  Nopes.   Do the math:

    9

    + 3 to take back what the Fucking Russian Usurper stole

    + 3 to give us back the advantage we should have had

    + 3 to PUNISH the fucking Traitor GrOPers for their perfidy

    + 1 to make it an odd number

    == 19.

    Nineteen.

    Fuck you, Moscow Mitch.  Fuck you.

  32. 32.

    mali muso

    @waspuppet: Personally, I’d have advocated for four more justices even if Trump had withdrawn Barrett last week. Because fuck you for even thinking about it.

    I like the cut of your jib!

  33. 33.

    Fair Economist

    @Sebastian: I think Congress should declare that the US will no longer be an colonialist power. All the inhabited territories – PR, Guam, American Samoa, the Virgin Islands, and the Marianas Islands – can either become states or become independent countries. Their choice. Colonialism is morally toxic – look at Trump’s treatment of PR, or the slave labor allowed in the Marianas.

    All but the Marianas lean D so it’s probably to our political advantage as well. But it’s the moral thing to do in any case.

  34. 34.

    Kent

    @Sebastian:

    The number is fifteen, not thirteen

    GWB was a stolen presidency. Fuck them. As was Trump. Fuck them. Garland was a stolen seat. Fuck them.

    When punishing a wrongdoing you don’t get even. You punish to discourage future attempts.

    Fifteen judges and then let rain fire. We are done playing

    Step 1.  Expand the number of circuits to 14.   The 9th Circuit is long overdue for splitting.  Give half the judges to each new circuit and fill in the rest with Dem appointees.  If they don’t want to move, replace them with new judges.  The 9th Circuit can be CA, HI, AZ, NV, and the Pacific Islands.  The new 14th Circuit can be WA, OR, MT, ID, and AK.

    Step 2.  Expand Scotus to 15 (14 for each circuit and one to round up to reach an odd number).

  35. 35.

    Urza

    It wasn’t just a justice for every Circuit Court.  It was meant to be 3 justices for every circuit court, at least for the first several and then they debated having 1 justice for each new circuit court.  Diminishing the power of any single justice to be the swing vote ALL the time should be a major goal of any changes.

    Me, i’m all for 3 for every circuit.  And lets find people that just graduated law school for lifetime appointments.  Obviously experience is not required, nor is a good law school, or the ability to handle facts.  Get the most raging Bernie Bros you can find if you want, just don’t let anyone right leaning in whatever you do.

  38. 38.

    Splitting Image

    Don’t forget that serious judicial reform has to involve splitting up the Ninth Circuit, which covers nearly twice the population of any other circuit. So that means adding an extra justice after the new circuit is created.

    Also, since the Court requires an odd number of people to avoid split decisions, the reshuffling has to create still one more circuit, bringing the total number of justices to fifteen.

    I don’t make the rules here. I’m simply interpreting the wishes of the Founders. Calling balls and strikes as it were.

    ETA: I see Kent brought this up first.

  40. 40.

    Another Scott

    @Jim, Foolish Literalist: You’re no fun.  ;-)

    https://www.electoral-vote.com/senate/

    52 / 1 / 47

    at the moment.

    [eta] https://juanitajean.com/a-dozen/

    Holy cow! A dozen senate seats are in play? I’d be happy with 5.

    While Republican Senate seats in Maine, Colorado, North Carolina and Arizona already appear to be lost causes for the GOP leadership, Politico’s James Arkin reported that more GOP senators are finding themselves “scrambling” in more states than the party had planned for.

    Republicans are scrambling resources into red and purple states alike — from Kansas and South Carolina to Iowa and North Carolina — cutting down Democrats’ massive financial edge and hoping for a late-breaking turn in their favor, similar to four years ago.

    Cheers,
    Scott.

  42. 42.

    Jim, Foolish Literalist

    @Another Scott: I am the avowed enemy of premature exaltation

    ETA: I will say if Dems want to build public support for court reform, Hayes’ point needs to be hammered by every elected prominent Dem and sympathetic talking head. Convince people there is a problem before trying to sell the solution.

    The first thing Justice Barrett did was to participate in a campaign event at the White House for the president, eight days before an election that he has explicitly said he expects will turn on her vote.

  43. 43.

    cain

    @Fair Economist:

    @Sebastian: I think Congress should declare that the US will no longer be an colonialist power. All the inhabited territories – PR, Guam, American Samoa, the Virgin Islands, and the Marianas Islands – can either become states or become independent countries. Their choice. Colonialism is morally toxic – look at Trump’s treatment of PR, or the slave labor allowed in the Marianas.

    The Marianas and others might consider that with global warming that some of that rising seas might create a lot less land in their island. I mean even Hawaii is threatened from what I understand.

  44. 44.

    L85NJGT

    Why not just change the SC to nationally elected seats on 12 year terms?

    That Federalist majority sure wants to politik from the bench, so why not give them what they want?

  45. 45.

    Kent

    @Jim, Foolish Literalist:ETA: I will say if Dems want to build public support for court reform, Hayes’ point needs to be hammered by every elected prominent Dem and sympathetic talking head. Convince people there is a problem before trying to sell the solution.

    Talking about Barrett attending a party isn’t going to convince them.  Talking about how she is going to repeal Medicare and everyone over 65 is going to be “get that shit done”

  47. 47.

    MisterForkbeard

    @L85NJGT: That requires a constitutional change or a new reading of the current constitution which will not be disapproved by this Supreme Court.

    I don’t think adding term limits will happen unless it’s part of a much larger package.

  48. 48.

    Kent

    @L85NJGT:

    Why not just change the SC to nationally elected seats on 12 year terms?

    That Federalist majority sure wants to politik from the bench, so why not give them what they want?

    That would require a constitutional amendment.  The lifetime presidential appointment process with Senate confirmation is in the constitution.  The number of justices is not.

    What would actually make the most sense would be 18 year terms with each presidential 4-year term getting 2 new appointees.   Plus a 3rd appointee for any justices who die in office, but that would only be an interim appointment to run until the 18 year term is up.    1 justice comes up for nomination every 2 years, in the first and third years of every president’s term.

    And then change the confirmation process such that the nominee is deemed to be acceptable unless REJECTED by the Senate.  If they don’t want to hold a vote then the justice is automatically approved.

  54. 54.

    Matt McIrvin

    I have an even better idea. Six fewer SCOTUS justices.

    Not really caring much how at the moment.

  55. 55.

    Jim, Foolish Literalist

    Mike Murphy, who always strikes me as one of the most Republican of the never trump Republicans, says he’s seen Republican polls that show Biden up “a couple of points” in Ohio.

  57. 57.

    MisterForkbeard

    @Kent: You can do both. “Barrett is a political arsonist working for Trump, and she’s out to get rid of the ACA and thinks Social Security is unconstitutional.”

  61. 61.

    Jay

    Philly police shot and killed Walter Wallace today for holding a knife 10 feet away from them during a mental health crisis while his mother stood right there trying to deescalate. A reminder it doesn’t have to be like that.pic.twitter.com/zkykxiHHWx— Joshua Potash (@JoshuaPotash) October 27, 2020

    Philly Police chief Outlaw's statement on today's shooting, from 4.5 hours ago, has eight likesI don't think people listened. https://t.co/HtJ5jUDEWN— Robert Evans (The Only Robert Evans) (@IwriteOK) October 27, 2020

    The Philadelphia Police Department is requesting that all residents in the 12, 16, 18, 19, 24, 25, and 26th Districts remain indoors except when necessary. These areas are experiencing widespread demonstrations that have turned violent with looting.— Philadelphia OEM (@PhilaOEM) October 28, 2020

  62. 62.

    Adam L Silverman

    I would just remind everyone that Clarence Thomas is 72 years old and has some serious health issues. And that Samuel Alito is 70 and also has some health issues. And both of them are obese. Does this mean they’re going to plotz tomorrow? No. But it also means that should a Democrat be president when they do, then the 6-3 majority that McConnell and Leonard Leo have engineered using the President as a useful idiot will become a 5-4 majority appointed by a Democratic president. Especially as I expect that Breyer will retire sometime next year if Biden is elected president.

  64. 64.

    MisterForkbeard

    @Winston: I think they can pass a law that certain types of cases can’t be heard by the Court. Then they can pass that a law that falls into that category.

    You might still have the first law taken to court.

  67. 67.

    Jim, Foolish Literalist

    @Adam L Silverman: Brett Kavanaugh, 55, appears to have a lot of the same lifestyle, with the addition of a rage problem, as his fellow Hiberno-American Tim Russert, who left us for the saloon in the sky at 58. And hasn’t Roberts had a couple of unexplained (for lack of a better term) fainting spells?

  69. 69.

    Adam L Silverman

    @Tim C.: Neither are a lock. DC requires a constitutional amendment because DC’s status is established in the Constitution. Puerto Rico should require a referendum of the citizens of Puerto Rico in order for statehood to have legitimacy.

  70. 70.

    Sally

    @Tim C.: Others might have already said this, but it’s not clear that PR people want statehood. Of less importance, but relevant to us, they are not necessarily the fervent Dems many seem to think. OTOH, we know DC does want statehood. And there may be other territories that do too. Maybe a referendum for the territories.

    ED: Ok, so I see my genius points have been well covered by everybody else //

  76. 76.

    Jay

    The White House issues a 62 page report declaring the pandemic is over. President Super Spreader is outside of La Crosse tonight, holding a rally where people are huddled in 28 degree weather. The level of willful genocide is unfathomable to me.— Barbara Malmet (@B52Malmet) October 28, 2020

  77. 77.

    Another Scott

    @Adam L Silverman: I think the constitutional issues have been well addressed.  But, of course, lawyers can and will argue about anything – it’s what they’re paid to do.

    Cheers,
    Scott.

  79. 79.

    L85NJGT

    “good behaviour” don’t mean shit to Jane Q. Public. We should interpret it like the GOP uses the 2nd amendment. Well regulated militia = forty round mags for every baby!

  80. 80.

    Jim, Foolish Literalist

    @Suzanne: ah, thanks, I didn’t know he had been diagnosed with epilepsy.

    ETA:

    @Adam L Silverman: and the Senators who, if they win, will make Mitch McConnell Minority Leader seem to have a lot more in common with Amy Klobuchar and Michael Bennet than with Elizabeth Warren and Bernie Sanders

  81. 81.

    prostratedragon

    Congrats to the Dodgers and their fans. I’m not usually with them, but glad they won this one after so much recent frustration and, maybe, chicanery.

    Tonight Rachel Maddow did a barnburner of a first segment, reviewing the history of voting rights from Selma to the defeat of Dallas County Sheriff Jim Clark. It was really something. Stacy Abrams came on later and gave it a special shoutout.

  83. 83.

    dmsilev

    @Adam L Silverman: I’ve seen suggestions that the way to get DC statehood without an Amendment is to create a teeny tiny Federal District that’s basically just the White House and Capitol Hill, and turn the rest of the current District into the State of Columbia or whatever.

  88. 88.

    Sally

    Another reason I’d like 15, is I’d love to see Garland seated on the USSC. He’s  nearly 70, so I want some wriggle room in return for his age.

  90. 90.

    Another Scott

    @dmsilev: DCist (from 2019):

    How far along are efforts to get statehood? Is it likely to happen any time soon? 

    Currently, D.C. officials are touting what’s called the “Tennessee Model” to become a state, rather than fight for a constitutional amendment.  Announced by Mayor Bowser in April 2016, that plan requires residents to approve the notion and vote for a state constitution (which happened in 2016), followed by the passage of a statehood bill in the House and Senate and then, finally, the president’s signature. Voila, statehood!

    This congressional term, the bill that would make D.C. the 51st state (aptly called H.R. 51 in the House, with an accompanying Senate version) has more support than ever before. But even with a historic number of representatives and senators on board, it has little chance of passage.

    While it could conceivably be approved by the House of Representatives (House Speaker Nancy Pelosi backs the measure, and Norton is confident it will pass if it gets a floor vote), its prospects in the Senate are dim. Despite a record number of senators on board (including most of the ones running for president), Senate Majority Leader Mitch McConnell is very unlikely to put the bill to a vote. He has called D.C. statehood efforts “full-bore socialism.”

    During the 2016 campaign, President Donald Trump appeared somewhat supportive of statehood, though it’s tough to imagine him signing the bill into law.

    So, whether D.C. becomes a state depends a lot on who gets elected into federal office.

    […]

    Wait, but I thought D.C. being a federal district was in the Constitution? How can you make D.C. a state without a constitutional amendment? 

    There are certainly people who believe that HR 51 is unconstitutional. The Republican witness testifying at Thursday’s statehood hearing in the House, Roger Pilon — director of the CATO Institute for Constitutional Studies — believes that Congress doesn’t have the power to grant the District statehood. This argument is in keeping with GOP messaging about D.C. statehood.

    But that legal perspective is by no means a consensus. The American Civil Liberties Union’s legal analysis found that HR 51 is “a constitutionally permissible and valid and defensible exercise of congressional authority” (the ACLU backs statehood). The reasoning is that the legislation would keep a federal district in place to serve as “the Seat of the Government of the United States,” as the Constitution demands. It’s just that the federal district would be smaller, and no longer include residential areas.

    (See the original for embedded links.)

    FWIW.

    Cheers,
    Scott.

  91. 91.

    HumboldtBlue

    @Omnes Omnibus:

    But doesn’t the Constitution grant Congress the right to admit new states?

    And if so, does that mean there’s a particular status to DC that Congress can’t override?

  92. 92.

    Hunter Gathers

    The Los Angeles Dodgers have defeated the Tampa Bay Galaxy Brains for their 1st championship since 1988.

    World Series MVP? Kevin Cash

    Edit – Dodger 3rd baseman Justin Turner was pulled earlier in the game after testing positive for COVID.

    2020 remains On Brand

  94. 94.

    Jim, Foolish Literalist

    @Another Scott:

    He has called D.C. statehood efforts “full-bore socialism.”

    does anyone on the right, or in the press, even think about what that word means anymore? Jesus

  98. 98.

    Uncle Omar

    Like I said in the other thread, call the judicial reform bill The Mitch McConnell Judicial Reform Act of 2021 and make the miserable bastard watch it pass with no way to stop it.

  99. 99.

    Adam L Silverman

    @Winston: Hopefully this will be handled by Haines City Police. If it’s handled by the county sheriff, one Grady Judd who makes Joe Arpaio look Dennis Kucinich, then the locals are likely to be firebombed for having Biden signs.

  102. 102.

    SoupCatcher

    @?BillinGlendaleCA:

     

    Just talked to my mom.  She said it sounded like cannons were going off in the neighborhood.  They’re going to wait to take their evening walk until after everything falls to earth.

  104. 104.

    Sally

    @Suzanne: Ha – I thought you were saying fuck to me! Then I realised. I agree with you on this, the court has lost its legitimacy so we might as well burn it to the ground. Nineteen or one hundred, dilute the fascists till they’re homeopathic! They wanted to play dirty, then we can wipe the floor with them, is that dirty enough?

  105. 105.

    Jay

    Philly cops are rioting.We watched a cop car careen through a corner and deliberately plow through a crowd of protesters.Now they're vandalizing people's cars, dragging them into the street, and beating them in front of their own children.They're fucking out of control. https://t.co/vANBVby8IG— Gwen Snyder is undead (@gwensnyderPHL) October 28, 2020

  106. 106.

    Omnes Omnibus

    @Sally: What is your end goal?  Aside from diluting the votes of the Trump appointees.  Is a functioning Supreme Court in the mix?  How would it work with 100 Justices?

  107. 107.

    Adam L Silverman

    @rikyrah: I got two mailers yesterday telling me what I need to know about voting for Biden while black.

    Someone at The Color For Change PAC is very confused.

  109. 109.

    Brachiator

    @dmsilev:

    County Public Health folks have spent the last few days fretting about mass celebrating…

    Some people up the street felt the need to shoot their guns. Idiots think that bullets go up into the air forever or disappear.

  110. 110.

    Winston

    @Adam L Silverman: I’m a FB friend with Grady’s nephew, and was on his pool team for a while. We don’t talk politics, but I thought Grady cautioning BLM protesters not to go into the neighborhoods because all the residents of Polk county have guns and were likely to shoot them, certainly calmed things down in Lakeland.

  112. 112.

    J R in WV

    @cain:

    The Marianas and others might consider that with global warming that some of that rising seas might create a lot less land in their island. I mean even Hawaii is threatened from what I understand.

    Hawaii is volcanic, and tall, mountains up to 14,000 feet. If they are threatened, even WV will be under water. Not likely. Cousin in Hawaii not worried living at 800 feet, low for the Big Island.

    Hotels on the beach, not my/our problem…

  117. 117.

    J R in WV

    @L85NJGT:

    Those changes require a constitutional amendment. Changing the number of justices is only an act of congress. Same with adding circuits, etc.

    ETA: Justices and Judges serve while under “good behaviour” which is not defined in the constitution. So maybe that definition could be legislatively defined to control the behaviour of justices?

  118. 118.

    Glyph2112

    1 – so if congress passes any laws, the Supreme Court ( if a suit is brought) can simply say “not constitutional” and over turn it?

    2 – you would think at some point, they made it.  Highest court in the land.  For life.  You would think they would want a legacy other than partisan hack.

    3 – This aggressive court packing is going to elicit a response.  Shitty partisan decisions will elicit a response.  They are risking impeachment or irrelevance by doing it.

    i just can’t understand how terrible republicans are.  It’s just a total smash and grab.

  119. 119.

    mrmoshpotato

    I love Turtle-faced Fascist Motherfucker saying “Elections have consequences.” when the Rethuglicans and the Russkies ratfucked 2016.

    It’s enough to make you want to piss on his grave.

  121. 121.

    Adam L Silverman

    @Omnes Omnibus: I’ve seen people who I know know better assert that DC can be done by simple act of Congress. So I may be missing something, but my understanding is that its status as a Federal district is established in the Constitution. And that would seem to suggest it would require a constitutional amendment to change that status even if states, in general, can be added by the normal legislative process.

  122. 122.

    Adam L Silverman

    @Eolirin: I’m happy for the House bill. I’m not sure doing something through statutory legislation that changes the Constitution actually changes the Constitution. Largely because the Constitution explains that if you want to change the Constitution you have to amend the Constitution through the constitutional amendment process.

  124. 124.

    Mallard Filmore

    @Another Scott:

     

    the federal district would be smaller, and no longer include residential areas.

    The Virginia part of DC was given away, so they could certainly slice some more off.

  125. 125.

    Adam L Silverman

    @Jim, Foolish Literalist: I’m not worried about Democratic senators. Given how the amendment process works and how the states are currently politically aligned, it is almost impossible to amend the Constitution. The amendment process is for all practical purposes dead at this point.

  127. 127.

    VeniceRiley

    Fearless prediction: When Trump loses and the senate flips, Thomas retires so Trump can appoing a younger conservative that will be on the bench for decades. Senate puts that person on the bench in the lame duck session.

  129. 129.

    Another Scott

    @Mallard Filmore:  The issue with “retrocession” is that 1) MD doesn’t want DC’s people (it would mess up the balance of power in the state), 2) yes, the district can be smaller than “10 miles square”, but the land was either VA or MD at the beginning, so why shouldn’t it go back to them (rather than being a new independent political entity)?

    I think those issues can be easily addressed in Congress without the necessity of an amendment (the federal district will still be there), but they will need to be discussed. (E.g. WV was broken off from an existing state; how can DC be forced back on MD if MD doesn’t want it??).

    Cheers,
    Scott.

  133. 133.

    J R in WV

    @Adam L Silverman:

    I think the proposal is to make the Federal District mentioned in the Constitution run from the monuments, the Mall, the White House and Capitol Hill, excluding all the residential neighborhoods, where voters would live. Which seems like it would pass the smell test… IANAL, tho…

  134. 134.

    Glyph2112

    @Adam L Silverman: ya, what’s up with that?  Wouldn’t you have all the tests completed prior to the game?  How do you test positive half way through? Was he pulled after they took the lead?

  135. 135.

    patrick II

    @Another Scott:

    That’s interesting because in the past there have been three choices: statehood, independence, or remain a commonwealth. Given three choices none gained over 50%. The referendum you link to gives only two options, statehood or independence . It seems they will have to make a choice other than maintaining the status quo.

  140. 140.

    Adam L Silverman

    @VeniceRiley: It would not surprise me. I expected him to announce his retirement in September or October to run the same play – the President has to be reelected and the Republicans must remain in the majority in the Senate to ensure we preserve a conservative majority on the court – that they ran in 2016.

  144. 144.

    Jim, Foolish Literalist

    @Adam L Silverman: It was pretty common to say a few years ago that Thomas hated the job but stayed on out of resentment. That would be about the ultimate “Exit, stage Fuck You”

  145. 145.

    West of the Rockies

    @Another Scott:

    So he’s losing women by about 16 points, men by about four, seniors by bigly, blacks, Jews, Latinos, Asians, the LGBTQ+ community…

    I guess the MSM just loves a horse race, cuz they keep saying it’s close.  Also, F#@! the Electoral College.

  147. 147.

    Jim, Foolish Literalist

    Jeff Zeleny @jeffzeleny· 1h
    President Trump took off in Air Force One 1 hr 20 minutes ago, but thousands of his supporters remain stranded on a dark road outside the rally. “We need at least 30 more buses,” an Omaha police officer just said, shaking his head at the chaotic cluster that is unfolding.

    cluster… there’s that word again

  148. 148.

    LurkerNoLonger

    I can’t get over how petty and dickish that tweet by the house gop is. I can picture who wrote it too. He looks like the rich prick preppy villain in every 80s teen movie.

  149. 149.

    Kent

    @Adam L Silverman:@Tim C.: Neither are a lock. DC requires a constitutional amendment because DC’s status is established in the Constitution. Puerto Rico should require a referendum of the citizens of Puerto Rico in order for statehood to have legitimacy.

    I think you are right.  The catch is that the size and boundaries of the District of Columbia are not set in the Constitution.  So Congress could shrink it down to the size of the Capital Mall and then make the rest into a state.  We would still have a federal district composed of the Capital Mall, White House and Capitol.  The rest would be a new state.  Since the only people that actually live there are the president and first family it wouldn’t matter.

  152. 152.

    Jay

    Tips for November 4th,

    Earlier this summer people were talking about the phrase “be water” a lot, but most of the country hasn’t adopted this into our protests. Tonight reminded me that we need to.Be water means don’t be rigid. Don’t line up against a better armed force, especially…— Joshua Potash (@JoshuaPotash) October 28, 2020

    if you’re outnumbered. Disappear, and reappear somewhere else. Set up barricades, then leave and go elsewhere.Water flows around an obstacle. Learn to split and regroup. Have communication that facilitates that.Be hard like ice when that’s the only option…— Joshua Potash (@JoshuaPotash) October 28, 2020

    but then drift away like steam. Go down side streets, use subways, change cloths.A lot of us are stuck in a marching routine that is predicable and not too disruptive. Last night and tonight people upped the disruption, now we need to up the unpredictability.— Joshua Potash (@JoshuaPotash) October 28, 2020

  153. 153.

    patrick II

    @Kent:

    I would make that proposal part of the package the dems offer for court changes. If there ever was a time repubs would agree to that it would be when they are about to have a minority on the court. I would make it a very significant minority as a bargaining chip.

  155. 155.

    Kent

    @Another Scott: The MD GOP (and white suburbs) don’t want DC’s people because they would lose all power and it would be unlikely that a GOP governor would ever win the state again.

    I’m not sure that MD Dems are so opposed.  I expect black pols in Baltimore would favor it because their influence would rise with the addition of DC’s urban population.  However the people of DC don’t want to be part of MD.  They want to maintain independence and be their own state.

    Unification/retrocession would be immensely more complicated than statehood because all the governments would have to be merged and things like laws, public pensions, etc. all need to be coordinated.  Statehood would only really require electing Senators and developing a legislature to manage the state affairs that the district would be taking over from the Federal government.

  156. 156.

    Kineslaw

    All Circuits should be between 3-5 states, each circuit should have a rep on SCOTUS.  We need much more geographic diversity and subject matter expertise on the Supreme Court, as well as fewer Harvard and Yale grads.  I would love to see experts in water rights, intellectual property, criminal defense and anti-trust law on the courts, as well as a former elected official who has experience with political fundraising, advertising and voting.

    If we added DC as a state and set every circuit to three states, it would max out SCOTUS at 17 seats.  If Dems break up the 9th circuit, I’d be happy if Dems expanded the circuits to 15.  If the Repubs manage to control all three branches again, they could expand to 17, but we would still have a 9-8 advantage.

  161. 161.

    Jay

    To ensure confidence in COVID-19 vaccines, The Western State Pact partners will conduct our own independent safety and efficacy reviews. That, combined with 2 independent federal reviews, should give the public confidence in any vaccines when available.https://t.co/HFMFHQuQRz— Governor Jay Inslee (@GovInslee) October 27, 2020

  162. 162.

    the pollyanna from hell

    Article i 8 17 language permitting capitol district followed immediately by “and like authority over” territories, military bases, etc, which have always admitted modification without amendment to constitution. ianal

  165. 165.

    Jim, Foolish Literalist

    @HumboldtBlue: 20-30 busses full of maskless old people, and probably a few blowhards belting out that Lee Greenwood song. And/or YMCA and Macho Man.

    What could go wrong?

  166. 166.

    Adam L Silverman

    @Jay: That’s not what it means. This isn’t directed at you, you’re just posting what Potash tweeted, but that’s just ridiculous. I’ve been doing martial arts since 1983 and teaching them since 1993. And my primary martial art since 1992 is Aikido and the secondary is Tai Chi, specifically the original martial form of the Yang family. Be like water, which comes to us from the Tao Te Ching, means to be formless. To be able to flow around, over, and if necessary under obstacles. To be patient for as the water swirls and flows around rocks, as it sometimes breaks and crashes on them, it is still water and it slowly will conquer the rock by breaking it down a little at a time either eroding it outright or working through its cracks and crevices and splitting it.

    Be like water is related to the Taoist martial teaching to invest in loss and that the wise man yields. In both of these examples the principle is to not be afraid to take the strike, because it means taking the energy of your opponent and then redirecting it back against the attacker. It is analogous to how Saotome Sensei teaches ki musubi, the blending of energies by taking your attacker’s force and energy, blending it with your own to harmonize it (literally ai ki/the harmonization of energy), and then returning it to your attacker or dispersing it to regain control of the situation.

    What Potash is describing is not any of this. What he’s suggesting and describing are basic guerrilla and insurgent tactics, which he also doesn’t seem to understand because he’s never actually read the manuals and had to professionally act upon them as opposed to just hearing slogans and picking up jargon.

  169. 169.

    James E Powell

    @Glyph2112: 

    you would think at some point, they made it. Highest court in the land. For life. You would think they would want a legacy other than partisan hack.

    They do not see themselves as partisan hacks. They see themselves as noble heroes, saving America for God & white people. The newest justice has devoted her life to fanatical right-wing Catholicism. She is not going to let silly things like laws or prior court decisions stand in the way of what she thinks her God wants.

  170. 170.

    Winston

    @Jim, Foolish Literalist: I don’t think they are old as 65+ but genx, who look old to geny and millennials. All the boomers I know stay home, get their groceries delivered, or take out, wear masks and distance as they can. They also hate the GOP and DJT. They don’t go to Trump rallies. Boomers see these people as irresponsible kids.

    ETA we can read the stats and understand the we comprise 15% of the cases and 82% of the deaths.

  172. 172.

    L85NJGT

    The likely path is starting with expanding lower courts, on the grounds of population expansion, workload increases, etc. If the six start handing down recalcitrant nuttery, then SC expansion will follow.

  173. 173.

    Jim, Foolish Literalist

    @Winston:

    genx, who look old to geny and millennials.

    WE DO NOT!  those damn kids’ eyes are warped from all their screens and devices and texting

  175. 175.

    Adam L Silverman

    @MisterForkbeard: On my dad’s father’s side of the family we’re from somewhere in northern Europe. One of my paternal great great grandmothers is from Russia – my grandmother’s grandmother – was either from, or descended from, the people that live on the steppes and migrate back and forth into and out of Russia and Mongolia. All we know is as a teen in the 19th century she walked across some portion of Russia until she got to a port then got on a boat to the US. My dad’s mom looked just like those folks.  Which is why dad, my younger brother, and I look partially Asian, though dad and I more so than my brother. Dad’s mom’s side of the family was from Holland and we think somewhere in Britain – possibly Scotland given my paternal grandmother’s mother’s maiden name. On Mom’s side of the family, specifically my maternal grandmother, the family is from England – from the Abrams rabbis in and around London. My maternal great grandfather was from Romania. My mom’s dad’s family is from somewhere in Europe.

    A lot of the familial history is missing. My paternal grandfather’s parents came to Denver from Minneapolis because they had tuberculosis. The last my paternal grandfather saw of his father was when he walked out of my paternal grandmother’s room/screened off area in the sanitorium, walked past my grandfather, grand uncles, and grand aunt off the ward, and was never seen from again. My mom’s dad walked out on her, my uncle, and my grandmother when my mom was four or five and later resurfaced in Toledo from where he filed for divorce and then remarried and started a new family.

  177. 177.

    James E Powell

    @Adam L Silverman:

    Article I, section 8

    To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States,

    There is nothing in the constitution that designates any particular place and there is no minimum size. Congress can designate an area of the city as the seat of government and allow the rest of the area currently known as the District of Columbia to become a state.

    I think they should call the new state Douglass.

  180. 180.

    Kineslaw

    @L85NJGT: I think it is important to put numbers to this.  One district court judge for every 500,000 people, one circuit court judge for every 1.5 million, for example.

    Much like with the minimum wage, you need to build in automatic increases.  Dems get a big surge of appointments, but then whoever is in power can get a small number.

  182. 182.

    MisterForkbeard

    @Adam L Silverman: So what you’re saying is… There’s a chance.

    I love genealogy stories like this. Our own is pretty interesting (though less so than this) but very well researched: about 15 years ago a distant cousin did our ENTIRE family tree back to the 1580s and he could have gone back another 100 years or so.

     

    We got to visit the ancestral German village when I was in my teens. They made some pretty great wurst.

  187. 187.

    Mary G

    @Jim, Foolish Literalist: This thread?!

    One officer advising 8 to 9 elderly people who are struggling. Seperate officer advising they have located an elderly party who is frozen cold unable to move with an altered mental status.— Omaha Scanner (@omaha_scanner) October 28, 2020

     

    OPD taking charge of this shit show. Numerous MAT buses have been requested and are enroute.— Omaha Scanner (@omaha_scanner) October 28, 2020

  190. 190.

    Adam L Silverman

    @MisterForkbeard: Not really a chance.

    My mom is trying to do as much as she can on the English side of the family, but there’s not a tremendous amount of info out there and because of what I do professionally I’ve made it clear that she can’t have an accessible account on Ancestry or sites like that.

    I am glad you got to visit the family demesne and enjoy the local fare.

  192. 192.

    Winston F Boomer

    @Adam L Silverman: Thanks. Sorry for the hassle. It occured to me that younger generations don’t know what old looks like. They think their parent’s generation looks old, while their parents think they look young. I go through this with my children all the time. And their children think I look really old. But I have a  young person inside of me, all the way down to a child. So don’t say old because old lives matter.

  195. 195.

    Mary G

    I thank Baby Jeebus I don’t live in a red state:

    Additional officers being deployed to parking lots to assist with pushing out empty busses. Traffic Unit officers are turning away the additional assistance because they are on a different channel and are unaware of the request for additional assistance.— Omaha Scanner (@omaha_scanner) October 28, 2020

    Waterloo Medic 811 enroute to Lil' Creighton Code 2 with a 68 y/o male who's initial complaint was possible hypothermia and altered mental status. He is alert and oriented and shivering. Unable to obtain a temp. due to a broken thermometer.— Omaha Scanner (@omaha_scanner) October 28, 2020

    I guess Twitler’s campaign got their money’s worth.

  196. 196.

    Adam L Silverman

    @West of the Rockies: My great great grandmother walked out of Russia or across Russia from somewhere else sometime in the 19th century until she reached a port and then came to the US. So I don’t really think so.

  202. 202.

    Mary G

    @Glyph2112:

    One correction to what I said on @FS1 about Turner timeline. First result, on the test from yesterday, came back in the second inning, not in the afternoon. His test from earlier today was then expedited, and when it came back positive, he was removed from the game.— Ken Rosenthal (@Ken_Rosenthal) October 28, 2020

  205. 205.

    NotMax

    Sigh. I’m such a klutz.

    Note to self: add bar glasses to Black Friday wish list. Just broke the next to the last of my (latest) favorite style of martini glasses by accidentally knocking it into the sink.

  206. 206.

    Chetan Murthy

    @Mary G: Am I the only one reading those tweets who thinks “good, let them freeze to death” ?  I know: it’s pretty cruel and inhumane to think such things.  But I can’t really bring myself to recant.

  211. 211.

    HumboldtBlue

    @Chetan Murthy:

    I know: it’s pretty cruel and inhumane to think such things. But I can’t really bring myself to recant.

    There are kids in cages and orphaned (if they haven’t died) under the custody of our government under the imprimatur of our approval and the folks who decided to gather to listen and cheer the racist demagogue most responsible for that.

    Let them suffer. Actions have consequences.

  212. 212.

    Chetan Murthy

    @HumboldtBlue: Yes, and if they were hale and healthy people, I’d have no compunction about wishing the worst on them.  But they’re old people, and I still have some residual moral qualms about wishing bad things on old poeple.

    But then, yeah, I think exactly what you wrote: these are supporters of a morally monstrous regime, even now, after it’s evident to all, just how monstrous the regime is.  They deserve everything they get.

    [but there’s still qualms ….just not very many.]

  213. 213.

    Ruckus

    @?BillinGlendaleCA:

    I worked in pro sports for over a decade. I’ve seen/heard some pretty impressive fireworks up pretty close and have been outside near a 5 in naval gun (that’s 127 for you metric folks) as it fired, sometimes rapid. A lot of what went off near my place tonight was not what I’d call fireworks, more like high explosives.

  214. 214.

    HumboldtBlue

    @Chetan Murthy:

    [but there’s still qualms ….just not very many.]

    I get that, it’s easy to be callous and mean behind a keyboard.

    The difference between you and them and me and them is they are mean in person and proud of it.

  215. 215.

    Ruckus

    @mrmoshpotato:

    I’m thinking a different orifice, but yes, he deserves every molecule of human waste product that can be deposited upon his resting place. You know just insuring the grass grows……

  216. 216.

    Jay

    @Adam L Silverman:

    It’s not the aikido model, or Tai Chi,

    it’s the insurrection model, with out the guns and violence,

    one learns from others, umbrellas, traffic cones and dry ice, leaf blowers,

  217. 217.

    PJ

    @Kent: DC law is based on MD law, and they are the same in all material aspects.

    Obviously, in any kind of state unification, there are numerous issues involved in making things uniform (who system prevails?)  But I don’t think that would be the main sticking point in adding DC to MD.

    The main problem would be that adding appx. 700,000 new residents would upset the balance of political and economic power in the state.  That power is still centered in Baltimore, though the DC suburbs have a lot of clout.  If DC joins MD, the economic and political center of the state will shift there, as will resources.   I don’t think a lot of MD politicians would look forward to that, and you also have to take into account that a fair bit of the state is more than a little racist and would probably not be excited about welcoming the citizens of a mostly black city.

  218. 218.

    Ruckus

    @Chetan Murthy:

    They are old and don’t want others to get that chance.

    They are old and have decided to take a shit on the country that has supported them for a long time.

    They are old and have decided that they are the only people to decide who gets to live or die.

    They are old and haven’t figured out how an economy works in all that time.

    They are old and so am I. The difference is that everything I’ve stated above applies to them and every thing they have decided to do to others should be fair game for them to receive, because they were given the power to govern and what they have done and are doing is not governing a country, it is lining their pockets at the expense of the very people who voted for them and pay them. They deserve all the respect and care they have provided everyone they work for. And that respect and care is zero. Fuck them. Hard and dry.

  220. 220.

    Sebastian

    @Ruckus:

    Describes my sentiment exactly. We are dealing with corrupt people.

    If we want to have a healthy society, economy, civilization, and planet we need to root out the corruption.

  222. 222.

    Chetan Murthy

    @Ruckus: whenever I get frustrated at this insane situation we’re in, and think about the people responsible, my mind wanders back to the woodchipper scene from Fargo (the movie).

  223. 223.

    Sebastian

    @James E Powell:

    Makes sense. The founders must have considered the possibility of having to move the capital to another place.

    Occupation by enemy forces was not out of the question at that time. Yeah, DC can be moved to Los Angeles if the will and votes are there.

  224. 224.

    Sebastian

    @Chetan Murthy:

    You are not the fucking only one my friend.  I try not to indulge too long and go back to debilitating legal strikes, happy to stretch the law and process a bit as long as it’s following the letter of the law, plenty of room to play hardball. Investigate and prosecute every fucking single one. Including the cops.

  225. 225.

    Uncle Cosmo

    @frosty: 37 in Baltimore. We used to be one of the powers in the AL East, before C.R.E.A.M. took over baseball.

    And before Peter G. Angelos bought the Birds.

    The sad thing is that the NFL has a salary cap but probably doesn’t need one for most teams to stay competitive (national TV contract as major source of revenue, colleges as farm systems, the draft, shorter careers, etc.) whereas MLB is in dire need of a salary cap but will never get one mostly due to the players association (though I can’t fault them for wanting their fair share of the $$$, after all, no one is watching because of the ownership). There was an article about 18 months back that said there are two types of MLB teams now, the half-dozen or so with more money than doG, & everyone else – the former will be in the playoffs most every year while the latter will get there only occasionally, after they have drafted and developed well, and only so long as their young stars are on their rookie contracts, because the teams with the bucks will just buy them up with the $$$ they find under the sofa cushions. Sad.

  226. 226.

    Uncle Cosmo

    @Sebastian: The founders must have considered the possibility of having to move the capital to another place.

    I recall a library book from the early-to-middle 1950s that suggested moving the seat of government to the middle of CONUS (St. Louis or maybe KC) in order to enable more warning time in case of atomic attack.**

    IIRC the author also pushed for cities to annex territory for dispersal so as to reduce density and vulnerability to an A-bomb. (He mentioned that two cities that couldn’t do this because they were restricted by statute were St Louis and Baltimore.)

    We mock ideas like this now, but like “duck and cover” drills and fallout shelters, they made a fair amount of sense in that very short period (a decade or so) when the primary threats to the continental US were fission weapons of 10-100 kt yields delivered by 600-mph bombers. Once both sides had deliverable multi-megaton-yield H-bombs, and ballistic missiles to deliver them within a half-mile of their targets, with no more than 20 minutes’ warning and no chance of shooting them down, all that became something of a bitter joke.

    ** No matter how badly we pissed the Canadians off, they were highly unlikely to nuke us, so relocating to somewhere like Fargo would’ve made more sense. Or annexing Our Good Neighbor To The North (if we couldn’t convince them to ask for statehood) & moving the seat of gummint to Winnipeg. And in fact during the days when the bomber was king, USAF located Strategic Air Command HQ at Offut AFB near Omaha, which is close enough to far enough from the earliest-warning sites.

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