Attention to the Unseen

Jamelle Bouie writes: A new vacancy on the Supreme Court means a new round of political theater over the beliefs and qualifications of the president’s eventual nominee. But what does it mean for a Supreme Court justice to be “qualified”? The Constitution is silent on the question, and there’s not much to take from the framers either. To the extent that “qualified” means anything to most people, it’s that the nominee has ample experience on the bench, a standard in…

Read More Read More

Jesse Wegman writes: Even if you are a political junkie, there’s a good chance you didn’t realize that the United States Constitution grew 58 words longer this week. Those words, which begin, “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex,” are the text of the Equal Rights Amendment. Section 3 of the amendment states that it takes effect two years after its ratification, which…

Read More Read More

Jack Shafer writes: Everybody is two-faced about the Supreme Court. First, they fuss about the court having become a venue for politics. This was the position Justice Sonia Sotomayor took last month. Someone who votes reliably with the minority of justices who were appointed by Democratic presidents, she received a chorus of hallelujahs from her comrades when she worried aloud during oral arguments in an abortion case that if the court did not decide her way in the case, the…

Read More Read More

The New York Times reports: Attention quickly turned on Wednesday to Judge Ketanji Brown Jackson as one of a small number of likely options who could fulfill President Biden’s pledge to nominate the first Black woman to the Supreme Court, after the disclosure that Justice Stephen G. Breyer has decided to retire. Judge Jackson, 51, already successfully went through the Senate confirmation process last year, when Mr. Biden elevated her from the Federal District Court in the District of Columbia…

Read More Read More

CNN reports: The San Jose, California, city council voted Tuesday night to adopt a first-in-the-nation ordinance requiring most gun owners to pay a fee and carry liability insurance, measures aimed at reducing the risk of gun harm by incentivizing safer behavior and easing taxpayers of the financial burden of gun violence. The council in the Silicon Valley city split the vote into two parts: the first approving the bulk of the proposal, including the insurance provisions, and the second approving…

Read More Read More

The New York Times reports: The National Archives has turned over to the House select committee investigating the assault on the Capitol last Jan. 6 a large batch of documents that former President Donald J. Trump had sought to keep out of the panel’s hands, citing executive privilege. The committee has yet to make the documents public or disclose how far along it is in scrutinizing them for any new information about the roles played by Mr. Trump and his…

Read More Read More

Yahoo News reports: John Eastman, the conservative law professor who authored memos outlining how President Donald Trump could overturn the results of the 2020 election, invoked his Fifth Amendment rights 146 times when he was questioned by the Jan. 6 committee last month, a lawyer for the panel revealed late Monday. The disclosure came in a court hearing before U.S. District Judge David Carter in Santa Ana, Calif., on Eastman’s lawsuit to block a subpoena from the committee directing Chapman…

Read More Read More

Andy Kroll reports: The technology was complicated, but the plan was simple: Scan mail-in and absentee ballots in populous Maricopa County, remove the “invalid votes,” and recertify the state’s 2020 election count, surely declaring then-President Donald Trump the rightful winner. This scheme to subvert the election outcome in Arizona is laid out in newly released emails obtained by Rolling Stone. Sent in early December 2020, the emails cover a critical moment when the post-election push by Trump and Republican allies…

Read More Read More

Michael Tomasky writes: In a sane world, Jane Mayer’s excellent piece on Ginni Thomas in The New Yorker would set off a series of events that would lead to her husband Clarence Thomas’s impeachment and removal from the Supreme Court. Ginni is involved with numerous far-right organizations and schemes that take very public positions on court decisions across a range of social and political issues, such as last week’s 8–1 holding that Donald Trump could not block the release of…

Read More Read More

The Guardian reports: When Donald Trump announced plans in 2006 to build a golf complex on ancient sand dunes on the Aberdeenshire coast in Scotland he told reporters it was love at first sight. “As soon as I saw it there was no question about it,” he said. It would be the world’s “greatest golf course”. This week Trump International Scotland became a central element of a case that looks poised to dominate his post-presidential life, and could even put…

Read More Read More

David French writes: Yesterday, Fulton County District Attorney Fani Willis sent a letter to the chief judge of the Fulton County Superior Court requesting to empanel a special grand jury “for the purpose of investigating the facts and circumstances relating directly or indirectly to possible attempts to disrupt the lawful administration of the 2020 elections in the State of Georgia.” The request was triggered by the reluctance of key witnesses, including Georgia Secretary of State Brad Raffensperger, to cooperate without…

Read More Read More

Margaret Carlson writes: We’ve been lulled into believing Donald Trump is made of Teflon. He was, after all, the guy who boasted that he could shoot someone on Fifth Avenue and not lose a vote. But Trump’s luck began to run out in early 2021—when he lost the White House, Air Force One, and his Twitter account inside a few weeks. His days of getting away with conduct that would sink anyone else appear to be over. He could even…

Read More Read More

Jane Mayer writes: In December, Chief Justice John Roberts released his year-end report on the federal judiciary. According to a recent Gallup poll, the Supreme Court has its lowest public-approval rating in history—in part because it is viewed as being overly politicized. President Joe Biden recently established a bipartisan commission to consider reforms to the Court, and members of Congress have introduced legislation that would require Justices to adhere to the same types of ethics standards as other judges. Roberts’s…

Read More Read More

The New York Times reports: The New York State attorney general, Letitia James, accused Donald J. Trump’s family business late Tuesday of repeatedly misrepresenting the value of its assets to bolster its bottom line, saying in court papers that the company had engaged in “fraudulent or misleading” practices. The filing came in response to Mr. Trump’s recent effort to block Ms. James from questioning him and two of his adult children under oath as part of a civil investigation of…

Read More Read More

Slate reports: Last week, Michigan Attorney General Dana Nessel referred to federal prosecutors a criminal investigation into who was behind a Dec. 14, 2020, certificate falsely attesting that Donald Trump won Michigan’s electoral votes. The next day, New Mexico Attorney General Hector Balderas made a similar referral to federal prosecutors in his state. Those who had a hand in crafting and attempting to submit false certificates of electors may have committed multiple crimes, including forgery and fraud. The actions of…

Read More Read More