“This was a train wreck for the Obama administration…This law looks like it’s going to be struck down. I’m telling you, all of the predictions including mine that the justices would not have a problem with this law were wrong… if I had to bet today I would bet that this court is going to strike down the individual mandate.”
CNN’s Jeffrey Toobin on the way the wind seems to be blowing during the Supreme Court hearings. (via tpmmedia)
Why this might not be bad for Obama and his reelection bid.
(via cheatsheet)
“There’s been some change in my views about the death penalty, but I think there’s more of a change in the jurisprudence of the Court that made me eventually reach the conclusion that the death penalty, as it is presently administered, is unconstitutional.”
(via nprfreshair)
“I do indeed like so-called ‘deep dish pizza.’ It’s very tasty. But it should not be called ‘pizza.’ It should be called ‘a tomato pie.’ Real pizza is Neapolitan. [from Naples, Italy] It is thin. It is chewy and crispy, OK?”
U.S. Supreme Court Justice Antonin “Nino” Scalia offers ruling: Deep dish v. thin crust?
Herman Cain could not be reached for comment
SCOTUS court order.
All it takes to end a man’s life is 23 words. That’s it. Otherwise it’s radio silence.
(via rubenfeld)
R.J. Matson / Roll Call
“Both Thomas and Scalia have produced what can only be described as a master class in human apathy. Their disregard for the facts of Thompson’s thrashed life and near-death emerges as a moral flat line. Scalia opens his concurrence with a swipe at Ginsburg’s “lengthy excavation of the trial record” and states that “the question presented for our review is whether a municipality is liable for a single Brady violation by one of its prosecutors.” But only by willfully ignoring that entire trial record can he and Thomas reduce the entire constitutional question to a single misdeed by a single bad actor.”
(via markcoatney)
“If lightning strikes, and it turns out that as many of us believe, the Supreme Court turns out to be a third political branch of government and they strike down the mandate — big deal,” Weiner said, expressing a ‘so what?!’ sentiment. “Big deal!”
“We pretty much see the direction the Supreme Court is going. The solution, if the mandate is struck down, is not that the bill falls like the house of cards … the solution is going to be offering something everyone agrees is constitutional and that’s the public option in the exchange.”
“The Supreme Court unfortunately is a corporate-dominated arm of the Republican Party right now,” Weiner said. “I put nothing past them. But they would have to take a Bush v. Gore like leap to strike down the constitutionality of the whole law. Even the mandate is a pretty thin reed.”
Weiner: Clarence Thomas Should Bow Out of Health Cases

Here is the full letter:
The Honorable Justice Clarence Thomas
United States Supreme Court Building
1 First Street Northeast
Washington D.C., DC 20543
Dear Justice Thomas:
As an Associate Justice, you are entrusted with the responsibility to exercise the highest degree of discretion and impartiality when deciding a case. As Members of Congress, we were surprised by recent revelations of your financial ties to leading organizations dedicated to lobbying against the Patient Protection and Affordable Care Act. We write today to respectfully ask that you maintain the integrity of this court and recuse yourself from any deliberations on the constitutionality of this act.
The appearance of a conflict of interest merits recusal under federal law. From what we have already seen, the line between your impartiality and you and your wife’s financial stake in the overturn of healthcare reform is blurred. Your spouse is advertising herself as a lobbyist who has “experience and connections” and appeals to clients who want a particular decision - they want to overturn health care reform. Moreover, your failure to disclose Ginny Thomas’s receipt of $686,589 from the Heritage Foundation, a prominent opponent of healthcare reform, between 2003 and 2007 has raised great concern.
This is not the first case where your impartiality was in question. As Common Cause points out, you “participated in secretive political strategy sessions, perhaps while the case was pending, with corporate leaders whose political aims were advanced by the [5-4] decision” on the Citizens United case. Your spouse also received an undisclosed salary paid for by undisclosed donors as CEO of Liberty Central, a 501(c)(4) organization that stood to benefit from the decision and played an active role in the 2010 elections.
Given these facts, there is a strong conflict between the Thomas household’s financial gain through your spouse’s activities and your role as an Associate Justice of the United States Supreme Court. We urge you to recuse yourself from this case. If the US Supreme Court’s decision is to be viewed as legitimate by the American people, this is the only correct path.
We appreciate your thoughtful consideration of this request.
Sincerely,
ANTHONY D. WEINER
Rep. Peter DeFazio Investigating Impeachment For Chief Justice John Roberts
With Democrats increasingly outraged over the Supreme Court’s Citizen United decision that allowed unlimited corporate spending in elections — a change conservatives have been more successful at taking advantage of — a Democratic congressman is raising the prospect of impeaching the Supreme Court’s chief justice over the issue.
“I mean, the Supreme Court has done a tremendous disservice to the United States of America,” Rep. Peter DeFazio (D-Ore.) told The Huffington Post on Tuesday. “They have done more to undermine our democracy with their Citizens United decision than all of the Republican operatives in the world in this campaign. They’ve opened the floodgates, and personally, I’m investigating articles of impeachment against Justice Roberts for perjuring during his Senate hearings, where he said he wouldn’t be a judicial activist, and he wouldn’t overturn precedents.”
Continue reading… HuffPo link above
“Pew survey: 53% admit they can’t name chief justice of Supreme Court (can’t even guess)—only 28% know it’s Roberts.”
Breaking: Kagan Has the Votes
CSPAN has confirmed there are 61 “yea” votes for Kagan’s confirmation, meaning the GOP will probably not waste time on a filibuster.
“
Now that the sex lives of Supreme Court justices have become grist for commentators, we are finally free to discuss a question formerly only whispered about in the shadows: Why does Justice Antonin Scalia, by common consent the leading intellectual force on the Court, have nine children? Is this normal? Or should I say “normal,” as some people choose to define it? Can he represent the views of ordinary Americans when he practices such a minority lifestyle? After all, having nine children is far more unusual in this country than, say, being a lesbian.
Let me be clear: the issue is not the fact that Scalia has chosen to have nine children. That is his personal business. The question is whether he is an extremist advocate of the so-called “Nine Children Agenda.”
”Michael Kinsley
continue reading… Sex Lives of Supreme Court Justices
Greenwald vs. Lessig
Glenn and Larry’s fight: From acrimony to apologies (08:51)
Does Kagan hold Bush-Cheney views of executive power? (10:14)
Kagan on detaining enemy combatants (07:37)
Are open and honest nomination hearings impossible? (08:50)
Has Obama sold out? (08:54)
How to fight the central threat to America (08:47)
If you watched Greenwald debate Lessig before on this blog you are not seeing double. I posted a prior debate of their’s from Democracy Now. You can see that here.
“Chief Justice John G. Roberts, Jr., and his conservative fellow-Justices, like their ideological kinsmen in the nineteen-thirties, are engaging in what’s known as judicial activism. A few weeks ago, on Air Force One, Obama, a former law professor, gave a useful definition of the term, saying that “an activist judge was somebody who ignored the will of Congress, ignored democratic processes, and tried to impose judicial solutions on problems instead of letting the process work itself through politically.” This is, indeed, what the Roberts Court is doing. Local elected officials in Seattle and Louisville created complex and nuanced strategies to achieve racial diversity in their schools; in 2007, in a decision written by Roberts, the Court overturned the plans. The elected city council of the District of Columbia passed a strict gun-control law; in 2008, in a decision by Antonin Scalia, the Court vetoed it. Most notoriously, Congress passed the McCain-Feingold campaign-finance bill, which President Bush signed into law; earlier this year, in a decision by Anthony M. Kennedy, the Court eviscerated that legislation and decreed that corporations have the right to spend unlimited funds to elect the candidates of their choice. In that case, known as Citizens United, the majority also reversed two recent Court decisions. Roberts and his allies, like the conservatives of seventy years ago, profess to believe in judicial restraint (the opposite of activism) and respect for precedent, but their actions belie their supposed values.”
ACTIVISM V. RESTRAINT - Jeffrey Toobin
Elena Kagan, and what Obama can learn from F.D.R. : The New Yorker
By the way, I read Toobin’s ‘The Nine’ last summer. I highly recommend it.
UPDATE: Toobin will answer readers’ questions in a live chat. Tuesday 3 P.M
