Exactly. The Constitution doesn't actually say that justices hold their office unless impeached. It says that they hold their offices "during good behavior." There is NOTHING that says Congress can't investigate whether or not the behavior was good outside an impeachment hearing. It might not LEAD to impeachment--the only actual remedy--but the prospect of such hearings just might cause judges to think about what the verdict of such hearings would be and consider whether or not what they are doing is indeed "good behavior." Violating the flag code, at the very least, might not be an impeachable offense but it isn't "good behavior" in a judge sworn to uphold the laws. Not to mention the pressure it might put on Roberts to DO something about recusal.
This concept also applies to Thomas, of course.
Alternatively, since violation of the flag code is indeed an offense (apart from any political significance of the violation) why not go after MRS. Alito, since we are told she is to blame. Think about what interesting vitriol might come up in discovery from a woman actually prosecuted for being thrown under the bus by her husband.
"why not go after MRS. Alito, since we are told she is to blame"
Fucking brilliant idea. OMG! Subpoena HER and force Mr Alito to come to the defense of the woman he threw under the bus. One of two things is going on in that household. Either she's a hostage in a toxic marriage or she's as big a POS as he is (I'm betting on the latter) but if he's accusing her of putting up that upside-down flag then she's the one to subpoena I'd think
thank you Noah, this is outrageous. been wondering who to call to insist we have hearings...the committee itself? neither of my GOP senators are on said committee, so I got no legit avenue via my elected representative, but we really need to push Durbin on this one and hopefully shame him out of this infuriating learned helplessness or whatever it is.
Look at the standing O Jasmine Crockett got on social media for standing up to M-Trash-G...Doesn't Durban want some of that love? Stand up and fight=hugs and rainbows
Get some of those hugs and rainbows, Dick...stand up
Well, there's a silver-lining going on here...Not long ago, this milquetoast response/reaction from Durban and his ilk was so de-riguer it wasn't even worth mentioning...That this dereliction of duty stands OUT is a good sign...Folks like Moskowitz, Raskin, Crockett, AOC, etc have changed the tenor of the party DRAMATICALLY and for the better over the last 4-5 years or so...It REALLY puts the ineffectual neo-liberal centrist dems in stark relief...Even I've found that I can't make blanket criticisms of my party anymore like I used to. Those criticisms simply don't apply across the board anymore
Centrist dems in congress need to pay CLOSE attention to how democratic voters respond to people like Crockett and Raskin et al...We are veritable STARVIBNG for this kind of thing...When they speak I feel renewed , refreshed and hopeful...Someone is standing up and fighting for ME
If the centrists can't get on board, they need to hand over the keys and get out of the way..Definitely still appreciate their votes on the House and Senate floor, but I no longer want them to presume to be our voice...our ethos...
Right? I mean if you can't do your job, fine...Sometimes we find ourselves in positions we probably shouldn't BE in...No shame in that. But at least fucking RECOGONIZE that you suck at your job and hand it off to someone who CAN do it...
That's the scary part. They choose the dumbest SOB they could in trump. DeSantis is much more dangerous, but unlikeable and lacks charisma. I didn't know who the surrogate is, but someone is going to be in line after dear leader bites it.
"but someone is going to be in line after dear leader bites it."
Eventually, but not right away. After this episode is 'over' (crossing fingers per Nov.) the narrative arc will collapse. The republican party shot its wad over this and the momentum will flatline. MAGA is too invested in the Trump narrative to justlatch on to another strongman right away. Think of all the in-fighting thats going to go on as to who that strongman will be. Smears, backstabbing, conspiracy theories, purity tests. Even MAGA is exhausted and demoralized sfter years of this shit even if they can't publicly acknowledge it
Ultimately these things run in cycles. This wasn't going to last forever.
"senate" is the worst institution in DC. At least the house in theory turns over every two years, and $CROTUS whatever its inclinations can only take so many cases in a year. senate otoh remains sclerotic and useless.
Really appreciate the perspective on Trump‘s postmaster general, de Joy. It helps explain why Biden has not kicked him out yet. A nasty billionaire does respond to pressure.
As for Dick Durban, I suspect some of his established big money funders are whispering in his ear.
the why is simple. Alito, like Roberts, would decline and refuse to show up, The alternative of impeachment can't happen now.
It has to happen through justice and it is Garland who lacks the balls. But federal justices have been imprisoned. And one has been, but he died while in prison.
Of course they have immunity in the performance of their actual duties--but that is limited to some degree as well. For instance,. judges who ask for cases to be brought (as Thomas did in Dobbs) have gotten judges at every level in U.S., and is rather pretty universal--in the last twenty years or so Spain, Italy , and I believe France have removed judges for that.
How could a judge be impartial after already stating his opinion? That is one reason for recusal, the other being corruption, bribery or undue influence,
I have a notion the Trump immunity case is about immunity for those on the court as it is about Trump.
Absolutely—I am so SICK of the Schumer/Clinton NeoLibs not fighting the Traitor Right with everything they have, so we know they actually CARE enough to get their hands bloody if the Trumpublicans get bloodier, or even just as bloody.
I wish you weren’t taking Durbin down. You might not be considering his calculus in this. I wish you would reserve this tone for the dangerous and the evil ‘Republicans’. Respectfully commented upon.
I think that Democrats should be criticized when they do bad things—and failing to perform oversight is a bad thing.
Durbin has said his reasons for not holding hearings. I think those are very bad reasons. If he has other reasons, he should state them, and we could evaluate them on the merits.
Simply put, he needs to state what the DOWNSIDE of subpoenaing Alito would be. Frankly I can't think of one...ANY reaction/response from Alito is going to expose him for what he is. A subpoena as a political PR move? When its JUSTIFIED? I got NO problem with that...It can BE a 'stunt' without being MERELY a stunt if you get my drift
Hi Noah, I am not opposed to your drive to be critical of Durbin’s decision or your wish to have impact so that Alito could face consequences. It is the denigrating tone. Not necessary. I think the denigration should be reserved for the Republicans doing the damage. You will do as you see fit. I just wish those of us in the democratic tent would raise everybody up in the tent. We are going to have a very long fight against the forces of evil even if/when Biden elected and we get majorities in both houses. Better we build a strong sense of teamwork, collaboration, respect and cooperation. No need to agree with me. Because your writing has big impact you contribute to the shape of the discourse among all of our allies in the fight. What you do is important and I value it. I’m nobody. I’m only one 74 year old man with a good ear for what people hear and the erosion of community that follows from taking someone in the community down. It’s the tone.
ah, well, I think I'm probably a lot less influential than you're suggesting!
In any case, I think people in power sometimes deserve to be mocked at least a bit. with pols they (and we) sometimes need to be reminded they work for us not the other way around, I'd argue.
Exactly. The Constitution doesn't actually say that justices hold their office unless impeached. It says that they hold their offices "during good behavior." There is NOTHING that says Congress can't investigate whether or not the behavior was good outside an impeachment hearing. It might not LEAD to impeachment--the only actual remedy--but the prospect of such hearings just might cause judges to think about what the verdict of such hearings would be and consider whether or not what they are doing is indeed "good behavior." Violating the flag code, at the very least, might not be an impeachable offense but it isn't "good behavior" in a judge sworn to uphold the laws. Not to mention the pressure it might put on Roberts to DO something about recusal.
This concept also applies to Thomas, of course.
Alternatively, since violation of the flag code is indeed an offense (apart from any political significance of the violation) why not go after MRS. Alito, since we are told she is to blame. Think about what interesting vitriol might come up in discovery from a woman actually prosecuted for being thrown under the bus by her husband.
"why not go after MRS. Alito, since we are told she is to blame"
Fucking brilliant idea. OMG! Subpoena HER and force Mr Alito to come to the defense of the woman he threw under the bus. One of two things is going on in that household. Either she's a hostage in a toxic marriage or she's as big a POS as he is (I'm betting on the latter) but if he's accusing her of putting up that upside-down flag then she's the one to subpoena I'd think
thank you Noah, this is outrageous. been wondering who to call to insist we have hearings...the committee itself? neither of my GOP senators are on said committee, so I got no legit avenue via my elected representative, but we really need to push Durbin on this one and hopefully shame him out of this infuriating learned helplessness or whatever it is.
wouldn't necessarily hurt to try durbin? idk. he's in senate leadership, and in theory cares about the country as a whole...
Look at the standing O Jasmine Crockett got on social media for standing up to M-Trash-G...Doesn't Durban want some of that love? Stand up and fight=hugs and rainbows
Get some of those hugs and rainbows, Dick...stand up
Same question.
Turns out, my Senator Jeff Merkley is on the judiciary committee. I emailed him. Thank you.
Well, there's a silver-lining going on here...Not long ago, this milquetoast response/reaction from Durban and his ilk was so de-riguer it wasn't even worth mentioning...That this dereliction of duty stands OUT is a good sign...Folks like Moskowitz, Raskin, Crockett, AOC, etc have changed the tenor of the party DRAMATICALLY and for the better over the last 4-5 years or so...It REALLY puts the ineffectual neo-liberal centrist dems in stark relief...Even I've found that I can't make blanket criticisms of my party anymore like I used to. Those criticisms simply don't apply across the board anymore
Raskin and Crockett are forces to be reckoned with.
INDEED!
Centrist dems in congress need to pay CLOSE attention to how democratic voters respond to people like Crockett and Raskin et al...We are veritable STARVIBNG for this kind of thing...When they speak I feel renewed , refreshed and hopeful...Someone is standing up and fighting for ME
If the centrists can't get on board, they need to hand over the keys and get out of the way..Definitely still appreciate their votes on the House and Senate floor, but I no longer want them to presume to be our voice...our ethos...
It appears that Durbin is suffering from the same lack of spine that his Republicans cohorts exhibit. Time to put him out to pasture.
Right? I mean if you can't do your job, fine...Sometimes we find ourselves in positions we probably shouldn't BE in...No shame in that. But at least fucking RECOGONIZE that you suck at your job and hand it off to someone who CAN do it...
Unfuckingbelievable. GOP can't create a crisis out of anything, and we can't get a Senator to do the least bit of effort.
Can. They absolutely CAN create a crisis out of anything, or nothing at all.
Paul Gosar is a perfect example, that traitorous fuck.
We're just lucky that republicans are as incompetent as they are...can you imagine if Liz Cheney had been fronting this coup?
That's the scary part. They choose the dumbest SOB they could in trump. DeSantis is much more dangerous, but unlikeable and lacks charisma. I didn't know who the surrogate is, but someone is going to be in line after dear leader bites it.
"but someone is going to be in line after dear leader bites it."
Eventually, but not right away. After this episode is 'over' (crossing fingers per Nov.) the narrative arc will collapse. The republican party shot its wad over this and the momentum will flatline. MAGA is too invested in the Trump narrative to justlatch on to another strongman right away. Think of all the in-fighting thats going to go on as to who that strongman will be. Smears, backstabbing, conspiracy theories, purity tests. Even MAGA is exhausted and demoralized sfter years of this shit even if they can't publicly acknowledge it
Ultimately these things run in cycles. This wasn't going to last forever.
The infighting over the recently deceased's throne will be something to behold, that's for sure.
Those kids have zero allegiance to each other
"senate" is the worst institution in DC. At least the house in theory turns over every two years, and $CROTUS whatever its inclinations can only take so many cases in a year. senate otoh remains sclerotic and useless.
Thank you. We know the GOP house won't act but we can't allow these corrupt judges to operate with impunity.
Wonderful use of the word chitinous!!
Now I have to go look it up…
Really appreciate the perspective on Trump‘s postmaster general, de Joy. It helps explain why Biden has not kicked him out yet. A nasty billionaire does respond to pressure.
As for Dick Durban, I suspect some of his established big money funders are whispering in his ear.
Thanks for another excellent post!
the why is simple. Alito, like Roberts, would decline and refuse to show up, The alternative of impeachment can't happen now.
It has to happen through justice and it is Garland who lacks the balls. But federal justices have been imprisoned. And one has been, but he died while in prison.
Of course they have immunity in the performance of their actual duties--but that is limited to some degree as well. For instance,. judges who ask for cases to be brought (as Thomas did in Dobbs) have gotten judges at every level in U.S., and is rather pretty universal--in the last twenty years or so Spain, Italy , and I believe France have removed judges for that.
How could a judge be impartial after already stating his opinion? That is one reason for recusal, the other being corruption, bribery or undue influence,
I have a notion the Trump immunity case is about immunity for those on the court as it is about Trump.
Absolutely—I am so SICK of the Schumer/Clinton NeoLibs not fighting the Traitor Right with everything they have, so we know they actually CARE enough to get their hands bloody if the Trumpublicans get bloodier, or even just as bloody.
You know, these Supreme Court fascist insurrectionists seem to have unexpectedly suacy facist insurrectionist wives. Just a thought.
I wish you weren’t taking Durbin down. You might not be considering his calculus in this. I wish you would reserve this tone for the dangerous and the evil ‘Republicans’. Respectfully commented upon.
I think that Democrats should be criticized when they do bad things—and failing to perform oversight is a bad thing.
Durbin has said his reasons for not holding hearings. I think those are very bad reasons. If he has other reasons, he should state them, and we could evaluate them on the merits.
Simply put, he needs to state what the DOWNSIDE of subpoenaing Alito would be. Frankly I can't think of one...ANY reaction/response from Alito is going to expose him for what he is. A subpoena as a political PR move? When its JUSTIFIED? I got NO problem with that...It can BE a 'stunt' without being MERELY a stunt if you get my drift
Hi Noah, I am not opposed to your drive to be critical of Durbin’s decision or your wish to have impact so that Alito could face consequences. It is the denigrating tone. Not necessary. I think the denigration should be reserved for the Republicans doing the damage. You will do as you see fit. I just wish those of us in the democratic tent would raise everybody up in the tent. We are going to have a very long fight against the forces of evil even if/when Biden elected and we get majorities in both houses. Better we build a strong sense of teamwork, collaboration, respect and cooperation. No need to agree with me. Because your writing has big impact you contribute to the shape of the discourse among all of our allies in the fight. What you do is important and I value it. I’m nobody. I’m only one 74 year old man with a good ear for what people hear and the erosion of community that follows from taking someone in the community down. It’s the tone.
ah, well, I think I'm probably a lot less influential than you're suggesting!
In any case, I think people in power sometimes deserve to be mocked at least a bit. with pols they (and we) sometimes need to be reminded they work for us not the other way around, I'd argue.
Being a doormat should always be called out when the consequences are so dire...