On this July 4, please pause to remember that one of the colonists’ complaints in the Declaration was that the Crown was paying its judges.
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Reposted by Holly Brewer
An aspiring dictator & convicted felon w history of treason may win the presidency. Profoundly corrupt SCOTUS justices undermined the constitution and gave him immunity from prosecution for past & future crimes. This is all political journalists should be writing about 24/7. We’re at the precipice.
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Key to this thread:
The majority decision in Trump v. US mentions separation of powers, and protecting a “vigorous” executive. But it ignores balance of power altogether— and unusually for an important Supreme Court case, fails to address the potential costs of their intervention.
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There’s been so much criticism of public education —claims that supposedly “woke” curriculums at public high schools are not teaching “founding principles.”
But public schools don’t seem to be the problem here.
No wonder the majority on the court don’t seem to value balance of power. 🤷♀️
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No wonder they don’t understand the concept of balance of power! It would be interesting to explore the high school curriculum of the other justices who attended private high schools. Did they also never study civics?
www.washingtonpost.com/news/educati...
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Problem solved. I just checked Georgetown Prep, the private high school which two of our Supreme Court justices attended (Gorsuch, Kavanaugh). Students there never study civics or government. Here’s Sophomore year, for example. Four years of theology though.
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The majority decision in Trump v. US mentions separation of powers, and protecting a “vigorous” executive. But it ignores balance of power altogether— and unusually for an important Supreme Court case, fails to address the potential costs of their intervention.
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I started to wonder whether some of the Supreme Court justices skipped their 10th grade government class. Just checked with my teenager who went to public HS.
Yep. Checks & balances is one of the first things they learned about American Government. But maybe they don’t study that in private school?
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*the powers of a king
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Reposted by Holly Brewer
hey everybody remember to share #GoodNews too
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Reposted by Holly Brewer
Just read Thomas's concurrence in the Trump case and OMG, the mendacity! Thomas says yes, the President is immune, but also the appointment of special council Smith was an abuse of Presidential power that threatens the foundations of American liberty. He cites Thomas Paine to back this up. Wut?....
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Good episode here:
open.spotify.com/episode/3Hy7...
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That’s what I think. Well not just the Bill of rights but other measures. — Thus my focus on the 1686 case here.
—newrepublic.com/article/183357/supreme-court-turns-president-king
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Exactly. The court rewrote article 2 to look like tge power if a king before the Glorious Revolution of 1688
newrepublic.com/article/1833...
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Reposted by Holly Brewer
i think akhil amar reed captures something very important, which is that the roberts court rewrote article ii, which explicitly states that a president can be held criminally liable after impeachment (and which has long been understood to mean that he can be held liable after leaving office)
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Reposted by Holly Brewer
Don't forget the Sharpie.
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The convention parliament of 1689 was so, so furious about this case, and about the judges who said that James II was above the law & could ignore the laws of the realm.
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Reposted by Holly Brewer
A great read on the Supreme Court’s decision to create an American King.
The options now seem to be: expand the courts, and/or invite the Dutch to take over the executive branch. (A double power move by the Dems, given the natural height advantage of the Dutch)
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Reposted by Holly Brewer
This is a must-read article on how the immunity opinion flies in the face of history and the rule of law
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They have *always* been connected.
www.cambridge.org/core/journal...
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That would probably be a Trump’s approach.
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Reposted by Holly Brewer
“They wrote ‘Nor may courts deem an action unofficial merely because it allegedly violates a generally applicable law.’ Official acts cannot be prosecuted, even when they clearly violate a law, any law. Jackson was correct in her dissent when she wrote that future presidents would be unconstrained.”
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Reposted by Holly Brewer
"Today’s Supreme Court has just recreated one of the most despicable cases in English history, a case that signified the apex of absolutism in British history and was repudiated by a revolution for the damage it caused. "
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Reposted by Holly Brewer
really well done and explains the scale of this decision
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Thanks!
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Reposted by Holly Brewer
Today's must-read. Everything has a history, including yesterday's judicial coup on behalf of the executive, now possessing legal immunities that would be the envy of an absolute monarch.
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In principle it might still be possible to proceed. But there are a few other parts of the ruling that act as additional procedural bars . One is that official acts are very broadly conceived. Another is that evidence related to them connot be used in the prosecution related to unofficial acts, etc
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Burn effigies like they did in 1776 ? Seriously — some kind of peaceful protest or demonstration? Or recommitment to a few basic fundamental values?
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Reposted by Holly Brewer
In the piece below, @earlymodjustice.bsky.social finds precedent for the insane Trump v. US ruling. Naturally, it's the ruling that James II of England used to make himself an absolute monarch.
Three years later, he was overthrown.
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Reposted by Holly Brewer
"The Founders were hardly all wise or all knowing, but they did understand a history that we have now forgotten. There’s a reason that they so carefully included accountability for governors, and presidents, and wanted it for kings."
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I think Congress would need to amend the current judiciary act as well, with something like this
www.congress.gov/bill/118th-c...
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Well in US history at least!
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Reposted by Holly Brewer
"Today’s Supreme Court has just recreated one of the most despicable cases in English history, a case that signified the apex of absolutism in British history and was repudiated by a revolution for the damage it caused."
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You said it.
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Wrote this:
newrepublic.com/article/1833...
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Reposted by Holly Brewer
I wrote a book on the 19th century Supreme Court and the terrible, horrible, no good, very bad Roger Taney who infamously wrote in Dred Scott v Sanford that enslaved & free Black people had "no rights which the white man was bound to respect." I agree with Bouie that Roberts is comparably bad.
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Reposted by Holly Brewer
maybe seizing and arresting the Supreme Court majority for aiding and abetting an attempt to overthrow the U.S. government can be a "core constitutional duty" and an "official act," why not
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Agreed. Supreme Court rules that 250 years of US History under a republic is enough
newrepublic.com/article/1833...
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Reposted by Holly Brewer
“Five members of the Supreme Court of the United States want to take us back to seventeenth-century absolutism. In a stunning rejection of originalist interpretation, and in defiance of the single statement carved onto the front of the majestic building where they work (‘Equal justice under law’…” 👇
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Reposted by Holly Brewer
If you don’t know @earlymodjustice.bsky.social, her research that eventually convinced Pence about the impropriety of ‘alternate’ electors theory on January 6, 2021. She was a lead authors on the brief that destroyed the originalist case for pres immunity. Here’s her take on today’s decision
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My article for @newrepublic
“The Supreme Court has effectively ruled that 250 years of U.S. history under a republic is enough.”
newrepublic.com/article/1833...
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My article for @newrepublic
“The Supreme Court has effectively ruled that 250 years of U.S. history under a republic is enough.”
newrepublic.com/article/1833...
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Reposted by Holly Brewer
The driving forces behind this masterpiece of a brief were @earlymodjustice.bsky.social, Rosemarie Zagarri, @tomtmwolf.bsky.social!
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Reposted by Holly Brewer
The Charles Sumner School Museum and Archives, located in Washington DC, is one of 7 new sites added to the Reconstruction Era National Historic Network 🗃️
www.nps.gov/reer/learn/n...
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Interesting. Thanks!
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Reposted by Holly Brewer
You will never guess which Judges voted to make it easier for public officials to receive gifts.
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Reposted by Holly Brewer
Full opinion from the Oklahoma Supreme Court holding that the state's approval of an explicitly religious Catholic charter school violates the separation of church and state under the state and federal Constitutions (via @mjsdc.bsky.social) s3.documentcloud.org/documents/24...
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Reposted by Holly Brewer
Terrific piece!
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