Heidi Li FeldmanWith news breaking about conservative activist Leonard Leo funneling money to Ginni Thomas, I decided to post the lecture notes I prepared for the keynote address I delivered today to an Ontario Bar Association conference: The U.S. Supreme Court's Turn Toward Judicial Tyranny 1/ (short thread) https://www.notesfromcalicomanor.com/2023/05/04/us-supreme-courts-turn-toward-tyranny/ #ClarenceThomas #USsupremeCourt #lawFedi
Here's gift access to Washington Post story about Leo, longtime head of the Federalist Society and leader of a network of affiliated conservative groups, arranging for Ginni Thomas to be paid for consulting but without mention of her; the group that made the payment then filed an amicus brief in a major voting rights case, arguing against continued protection for black voters in the south. Clarence Thomas took that side in the case, authoring a concurrence. https://wapo.st/3HH15bU 2/
In "The U.S. Supreme Court's Turn Toward Tyranny," the keynote address I gave earlier today, I argued that the current Court is acting tyrannically, exercising government power, neither impartially nor for the common good. My lecture notes for the keynote: https://www.notesfromcalicomanor.com/2023/05/04/us-supreme-courts-turn-toward-tyranny/ 3/3
#ClarenceThomas #USsupremeCourt #democracy #lawFedi
#ClarenceThomas #USsupremeCourt #democracy #lawFedi
The U.S. Supreme Court’s Turn Toward Tyranny - Notes from Calico Manor
Keynote for the Ontario Bar Association Legal Conference, “Cross Borders”May 4, 2023; Speaker: Heidi Li Feldman Lecture notes prepared by Heidi Li Feldman Part One: Outline of Remarks 1. Overview of the current state of U.S. Supreme Court A. Composition of the current Supreme Court bench i. Irregular withholding of Senate hearings to preserve a vacancy
Sam Guckenheimer@heidilifeldman it is clearly true that the Supreme Court is the worst it has been since 1857.
Practically, what do we do about it given the reality of the Congress?
@Sam We have to to all we can to build a greater Dem majority in the Senate, keep the WH in Dem hands, try to recapture the House. We have to pressure Dems in Congress to take action, including by supporting impeachment of corrupt Justices. Ultimately, we need to get rid of lifetime appointments to the Court, enlarge the bench, and convince the Court to require a supermajority to reach a judgement.
CDunn@heidilifeldman @Sam
And the Dems need to learn how to use the existence of the corrupt court to achieve those goals.
It will mean overcoming the counter-spin coming from Fox new and their cohorts—something that they have not been good at.
And the Dems need to learn how to use the existence of the corrupt court to achieve those goals.
It will mean overcoming the counter-spin coming from Fox new and their cohorts—something that they have not been good at.
Lotus Blossom@heidilifeldman @Sam I would also like to see attorneys general and/or Exec Branch plainly say "we are not going to enforce XYZ decision." We are learning that bribery and corruption have been rampant on SCOTUS for many years. This de-legitimizes many decisions, which coincidentally reflect the views of a tiny, anti-democratic right-wing group.
Chris Stefan@underthestars @heidilifeldman @Sam Honestly I think the AG should appoint a special council to investigate this whole mess and all the players involved.
@Sam @cstefan206 @heidilifeldman Also agree. This would put a spotlight on the lack of accountability of SCOTUS. If past is precedent, Roberts and SCOTUS will simply refuse to cooperate, or say they will investigate themselves (see Dobbs leak). But we also need stronger measures such as refusing to enforce decisions related to bribes.
@underthestars @Sam @heidilifeldman Roberts and the rest of the justices would be obstructing justice if they refused to cooperate. If there is a possible violation of Federal law the DOJ and AG have the power to investigate no matter who may be involved.
John LuskImo, we (I) need to get involved at every level of the electoral process, not just federal legislature and executive. Local/state judicial, school boards, city/county councils, social chatter (e.g., water cooler, church, etc.) all of it, including off years. Canvassing, which I hate bc I'm kinda shy.
Republicans have been very active at grassroots for *decades*, while Dems have always seemed to focus on Presidency, afaict.
@tarheel I entirely agree. I founded an effort to orient and train young progressive lawyers to run for local and state office. I’ve done #Mastodon fundraisers for state and local electeds and their Dem Party organizations. But we must do it all, including maintaining pressure and presence at the federal level. @Sam
antipode77This may interest you.
A Blueprint for Reform.
https://www.citizensforethics.org/reports-investigations/crew-reports/democracy-reform-blueprint-accountable-inclusive-ethical-government/
[ This is a more encompassing plan. - it has a section on judiciary reform. ]
Legal complaints.
https://www.citizensforethics.org/legal-action/legal-complaints/crew-to-pursue-disqualification-if-trump-runs/
https://www.citizensforethics.org/legal-action/legal-complaints/crew-files-civil-and-criminal-complaint-against-clarence-thomas/
https://www.citizensforethics.org/wp-content/uploads/2023/04/Justice-Clarence-Thomas-DOJ-Complaint-April-14-2023-5.pdf
https://www.propublica.org/article/clarence-thomas-harlan-crow-private-school-tuition-scotus
https://www.c-span.org/video/transcript/?id=8098
Sen. Sheldon Whitehouse on SC reform
Senator Whitehouse argues, that mega donors aim to capture government.
It is part of a series The Scheme.
https://youtube.com/playlist?list=PLhyg5hj7I21i1Aqcaym9TRFrpWjPN9_ms
The Scheme 18: Leonard Leo’s $1.6 Billion Payday
https://www.theguardian.com/law/2023/may/05/clarence-thomas-kellyanne-conway-leonard-leo-payments
[ Due to this decision Red States are now able to disenfranchise all kinds of voters. ]
creckling@heidilifeldman it just gets worse and worse! Robert’s spouse also making millions…thanks for posting your notes!
PNW Deb@heidilifeldman This is sickening.
J.H.Noyes@heidilifeldman
Seems like a whole lot of business records are being falsified.
Seems like a whole lot of business records are being falsified.
LukefromDC@heidilifeldman Note that if you disable javascript, you get access to the text of almost ALL Washington Post stories, as this breaks their paywall.
It is likely this is intentional, as impenetrable paywalls do not bring any additional subscribers whatsoever, they just piss people off. As a matter of principle I will never give a penny to anyone using a paywall or an adwall
Agora@heidilifeldman God, this is sickening😤😤😤
Voron@heidilifeldman @Robyn780 unless every single special interest group (environmental, abortion, vote rights etc) realizes that MONEY is the key issue that has to be dealt with no one will get anywhere
Francisca Sinn@heidilifeldman I’m sorry that I missed the opportunity to see you at the OBA conference!
Jackie Gardina@heidilifeldman Thank you for sharing. I found this statement so true. “Expanding and entrenching systemic subordination on the basis of any combination of race, gender, sex, and religion or on any of these grounds individually.”
I would add they have accelerated the subordination of rights at the state level by shredding the Voting Rights Act and taking a hands off approach to gerrymandering which has cemented supermajorities in state legislatures.
Will you write an article?
@jackiegardina Definitely writing an article! Your observations are right on point. Thanks for the input.
@heidilifeldman You may be interested in @davidlnoll article Vigilante Federalism which discusses the personal subordination at the state level.
We talked about it on the podcast SideBar too. https://legaltalknetwork.com/podcasts/sidebar/2022/12/vigilante-federalism-with-david-noll/
