Category Archives: Supreme Court

Tuesday Funnies!

. . . and political truth memes

H/t CSM and Maziel

~Eowyn

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Trump White House prepares for Ruth Bader Ginsburg’s departure from Supreme Court

“Outside of war and peace, of course, the most important decision you make is the selection of a Supreme Court judge, if you get it,” President Trump said last summer.

January 9 was the third consecutive day of work that Supreme Court justice Ruth Bader Ginsburg, 85, missed after her December 21 surgery to remove two cancerous nodules from her left lung. She had never missed an oral argument in her 25 years on the bench.

News of her surgery had sent the Left apoplectic, with many, like has-been actress Alyssa Milano, offering to donate their lungs and other organs to Ginsburg.

See also “Supreme Court justice Ginsburg rushed to hospital; Demonrats offer to donate their ribs,” Nov. 8, 2018.

Eliana Johnson and Gabb Orr report for Politico, January 10, 2019, that the Trump White House is reaching out to political allies and conservative activist groups, such as the Judicial Crisis Network and Federalist Society executive vice president Leonard Leo, to prepare for Ginsburg’s possible death or departure from the Supreme Court — an event that would send the Left into a meltdown, as well as trigger another vicious confirmation battle after Brett Kavanaugh’s last October.

A source “familiar with those conservations,” said that the White House “is taking the temperature on possible short-list candidates, reaching out to key stakeholders, and just making sure that people are informed on the process. They’re doing it very quietly, of course, because the idea is not to be opportunistic, but just to be prepared so we aren’t caught flat-footed.”

Ginsburg’s departure from the Court would allow President Trump to nominate a third Supreme Court justice — the most in one presidential term since President Ronald Reagan placed three judges on the highest court during his second term — and enable Trump to create the Court’s strongest conservative majority in decades. The nine-member court is currently divided 5-4 between its conservative and liberal wings.

John Malcolm, director of the Heritage Foundation’s Meese Center for Legal and Judicial Studies, predicts: “It would be a brutal confirmation. The first two were not easy at all, but this would be much harder in this respect: When Neil Gorsuch was the nominee, you were replacing a conservative with a conservative. With Kavanaugh, you were replacing the perennial swing voter, who more times than not sided with the so-called conservative wing, so that slightly solidified the conservative wing. But if you are replacing Justice Ginsburg with a Trump appointee, that would be akin to replacing Thurgood Marshall with Clarence Thomas. It would mark a large shift in the direction of the court.”

The White House counsel’s office and senior aides on the Senate Judiciary Committee, now chaired by Sen. Lindsey Graham (R-SC), have begun drafting a shortlist of potential court nominees. It features judges President Trump has considered for previous vacancies along with some new names, many of whom are women, sources say. The list includes:

  • Seventh Circuit judge Amy Coney Barrett, who was a leading contender for the last Supreme Court vacancy, created by Justice Anthony Kennedy.
  • Sixth Circuit judges Joan Larsen, Amul Thapar, and Raymond Kethledge.
  • Eleventh Circuit judge Britt Grant.
  • Third Circuit judge Thomas Hardiman.
  • Neomi Rao, Trump’s current nominee for Kavanaugh’s old seat on the D.C. Circuit Court.

See also:

~Eowyn

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Not a cult: Michael Moore’s tree topper is Ruth Bader Ginsburg

From Fat Man’s twitter timeline: “My Christmas Tree Topper this year. Better than an angel or the star over Bethlehem. A nation of millions stand with you…”

He also delivered some chicken noodle soup to the SCOTUS judge and streamed it live on Facebook, of course. Everyone needs to see what a caring person he is!

Liberalism is a mental disorder.

h/t Twitchy

DCG

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Ridiculous: Vox wants constitutional change so Ocasio-Cortez can run for president

It’s amazing that some progressives actually take this womyn seriously.

From Fox News: Liberal political website Vox is getting accused of jumping the shark after publishing an appeal to “fix the Constitution ASAP” so that 29-year-old incoming Democratic Rep. Alexandria Ocasio-Cortez can run for president – claiming “there’s no time like the present to start working to abolish arbitrary qualifications.”

Wednesday’s lengthy piece, “It’s ridiculous that it’s unconstitutional for Alexandria Ocasio-Cortez to run for president,” declared that everyone from immigrants to recent college grads should be eligible.

Vox co-founder and senior correspondent Matthew Yglesias wrote that “phenomenon” Ocasio-Cortez “is the biggest star in the Democratic Party,” and therefore it is “completely ridiculous” that the Constitution makes anyone under the age of 35 ineligible to run for president of the United States.

“There’s nothing wrong with old people per se, but essentially everyone has lost a step or two both mentally and physically by their mid-70s,” Yglesias wrote. “The really awful thing about being old is that you just keep getting older over time.”

Even Ocasio-Cortez pushed back on the premise:

“How about… no,” she wrote. “Sometimes political media is too fixated on personalities instead of policies. The whole country JUST went through an exhausting midterm election. We need a break.”

This is truly Vox’s jump the shark moment. Not exactly sure how you can claim to be anything other than pure parody when you are publishing pieces like this. I guess they believe – wrongly – that all publicity – even negative publicity- is good,” conservative strategist Chris Barron told Fox News.

NewsBusters managing editor Curtis Houck told Fox News that Vox is “supposed to be knowledgeable and explain things to the masses” but “always finds a way to baffle people by showing that they’re the ones who struggle with basic facts and trying to explain things.”

“Vox is quickly becoming a parody of itself and this fantasy of wanting her to be president even though she hasn’t been sworn in yet is ludicrous,” Houck said. “At least Barack Obama had served in the state Senate and then the U.S. Senate for a few years and could have claimed to have had some experience in office.”

Yglesias argued that “young is better than old” and suggested America would be better off with Ocasio-Cortez than an older candidate such as Bernie Sanders, 77, or the 76-year-old Joe Biden.

“We’re sitting here in the winter of 2018 talking about filling a presidential term that won’t start until 2021 — with an inevitable reelection campaign in 2024 for a term that wouldn’t end until early 2029,” Yglesias wrote.

Yglesias noted that people even younger are often “trusted with life-and-death situations in a huge array of contexts” such as having children and serving in the military.

“The constitutional prohibition on people under the age of 35 serving as president is just one of these weird lacuna that was handed down to us from the 18th century but that nobody would seriously propose creating today if not for status quo bias,” he wrote.

Yglesias even argued that her “AOC” nickname works in her favor.

“Is having a nickname a sign that you would exercise good judgment in the Oval Office? Absolutely not. But it’s proof positive that she’s an honest-to-goodness political superstar, and it’s clear that’s what many Democrats are looking for in 2020,” he wrote.

Yglesias tweeted that “AOC should run for president and dare the Supreme Court to stop her.” His message was met with an onslaught of criticism online.

“It’s amazing someone gives you a paycheck,” one user wrote while another added, “I get that you don’t like old people, but you’re going to be one someday, so maybe lay off the hatred for now.”

The argument for changing the presidential requirements is among a host of ideas being floated on the left for major constitutional overhauls in response to President Trump’s administration and, most recently, the confirmation of Supreme Court Justice Brett Kavanaugh. Critics have floated packing the Supreme Court, overhauling the Electoral College and considering term limits on the high court in response.

DCG

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Betrayal: Brett Kavanaugh cast deciding Supreme Court vote enabling Medicaid funding of Planned Parenthood

Et tu, Kavanaugh?

Medicaid is a government welfare program that provides health care services for “the poor”. Jointly funded by the states and the federal government, Medicaid is largely administered by the states. About 70 million people — one out of every five Americans — are enrolled in the program, including two million women who use Planned Parenthood clinics.

Planned Parenthood is America’s largest abortion provider.

Two states, Kansas and Louisiana, seek to exclude Planned Parenthood (PP) from their Medicaid “health care” providers, after a series of undercover videos show PP abortion clinics engaged in illegal sales of fetal tissue for allegedly medical research. In the words of Jeanne Mancini, the president of March for Life: “Abortion is not healthcare, it is a human rights abuse. Until Planned Parenthood ceases to perform abortions they should not receive any money from taxpayers.”

Kansas and Louisiana brought suit to in an effort to exclude Planned Parenthood from Medicaid, but preserve their Medicaid funding. The cases are Andersen v. Planned Parenthood of Kansas and Mid-Missouri (17-1340) and Gee v. Planned Parenthood of Gulf Coast Inc. (17-1492). But their cases were tossed by lower courts.

Similar defunding laws in Arizona, Ohio, Texas, and Indiana have also been tossed by the lower courts. Only Arkansas’ law has been allowed to go into effect, but that is being challenged in the courts.

To quote Andersen v. Planned Parenthood of Kansas and Mid-Missouri: (pp. 1-2)

Medicaid offers the States a bargain: Congress provides federal funds in exchange for the States’ agreement to spend them in accordance with congressionally imposed conditions…. When a state fails to comply with the terms of Medicaid, the statute provides one remedy: the U.S. Secretary of Health and Human Services may withhold funds from the state…. [T]he Tenth Circuit below held that §23(A) of the Medicaid Act…requires states to provide in their administrative plans the ability of eligible patients to obtain services from “any institution, agency, community pharmacy, or person, qualified to perform the service or services required…who undertakes to provide him such services.” 42 U.S.C. §1396a(a)(23)(A). Although the Medicaid Act elsewhere grants a state substantial leeway in deciding when to exclude individual providers from the Medicaid program, see id. §1396a(p)(1), the Tenth Circuit’s decision permits patients to challenge those decisions in federal court….

Fox News reports that on Monday, December 10, 2018, in a 6-3 decision, the Supreme Court declined to review the appeals from Kansas and Louisiana, effectively giving a victory to Planned Parenthood.

According to Supreme Court rules, 4 of the 9 justices must vote “yes” for the Court to accept a case (source: United States Courts). That means that the Court’s newest justice, Brett Kavanaugh, cast the deciding vote.

Dr. Leana Wen, president of Planned Parenthood Federation of America, crowed: “We are pleased that lower court rulings protecting patients remain in place. Every person has a fundamental right to health care, no matter who they are, where they live, or how much they earn.”

The three conservative justices who dissented are Clarence Thomas, Samuel Alito and Neil Gorsuch. They maintain the Supreme Court should get involved in the legal fight on states’ rights grounds. Justice Clarence Thomas said: “These cases are not about abortion rights. They are about private rights of action under the Medicaid Act. Some tenuous connection to a politically fraught issue does not justify abdicating our judicial duty.”

The six members voting to deny the petitions did not comment. They are the four “liberals” (Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan) and two other ostensibly conservative members—Kavanaugh and Chief Justice John Roberts.

During the Senate confirmation hearings on Kavanaugh, Planned Parenthood had threatened senators if they voted to confirm him to the Supreme Court. Planned Parenthood needn’t have bothered as Kavanaugh poses no threat to their funding and slaughter.

See also:

~Eowyn

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Cory Booker signaling a presidential 2020 run with visit to New Hampshire?

Go for it, Spartacus. You ain’t got a chance…

From NY Post: Cory Booker is returning to the first-in-the-nation primary state for a trip that could turn out to be a tuneup for the New Jersey senator’s potential Democratic presidential campaign.

Booker’s been invited by the New Hampshire Democratic Party to headline their post-midterm election “Victory Celebration” Saturday in Manchester. He’ll also be the main attraction at house parties in Concord, Nashua, and Keene.

Booker’s said repeatedly in recent weeks that he’ll take the holiday season to assess whether he launches a White House campaign.

The visit is Booker’s second to New Hampshire in two months. He campaigned with now-Congressman-elect Chris Pappas and gubernatorial nominee Molly Kelly at a rally at the University of New Hampshire, and with Congresswoman Annie Kuster at Dartmouth College in late October, shortly before the midterm elections.

Remember his “Spartacus” moment? From Fox News:

“Booker, as a member of the Senate Judiciary Committee, was one of the leaders in the push against the confirmation of now-Justice Brett Kavanaugh — and raised eyebrows by, in one particular flourish, comparing himself to Thracian gladiator Spartacus.

The Associated Press reported that Booker has been particularly aggressive in his push for a 2020 bid and has been courting activists and prospective staff. Booker told PIX11 that he will take time over the holidays to “sit back and meet with family, friends and advisors and decide whether to run for re-election which has been my sole focus or now begin to think about running for president.”

“This holiday season will be a great time for me to sit down … bring together folks and make a decision,” Booker said. “Not about what’s best for me but really with what I believe in my heart is best for the country demorat agenda.”

DCG

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Senator Hirono on dems: “We have to tell everyone how smart we are”

This comes from the Hawaiian senator who said during the Justice Kavanuagh hearings: “I just want to say to the men of this country: Just shut up and step up. Do the right thing for a change.”

DCG

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We have a winner!

. . . for FOTM’s 188th Caption Contest!

So many clever captions!

The writers of FOTM voted for what each considers to be the best (#1) and second-best (#2) captions. Each #1 vote is worth 4 points; a #2 vote is worth 2 points.

And the winner of the 188th FOTM Caption Contest, with three #1 votes, totaling 12 points, is . . .

Tim Shey!

Here’s the winning caption:

Genesis 7:16: “The Lord closed the door.”

Jaclyn and Yahoo are in 2nd place, each with 8 points. Here are their respective captions:

Jaclyn, with two #1 votes: “A preview of their reaction when they arrive at heaven’s gate.”

Yahoo, with one #1 vote and two #2 votes: “The door is the only thing that is not unhinged.”

CalGirl, dkolb2010, Lou Minati, and Paladin are in 3rd place, each with one #2 vote and 2 points. Here are their captions:

CalGirl: “Deep Thoughts: ‘So, after I ruin my manicure w/ this dramatic clawing episode for the fake news cameras, I’m still about $400 ahead from my Soros salary after I fund an all new manicure tomorrow. Net gain.'”

dkolb2010: “Job 38:10: ‘And I placed boundaries on it And set a bolt and doors'”

Lou Minati: “Your Honor, I submit this clip of my wife as Exhibit A as to why you should grant my request for divorce posthaste.”

Paladin: “And this is the reason we had President Obama for 8 years. Idiots like this.”

WELL DONE, EVERYONE!

Congratulations, Tim Shey!

Here’s your super-duper Award of Excellence, all ready for framing!

For all the other caption submissons, go here.

Be here later today for our next, very exciting Caption Contest!

~Eowyn

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#BelieveSurvivors: California Democratic Party Chairman Eric Bauman accused of sexual assault

Demorat Eric Bauman

Eric Bauman was all for destroying Justice Kavanaugh based on flimsy allegations. Some of his tweets/retweets during the confirmation process:

“This says it all: #DefeatKavanaugh. Time for justice for the 1 in 6 women who are victims of sexual violence. #MeToo #BelieveSurvivors #TimesUp #WhyIDidntReport”

“Any person listening to #ChristinaBlaseyFord testify who does not hear & feel her pain & see her deep emotion as she relives this trauma, is heartless & utterly inhuman. The contrast between the sensitivity of the Democratic Senators & the GOP prosecutor is stark. #KavaNOPE

‘The safety and dignity of women is no longer secondary to the needs of powerful men.’ @timesupnow is calling for Brett Kavanaugh to withdraw his nomination to the Supreme Court”

“A vicious, vile and soulless attack on Dr. Christine Blasey Ford. Is it any wonder that she was terrified to come forward, and that other sexual assault survivors are as well? She is a remarkable profile in courage. He (President Trump) is a profile in cowardice.”

Wonder if Bauman still wants us to #BelieveSurvivors now that he’s being accused of sexual harassment? Is it time for Kavanaugh-style justice or for Bauman to have his due process?

From SF Chronicle: California Democratic Party Chairman Eric Bauman has been accused of sexually assaulting or harassing staff members by Vice Chairman Daraka Larimore-Hall, the party’s third-in-command.

In an email sent Saturday to the party’s executive board, Larimore-Hall said he has filed a complaint with the party’s human resources department, calling for Bauman to be removed as chairman in light of what Larimore-Hall called “credible, corroborated and utterly heart-breaking allegations.”

“I take seriously any allegation brought forward by anyone who believes they have been caused pain,” Bauman, the state party’s first openly gay chairman, said in a statement Saturday evening. He said an independent investigation of the allegations had been undertaken by a “respected outside investigator” to ensure that staffers making the charges are “free from any concerns of retaliation.”

“Procedures are in place to handle these matters, and independent counsel will ensure that they are followed. I look forward to putting these allegations behind us and moving forward as unified Democrats.

Larimore-Hall did not respond to requests for comment, but in the email to the executive board he said that he had been recently approached by “a number of party staff” who said they had been sexually harassed or assaulted by Bauman at party functions.

“I will forever be inspired by the bravery of these young political professionals, many of whom are at the very beginnings of their careers,” Larimore-Hall wrote.

Larimore-Hall included no details about the alleged incidents or the staff members who reportedly were assaulted. In his email, he said that he would allow the victims to decide whether to come forward. “Obviously, it is completely unacceptable for Chairman Bauman to remain in office” given the allegations, he said.

Rep. Ro Khanna, D-Fremont, called the allegations “shocking” on Twitter Friday evening and suggested Bauman be replaced by Michele Dauber, a law professor at Stanford who spearheaded the effort to recall Santa Clara County Superior Court Judge Aaron Persky. The judge sparked national outrage after he sentenced a Stanford athlete to six months in jail for sexually assaulting and attempting to rape an unconscious woman.

“We need a bold feminist to lead for 2020,” Khanna said. He also said he’d also support Kimberly Ellis of Richmond, whom Bauman bested in the contentious race for the party’s top job by just 62 votes last year at the state party convention.

That race exposed deep fault lines within the state’s Democratic Party. Bauman, a longtime party insider, was seen by the party’s more left-leaning faction as insufficiently progressive, too cozy with business interests and willing to disregard the demands of the party’s grassroots members.

Hene Kelly, an executive board member and regional director for the party in the Bay Area, said the allegations ought to be investigated but worried that they would sap some of the momentum built up in the wake of state Democrat’s resounding victories during the midterms.

“I’m absolutely torn up about this, because this is not what we need right now,” she said.

DCG

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Yawn: Cornell University to open exhibit celebrating clothing of “empowered” women

AOC’s nasty shoes…

What do you want to bet there will be no clothing worn by conservative women?

And I wonder if they’ll house AOC’s $3,500 designer outfit?

From Hollywood Reporter: Alexandria Ocasio-Cortez’s shoes were made for walking over all her New York City congressional district.

Now, the campaign footwear worn by the youngest woman ever elected to Congress will be part of an exhibit chronicling how women use fashion for empowerment in endeavors such as politics and civil rights.

The Cornell Costume and Textile Collection at Cornell University is launching an exhibition titled Women Empowered: Fashions from the Frontline.

Among the exhibit’s other highlights are collars from Supreme Court Justice Ruth Bader Ginsburg, a 1954 Cornell graduate; a labor union cap from a campaign led by Coretta Scott King in 1969; and a skirt suit worn by Janet Reno, a 1960 Cornell grad and the first woman to serve as U.S. Attorney General.

The exhibit opens Dec. 6 and runs through March 31.

DCG

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