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Monday, September 25, 2017

How the Supreme Court majority will rule on President Obama’s Affordable Care Act may well have been foretold months or perhaps years ago — not so much by their questions during argument this week as by their flagrant displays of bias outside the court, where certain justices regularly behave as dubiously as any sleazy officeholder.

While the public awaits the high court’s judgment on the constitutionality of health care reform, it is worth remembering how cheaply Justices Antonin Scalia and Clarence Thomas in particular have sullied the integrity of their lifetime appointments, and how casually Chief Justice John Roberts and their other colleagues tolerate such outrages.

What is most scandalous in Washington, as a wise pundit once suggested, are the things politicians do that are perfectly legal but shouldn’t be – an observation that applies with particular force to the Supreme Court, which is not subject to the ethics restrictions applied to lesser judges on the federal bench. That was why Scalia and Thomas, for instance, could appear as guests of honor at a fundraising dinner for the right-wing Federalist Society — which was sponsored by Bancroft PLLC, a major firm involved in litigation against the Affordable Care Act — on the very same day last November that they reviewed an appeal brief on the case from Paul Clement, the Bancroft attorney whose arguments they received so cordially this week.

In fact, Clement sat at a table “sandwiched between” the two justices. Scalia was seated with Senate Minority Leader Mitch McConnell, who had told the Federalists that he would rely on them to help undo the “affront” represented by health care reform. And for good measure, Justice Samuel Alito enjoyed the event at another table nearby.

If they were mere federal district or appeals judges, neither Scalia nor Thomas would have been permitted to attend the Federalist celebration, while Alito’s attendance would have been questionable, to say the least. But members of the right-wing majority abuse their immunity from ethics regulation without sanction. Poised to reject the Affordable Care Act with the kind of sweeping opinion that could tear down decades of Commerce clause jurisprudence, they merit the sharp scrutiny of their motives and conduct that they have largely escaped until now, even as they drift further and further toward the corporate right.

Investigative reports have revealed partisan and ideological ties that the justices themselves have sought to conceal, dating back to Scalia’s duck-hunting trip with then-Vice President Dick Cheney, who had pending before the court a lawsuit challenging the secrecy of his Energy Task Force. No federal judge would have dared to rule in such circumstances, but Scalia dismissed the obvious appearance of conflict with an unbecoming sneer. As Scott Horton reported in Harpers magazine, Scalia’s duck-hunting patrons in Mississippi had brought other vital matters before him to get their way, again in a manner that any self-respecting ethical jurist would instinctively abhor.

More recently, Scalia and Thomas were used as celebrity bait by the ultra-right Koch brothers, David and Charles, to draw well-heeled supporters to a secretive conference on undermining the Obama administration at a fancy Western resort. It would be hard to imagine any activity less appropriate for a Supreme Court justice, unless it was Thomas’s wife Ginny accepting huge payments from a Tea Party organization devoted to repeal of health care reform, which she did in 2010. The justices failed to report any of these screaming conflicts on their disclosure reports, compounding the offense with the coverup.

Alito has likewise ignored the federal judicial ethics rule against political fundraising on several occasions, including at least two events to raise money for the far-right American Spectator magazine and for the Intercollegiate Studies Institute, the original sponsors of video dirty trickster James O’Keefe. It is strange to see a Supreme Court justice associating with such gamy ideological enterprises — and even more surprising to learn that Alito gave a blazing partisan keynote address at a Spectator dinner where he denounced Vice President Joe Biden in highly personal terms. When ThinkProgress reporter Lee Fang approached Alito to ask about his role as a right-wing fundraiser, he snapped that it “isn’t important” and his bodyguards threatened to arrest Fang.

The right-wing bloc’s cynical attitude toward judicial corruption was expressed most succinctly by Chief Justice Roberts, in his opinion upholding a West Virginia judge who had failed to recuse himself from a major case involving the A. T. Massey Coal Company. Roberts could see nothing wrong with the judge’s conduct — even though Don Blankenship, Massey’s CEO and principal owner, had donated $3 million to the judge’s re-election campaign. That was too much even for Justice Anthony Kennedy — himself a former lobbyist and the son of a lobbyist — who voted with the court’s liberal justices to uphold the constitutional right to adjudication by a magistrate unimpaired by the blatant appearance of favoritism.

Now it will be up to Justice Kennedy to step up in defense of honest, true conservatism — against the right-wing judicial activism that would vacate decades of Commerce Clause jurisprudence for a partisan objective, and against the corrupting political misconduct of Thomas, Scalia, and Alito — by joining a majority to uphold the Affordable Care Act. By doing so, he might begin to dispel the partisan taint that has afflicted the court since Bush v. Gore in 2000 — the decision that eventually brought Roberts and Alito onto the court to form their abusive majority.

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Copyright 2012 The National Memo

69 Responses to The High Court’s Supremely Unethical Activists

  1. This is not the United States Unsupreme Court it is the bought and paid for Republican Corrupt Court!

  2. My family believes that all the discourse in our country has to do with having a black president. It has brought out the the hidden discrimatory emotional feelings of race against him. The hate that is felt around the country has become a national obsession in all parts of our lives. The stymied
    situation with congress, the GopTea partiers, the Gop candidates for president, and now the
    supreme court. The way the republicans disrepect him, the discord with the obsession of making him a one-term president is tantamount to a blood letting that has consumed us in watching
    a verbal war with such hatred and disdain that they will take him down through all illegal means.

    It is a concerted effort with the Roberts court along party ties to belittle Obama and the
    democrats by invoking the SuperPacs as one of the avenues to inject as much money into the election to get rid of him. The way how Mitch McConnell twists his mouth with disdain when he addresses Obama that he wants him gone of him at all cost. The Birthers and their misguided ideas as to his place of birth. All these things are smoke screens to abolish this good man’s name and smear him and his family that they will defeat him and put this uppity man in his place so he would not be able to lead our country.

    Everyone will need good affordable health at one time or another, and this is new to our country, and the supreme court should not strike this law down. History will judge them in the worst light as we the middle and lower class will not have any safety net to fall back on. Liberty and good health is tantamount to living in a free democracy not be ruled by a partisan jury system but
    uphold what our president has worked so hard for. He’s the leader of our country and not
    the Robert’s supreme court.

    • “The hate that is felt around the country has become a national obsession in all parts of our lives.” “All the discourse in our country has to do with having a Black president….” “brought out the hidden discrimatory emotional feelings…” You’re pretty loose with the sweeping use of the word “all” when, may I remind you, that Blacks alone could not have elected Barach Obama to anything. It took a majority of Whites, from which he received active financial support, election work, and votes. There wouldn’t even be Equal Opportunity and anti-discrimination laws — which I heartily approve of — without the morally correct support of Whites. It disgusts me when people, whether White, Black, Hispanic, or any other race, makes sweeping generalizations and charges against “everbody” and “all people” and attribute every misdeed or opposition thought/action they don’t like to racism. There is no doubt that SOME people are racists, including a lot of Blacks, Hispanics and others. Racism is not limited to Whites against Blacks or Hispanics. And on the whole, it has largely disappeared. I’m old enough to remember the 50s and 60s and the moral outrage that resulted in anti-discrimination laws. I worked as a Human Resouurces professional and executive from the early 70s till I retired a few years ago, and have had a number of very good Black and Hispanic friends that admire and respect. I have worked with them at all levels. Their identities are as human beings, not as Blacks or Hispanics, just as most Whites see themselves as human beings rather than have their primary identification based on race in their own eyes. Racism charges are sometimes true — sad to say. It is against God’s commandments and every moral precept that has stood the test of time. There is no doubt it is a great evil, no matter who practices it. But it has also become a convenient excuse and the first accusation trotted out by lazy idiots who don’t want to think rationally, but stand on their “poor me” soapbox and accuse anyone who disagrees with their personal objectives and beliefs. When I entered the HR field in 1971, there was still active discrimination in the workplace — and I spent a decade or more helping to eliminat it, firing Whites, as well as Blacks for racist comments and behavior, for clear discrimination and violation of the law and company policies. But over the years, this died down until it is a rare thing to see true discrimination. I voted for Barack Obama and I’m White. I voted for him not because he was Black, but because I believed him to be the best man for the job. I do not agree with the Affordable Care Act but that is based on what I consider to be an overly expensive, bloated bureacratic law that will reduce the quality of care in this company and make it unaffordable for many more people, rather than ensuring coverage for all. And at an expense that this country, already deeply in debt and still running deficits, can hardly afford. There are better answers, and I would like to see them implemented so that everyone does have access to affordable, quality health care. I am not blind to the greed and special interests that are trying to defeat the bill. But to attribute opposition to it, and to Barack Obama in general, is just a cheap shot and is itself a racist position, accusing “all” opposition as being based on racism. “Physician, heal thyself.”

      • The affordable care act, was badly watered down so that, mistakenly, Republicans would help it along. The individual mandate was actually their idea, and being that everyone would have to money into the system was their idea of helping the rich CEO’s not so much the people. the origional idea was and still should be for a single payer system, just like all the other mechanized countries of the world. In Example, Cuba has has a lower infant mortalaty rate then we do. We can afford to, according to McCain and Palin, and Several other right wing notables re-esculate Iraq and Afganistan and Yeman , and Iran, and in doing so continue to give billions of tax free dollars to off shore accounts of Haliburtion and its substeries, not to mention all the tribal leaders of these countries who on Monday take the money and on tuesday use it to shoot at our own military. Obama showed us that with one strike we eliminated bin laden. If he was the culpret, that is what we should have done in the first place. Yes, I still have to many unanswered questions about the 9/11 attack. However the money saved could have paid for universal heathcare, and free education, both university and trade school, several times over.

        • It is not affordable care act, it is government take over of our lives, so they can tell us what to do. It is NOT constitutional and this phony law must be struck down or you have given the government permission to tell you how to live and who lives or dies.

          • The corporate, for-profit health insurer are already deciding who dies and who does not when they denine services to people who having been paying premiums or drop the coverage of people who happen to get sick. Personally, I am not comfortable with someone elses profit being connected to my health.

          • Oh those evil corporations, wow, so you would rather the government tell you that you have to purchase the volt because the government owns it. You want the government telling you that you can’t have salt, sugar, because we are paying your health care. You want the government basically to tell you how to live. Really again, the federal government has limited powers. This is just a smoke screen, they want to tell you how to live, they want to have power over the US citizen, but because of the constitution it prevents it. Then look at other governments who have tried this. long waits just to see the doctor, long waits for an operation. Really the only way to fix this is to get Government out of our lives. Conservatism works and has made a country just over 200 years old the most powerfull country in the world. And you and people like you have NOT a clue. Again the government is not the answer, free market is and will always be.

          • Aww, forget it. I was going to reply to you but clearly you are a totally brain-washed individual, well beyond any hope for reasonable discussion.

          • Thats because libs have no common sense. they truely beleive that big government will give them good stuff, all they will ever give you is shit

          • dham69… look what happens when you talk about freedom and individual liberty. These leftist nutjobs have NO CLUE what those things are. They only see a future utopia that is achievable if only everyone did exactly as they say. Keep up the good work here. I’ve been fighting these nutjobs for about a month on here. It’s nice to see other people with common sensse in the fray with me.

            Have a nice day!

          • Thank you, sure glad there are more smart people fighting really dumb socialist, who don’t have a clue, and now the President is lying once again towards the courts. How is hates the unelected making policy. And his czars are elected???? they are making policy??? really shouldn’t he get his facts correct?? What ever happened to the 57 states??? anyway

          • Obozo is clearly either a complete idiot, or is purposefully deceitful. I probably fall on the side of him being a liar. For him to say that overturning Obozocare would be “unprecedented” is an outright lie and he knows it. As if the Supreme Court doesnt overturn unconstitutional laws! What the hell else do they do? Wasn’t he a Constitutional Law professor? Did he actually teach? God forbid any kid that took his class remember any of it. He is a dope of epic proportions only slightly less stupid than Joe “Gaffe Machine” Biden, the truly dumbest man to ever be elected to the Senate and to be VP.

          • Actually, no. Most of us believe in mandated constraints (“laws”), mandated payments (“taxes”), and mandated behaviors (“stay in school until you are 16; pass a driver’s test to drive a car, etc.”) “The mandate” in the Affordable Care Act is an economic solution to moral hazard — one of the key problems that must be solved by society in order to care for its sick. The young care for the old, the healthy for the sick; that is the way of the best of humanity. The SC case is a political football aimed at destroying President Obama – the singular mission of the GOP since 2008. Given the inadequacies of the GOP candidates emerging in the primary, this is the GOP’s best shot.

          • Actually 72% of americans are against big government against obama taking over an industry. you are the very small few who don’t have a clue on what a big government is like. Tyranny will come with it along with socialism. How sad for you

          • Careful with your percentages. Surveys are always contingent upon how you ask the question. For example, many seniors will say they are against big government until you talk about taking away their Medicare. Mr.Smith is against big government until you talk about closing his local post office. Mr.Jones is against big government until you talk about closing the military base in his district. Get the idea? How sad indeed for those of you who can’t appreciate the great accomplishments of America like putting a man on the moon, building the best highway system in the world, giving us all a wonderful system of national parks, etc. And why would you give all of this up? Because you’re too damned cheap to bellyup and pay the taxes that are necessary to be a great country, a country that has the moral fiber to lift up a man who is down and out or a single mom who needs food stamps. Let’s tell it like it is!

          • OK, so lets say like it is, the welfare system has destroyed families, the welfare system has failed. Seniors are against big government and your right its how you put the question. For those how have PAID into the ponzy scheme would not be affected, the money that the seniors and everyone else has put into the big lock box, have found nothing but I O U’s in the box. The government spent all the money, libs at their best. If you ask seniors about changing the government and making it live within its means, then they are for it. Allot of the seniors have already made plans for something that they where promised, but once again the big liberal / socialist spenders just lie theough their teeth. The best highways are falling apart and it takes several years and many millions to follow the EPA and the left wing moron environmentalists agenda. So How is that so far. Want more, the single mom (product of a failed socialist society), is stuck in poverty by the very same liberal lies and can’t get out of poverty or off of food stamps. Yea, so, how is that hope and change going for you??

          • Actually Mickey Mouse would beat obama, he has nothing to run on to accomplishments. What 8.2% unemployment, more americans on food stamps since the great depression, highest gas prices ever? good luck with that

          • If the healthcare is found to be unconstitutional, then I say anyone who does not have health insurance should not be treated. People do not want to be forced to buy health insurance because they want someone else to pay for them when they get sick. They know they can show up at the hospital and be treated for free. You and I have to pay their bill. I say if you don’t want to buy insurance, then you don’t get medical care unless you pay for it.

          • Yup and many others, 2012 will be a repeat of 2010 you libs are so funny, you are only a very small portion of the U.S., but with the main stream media, you think you are greater, even their poles show you are not. You are on a loosing lying side, try finding the truth out, you may find happiness and you will be set free from hate and racist attitudes. You will once and for all start looking at people for who they truly are people and not just the color of their skin, sexual orientation and such.

          • The government is not taking over your lives when it tries to ensure that it’s citizens are able to access health care.
            A government is taking over your life when they tell you who and who can’t get married. When they try to legislate a woman’s reproductive health and choices. The government doesn’t belong anywhere near my bedroom or my uterus.

          • Boy have you been drinking the coolaid or what. Lets see where to start. The government is telling you that you have to buy insurance, what next what car to purchase. And to educate woman on abortions, which happens more in the minority community setup by a racist to get rid of the undesirables, her words not mine. reproductive health, no one is trying to deny anything, really stop watching the propaganda msnbc, cnn, cbs, mathews, matcow and all the other hacks for the socialist agenda. Try finding the truth out for yourself. Listen to Rush, hannity and especially mark levine you will learn that what the government is doing is against the constitution plain and simple.

          • You’re making a HUGE leap…from health insurance to cars! Sorry, but that’s a very poor analogy. So is the leap to government enforced broccli. What silly crap WON’T a conservative say???!!!

            Your suggestion that poor or minority women don’t know any better than to have an abortion is absolutely vile!!! We women have all the education we need about our reproductive options when we discuss those subject privately with our healthcare providers. We DO NOT need laws to regulate what our options are or legislate that we must have invasive tests prior to making our choices. If men can get insurance-covered Viagra to facilitate sex with girlfriends, wives or whoever, then women should equally be able to have access to insurance-covered birth control. And 98% of women agree with insurance-paid birth control, regardless of their political or religious affiliations.

            And your “socialist” paranoia is laughable. We have many social programs in our country. The largest? Social Security. If you’re not getting it now you will be some time in the future, yelling to anyone who’ll listen, “It’s MINE!!! I earned that, damnit!” I believe in taking care of the least of us. You see, I have an adult son who is severely developmentally disabled and only has Supplemental Security Income to live on, which is about $650.00 per month. His yearly income doesn’t even approach the poverty line. It’s only because of charitable organizations who assist my son- and many like him- to live in a house and get to go to community center and take part in the programs that other people have developed for this population: dances, holiday celebrations, etc. My son’s only “health insurance” is Medicaid, which recently cut vision and dental benefits in my state. He has no choices in what health program best suits his medical needs. In Alaska, their surplus of pipeline money goes directly back to the people of Alaska. They all get a check…which is one helluva socialist program that Alaskans LOVE to get!

            You conservatives who use Christianity to put forth your agendas make me sick. You don’t care at all about people. Jesus Christ was a liberal. “If this is going to be a Christian nation that doesn’t help the poor, either we have to pretend that Jesus was just as selfish as we are, or we’ve got to acknowledge that He commanded us to love the poor and serve the needy without condition and then admit that we just don’t want to do it.” – Stephen Colbert
            JFK Words of Wisdom in 1960 insites on government….
            John F Kennedy so eloquently said: “I will take no advice, directly or indirectly, from anybody of faith. I will not permit that to be discussed.” By saying that, Santorum argued, “he went too far.” “I believe in a president whose religious views are his own private affair,” Kennedy said.
            Kennedy vowed to make decisions on birth control, divorce and other subjects “in accordance with what my conscience tells me to be the national interest, and without regard to outside religious pressures or dictates.”

            You, sir, need to quit listening to the Right Wing Whackos, like O’Rieley, Hannity and especially the chemically dependent Rush. What a straight-up ass he is!

            I like who I am and there are SO many people who believe in what I agree, to some degree or another is sooooooooo many more than you.

          • Nope, just taking it from youtube, and following in the steps of Chris Mathews, Rachell Madcow, Keith Oberbyte, and can’t forget Obama and biden, or pelosi or reid. At least I am not lying about what was said.

        • It is not affordable care act, it is government take over of our lives, so they can tell us what to do. It is NOT constitutional and this phony law must be struck down or you have given the government permission to tell you how to live and who lives or dies.

      • While i do agree with you CSP about not all whites, however it is clear to most that the issues that have come about is due to this Presidents color…There are so many instances where some causcians whether your average joe to congress judges etc have CALLED THIS MAN OUT OF HIS NAME…I am not sure how u missed those reports but i haven’t… And neither has a majority of americans..It saddens me deeply the lack of Respect this man receives form white america ( not all) but from those who’s job is to uphold our constistitution…SMH…..

      • I must point out one error in your comment. You state that it was more than the Black vote that put Obama into office..’it took a majority of Whites …’ Yes indeed Obama did indeed get the majority of votes in the election in 2008. He received 53% of the total votes and 43% of the White votes.

      • Clearly you are a nice person and are entitled to your feeling and beliefs. However, racism still exists in this Country. Don’t believe me just go read the comments about President Obama on Yahoo – most of them contain openly racist names and comments. I live in a very conservative area and know a lot of people who claim to be conservative. The overwelming numbers of them are good people, and they are taken back by some of thing that have been said about our President. I agree with you that most of the people who disagree with the President are not Racist, but the ones who are are very vocal and the leaders of the Right Wing have not stood up to condem it, in fact most support it. I have been hearing more and more of my conservative friends saying they will not be voting Republican lately.

      • Geeze…Thank you, Almighty White Man for everything!!! Without you, us poor little minorities couldn’t do anything for ourselves!!!
        REALLY??? You missed the point completely of the person who wrote the original comment. The comments were about how the GOP will stop at nothing to make Obama look bad…including racist tactics.
        But thanks again for EVERYTHING, including your Caucasian Sermon.

    • The sad thing is just as Clinton passed the law during his time to expand education accessibility for the ones who wanted it, people obviously didn’t recognize that the new ‘high school diploma’ is now a four year college degree. Those who took advantage can now at least get a toe into the door to jobs. With health care, I suspect that in the future, if one don’t have it, you won’t be able to get the care needed for anything not even to save your life.
      Right now in Illinois, the Gov is proposing that hospitals be property taxed among other things. Some have said they would be forced to close if this goes through. Hospitals are a business and use those perts to offshoot the high cost of medical cost and care. Suppose for a second that they end up having to pay property taxes among other things. If one doesn’t have some sort of health insurance, I can see folks being turned away left and right even more so than now. Yet the same people who the national health care can help most in the future are many of the same ones who oppose it because it’s something that Obama, that black man, is trying to promote.
      He’s trying to offer folks something that might help them in the future, but because of the politics in place, they are rejecting it. Right now hospitals have to accept a person if nothing else but to stabilize an injury or sickness. What will happen if hospital are made to operate ‘strictly’ as a business. No insurance, no proof of payment in the future, no help. Folks just can’t see the forest for the trees. The GOP knows this, but they constantly prey on folks who don’t or won’t think for themselves.

    • What part of the Federal Government has limited powers, they do NOT have the power to tell its citizens what they can or can’t purchase, or even what they can purchase. I fail to see how the president being black has anything to do with anything. It is always the left who see the persons color, sex or sexual orientation. Obama is not liked for his politics, we are NOT a socialist society and this president is a socialist and probably closer to a Marxist. Try looking at his politics, especially with $5.00 per gallon gas on the horizon, which he is responsible for. Bush was blamed when gas went over $2.00 a gallon, this is obamas mess. Remember he wants higher gas prices and he is getting it. So again what part of his skin color has anything to do with why people are against him???

      • Apparently you don’t remember that the talking heads on Fox News explained that when gas reached $4.00 under Bush that a president has nothing to do with the price of gas. Funny how today it is Obama’s fault, but by then it was market forces. What a pile of nonsense. The price of oil is result of world market pressures under Bush and those before him and it remains so today. Obama as a Marxist is truly delusional my friend. Don’t let your fear and distrust cloud your judgement.

    • As a former Republican, I believed first in the rights of the individual as guaranteed by the Constitution along with fiscal integrity. I differed with the Libertarians in our additional responsibility for our fellow citizens. We need our government to provide for the less fortunate members of our society. This is not engendered by charity or liberal hyperbole, but rather self-interest. We need to build a society where people share the resources that surround us all. We want the security of a civilized society, the “fruits of domestic tranquility,” to be secure in our homes and in our public places.

      I am repelled by the new brand of “God-fearing” moralists who sit in judgment on almost all aspects of our society and practices: the supremacy of the embryo, the subservient status of women people of color and those who pursue alternative life styles, the need to “punish” those who do “evil”, such as drug users, and, worst of all, having to submit to the socialistic agendas of the “Kenyan” President, who, along with his warlike “fellow Muslims,” are pursuing a jihad to demolish Christianity and the American Dream!

      This vitriol has been demonstrated over the course of the Republican Debates. It takes priority over any of the major action items facing our government. Our leading contenders have a consensus that the health and welfare of those without recourse to medical care can be ignored. These would-be leaders don’t spend a moment worrying that our higher education is becoming unaffordable to all but the most wealthy. They are spending legislative time in dozens of states trying to fight birth control, women’s rights. A century after the initial battles for worker’s rights for collective bargaining, this battle has again been reopened.

      They rail about the state of the economy and the level of unemployment. This despite the fact that we now have been enjoying a bull market at near all-time highs and the fact that unemployment is falling at rates that are comparable to past recoveries.

      Employment went from 4% in Jan of 2008 (the start of the final year of the last Republican administration) to 8% on inauguration day (the last day of that fateful year). The rise continued at a decreasing rate for the next twelve months and has been decreasing steadily since then. My Grand Old Party now wants to change the strategy back to the direction it was going which caused the last crash. Deregulation is once again to be the rule whenever the question is raised. Banking lending practices, environmental protection, urban development, the cost of prescription drugs; in each case, smaller government is presumably best!

      They are oblivious to the fact that employment is the real problem, not unemployment. Companies are eagerly seeking highly educated professional workers to fuel the emerging industries in , microbiology, communications technology, and microprocessor architecture. The skills that come from post graduate studies are dwindling with spiraling tuition fees. While the schools are closing their doors and health costs are spiraling upward, the cry from the right is to reduce taxes on the highest earners among us so that the shrinking resources will be funded by those who ar, at the same time, being shut out of higher education, health care, and a living wage.

      I’m sad to see that incivility now is the order of the day and that the Republican party is delivered into the hands of those who have abandoned the idea of a loyal opposition and instead have adopted the attitude of a lynch party.

  3. why are we in court in the first place. We never went to court for car insurance. Why not pay for health insurance? When you are sick you want to go to doctor. I see people driving nice cars every day, force to have car insurance or get a ticket. I am tired of my tax dollars paying for public hospital,if you cant afford health insurance dont have kids.

  4. Jj: I agree with you fully on the Black Man President. It has been so evident about how the repubs feel about this President from the very beginning. Its so discusting how they Pick apart everything this President or his Family do or say. They would Love to get some real Dirt on President Obama.. but, here seems to be one President that is NOT OUT WHORING AROUND. I`m sure that really blows their minds( what little minds they have !) As for those Supreme Court Justices.. that is Scarey.. seems theres ON WAY TO GET THEM OUT OF OFFICE..The discision they made on the Super pacs and their money should have been an “eye opener” for everyone. The future isn`t looking or feeling too bright for anyone right now… Certainly hope some Good Change is coming.. or we`re All LOST.

    • I’m a liberal, but I must point out that Clinton was savaged in much the same way. I’m not sure how much of this is racism and how much is just a culture of unreasoning rage.

  5. We used to think that the Supreme Court was above politics, but now we see how biased they are. Thomas and Scalia have shown us how venal some men can be, and Alito and Roberts sent there by Bush to do their dirty work just add to the mess. At least we have two women on there now, but we must make that a majority if they are to have any voice.

    • Anne, there are three women on the court. Ginsberg, Sotomayor and Kagen. I agree fully with you that we used to believe the Supreme Court was above politics. That was back when we all believed the myths about the make up of our government and institutions. The Court has always had a bias of one kind or the other. It depends upon who’s ox is being gored. At least until recently the Court tried to keep their personal biases to them selves and out of plane sight. Now folks like Scalia and Thomas where theirs on their sleeve for all to see. Not a very good thing for the country.

  6. This article is so biased and lopsided that it doesn’t even begin to approach even handed, honest debate based on integrity and fairness. It’s all about the “right wing” conservative Supreme Court judges and their sins. Not one word about the liberal, “left wing” judges on the Supreme Court. It’s just a hatchet job, appealing to the basest emotions. Joe Conason should be ashamed to author anything like this. If you’re going to be a journalist, then be a fair one and present the facts, with some sources to back it up that can be checked, instead of a litany of unproven accusations. Maybe they are true. I don’t know and can’t find out because you didn’t cite one iota of proof or sources that can be checked. Are the liberal judges all paragons of virtue? I think not. But you don’t bother to try to be even-handed, just to attack those you disagree with. It’s pure snot-nosed drivel written by a prejudiced, highly partisan author who doesn’t know the meaning of integrity in journalism. Even if you are just expressing an opinion, then label it as such. There’s nothing here that says this is an op/ed piece. But even if it was, I’d hope some degree or rationality and even-handedness might be evident. What a piece of trash.

    • Did you even check the links provided within the article? I find it hard to believe that any rational person would simply dismiss this as left-wing drivel. If nothing else, try to stay on topic. The article isn’t about left vs. right. It’s about the fact that campaign funding practices drive policy throughout the nation, including the judicial election process. If you’re just going to characterize the journalist with something as specific as lacking integrity, then you need more to go on than the typical partisan talking points.

    • CSP… if you reading Joe Conason for an even handed approach to issues, look elsewhere. He’s just another back bencher, leftist, political hack carrying Obozo’s water. No one knows who the hell he is anyway.

  7. The Significance and medical Necessity of Obama’s Affordable Care Act must not be overshadowed by the legal issue alone . It is ironic that we still care , in this new era, more about computer virus that Human virus. The best process to resolving this important Life-saving issue is to consider all the factors involved – especially Moral, Medical and Spiritual issues. My stand on this issue is the fact that it is absolutely essential and long overdue, to keep all Americans perfectly healthy. If we succeed in keeping many Americans perfectly healthy, United States will start producing far more than we consume again. This is the most efficient way to put current Recession behind us. However, I already know that we must simply wait for more crisis and contitue to say : God Bless America !!! RIGHT ?

  8. Hey the political party that claims Jesus is on their side, sold their souls to Satan a long time ago. Ann Coulter says Liberals have no God, Yet the way the Christain Conservatives read the Bible is Due others under before they do anything. They tout the Ten Commandments, they don’t go by them. The 9th Thou shal not bear false witness, yet they tell us Obama wasn’t born in the U.S, he’s a Muslim, and there are death panels in Obamacare, not to mention their fact that it costs America money. It only cost CEO’s of big business money, according to the stock market even big business is making money on it. The 10th, shows their true character, thous shal not covet, they want to, or covet full control over everyone in the world. The 8th thoushalt not steal, they are willing to lie to steal the power so much that they have also neglected the first Thous shal have no other God before me. Where is Huckabe, Where are Billy and Franklin Graham?

  9. Supreme Court Justices can be impeached and it sounds like some of these Justices should be. There is no doubt that the decisions coming out this court are the kind of decision that could be described as “judicial legislating.” But elections have consequences and this is a perfect example of 24 years of the presidency being predominately filled with Conservative Presidents.

    • Remember, it is only Judicial Legislating (a term coined and only used by Republicans) when the decisions favor Democrats. When they favor Republicans it is called Constitutional Constructionism.

  10. I am forever surprised how the average person can be convinced to vote against his best interests. The universe is unfolding as it should and I’ll bet that when and if the conservative republicans reverse the affordable care bill, the resulting escalation of healthcare costs will cause many businesses who now include healthcare as part of it’s employment package to eliminate it. Hospitals and other medical institutions will then ask for government assistance to stay operational and as with the oil industry will then get corporate welfare. How ironic that the conservative republicans call Obama’s healthcare package communism.

  11. The problem is not the fact that the president is black. The problem is we have two people in the White House that hate America and its history. They are bound and determined to destroy America in every possible way. O has been doing a fantastic job accomplishing his goals. Conquer and divide, that’s their motto.

    • Yeah right Bob. It is the party of Obama that has used the filibuster at a record pace to obstruct nearly every piece of legislation to come along. Stating that two people in the White House hate America says way more about you that it does about the first family. How about coming up with something original and thought provoking instead amusing?

  12. Unethical, as in Kagan whom everyone knows had direct and clear conflict? Every sixth grader knows the mandate was unconstitutional. Anyone trying to twist the Constitution to arrive at a different decision has absolutely no understanding of how or why it was brought about and served pretty well until Roosevelt used a packed court to bring about a crazy interstate commerce decision. If that decision was revisited and rescinded out of precedent, this country could get back on the individual freedom track.

    • Why did Kagan remain and not recuse herself? You would have to ask Clarence Thomas. After all, his wife has openly worked for a group that fought against the ACA while it was still a bill, and has led the fight for its overturning since it was signed by President Obama. If Kagan is unethical then so is Thomas.

    • Big difference between a spouse’s work and personal work. My wife is completely independent in her thoughts and actions. We are individuals. Pointing to Thomas is simply a transparent attempt at shifting guilt and you know it.

  13. For those who think I would vote against my best interest, just picture the face of that bureaucrat in Washington who will decide if your 85 year old mother will get costly cancer treatment. If you think that bureaucrat will decide in her favor when his job advancement depends on how much money he has saved, you are truly out of it. If an insurance company bureaucrat does the same, you at least have some options. You won’t if the government is the final decider.

  14. I don’t see how some people can sleep with all the HATE that resides within them (SAD)!
    Faith in the “Supreme Court” vanished in 2000 with “W”!
    Who expects a fair decision from them now, why would they change now?
    We could save a ton of $$$$ by downsizing and exporting the Court Overseas like the majority of American Jobs – why not?

  15. First, I want to say, That while Blacks, Hispanics and other people of color can be strongly bigoted, we are not, nor can we be, Our Political Capitol, despite our Economic Capital, is not as powerful, IT takes power & Control, invalidation, and demonization of a group (s) of people, because no matter what our achievements, they are evaluated as “they are good at that, because…they got there because… It is still a common theme “They are the first “African American to achieve… to be in denial of the USA’s racism is to be blind to the reality we are now, and have, been subjected to since Europeans began enslaving Africans, in North America, South and Central America, The Carribbean, The West Indies and The Antilles and many more Locations by EUOPEANS, WE are THE AFRICAN DIASPORA. Being ‘Free’, while Colonialized, Marginalized, riding the back of yhe bus, having Separate but Equal Laws, that were to be enacted “With all DELIBERATE SPEED”, has all of the USA still waiting. I know that Morality cannot be legislated, when laws are passed,there should be no expectation of real change. Unfortunently, our current President, has brought out the BIGOT AND the RACIST in all of us. We have forgotten what we were taught, no matter what your religious beliefs, ‘to love thy neighbor and who is my neighbor?’ Human beings are always in struggle to find our Humanity, Love and Compassion, each for the other. Not all white people” are evil and/or racist, we are what we learn to be and it is a fact that even refugees and immigrant populations are taught to avoid close contact with Blacks and Hispanics. These beliefs in the 21st Century? Yes, it’s in there, being taught and perpetuated by generation after generation and there is no need to explain your personal ideology, It’s Not Personal, IT IS INSTITUIONAL. THINK CRITICALLY.

  16. Our once great nation has become 2nd rate in some respects. The republican appointees on the SC are the worst kind of scurrilous partisan miscreants. They bring shame and disrespect to a supremely important wing of government.

  17. I agree with JJ. That’s not to say that everyone that opposes Obama on any issue is a racist, but I do believe the lack of respect shown him by the far right, especially is racists. Whether the affordable health care act is constitutional will be decided by the courts, though I strongly believe their are biased judges who bow to the 1% pulling the strings on the far right political regime. As an American, who grew up in the 50’s and 60’s, am saddened by the state of affairs and the way our President is treated also. I must add that the racism demonstrated by the far right is just part of their negative bias. They are also misogynists. Say what you want, but their initiatives to reduce availability of hormonal birth control, safe abortions (even for incest and rape) and other rhetoric (i.e. Rush Limbaugh who has great control over the GOP) serve as obvious examples. Seriously, if they could figure out a way, they would work to suppress the female vote and probably education. I find it downright disgusting.

  18. I am really surprised at the strong and emotional rejection of Obamacare even by those the law is intended to help, Two examples come to mind.

    We have neighbors with a single daughter, age 40 — with pre-existing conditions. She works in restaurants that generally offer no healthcare insurance. If she is able to obtain health insurance on her own, it would be very expensive. So she has no health insurance. Yet her parents are strong opponents of Obamacare. Ironically, without Obamacare, she is likely to end up on Medicaid at some point.

    A second example is a young man who works for our small technology company (20 employees). He took time off to travel to Washington DC to protest Obamacare. He asked for input from others in the company before his trip. My comment was that we were one catastrophic claim away from having our rates increase to the point where health insurance premiums are out of reach. I also pointed out that I would be on Medicare shortly – my concern was continuing offer heath coverage for those in the 20’s and 30’s for years to come.

    I am not sure why people would oppose Obamacare that is in their self interest. Currently we have 50 million uninsured. Perhaps the tipping point will come later – when 60 or 80 million are uninsured.

  19. And YOU are exactly the kind of person I’m talking about. One who can’t see the forest for the trees. Talk about missing the point! Your racism is showing loud and clear.

  20. I quite agree that racism still exists, though it’s a relatively small group compared to the population as a whole. Mostly redneck idiots stuck in the middle of the last century. (And I was born poor and country, myself, but have NEVER shared the racist attitude. I am very prejudiced against certain dispicable behaviors but not against anyone because of their race. As for racist, inflammatory attacks on Obama, I also agree that there is way too much of that (any at all is unacceptable). I don’t think they are funny and say more about the dimwitted idiots who post them and send them around the internet than they do about the intended recipient. I’ve gotten several from conservative “friends” and have let them know I don’t think they are either appropriate or funny. That’s not to mention the birther accusations, the Muslim accusations, the Communist accusations, etc. The attacks are vicious and not worthy of our country. Though that seems to be a symptom of the polarization in this country. I saw and received the same kind of trash about Bush when he was President. We should all condemn such behavior but at the same time, let’s not paint everybody with the same brush. As you said, many honest, decent people disagree with Obama just as many honest, decent people support him. We should all conduct ourselves with more integrity and common courtesy.

  21. Point taken. I stand corrected. However, 43% is still a pretty good number. That’s not far from half of White voters, who like most everyone else split roughly 50/50 in any recent election.

  22. And Clement went to a Green Day concert with Kagan. And Kagan worked at DOJ with then-deputy AG Verrilli even as the SG’s office was preparing to defend Obamacare before the courts. What’s your point? That Kagan is unethical?

    Bancroft was not the sole (or even major) sponsor of the Federalist Society dinner as you falsely imply: there were nearly 40 firms that sponsored the event, and co-sponsors included O’Melveny & Myers and Mayer Brown — both firms represented parties in support of Obamacare. Maybe Clement was “sandwiched” between the two Justices because he happens to be a former Scalia clerk. And Justices fraternize with their former clerks. No need to get your panties in a twist.

  23. Paradoxical Quote of the Day from Ben Stein…

    “Fathom the hypocrisy of a government that requires every citizen to prove they are insured, but not everyone must prove they are a citizen.”

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