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Balloon Juice

Come for the politics, stay for the snark.

They are lying in pursuit of an agenda.

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

Black Jesus loves a paper trail.

No one could have predicted…

Wow, you are pre-disappointed. How surprising.

One lie, alone, tears the fabric of reality.

The desire to stay informed is directly at odds with the need to not be constantly enraged.

Proof that we need a blogger ethics panel.

Wake up. Grow up. Get in the fight.

It is not hopeless, and we are not helpless.

The Supreme Court cannot be allowed to become the ultimate, unaccountable arbiter of everything.

But frankly mr. cole, I’ll be happier when you get back to telling us to go fuck ourselves.

Historically it was a little unusual for the president to be an incoherent babbling moron.

Their shamelessness is their super power.

The low info voters probably won’t even notice or remember by their next lap around the goldfish bowl.

Yeah, with this crowd one never knows.

America is going up in flames. The NYTimes fawns over MAGA celebrities. No longer a real newspaper.

Russian mouthpiece, go fuck yourself.

Prediction: the gop will rethink its strategy of boycotting future committees.

Take hopelessness and turn it into resilience.

The republican speaker is a slippery little devil.

It’s the corruption, stupid.

Sitting here in limbo waiting for the dice to roll

White supremacy is terrorism.

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You are here: Home / Archives for Politics / Activist Judges!

Activist Judges!

Open Thread: Letitia James Is Indicted by Trump, Remains Uncowed

by Anne Laurie|  October 9, 20257:36 pm| 58 Comments

This post is in: Activist Judges!, Open Threads, Republican Stupidity, Trump Crime Cartel

CNN: We have just learned that Letitia James has just been indicted by the DOJ

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— Acyn (@acyn.bsky.social) October 9, 2025 at 4:29 PM

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This is nothing more than a continuation of the president’s desperate weaponization of our justice system.
I am not fearful — I am fearless.
We will fight these baseless charges aggressively, and my office will continue to fiercely protect New Yorkers and their rights..

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— New York Attorney General Letitia James (@newyorkstateag.bsky.social) October 9, 2025 at 5:36 PM

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Because lèse-majesté is (inexplicably to TrumpWorld) not included in the federal criminal codes…

BREAKING: Letitia James has been indicted on one count of bank fraud in Virginia, charge brought directly by Lindsey Halligan, just like the Comey indictment.

— Kyle Cheney (@kyledcheney.bsky.social) October 9, 2025 at 4:46 PM

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Kind of an odd thing that Trump doesn't realize that bullshit cases that die in court against his political foes just raise those foes visibility by significant amounts

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— Schnorkles O'Bork (@schnorkles.bsky.social) October 9, 2025 at 4:59 PM

Per the Washington Post, “Letitia James becomes the second Trump foe charged in a case that career prosecutors had turned down” [gift link]:

The Justice Department obtained an indictment against New York Attorney General Letitia James on Thursday, accusing her of committing mortgage fraud when she purchased a property in Virginia.

The indictment on one count of bank fraud and one of making a false statement makes James the second of President Donald Trump’s political foes to be charged in the Eastern District of Virginia since Trump pushed out the top prosecutor there and appointed a close ally, Lindsey Halligan, to replace him. Halligan, who had no previous experience as a prosecutor, obtained an indictment two weeks ago against former FBI director James B. Comey on charges of making a false statement to Congress. He has pleaded not guilty.

Halligan presented the case against James to a grand jury in Alexandria. It is unusual for a politically appointed top U.S. attorney to present a case herself, suggesting that the office struggled to find a career attorney willing to take on the assignment.

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A senior career attorney in the office indicated to her staff in recent days that she believed the case was weak and did not want to present it to a grand jury, according to two people familiar with the internal conversations who spoke on the condition of anonymity out of fear of retaliation. That attorney had also worked to insulate her subordinates from the case so that they, too, would not have to present the case, those people said.

The previous U.S. attorney for the Eastern District of Virginia, Erik Siebert, was ousted last month because he believed there was insufficient evidence to present the cases against Comey and James to grand juries…

U.S. District Judge Jamar K. Walker, a Biden judicial appointee, was chosen by random selection to handle the case. James, who was not arrested, was summoned to appear in court in Norfolk on Oct. 24.

Trump has long referred to James as a political foe. In her 2018 campaign for attorney general, she pledged to pursue litigation against Trump whom she called an “embarrassment.” In 2022, she brought a civil fraud case against Trump and his real estate empire which, two years later, resulted in a judge ordering Trump and his company to pay more than $350 million in fines and interest. In August, a New York appeals court voided the fine but left intact the judge’s finding that Trump and others in his company had committed fraud…

Currently leading CNN homepage:

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— Ariel Edwards-Levy (@aedwardslevy.bsky.social) October 9, 2025 at 6:08 PM

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Read the indictment returned against New York AG Letitia James, via @lawfaremedia.org:
www.documentcloud.org/documents/26…

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— Anna Bower (@annabower.bsky.social) October 9, 2025 at 5:27 PM

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I’ve never seen anything remotely this petty charged as bank fraud.

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— Popehat Agitates And Irritates (@kenwhite.bsky.social) October 9, 2025 at 6:11 PM

/2 Also note that this key paragraph characterizes the agreement rather than quoting it, an odd choice in this context. Seems skeevy.

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— Popehat Agitates And Irritates (@kenwhite.bsky.social) October 9, 2025 at 6:21 PM

/3 Also note that the indictment claims she rented the property but not that she entered into an agreement that REQUIRED her to rent the property, which seems to be what is prohibited by the paraphrased language.

— Popehat Agitates And Irritates (@kenwhite.bsky.social) October 9, 2025 at 6:22 PM

Open Thread: Letitia James Is Indicted by Trump, Remains UncowedPost + Comments (58)

Open Thread: The Supreme Court Follows *Their* Money

by Anne Laurie|  October 1, 20256:05 pm| 16 Comments

This post is in: Activist Judges!, Open Threads, Supreme Court, Trumpery

BREAKING: In a two-sentence, unsigned order on Wednesday, the Supreme Court temporarily blocked Trump's attempt to fire Federal Reserve Governor Lisa Cook, saying she can stay in her job at least until the high court hears oral arguments in the case in January.

— Amee Vanderpool (@girlsreallyrule.bsky.social) October 1, 2025 at 12:59 PM

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SCOTUS set up arguments on whether Trump can remove Lisa Cook from the Fed for January, and she stay in her post at least until then. www.nytimes.com/2025/10/01/u…

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— Taniel (@taniel.bsky.social) October 1, 2025 at 2:05 PM

Much could happen, in that time. I might die, or the king might die — or the horse might talk!

Good for the Supreme Court, but let’s not pretend the Sinister Six considered anything beyond the strong possibility that their personal profits — and their donors’ profits — would take a hit if Trump were allowed to interfere with the Federal Reserve. [Gift link]:

… Top former Fed and Treasury officials and Ms. Cook’s legal team had warned the Supreme Court that permitting Mr. Trump to fire her while litigation over her status was underway would spur economic turmoil and undermine public confidence in the Fed.

While the Supreme Court’s conservative majority has repeatedly cleared the way for the president to fire leaders of other independent agencies, the justices have recently signaled that the central bank is uniquely independent…

The legal battle over Ms. Cook’s firing has major implications for the central bank and its ability to set interest rates free from political interference. Every living former Fed chair — Alan Greenspan, Ben Bernanke and Janet L. Yellen — joined former Treasury secretaries nominated by presidents of both parties to tell the justices in a court filing that Ms. Cook should be allowed to stay on the job while her case was being reviewed to ensure “stability of the system that governs monetary policy in this country.”

In the months since he returned to the White House, Mr. Trump has put public pressure on the Fed far exceeding that of his predecessors, with repeated demands that it lower borrowing costs. The president has also taken steps to add a political loyalist to the central bank’s Board of Governors…

The court’s decision to allow Ms. Cook to stay on as a governor was welcomed by former officials, economists and investors, who have been very concerned about the president’s efforts to erode the central bank’s longstanding independence from political interference.

That separation is seen as crucial to ensure that the Fed is setting interest rates based on what is best for the economy rather than whoever is in the White House. Past instances in countries where central banks have acted at the behest of a president have typically ended in soaring inflation, lower growth and financial volatility…

Mr. Trump is the first president to try to remove a governor in the Fed’s 111-year history…

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Alito: You can't fire Lisa Cook because it might hurt my stonks.

— Denny Carter (@dennycarter.bsky.social) October 1, 2025 at 12:44 PM


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They're actually gonna do the "the Fed is a super special entity unlike all these other boards" but it's gonna take forever.

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— Schnorkles O'Bork (@schnorkles.bsky.social) October 1, 2025 at 10:50 AM

Cases where Trump probably is going to lose: Fed, Birthright Citizenship, Alien Enemies Act.
Cases where SCOTUS is going to punt in a Trump-like fashion: basically everything else.

— Schnorkles O'Bork (@schnorkles.bsky.social) October 1, 2025 at 10:51 AM

A lot of the way they're expanding executive power, imho, is going to be punting on procedural grounds and hoping that it ends up moot or something by the time they have to hear it.
I don't think the court actually wants to dramatically expand power in a way that lets Dems do things too.

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— Schnorkles O'Bork (@schnorkles.bsky.social) October 1, 2025 at 10:58 AM

Open Thread: The Supreme Court Follows *Their* MoneyPost + Comments (16)

Sunday Morning Open Thread: How Do We Reform the Supreme Court?

by Anne Laurie|  September 28, 20257:25 am| 214 Comments

This post is in: Activist Judges!, Open Threads, Supreme Court Corruption

Barrett spurns Supreme Court bias claims after string of Trump shadow docket wins
“I want people to understand, agree or disagree with the decisions that the court reaches, that we are engaged in a legal enterprise."
@courthousenews.bsky.social
www.courthousenews.com/barrett-spur…

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— Kelsey Reichmann (@kelseyreichmann.bsky.social) September 25, 2025 at 5:54 PM

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Thomas also gave public remarks on Thursday, suggesting that the precedent purge isn’t ending anytime soon www.courthousenews.com/thomas-signa…

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— Kelsey Reichmann (@kelseyreichmann.bsky.social) September 25, 2025 at 10:05 PM

Josh Marshall has some proposals:

For 26 but especially 2028 it's time for Democrats to make clear that the current Supreme Court will have to be reformed (expanded in number, reformed in structure) to allow popular govt to continue in the United States. Not so much a litmus test as precondition for any other promise to be credible.

— Josh Marshall (@joshtpm.bsky.social) September 27, 2025 at 11:38 AM

2/ My own preference is for the number of Justices to be expanded by at least six for terms of ten years (re-appointable) and the Court restructured to operate more like one of the federal appellate circuits. But that’s just one idea, not necessarily the best. This can all be done by simple…

3/ majority votes. There remains a lot of resistance to these necessary reforms. But the last eight months have helpfully clarified the extreme corruption of the current court. No new legislation can have real impact as long as the Court willfully misinterprets the plain meaning of statutes or …

4/ makes de facto rulings without opinions that provide explanation or precedent. The responsibility for this dangerous set of circumstances rests entirely with the corruption of the current members.

5/ It’s a very secondary matter. But this is also something all law professors and people in legal academia generally need to reckon with. Over the last three or four years there’s been a growing number of law profs who’ve been forced to reckon with the current majority’s extreme corruption …

6/ and realize, admit that reform is necessary. But quite a few still persist making excuses for the current corruption as though it were a matter of differing judicial philosophies etc. In a way it’s professional self-preservation because if the work of the legal judicial/academic system isn’t …

7/ an intellectual pursuit, a matter of scholarship and thought but rather a system of mystification and pure power than what are you doing exactly? Then it’s just PR work for people who got great grades as undergrads and nailed the LSATs. I’m not saying that’s the entirety of it.

8/ But that’s the reality for those who haven’t been able to reckon with the Court’s corruption.

Another ‘engaged in a legal enterprise’ proponent heard from:

Justice Anthony Kennedy tells @npr.org's @ninatotenberg.bsky.social "very worried" about our country, and that "Democracy is not guaranteed to survive."
Kennedy wrote Citizens United and was the fifth vote in the rest of the Roberts Court's anti-democratic decisions.
www.npr.org/2025/09/27/n…

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— Mike Sacks (@mikesacks.bsky.social) September 27, 2025 at 7:34 PM

Sunday Morning Open Thread: How Do We Reform the Supreme Court?Post + Comments (214)

Repub Venality Open Thread: The SC(R)OTUS Traitors

by Anne Laurie|  September 14, 20259:54 am| 139 Comments

This post is in: Activist Judges!, Open Threads, Proud to Be A Democrat, Supreme Court Corruption, Lock Him Up...Lock Them All Up

Kavanaugh says no one has too much power in US system. Critics see Supreme Court bowing to Trump
flip.it/BVkaPv
LOL

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— Greed Apocalypse (@juanmunoz.bsky.social) September 12, 2025 at 1:26 PM

There’s a club, and we’re not in it…

WACO, Texas (AP) — Justice Brett Kavanaugh says the genius of the American system of government is that no one should have too much power, even as he and other conservatives on the Supreme Court are facing criticism for deferring repeatedly to President Donald Trump.

Invoking the list of grievances against King George III that the nation’s founders included in the Declaration of Independence, Kavanaugh said Thursday the framers of the Constitution were set on avoiding the concentration of power.

“And the framers recognized in a way that I think is brilliant, that preserving liberty requires separating the power. No one person or group of people should have too much power in our system,” Kavanaugh said at an event honoring his onetime boss, Kenneth Starr, a former federal judge and solicitor general celebrated by conservatives who died in 2022.

Trump’s aggressive effort to remake the federal government did not come up inside a gymnasium on the campus of McLennan Community College in Waco…

Kavanaugh’s appearance in Waco highlighted Kavanaugh’s long history with Starr, most notably his stint as a prosecutor in Starr’s independent counsel investigation of President Bill Clinton.

Starr became a household name in the late 1990s because of his investigation of Clinton’s affair with White House intern Monica Lewinsky.

Kavanaugh pushed Starr to ask Clinton in graphic detail about phone sex and specific sexual acts, according to a 1998 memo…

Starr followed Kavanaugh’s advice and his report, filled with the salacious details, was released in full by House Republicans, who ultimately impeached Clinton for lying under oath. The Senate acquitted him…

In 2018, Starr was among those who publicly defended Kavanaugh, then a Supreme Court nominee, as he faced sexual misconduct allegations, including from Christine Blasey Ford, who said he groped her at a party when they were teenagers and tried to remove her clothes…

Ken Starr did varied work after the Whitewater investigation. He represented Jeffrey Epstein when the financier was first accused of having sex with underage girls. Epstein pleaded guilty to minor charges and accepted a light sentence in Florida in 2008, in a deal that avoided a more serious federal prosecution.

Starr served as dean of the Pepperdine University law school in the Los Angeles area and then as president of Baylor University, also in Waco. But he was forced out of the Baylor job in 2016 in the midst of a sexual assault scandal involving players on the school’s football team. A school-commissioned report found that under Starr’s leadership, Baylor did little to respond to the allegations.

Then in 2020, Starr joined Trump’s defense team that won Senate acquittal of the president after his first impeachment.

John Roberts:

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— Nied ?? (@nied.bsky.social) September 9, 2025 at 4:45 PM

Andrew Perez and Ryan Bort, at Rolling Stone — The Supreme Court Is Trump’s Partner in Crimes Against America:

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Donald Trump inflicted plenty of damage on the United States over the course of his first four years in office, but the most enduring blow may have been his radicalization of the Supreme Court. He appointed not one, not two, but three conservative justices, all of whom were hand-selected by right-wing activists.

The remade court quickly paid dividends, issuing decisions overturning Roe v. Wade and granting Trump immunity from prosecution for acts committed while president. Now, it’s actively enabling the restored president’s fascist regime.

The conservative justices have already made it harder for judges to shut down Trump’s lawlessness and overtly unconstitutional orders — such as his effort to eliminate the constitutional guarantee to birthright citizenship — and keeps allowing him to fire ostensibly independent regulators and government workers en masse without any basis. Worse yet, the court has decided that Trump can arbitrarily deport immigrants to third-party countries to which they have no ties, even to exceedingly dangerous countries like South Sudan, with little opportunity to challenge the government’s decisions.

On Monday, the Supreme Court issued perhaps its most profoundly un-American ruling yet, allowing Trump’s masked immigration thugs to indiscriminately stop people on the streets because they are speaking Spanish or working as day laborers in the construction industry, so Trump officials can check their citizenship status and add more victims to the administration’s churning deportation machine.

The court continued to allow Trump to ax independent regulators on Monday, as well, with Chief Justice John Roberts temporarily greenlighting the president’s ability to fire Rebecca Slaughter, a member of the Federal Trade Commission. Slaughter’s lawsuit over her termination will continue. On Tuesday, the court allowed Trump to temporarily withhold $4 billion of congressionally appropriated foreign aid spending, and agreed to speed up a hearing over the legality of Trump’s tariff regime…

I think we should all just assume John Roberts is compromised. Maybe he isn’t, but everything he’s done since 2023 or so is what you’d expect from someone who’s compromised.

— Dana Houle (@danahoule.bsky.social) September 9, 2025 at 5:52 PM

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Nice judiciary you’ve got there. Shame if something happened to it.

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— Patrick Chovanec (@prchovanec.bsky.social) September 4, 2025 at 2:21 PM

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The new John Roberts portrait just dropped

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— Jen Taub (@jennifertaub.com) September 9, 2025 at 5:46 PM


(Roger B. Taney, of Dred Scott infamy)

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My hat is off to the lower courts. Who would ever think that the lower courts would have to call the Supreme Court.
Appeals court judges publicly admonish Supreme Court justices: ‘We’re out here flailing’ – POLITICO share.google/QsiXTzCb6dva…

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— Mike Lowe (@mike-lowe.bsky.social) September 13, 2025 at 1:10 PM

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"Three times in the past few months, the majority knowingly and summarily disregarded a major Supreme Court precedent that had constrained another president." www.thebulwark.com/p/supreme-co…

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— The Bulwark (@thebulwark.com) September 12, 2025 at 1:00 PM

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that is precisely the message of Trump v. Slaughter
the Supreme Court keeps telling lower court judges not to do as the Court does, or to do as the Court has said, but to do what everyone knows the Court wants to say: “Whatever Trump wants goes”
ballsandstrikes.org/scotus/trump…

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— Barred and Boujee aka Madiba Dennie (@audrelawdamercy.bsky.social) September 8, 2025 at 4:34 PM

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Repub Venality Open Thread: The SC(R)OTUS TraitorsPost + Comments (139)

GOP Venality Open Thread: Amy Comey Barrett, Gleefully Shilling for the Kakistocracy

by Anne Laurie|  September 9, 20252:07 am| 53 Comments

This post is in: Activist Judges!, Open Threads, Republican Venality, Supreme Court Corruption

I think the fact that SCOTUS doesn’t think we’re in a constitutional crisis is a big part of the constitutional crisis.

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— Patrick Chovanec (@prchovanec.bsky.social) September 5, 2025 at 6:52 AM

As an elderly white woman, am I allowed to use the phrase This heffa?

Because when I see clips of Amy Cunning-Bunny smirking her way through her new book tour, that’s my first thought: This heffa.

I have not been a fan since Comey Barrett emerged from her Federalist Society cocoon and smirked her way through her rigged confirmation hearing, holding up a blank sheet of paper to indicate just how she’d handle her new job: By deciding ‘the law’ was whatever her kakistocratic masters wanted. And she’s held firm to that standard, giving the rich business elites an occasional sop as she gleefully cuts apart the networks that hold our embattled nation together.

Her new book / book tour are an open reward for her fealty; I wish I could be sure it had been rushed out now because the market might not last through the midterms next year.

Here’s the NYTimes‘ characteristically mealy-mouthed review — “Amy Coney Barrett’s Memoir Is as Careful and Disciplined as Its Author” [gift link]:

… Barrett, who was co-author of a 2016 paper calling the 14th Amendment “possibly illegitimate,” maintained that the lower courts’ efforts to uphold a constitutional right were exercises in judicial overreach. She even directed a pointed swipe at her fellow justice Ketanji Brown Jackson, whose blistering dissent warned that the majority was creating a “zone of lawlessness” for the president to “take or leave the law” as he wishes.

“We will not dwell on Justice Jackson’s argument,” Barrett wrote, with icy disdain, “which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself.”

I kept thinking about this spectacularly scornful line while reading Barrett’s new book, “Listening to the Law: Reflections on the Court and Constitution.” Barrett highlights the “collegiality” of the Supreme Court, whose traditions include weekly lunches and welcome dinners for new justices. When Jackson was confirmed in 2022, it was Barrett’s turn to host; she served Jackson’s favorite dishes and asked a Broadway performer to sing selections from “Hamilton.”

It all makes for a pleasant (if surreal) scene. But if you really listen to what Barrett says in “Listening to the Law,” you’ll quickly realize that she isn’t on the Supreme Court because she wants to make friends. Barrett, a former law professor and circuit court judge, clearly knows that readers crave relatability, especially from women, so she deigns to offer a few breadcrumbs. But her book is inevitably a controlled performance, as careful and disciplined as its author. She’s not about to let her guard down, even for a reported $2 million advance…

This is from Justice Barrett’s new book. I’ll just observe that it‘s a very strange metaphor to use to describe the decision to move to Washington D.C. to become a Supreme Court Justice. www.cbsnews.com/news/book-ex…

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— Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) September 7, 2025 at 2:18 PM

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Turning down a life of comfort in South Bend for a life of more comfort and massive power in DC. Powerful decision.

— Courtney Milan (@courtneymilan.com) September 7, 2025 at 2:36 PM

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"honey should I take my dream job, from which nobody can fire me without two thirds of the senate agreeing, which will never happen even if I join my colleagues in soliciting and accepting bribes?"
"well, dear, first let us consider the words of Pericles …"
come on. none of this happened.

— Jamison Foser (@jamisonfoser.bsky.social) September 7, 2025 at 8:10 PM

Scott Lemiuex, at Lawyers Guns & Money, on “When you can afford to be made to look ridiculous”:

… If you’re wondering how he ended up with Bruen, a Supreme Court justice — in a book in which she was paid a $2 million advance, not off-the-cuff remarks — confusing Alexander the Great with Cortés is an illustration. But the idea about someone who has spent her professional life on the Federalist Society greasy pole was agonizing over whether to take the legal job with the highest ratio of power to effort in the world is an ever better exemplification of the nature of Republican “jurisprudence.” You know she’s lying, she knows you’re lying, she wants you to know she’s lying, because she has this power for life and wants to rub your nose in it. Balls, strikes, things of that nature.

Cf. also starting your promo tour like this:

Perhaps the most telling stop on Barrett’s tour is also the first: tonight’s Lincoln Center appearance with Bari Weiss of The Free Press, the preferred source of political commentary for investment bankers who decided to become Republicans because they can’t use the r-word at work anymore. The Free Press also got the honor of publishing the first official excerpt of Listening to the Law, and praised Barrett for understanding that the Court’s role is not to “promote justice,” as some would foolishly assume, but only to “judge what the law requires.” (The Free Press’s event page further describes the Court as “critical to the American project, as it remains largely as our Founding Fathers designed it: the final arbiter of what’s constitutional and what’s not”—an assertion which indicates that for all of Bari Weiss’s deficiencies as a thinker and writer, she might be an even worse amateur legal historian.)

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Arsonist says there is no problem with house burning down.

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— NY Times Pitchbot (@nytpitchbot.bsky.social) September 5, 2025 at 7:47 AM

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A reminder that Justice Barrett originally made the comment about the Justices not being partisan "hacks" at the McConnell Center in Kentucky after Sen. McConnell moved heaven and earth to get Barrett confirmed before Trump left office (even as he stalled Merrick Garland out of the Scalia seat)

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— Rick Hasen (@rickhasen.bsky.social) September 5, 2025 at 7:37 PM

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“The court should not be imposing its own values on the American people,” Barrett remarked "
This from Amy Coney Barrett when she did exactly that! She imposed her "morals" and "beliefs" to stop women from getting healthcare and the right to choose!
#Pinks
www.theguardian.com/us-news/2025…

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— Kelly 🦋🦋86 47🦋🦋 (@kelofchgo.bsky.social) September 6, 2025 at 12:34 PM

Per USAToday, “Barrett says her job is to ‘listen to the law'”:

… One of the former Notre Dame Law School professor’s main goals in writing her book was to persuade Americans that the justices don’t make their decisions based on personal preference or politics – partisan or otherwise.

That might be a tough sell.

In a 2024 USA TODAY/Ipsos Poll, many more people thought the court decided cases based on ideology, not the law. The public’s opinion of the court remains close to a three-decade low, according to a Pew Research Center survey released Sept. 3.

And sometimes that criticism is coming from within the court.

Justice Ketanji Brown Jackson, one of Barrett’s three liberal colleagues, recently wrote that the court seems to have a rule: “this Administration always wins.”

Barrett disagrees…

The numbers, however, might suggest Jackson has a point about Trump’s success. Among the two dozen emergency appeals the administration has made to the justices when lower courts blocked the president’s policies, nearly all have gone his way…

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During a lightning round at an event tonight, Bari Weiss asked Amy Coney Barrett to describe each of her colleagues with one word.
Answers:
Roberts: Chief
Thomas: Laugh
Alito: Grandfather
Sotomayor: Lively
Kagan: Analytical
Gorsuch: Out West
Kavanaugh: Sports
Jackson: (long pause) Actor … Broadway

— Cristian Farias (@cristianfarias.com) September 4, 2025 at 10:05 PM


Lady, Justice Brown Jackson will be in the history books long after you’re remembered — by a few specialists, if at all — as yet another disposable player in the GOP’s long con.

GOP Venality Open Thread: Amy Comey Barrett, Gleefully Shilling for the KakistocracyPost + Comments (53)

Saturday Morning Open Thread

by Anne Laurie|  August 23, 20254:27 am| 166 Comments

This post is in: Activist Judges!, Immigration, Open Threads, Republican Politics, Trumpery

A judge has ruled that the Trump administration cannot deny funding to Boston, Chicago, Denver, Los Angeles and 30 other cities and counties because of policies that limit cooperation with federal immigration efforts.

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— The Associated Press (@apnews.com) August 22, 2025 at 9:46 PM

More media outlets have to start pointing out that ‘Trump says’ has the same real-world impact as a toddler announcing he’ll have ice cream and cheezy puffs for dinner: It only happens if the adults let him get away with it. And that goes double for what his little minions announce:

A judge ruled late Friday the Trump administration cannot deny funding to Boston, Chicago, Denver, Los Angeles and 30 other cities and counties because of policies that limit cooperation with federal immigration efforts.

U.S. District Judge William Orrick in San Francisco extended a preliminary injunction blocking the administration from cutting off or conditioning the use of federal funds for so-called “sanctuary” jurisdictions. His earlier order protected more than a dozen other cities and counties, including San Francisco, Portland and Seattle…

Orrick also blocked the administration from imposing immigration-related conditions on two particular grant programs.

The Trump administration has ratcheted up pressure on sanctuary communities as it seeks to make good on President Donald Trump’s campaign promise to remove millions of people in the country illegally…

Orrick, who was nominated by President Barack Obama, said the executive orders and the “executive actions that have parroted them” were an unconstitutional “coercive threat.”

In May, the Department of Homeland Security published a list of more than 500 “sanctuary jurisdictions,” saying each one would receive formal notification that the government had deemed them noncompliant. It also said it would inform them if they were believed to be in violation of any federal criminal statutes.

The list was later removed from the department’s website after critics noted it included localities that have actively supported the administration’s tough immigration policies…

(Also, note that the entire Trump administration is highly incompetent.)

===

Trump is Stockton Rush, the rich dilettante who built the deadly submarine for rich guys. Except the sub is the entire American economy.
And the popping noises you're hearing? Not good…
www.thebulwark.com/p/oceangate-…

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— Adam Keiper (@adamkeiper.com) August 22, 2025 at 9:46 PM

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Jonathan V. Last, at the Bulwark:

… You may remember the OceanGate story from two years ago. The company was founded by a charismatic rich guy named Stockton Rush. He was convinced that he had figured out how to build a cheap commercial submarine. He was warned by experts—over and over—that his designs were dangerous and would fail. He ignored the warnings and sold trips to the Titanic on his little sub, Titan.

“At some point, safety just is pure waste,” Stockton Rush once said. “I mean, if you just want to be safe, don’t get out of bed. Don’t get in your car. Don’t do anything.”

In another interview, Rush said, “I’ve broken some rules to make [Titan]. I think I’ve broken them with logic and good engineering behind me. The carbon fiber and titanium, there’s a rule you don’t do that. Well, I did.”

But of course, most rules—especially in engineering—exist for a reason. As the OceanGate sub began operation there were many warning signs that its design was compromised. For instance: Employees reported that when the craft submerged they could hear audible pops, the sound of the carbon fiber in the hull delaminating.

On June 18, 2023, the OceanGate vessel submerged carrying five people. At a depth of 10,978 feet it imploded in a fraction of a second. That rule about not mixing carbon fiber and titanium? It turns out that generations of smart engineers were right and the rich idiot was wrong.

The OceanGate disaster instantly killed Stockton Rush. It also killed some ultrawealthy people who had paid $250,000 each to ride in his death trap and should have known better. But it also killed a 19-year-old kid—the son of one of those wealthy people—who was reportedly “terrified” about getting on the sub but did it to please his father. It is heartbreaking.

Which brings us to the Trump economy.

Every serious economist has warned that Trump’s economic program is dangerous:

Tariffs are harmful to economic growth. Inflation is lurking. The massive expansion of government debt puts pressure on the bond market. Corruption functions as a tax. Screwing around with economic data creates uncertainty and adds risk premiums to transactions. Canceling infrastructure programs out of ideological spite is wasteful.

There’s a rule that functional governments don’t do any of that. Well, Trump did.

And over the last few weeks the sounds we’ve been hearing in the data are the American economy delaminating and heading toward failure…

Saturday Morning Open ThreadPost + Comments (166)

(More) GOP Venality Open Thread: Justice Roberts, Traitor

by Anne Laurie|  July 21, 20256:52 pm| 22 Comments

This post is in: Activist Judges!, Excellent Links, Supreme Court Corruption

really important to emphasize that roberts' view of the executive branch as comprising a single individual is literally contradicted by the text of the constitution itself

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— jamelle (@jamellebouie.net) July 21, 2025 at 9:26 AM

likewise for roberts’ vision of strict separation of powers, where the authority of one branch cannot touch another. this, as well, is contradicted by both the text and explicit logic of the constitution

now all of this is easily explained if you just assume that john roberts and his merry band of dipshits are working backwards from the conclusion that a republican president cannot be encumbered by any other actor or institution…

…but assuming he has a real vision in mind, it is not one with any roots in the history or tradition of the american political order.

Peter Shane, in the Atlantic, “This Is the Presidency John Roberts Has Built” [gift link]:

No one on the Supreme Court has gone further to enable Donald Trump’s extreme exercise of presidential power than the chief justice of the United States, John Roberts. Associate justices have also written some important opinions shaping executive power, and the Court has issued ever more important unsigned orders, but the most transformative opinions—the opinions that directly legitimize Trump’s unprecedented uses of power—are Roberts’s handiwork. This is not happenstance. Under Supreme Court practice, the most senior justice in the majority—which is always the chief justice when he so votes—determines who will write the main opinion. Roberts reserved these milestones for himself.

And what milestones they have been. Roberts upheld the first Trump administration’s “Muslim ban” on the grounds that the president’s national-security role precludes courts from taking account of the bigotry undergirding an immigration order. He remanded a lower court’s enforcement of a congressional subpoena for Trump’s financial information, writing that “without limits on its subpoena powers,” Congress could exert “imperious” control over the executive branch and “aggrandize itself at the President’s expense.” He has come close to giving the president an untrammeled right to fire any officer in the executive branch at will. And he took the lead in inventing a presidential immunity from criminal prosecution that could exempt the president from accountability for even the most corrupt exercises of his official functions…

What America is witnessing is a remaking of the American presidency into something closer to a dictatorship. Trump is enacting this change and taking advantage of its possibilities, but he is not the inventor of its claim to constitutional legitimacy. That project is the work of John Roberts.

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Ronald Reagan won the presidency in 1980 while Roberts was clerking for then–Associate Justice William H. Rehnquist, who represented, at the time, the far right on the Burger Court. Following his clerkship year, Roberts joined the Reagan administration as a special assistant to the attorney general, and then in short order was recruited in 1982 to join Reagan’s White House staff as an associate counsel to the president. That same year, the Federalist Society was founded, and those two entities together—the Reagan administration and the Federalist Society—accelerated the mainstreaming of what until then had been a marginal view of presidential authority under the Constitution: “unitary-executive theory.” The core idea of the unitary executive was that the president, as the single head of the executive branch, was entitled to direct how all discretionary authorities of that branch would be exercised. On every question, the president would be, as George W. Bush later said, “the decider.”…

The nation is now just six months into the experiment of what happens when a knows-no-bounds president takes office under a Court committed to a unitary executive. The results are alarming. As a matter of principle, anyone concerned with preserving robust constitutional checks and balances should be disturbed by a president’s overweening unilateralism, regardless of that president’s policy agenda. In Trump’s case, however, the threat to democracy is at its zenith because unitary-executive theory is being pushed to enable an authoritarian agenda on every front. Trump seems to believe he is effectively the unitary head not just of government, but of the nation. He appears determined to squelch any resistance within the government—and to force submission to his program by the media, universities, the legal profession, and apparently even entire cities. Roberts’s assurance that elections render the unitary president “directly accountable to the people” for so blatant an antidemocratic program appears meaningless against the backdrop of Trump’s authoritarian tactics…

Equally important: John Roberts doesn't care about the Constitution at all. He doesn't care about the American people. He doesn't believe everyone was created equal, endowed by our creator with inalienable rights such as Life, Liberty, & the Pursuit of Happiness.
Which makes John Roberts a traitor.

— Ido Amir (@idoamir.bsky.social) July 21, 2025 at 5:21 PM

I have no idea how much this is true of individual SCOTUS members, but a lot of professional ideologues develop a kind of habitual doublethink. At one level, they understand the assignment and are working backwards to rationalize whatever rule or action serves the interests of their own coalition…

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— Julian Sanchez (@normative.bsky.social) July 21, 2025 at 1:16 PM

…but at another level they want to think of themselves as good and principled people, and will persuade themselves that’s not what they’re doing, even as they do it. Their indignation when accused of hackery is absolutely sincere, even though the accusation is true.

You often see the same thing with lawyers even on questions without any strong ideological valence. They’re taking whatever position is best for their paying client. But they’ll also convince themselves that position is actually correct (at least until a new client requires they argue the opposite.)

This sort of doublethink is a great professional asset, for the same reason well-trained actors will make themselves *really feel* the emotion their character is meant to be feeling. You are much more convincing if you can make yourself believe what you’re saying.

“OpusDei/FedSoc told you to reject the evidence of your eyes and ears. It was their final, most essential command.”

— Unfunky In 5/4 (@inunfunky5.bsky.social) July 21, 2025 at 3:14 PM

(More) GOP Venality Open Thread: Justice Roberts, TraitorPost + Comments (22)

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