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Supreme Court

Kavanaugh’s Fellow Justices Consider Him An ‘Intellectual Lightweight’ And Are ‘Losing Patience’: Report

As the key swing vote on the United States Supreme Court, you’d think Associate Justice Brett Kavanaugh would take his job a bit more seriously.

But according to a revealing report from Mark Joseph Stern of Slate, Kavanaugh is actually considered to be an “intellectual lightweight” by his colleagues and they’re rapidly “losing patience” with him.

When he was nominated for the high court by failed former president Donald Trump, Kavanaugh was known very differently.

During his 12 years on the U.S. Court of Appeals for the District of Columbia Circuit, Kavanaugh styled himself as a brainy operator who combined intellectual firepower with affable moderation, in rhetoric if not in substance. He wanted to be the conservative whom liberals could respect—Justice Antonin Scalia without the volcanic temper—and the high-minded jurist who could sell right-wing legal theories to the public as common-sense constitutional principles.

But it turns out that almost no one respects Kavanaugh, no matter their political affiliation, and what he’s become is “a man with seemingly few fixed convictions and even fewer interesting things to say. To the extent that his colleagues think about him at all, they seem to view him as a fixer who can cobble together five votes for a diaphanous majority opinion that decides almost nothing.”

Translation: Brett Kavanaugh is a lightweight. Oh, and he likes beer. A lot. He made that clear during his confirmation hearings.

Kavanaugh’s written rulings have been threadbare, sometimes composed of a sentence or two, and often drawing scorn from his fellow justices, who have called him out in their own writings. Consider:

  • In U.S. v. Texas, “Justice Amy Coney Barrett wrote her own five-page concurrence picking apart Kavanaugh’s majority opinion.”
  • Also in U.S. v. Texas, “(Neil) Gorsuch pointed out that Kavanaugh was ‘simply ignoring’ several important questions that undermined his logic.”

How much do his fellow justices dislike Kavanaugh? According to Stern, they can’t hide their contempt for their colleague.

Thomas, Barrett, and Gorsuch aren’t the only members of the court who are losing patience with Kavanaugh. Justice Elena Kagan memorably castigated him for treating “judging as scorekeeping,” whining about “how unfair it is” when he loses, and repeating the same bad arguments “at a higher volume.” Justice Sonia Sotomayor has repeatedly accused him of outright dishonesty by misrepresenting precedent and dangling false promises. In a fed-up dissent in just her first term, Justice Ketanji Brown Jackson compared a Kavanaugh majority opinion to the children’s book If You Give a Mouse a Cookie. Alito’s rebuttal to Kavanaugh’s dissent in Sackett v. EPA consisted of exactly one sentence: Kavanaugh’s argument, Alito wrote, “cannot be taken seriously.”

Where does that leave the highest court in the land? Well, Kavanaugh can only be removed by impeachment, and there’s certainly no political will for that to happen, especially since no Supreme Court justice has ever been impeached and removed from office. Samuel Chase was impeached, but he remained on the court.

For now, Kavanaugh will remain the ultimate judicial lightweight who is seen as a joke by his colleagues on the bench. And in some ways, that’s a fitting punishment for his past sins.

 

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GOP Supreme Court WTF?!

Ted Cruz: Democrats Only Hate Clarence Thomas Because ‘He’s A Black Man’

If you thought you’d heard all of the absurd defenses that can possibly be offered up in the vain attempt to suggest that Supreme Court justice Clarence Thomas didn’t do anything unethical when he accepted free trips worth tens of thousands of dollars from a Republican megadonor, Sen. Ted Cruz (R-TX) suggested today that it’s all due to racism on the part of Democrats.

Appearing on “Sunday Futures” with Fox News host Maria Bartiromo, Cruz had this to say:

“We know what Justice Thomas did wrong. He’s been one of the greatest Supreme Court justices ever to serve on the court. He has been a principal constitutionalist,and the left despises him; Democrats hate Justice Thomas, and they have the special degree of hate for him because he’s a Black man.”

“And their view is that African-American is not allowed to be a conservative is not allowed to disagree with left-wing orthodoxy,” he added.

According to Cruz, some of the liberals on the high court had also accepted trips, but he conveniently neglected to mention any names, probably because he was lying.

“They’re not looking at any of the Democrat justice. They’re not looking at any other judges. This is a political smear job directed at Clarence Thomas because he is an extraordinary constitutionalist.”

Ted Cruz wants us to believe that questioning the ethics of a justice on the Supreme Court is racist. So if the question was about Amy Coney Barrett, would that mean it was sexism? Interesting to see how quickly Republicans play the race card when they have no actual defense for one of their right-wing heroes.

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Abuse of Power Justice Department Supreme Court

Clarence Thomas Is Now A Step Closer To Being Criminally Referred To The DOJ

Supreme Court Associate Justice Clarence Thomas is a step closer to being criminally referred the U.S. Department of Justice for expensive trips and other perks he received from a top Republican donor, some of which were valued at hundreds of thousands of dollars.

Last week, ProPublica revealed the connections between Thomas and billionaire megadonor Harlan Crow.

One of the trips Thomas took was to Indonesia.

IN LATE JUNE 2019, right after the U.S. Supreme Court released its final opinion of the term, Justice Clarence Thomas boarded a large private jet headed to Indonesia. He and his wife were going on vacation: nine days of island-hopping in a volcanic archipelago on a superyacht staffed by a coterie of attendants and a private chef.

If Thomas had chartered the plane and the 162-foot yacht himself, the total cost of the trip could have exceeded $500,000. Fortunately for him, that wasn’t necessary: He was on vacation with real estate magnate and Republican megadonor Harlan Crow, who owned the jet — and the yacht, too.

But there were many other jaunts around the globe for Justice Thomas and his wife, Ginni, who worked to try and overturn the results of the 2020 election so that Donald Trump could remain in office despite having lost in a landslide to President Joe Biden.

The Campaign Legal Center (CLC) has written a committee of federal judges who oversee matters related to members of the judiciary and is requesting a formal criminal referral of Thomas to the Justice Department, noting:

Campaign Legal Center respectfully requests that the Judicial Conference exercise its authority pursuant to 5 U.S.C. § 13106(b) and refer Supreme Court Justice Clarence Thomas to the U.S. Attorney General because there is “reasonable cause to believe” that he “willfully failed to file information required to be reported” under the Ethics in GovernmentAct (“EIGA”).

Specifically, Justice Thomas’ public statement on April 7, 2023, and recent news reporting, confirm that for over twenty years he did not file required gift disclosures of private plane and yacht travel from one individual. There is reasonable cause to believe that the omissions were willful because Justice Thomas (1) previously reported private plane travel from the same individual in compliance with the law, but stopped the disclosures after negative media attention; and (2) has a history of omitting significant information from his financial disclosure reports.

Thomas has served on the Supreme Court since 1991.

 

Categories
Supreme Court

Fellow Judges Say They’re ‘Livid’ With Clarence Thomas For Accepting Free Yacht Trips

On Thursday, ProPublica released an explosive report on the free trips Supreme Court Justice Clarence Thomas has accepted over the past 20 years from a billionaire Republican megadonor Harlan Crow.

According to ProPublica:

IN LATE JUNE 2019, right after the U.S. Supreme Court released its final opinion of the term, Justice Clarence Thomas boarded a large private jet headed to Indonesia. He and his wife were going on vacation: nine days of island-hopping in a volcanic archipelago on a superyacht staffed by a coterie of attendants and a private chef.

If Thomas had chartered the plane and the 162-foot yacht himself, the total cost of the trip could have exceeded $500,000. Fortunately for him, that wasn’t necessary: He was on vacation with real estate magnate and Republican megadonor Harlan Crow, who owned the jet — and the yacht, too.

For more than two decades, Thomas has accepted luxury trips virtually every year from the Dallas businessman without disclosing them, documents and interviews show. A public servant who has a salary of $285,000, he has vacationed on Crow’s superyacht around the globe. He flies on Crow’s Bombardier Global 5000 jet. He has gone with Crow to the Bohemian Grove, the exclusive California all-male retreat, and to Crow’s sprawling ranch in East Texas. And Thomas typically spends about a week every summer at Crow’s private resort in the Adirondacks.

Asked about the numerous free trips, Thomas issued a public statement which reads, “Early in my tenure at the court, I sought guidance from my colleagues and others in the judiciary and was advised that this sort of personal hospitality from close personal friends who do not have business before the court was not reportable. I have endeavored to follow that counsel throughout my tenure and have always sought to comply with the disclosure guidelines.”

However, other judges on the federal bench say it’s no wonder respect for the Supreme Court is at an all-time low, with CNN’s Ariane de Vogue reporting Friday on “The Lead” that many of the judges she spoke with were angry at Thomas.

“Really, they were livid about this, they said. One of the judges said, ‘This is precisely why the public respect for the Supreme Court has plummeted. This is far greater than mere ethics violations. It’s about the perceived legitimacy of the Supreme Court.'”

“I did talk to other judges who actually sided with them,” de Vogue added. “They’re like, these rules then were vague and he was following the rules. And I pressed and I said, yeah, but here we’re talking about luxury trips, right, private jets, yachts, not like the fancy car on Uber or something, really important ones. And he said, look they were the rules, he followed the rules. But it’s opened up a firestorm, and maybe now a lot of judges are wondering, with this fresh look at at their ethics disclosures, if that’s going to start a whole new story. The Court still does not have an official code of conduct, though, right and that is really that’s the next big story.”

Thomas is 74 years old and has long been a cancer on the high court. It’s time he resigned and made room for a justice who wouldn’t have the same stench of compromised integrity clinging to them.

Categories
Supreme Court

Elena Kagan Mops The Floor With Brett Kavanaugh In SCOTUS Ruling

A ruling just released from the U.S. Supreme Court features a hilarious footnote in which Justice Elena Kagan uses logic and reason to remind fellow Justice Brett “I like beer!” Kavanaugh that the law applies to everyone, including large corporations who try to get out of paying their employees.

Mark Joseph Stern of Slate caught the dustup between Kagan and Kavanaugh in a case where Kagan was in the majority on an opinion involving overtime pay for a man who worked 84 hours a week but was denied overtime by his employer.

The case is Helix Energy Solutions v. Hewitt. In it, Michael Hewitt alleged that he often worked as much as 84 hours a week on an offshore oil platform owned by Helix but was only paid a set amount for weekly work, not hourly, even though he clearly exceeded 40 hours work in a week, meaning he was entitled to overtime.

Kavanaugh, along with Justices Samuel Alito and Neil Gorsuch, were in the minority, ruling that Hewitt wasn’t entitled to receive overtime for his work. Kavanaugh also authored the dissenting opinion.

That led Kagan to make the following notation in the footnotes of the majority opinion, clearly aiming her comments at the three justices who had ruled against Hewitt, especially Kavanaugh since he was the author:

“The dissent… tries just to power past the regulatory text. The dissent reasons that because Hewitt received more than $455 for a day’s work, he must have been paid on a salary basis. That is a non-sequitur to end all non-sequiturs. Hewitt’s high daily pay ensured that the HCE rule’s salary-level requirement would not have prevented his exemption: $963 (per day) is indeed more than $455 (per week).”

In another footnote to the majority opinion, Kagan also wrote that Helix had made an argument in their filing before the Supreme Court they failed to make in lower court filings, which would normally mean the high court wouldn’t even consider it in their ruling, and yet Kavanaugh saw fit to “opine on it anyway” in his dissent.