Saturday, November 18, 2023

Stinging critique of SCOTUS ethics announcement


The Justices have modified the Code of Conduct applied to lower court federal judges but have replaced "shall" with "should" many times and have added modifiers like "knowingly" to give Justices an out when they are caught. 

Regarding recusal, the article says, "Canon 3(B)(3) holds that 'The rule of necessity may override the rule of disqualification.' If this sentence sounds like it means whatever the justices want it to mean, that's because that's exactly what it means. The 'rule of necessity' renders the Court's supposed disqualification and recusal rules meaningless." 

The code provides no enforcement mechanism.

Charlie Cooper

Despite economic growth, U.S. inequality worsens


Inflation is down and GDP up, but the fruits of growth go overwhelmingly to the already-well-off. Tens of millions of middle- and working-class people are feeling worse off -- despite the aggregate numbers. People don't vote so much on aggregate numbers as they do on their own situation. Biden and his political advisors need to stop looking at aggregates and enforce their own measures to promote equality.

Charlie Cooper



Friday, November 17, 2023

The impact of McCutcheon on big-money fundraising


Fred Wertheimer shows how the 2014 McCutcheon decision of the Supreme Court, allowing unlimited aggregate contributions to political committees to influence elections allows politicians to legally sell influence to high-rollers. [This portion of the article starts after several paragraphs on Trump's rhetoric.]

Charlie Cooper

Wednesday, November 15, 2023

Brennan Center discussion of Supreme Court reform with Sen. Sheldon Whitehouse

Virginia voters question a state senator's residence


Four voters have filed a petition alleging that the senator is not eligible to represent her district because she does not live there. She has a house outside the district and an apartment in the district. The dispute does have a partisan element because the petitioners are Republicans while the senator/candidate is a Democrat.

Charlie Cooper

Tuesday, November 14, 2023

Supreme Court adopts voluntary ethics code


After years of pressure from Democratic members of Congress (led by Sen. Sheldon Whitehouse), and after startling revelations about how right-wing billionaires have provided lavish gifts and financial benefits to Clarence Thomas and other  justices, and after the press has exposed the right-wing network of dark money organizations led by Leonard leo seeking to influence the court, the Supreme Court has adopted a voluntary code of ethics. It contains slight wording changes compared to the ethics code imposed on all lower judges of the federal judiciary, and it is less stringent than the code applied to employees of the legislative and executive branches. There is no enforcement mechanism.

This article also gives a brief overview of the questionable practices by several justices that have uncovered over the past years.

Sen. Dick Durbin, Chair of the Senate Judiciary, said the Committee would continue efforts to issue subpoenas for Leo and for billionaire Thomas benefactor Harlan Crow. Republicans on the Committee have delayed the process by introducing 90 amendments to the motion authorizing the subpoenas.

Charlie Cooper

Constitutional scholar Rep. Jamie Raskin on priorities for amending the Constitution


His remarks on Constitution Day, 9/17/23, all focus on expanding democracy.

Charlie Cooper