Jeb Bush, pointing to the Supreme Court oral arguments on same-sex marriage this week, repeated the false claim by Justice Scalia that if marriage equality becomes the law of the land, pastors will be forced to marry same-sex couples. He also made clear he supports discrimination against LGBT people by people of faith.
On Tuesday at the Supreme Court, despite all evidence to the contraryÂ â€“ including the First AmendmentÂ â€“ Justice Antonin Scalia insisted that if the court finds a right for same-sex couples to marry, pastor, priests, ministers, and other clergy will be forced under law to marry same-sex couples.
The idea is preposterous on its face, as attorney for the same-sex couples, Mary Bonauto elegantly noted.Â
“Your Honor, of course the Constitution will continue to apply, and right to this day, no clergy is forced to marry any couple that they don’t want to marry,” reminded the 79-year old jurist.Â “We have those protections.”
On Thursday at a forum hosted by the National Review, likely 2016 presidential candidate Jeb Bush fear-mongered off Scalia’s false claim, responding to a question on religious freedom.Â
National Review editor Rich Lowry brought up the battle and firestorm created by Indiana Republican governor Mike Pence, when he signed the Religious Freedom Restoration Act into law last month.Â
Bush had actually been among the first to defend Pence’s signing of the discriminatory law â€“ saying Americans just didn’t know “the facts” about the bill â€“Â and was embarrassingly forced to flip-flop when Pence, under fire, called for a bill stating the RFRA could not be used as a tool to discriminate.
“You seemed to suggest,” Lowry said, that the Indiana law “needed to be fixed. What was wrong with it?,” he asked.
Bush denied the suggestion.
“No, I didn’t say that,” Bush insisted, although he essentially did. “I supported Pence. I think he needed to create clarity the law was not an attempt to discriminate against people, it was an effort to provide some space for people to act on their religious conscience.”
Bush then brought up Scalia’s remarks at the Supreme Court on Tuesday.
“I read some of the transcript, and the solicitor general in defense of the governmentâ€™s position, when, I guess it was Scalia or someone asked about this question of â€˜Well, does that mean that the church or other religious institutions are discriminating if they donâ€™t want to participate?'” Bush offered. “And he said, â€˜Thatâ€™s not whatâ€™s in front of you today.â€™ Now maybe Iâ€™m misinterpreting that remark, but my interpretation of that was, â€˜Well, that might be in front of you tomorrow.â€™ And thatâ€™s where I think we need to focus.”
As Chris Johnson at the Washington Blade notes, “Bushâ€™s account of the exchange is faulty. Scalia indeed expressed concerns during oral arguments that ministers may be forced to conduct same-sex weddings, but the attorney before the bench at the time was Mary Bonauto, civil rights director for Gay & Lesbian Advocates & Defenders, who gave assurance no clergy would be forced to participate in a same-sex wedding.”
Bush then said, “we need to get to a place where government’s not going to discriminate against people based on their sexual orientation, and at the same time, make sure there is ample space for people not just to have a religious view, or just to be religious, but to actually act on their religious view.”
In other words, Bush is saying he does not support discrimination against LGBT peopleÂ by the government, but totally supportsÂ discrimination against LGBT peopleÂ by people of faith.
At that same forum Thursday, Bush announced he’s a fan of books authored by a social scientist theÂ Southern Poverty Law Center describes as a “white nationalist,” and whose most famous book has been denounced as “racial pornography.”Â
Here’s Bush talking about Scalia and ministers being forced to perform same-sex marriages:
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‘Heist’: Ginni Thomas Tells J6 Committee Election Was Stolen, Says She Never Discussed Efforts to Overturn With Spouse
Appearing behind closed doors in person for four hours with investigators from the House Select Committee on the January 6 Attack, far right wing activist and lobbyist Ginni Thomas reiterated her false claims the 2020 presidential election was stolen, calling it a “heist.” Thomas also insisted she has never discussed her work to overturn the election results with her husband, the person she publicly refers to as her “best friend,” U.S. Supreme Court Justice Clarence Thomas, who has resisted calls to recuse himself from any cases surround the January 6 insurrection.
The 2020 president election was not stolen, there has never been any proof to support that false contention, more than 60 court cases claiming fraud brought by the Trump team or their supporters have been thrown out or lost, and even Donald Trump’s own Attorney General and Dept. of Homeland Security officials have said there was no significant fraud, with the later issuing a statement that reads: “The November 3rd election was the most secure in American history.”
And yet, despite mountains of evidence President Joe Biden won the election, despite the election being certified with him winning 81,268,924 votes against Trump’s 74,216,154 votes – a margin of more than 7 million, and despite him winning the Electoral College 306 to 232, Ginni Thomas for hours on Thursday insisted Donald Trump was the rightful president.
“During her interview, Ms. Thomas, who goes by Ginni, repeated her assertion that the 2020 election was stolen from President Donald J. Trump,” The New York Times reports, citing remarks made by the Committee’s chairman, Bennie Thompson. The Times called it “a belief she insisted upon in late 2020 as she pressured state legislators and the White House chief of staff to do more to try to invalidate the results.”
And yet to reporters Thomas’ attorney called her actions merely “minimal and mainstream activity focused on ensuring that reports of fraud and irregularities were investigated.”
“Beyond that, she played no role in any events after the 2020 election results,” he added, despite press reports that Thomas held a months-long text message exchange with White House chief of staff Mark Meadows, urging him to find a way to overture the election.
“As she wrote in a text to Mark Meadows at the time, she also condemned the violence on Jan. 6, as she abhors violence on any side of the aisle.”
“Ms. Thomas,” The Times adds, “exchanged text messages with Mr. Meadows, the White House chief of staff, in which she urged him to challenge Joseph R. Biden Jr.’s victory in the 2020 election, which she called a ‘heist,’ and indicated that she had reached out to Jared Kushner, the president’s son-in-law, about Mr. Trump’s efforts to use the courts to keep himself in power. She even suggested the lawyer who should be put in charge of that effort.”
Despite earlier reports Thomas did appear in person, but refused to answer reporters’ questions.
NEW: Ginni Thomas met with Jan 6 committee IN PERSON. She did not answer my questions pic.twitter.com/5z6pypr0S9
— Annie Grayer (@AnnieGrayerCNN) September 29, 2022
‘No Shame’: Trump Judge Overrules Special Master – Stuns Legal Experts
U.S. District Judge Aileen Cannon on Thursday overruled the special master Donald Trump’s legal team chose and she installed, deciding to change the deadlines he set, delaying the case and DOJ’s work for months, and overruling his decisions.
Specifically, Judge Cannon ruled Trump and his attorneys do not have to make any statements to support the former president’s baseless claims that the FBI “planted” documents or other evidence.
“Judge Cannon overrules the order by her special master that would have forced Trump’s lawyers to lodge objections to the accuracy of the DOJ’s inventory, effectively forcing him to prove his ‘planting claims,'” Law & Crime managing editor Adam Klasfeld reports. “Trump doesn’t need to do that any more, she rules.”
“Upon review of the matter,” Cannon writes in her order Thursday, “the Court determines as follows. There shall be no separate requirement on Plaintiff [Trump] at this stage, prior to the review of any of the Seized Materials, to lodge ex ante final objections to the accuracy of Defendant’s Inventory, its descriptions, or its contents. The Court’s Appointment Order did not contemplate that obligation.”
Legal experts are stunned by Cannon’s latest move.
The Nation’s justice correspondent Elie Mystal writes: “Trump Judge Cannon trying to preserve the white wing talking point without forcing Trump to prove it. She’s in too deep now. She has to ride Trump all the way and hope he wins and promotes her.”
Civil liberties and national security journalist Marcy Wheeler says, “Judge Cannon unilaterally rewrites HER OWN deadlines to make sure that her Trumpy doesn’t have to commit until after the election. Holy hell this woman has no shame.”
Over at her site, Wheeler expands her thoughts.
“Aileen Cannon, without explaining why she was intervening, just rewrote Judge Raymond Dearie’s work plans regarding the Special Master review,” Wheeler says, calling it “an obvious power grab to ensure her own intervention doesn’t backfire on Trump.”
“With no justification (particularly given the way Dearie has ceded to multiple issues Trump has raised), and after having been scolded by the 11th Circuit for her improper claims of jurisdiction, she effectively just eliminated any claim that the Special Master Trump picked and she appointed is a neutral observer.”
“Cannon is shamelessly acting as Trump’s defense attorney. If you are a reporter, that’s what your story is. If you’re not a reporter, that’s also what your story is,” she warns. “At the very least fact check this woman.”
Slate senior writer Mark Joseph Stern, who has authored a book on the Supreme Court, says, “Cannon was shameless enough to overrule the special master, because she is not a real judge.
Former General Counsel of the Federal Bureau of Investigation (FBI) and well-known MSNBC legal analyst Andrew Weissmann calls Cannon “a disgrace.”
“Oy- Judge Cannon tinkers badly with (and with typos) Judge Dearie’s scheduling order, relieving Trump of obligation to say whether docs were planted, even though she had wanted a clear inventory of what was found. She is such a disgrace.”
‘Tarnished Image’: Gallup Releases Devastating SCOTUS Poll – as Conservative Justices Snipe at Kagan’s Warning
Ever since December of 2021, when the U.S. Supreme Court heard arguments in the case that six months later would overturn Roe v. Wade, a 49-year old precedent – “settled law,” Americans were assured by the Court’s Justices in their confirmation hearings – ensuring women have the constitutional right to abortion, Chief Justice John Roberts has been accused of losing control of his justices.
On Thursday, just days before the high court begins its new term, as one of the Justices’ spouses delivers testimony on her role in the coordinated efforts to overturn the results of the 2020 presidential election, amid sniping by the Chief Justice and a conservative justice at their liberal colleague, and anger across the nation so virulent the midterm elections appear to be rapidly swinging back to Democrats, the right-leaning Gallup organization has released a new poll that’s absolutely devastating for the Chief Justice and the Court he was entrusted to lead – not to mention American democracy itself.
“Supreme Court Trust, Job Approval at Historical Lows,” Gallup’s damning headline reads.
“47% trust the judicial branch; previous low was 53%,” “40% job approval of U.S. Supreme Court is tied for record low,” and “Record-high 42% say Supreme Court is too conservative.”
Translated, that means the legitimacy of the court is in question, despite entreaties from Justice Samuel Alito, who authored the Dobbs opinion that discarded nearly five decades of settled law to achieve a desired goal: rescinding the constitutional right to abortion, and with it, quite possibly not far down the road, the constitutional right to contraception, same-sex intimacy, and same-sex marriage.
“‘Less than half of Americans say they have ‘a great deal’ or ‘a fair amount’ of trust in the judicial branch of the federal government, representing a 20-percentage-point drop from two years ago, including seven points since last year,'” Politico reports, quoting an advanced copy of Gallup’s findings.
“This represents a 20-percentage-point drop from two years ago,” Gallup’s own report reveals, “including seven points since last year, and is now the lowest in Gallup’s trend by six points. The judicial branch’s current tarnished image contrasts with trust levels exceeding two-thirds in most years in Gallup’s trend that began in 1972.”
Respect for the Supreme Court was such a non-question that from 1976, when Americans’ “trust and confidence” in the nation’s highest court stood at 63%, Gallup, it appears, did not even ask the question again in polls again until 1997, when the answer came back at 71%.
Today, under Chief Justice Roberts, it is a mere 47%.
Also today, Ginni Thomas, the far right wing activist spouse of one of the Court’s most right-wing jurists, Clarence Thomas, is testifying before the U.S. House Select Committee on the January 6 Attack regarding her role in efforts to overturn the 2020 election results.
This week Justice Alito, also a far-right conservative, delivered a thinly-veiled attack against Justice Elena Kagan, a liberal, in a rare public forum.
So did the Chief Justice, just weeks earlier.
“The very worst moments [in the court’s history] have been times when judges have even essentially reflected one party’s or one ideology’s set of views in their legal decisions,” Justice Kagan said recently, sparking anger from the right. “The thing that builds up reservoirs of public confidence is the court acting like a court and not acting like an extension of the political process.”
“Judges create legitimacy problems for themselves when they don’t act like courts,” she also said, and “when they instead stray into places that looks like they are an extension of the political process or where they are imposing their own personal preferences.”
“If, over time, the court loses all connection with the public and with public sentiment, that is a dangerous thing for democracy,” Kagan warned.
Chief Justice Roberts later delivered a terse retort.
“Simply because people disagree with an opinion is not a basis for questioning the legitimacy of the court.”
Bloomberg Law columnist Vivia Chen, citing the well-respected constitutional scholar and retired Harvard Law professor of law, Laurence Tribe, recently wrote: “Chief Justice Roberts Is Officially Irrelevant.”
“Having had both John Roberts and Elena Kagan as my brilliant students in constitutional law, and having watched each of their careers unfold, I can’t help thinking that one of them, Justice Kagan, has grown into her role as a wise jurist,” Tribe told Chen in response to the Roberts-Kagan flap.
“Chief Justice Roberts has dwindled in stature as his cliches have lost their power and even their relevance,” Tribe added.
Justice Alito entered the sparring match this week, telling The Wall Street Journal: “It goes without saying that everyone is free to express disagreement with our decisions and to criticize our reasoning as they see fit. But saying or implying that the court is becoming an illegitimate institution or questioning our integrity crosses an important line.”
It was a clear swipe at Justice Kagan.
“It’s embarrassingly obvious that recent decisions rendered by the conservative supermajority hew to a certain political agenda,” Bloomberg’s Chen noted, asking: “where does one start? I guess Dobbs was a biggie because it destroyed almost 50 years of reproductive rights for women.”
“Then,” she added, “there’s the decision that crippled New York’s gun-control law and the one that severely cut back climate change regulations. And let’s not forget how the court keeps siding with religion, as if the separation of church and state is an optional part of the Constitution.”
“That the Supreme Court lurched so far to the right in less than a year is breathtaking,” Chen observes. “It’s like we’re suddenly transported to a country where Wayne LaPierre, Christian fundamentalists, corporate polluters, and the ghost of Phyllis Schlafly are calling the shots.”
(For those looking fore even more justification of how the Supreme Court is undermining its own legitimacy, this video clip offers an additional answer.)
All this turmoil, turbulence, and trouble comes days before the Court begins its new term.
“The Supreme Court will return to work on the first Monday of October, after a three-month summer break, with all the determination of a Renaissance-era explorer looking for new lands to conquer,” snarked – or warned – The Nation‘s Elie Mystal. “Last term, the court’s conservative supermajority showed it was willing to ignore precedent (overturning Roe v. Wade), reality (issuing rulings that will lead to more gun violence and climate pollution), and facts (making up evidence in the praying-football-coach case) to arrive at its preferred judicial outcomes.”
“This term, the high court will cement its grip on political life in America, overturning affirmative action and other critical protections along the way,” he says.
“The conservative Supreme Court has been willing to suppress the vote or let Republican-controlled state legislatures gerrymander district maps to the point where the popular vote is all but meaningless, but so far, the court has been unwilling to throw away enough votes after the fact to change the outcome of an election. We’ll see if there’s a first time for everything.”
How bad could it be?
A picture’s worth a thousand words.
Affirmative Action. Tribal Sovereignty. LGBTQ+ Rights. Voting Rights. They’re all on the chopping block this coming Supreme Court term—and this is just what we know so far. In this essential SCOTUS preview, @ElieNYC lays out what’s at stake this term. https://t.co/i3C1vHntmY
— The Nation (@thenation) September 29, 2022
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