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Bombshell Paper Shows Democrats Likely Won’t Regain Majority Control of Supreme Court Until 2065 – Unless They Expand It

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A newly-revised bombshell paper by four school law professors finds Democrats are unlikely to be able to regain majority control of the U.S. Supreme Court for four more decades, until 2065, unless they expand the number of justices on the nation’s highest court.

That finding follows weeks, and indeed years, worth of allegations of corruption against the conservative jurists themselves, including Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, the spouse of Chief Justice John Roberts, and earlier, Antonin Scalia.

Political strategist and former Media Matters vice president Jamison Foser notes this would mean “96 consecutive years of a Republican Supreme Court majority.”

“The Endgame of Court-Packing,” is a paper that “uses simulations based on assumptions about the results of elections, justice retirement, etc to predict what might happen with the Supreme Court’s composition for the next century,” notes one of its authors, Washington University in St. Louis School of Law Professor Daniel Epps, a “a nationally recognized expert on the Supreme Court” according to his bio.

READ MORE: Clarence Thomas in 2001: Being a Supreme Court Justice Is ‘Not Worth Doing for What They Pay’

Revealing how just one decision can change the course of history, Epps on social media points to Justice Ruth Bader Ginsburg, who died on September 18, 2020 and was replaced just weeks later by Republican President Donald Trump, just before the election he lost.

Had Justice Ginsburg “retired under a D[emocratic] president (or had [Merrick] Garland been confirmed) Democrats would likely have retaken control by 2029, and would control the Court for about half of the next century,” Epps writes.

One of the paper’s authors, Harvard professor Maya Sen, frames their most concerning finding this way: “To bring this home,” she writes, “an 18 year old today will likely not see a Democratic-appointed majority on the Supreme Court probably until their 50s or 60s,” and, “people in their 40s right now will probably never see another Dem-appointed majority in their lifetimes.”

While the papers authors use the term “court-packing,” widely viewed as a negative expression of the concept of adding more justices to the nation’s highest court, the concept dates back at least as far as 1937, when President Franklin Delano Roosevelt proposed a plan to expand the number of justices to possibly 15.

Rutgers Law School professor David Noll in October of 2020 wrote that Army Coney Barrett’s appointment to the U.S. Supreme Court “is classic court packing. The president nominated a hardline conservative who appears to question major parts of U.S. constitutional law. And the Senate majority changed its procedural rules – invented to deny Merrick Garland a hearing – to ram through the nomination as people were voting.”

READ MORE: Watch: Dem Senator’s Viral Video Reveals Scalia Accepted Over 70 Undisclosed Gifts of Vacations Like Clarence Thomas

“If Democrats respond to the Barrett appointment by expanding the size of the Court, the immediate effect will be to further diminish the Court’s standing and make it hard for anyone to take the Supreme Court seriously,” he wrote, unaware of the corruption scandals that would be swirling around all the right-wing justices just a few years later.

“Paradoxically, I think that’s a good development. Restoring a sense of balance to the Court will require Republicans and Democrats to come together and agree on new rules for how justices are chosen and the kind of jurists who serve on the Court.”

Others have proposed expanding the Supreme Court to 13, which would make more sense because not would accurately reflect the number of federal circuits, which the Supreme Court justices oversee.

In 2021, four Democratic members of the House and Senate called for expanding the court by four seats.

“Republicans stole the Court’s majority, with Justice Amy Coney Barrett’s confirmation completing their crime spree,” Senator Ed Markey (D-MA) said in a statement that year. “Of all the damage Donald Trump did to our Constitution, this stands as one of his greatest travesties. Senate Republicans have politicized the Supreme Court, undermined its legitimacy, and threatened the rights of millions of Americans, especially people of color, women, and our immigrant communities.”

“Nine justices may have made sense in the nineteenth century when there were only nine circuits, and many of our most important federal laws—covering everything from civil rights, to antitrust, the internet, financial regulation, health care, immigration, and white collar crime—simply did not exist, and did not require adjudication by the Supreme Court,” said then-House Judiciary Chairman Jerry Nadler. “But the logic behind having only nine justices is much weaker today, when there are 13 circuits. Thirteen justices for thirteen circuits is a sensible progression, and I am pleased to join my colleagues in introducing the Judiciary Act of 2021.”

The 56-page paper‘s authors are Adam Chilton, University of Chicago – Law School; Daniel Epps, Washington University in St. Louis – School of Law; Kyle Rozema, Washington University in St. Louis – School of Law; and Maya Sen, Harvard University – Harvard Kennedy School (HKS).

 

 

Image: Official White House Photo by Andrea Hanks via Flickr

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BAD PRESIDENT

Trump Vows Not to Invite South Africa to G20 in 2026, Citing Conspiracy Theory

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President Donald Trump vowed not to invite South Africa to the 2026 meeting of the G20 over a debunked conspiracy theory he continues to push.

Writing to his social media platform Truth Social on Wednesday afternoon, Trump announced that the U.S. did not attend this year’s G20 meeting in Johannesburg, and, in turn, wouldn’t let South Africa attend next year’s meeting in Miami.

“The United States did not attend the G20 in South Africa, because the South African Government refuses to acknowledge or address the horrific Human Right Abuses endured by Afrikaners, and other descendants of Dutch, French, and German settlers. To put it more bluntly, they are killing white people, and randomly allowing their farms to be taken from them. Perhaps, worst of all, the soon to be out of business New York Times and the Fake News Media won’t issue a word against this genocide. That’s why all the Liars and Pretenders of the Radical Left Media are going out of business! At the conclusion of the G20, South Africa refused to hand off the G20 Presidency to a Senior Representative from our U.S. Embassy, who attended the Closing Ceremony. Therefore, at my direction, South Africa will NOT be receiving an invitation to the 2026 G20, which will be hosted in the Great City of Miami, Florida next year. South Africa has demonstrated to the World they are not a country worthy of Membership anywhere, and we are going to stop all payments and subsidies to them, effective immediately. Thank you for your attention to this matter!” Trump wrote.

READ MORE: Marjorie Taylor Greene: Christians Helping Resettle Migrants and Refugees Are Controlled by ‘Satan’

Trump’s claims of human rights abuses against Afrikaners has been widely debunked. Trump says that the South African government, in retribution for apartheid-era institutional racism, is punishing the white population of the country. The conspiracy theory alleges that South Africa is engaging in “white genocide” against the Afrikaners, according to NPR.

While Trump is correct that the “fake news media won’t issue a word against this genocide,” it’s because it’s not happening. Even Afrikaners have denied that there is an “existential threat” against them, according to France24.

“We reject the narrative that casts Afrikaners as victims of racial persecution in post-apartheid South Africa. This framing, now being used to support the far-right ‘Great Replacement’ theory in the United States, is not only misleading, but also dangerous. It distorts the realities of South Africa, weaponizes our history, and reduces a complex social context and necessary levelling of playing fields into a simplistic symbol of white decline,” a letter from several prominent Afrikaners reads.

“Let us be clear: South Africa faces serious challenges – crime, inequality, and the enduring legacy of apartheid. But these issues affect South Africans of all races. To cherry-pick white suffering and elevate it above others is dishonest and harmful. It feeds extremist ideologies that perpetuate division and have inspired real-world violence, including mass shootings.”

The letter was signed by 46 Afrikaners in South Africa, including professors, journalists and more. It was sent in response to Trump’s first overture to the conspiracy theory, which was to allow Afrikaners to come to the United States as refugees—all while the number of real refugees the U.S. will accept has been lowered from 125,000 to just 7,500.

Image via Reuters

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CRIME

Trump Sanctions Upheld Over ‘Frivolous’ Lawsuits Against Hillary Clinton, James Comey

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President Donald Trump and his then-lawyer Alina Habba are on the hook for almost $1 million in sanctions.

The 11th Circuit Court of Appeals upheld a court order penalizing Trump and Habba in lawsuits against former Secretary of State Hillary Clinton, former FBI Director James Comey, former head of the Democratic National Committee Debbie Wasserman Schultz, the DNC itself and others.

Trump and Habba filed suit under anti-racketeering laws against 28 total people and organizations in 2022, alleging a conspiracy to collude with Russia in order to tank his 2016 presidential campaign. Though the Steele dossier at the center of the claims has been described as “discredited” by a number of news outlets, Trump and Habba filed the original suit 5 months after the statute of limitations had passed.

READ MORE: ‘That Family Is Basically a Racketeering Enterprise’: Ex-Obama Adviser Blasts Scandals From Trump’s Adult Children

“We do not doubt that, in the light of the Durham Report, President Trump has concerns about some defendants’ conduct during the 2016 election. The investigation by Special Counsel Durham found that some defendants played a role in orchestrating unverified allegations of him colluding with Russia. And it found that key allegations in the Steele Dossier, relied on by the Federal Bureau of Investigation and the press, were never corroborated. Some appeared to be fabricated. The Special Counsel’s investigation found that Bureau officials appeared to favor Clinton and that their investigation decisions reflected that preference. And it found that the Crossfire Hurricane investigation began without ‘any actual evidence of collusion,'” Chief Judge William Pryor Jr. wrote. “Yet, those findings do not cure the deficiencies in Trump’s racketeering claims.”

In addition Pryor wrote that even if Trump had filed suit before the statute of limitations expired, “none of these proceedings are, or even resemble, a racketeering action.”

“At best, they are actions involving some of the conduct that Trump incorporates into his racketeering claim,” Pryor wrote.

There was a minor bit of good news for Trump, however. In one of the four appeals Pryor ruled on, he rejected a request by two appellants, Orbis Limited and Charles Halliday Dolan Jr., for fees and double costs to be levied against the president. Orbis is Christopher Steele’s “private intelligence firm” that produced the Steele dossier, while Dolan was a Clinton campaign operative who provided information used in the dossier.

Pryor found that in this one case, Trump’s appeal to the dismissal of the case made “meritorious arguments.” He remanded that particular case back to the lower court to change its dismissal from “with prejudice”—meaning that the case cannot be filed again—to “without prejudice,” meaning that Trump’s team could fix errors in the original lawsuit and refile.

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Republican Prosecutor Dumps Georgia Trump Election Interference Case

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Peter Skandalakis, the Georgia prosecutor who took over the state’s case against President Donald Trump and 14 other co-defendants alleging interference in the 2020 presidential election, dropped the case on Wednesday. Before taking the case, he spent nearly 25 years as the elected Republican district attorney for the Coweta Judicial Circuit in the state.

Skandalakis took over the case earlier this year when the original prosecutor, Fulton County District Attorney Fani Willis, an elected Democrat, was taken off the case. When she was removed, the case was sent to the Prosecuting Attorneys’ Council of Georgia to decide who would take it over. After no other attorneys wanted the job, Skandalakis, the executive director of the council, assigned it to himself, according to Fortune. The Prosecuting Attorneys’ Council of Georgia is a nonpartisan office.

READ MORE: ‘Scared Like Vampires of Sunlight’: Legal Expert Explains Why Mark Meadows Wants to Move Georgia Trial to Federal Court

“Given the complexity of the legal issues at hand — ranging from constitutional questions and the Supremacy Clause to immunity, jurisdiction, venue, speedy-trial concerns, and access to federal records — and even assuming each of these issues were resolved in the State’s favor, bringing this case before a jury in 2029, 2030, or even 2031 would be nothing short of a remarkable feat,” Skandalakis wrote, alleging pursuing the case “would be both illogical and unduly burdensome and costly for the State and for Fulton County,” according to CNN.

The case hinged on a phone call between Trump and Georgia Secretary of State Brad Raffensperger, a fellow Republican, where Trump asked him to “find” enough votes to win the state. If the case had gone forward, being at the state level, Trump could not grant himself or his co-defendants a pardon if convicted.

Skandalakis cited the similar federal case brought against the president by Jack Smith as evidence the Georgia case would not get far.

“[I]f Special Counsel Jack Smith, with all the resources of the federal government at his disposal, after reviewing the evidence in this case and considering the U.S. Supreme Court’s decision in Trump v. United States, along with the years of litigation such a case would inevitably entail, concluded that prosecution would be fruitless,” Skandalakis wrote, according to the New York Post, “then I too find that, despite the available evidence, pursuing the prosecution of all those involved in State of Georgia v. Donald Trump, et al. on essentially federal grounds would be equally unproductive.”

Smith’s case, and its ultimate dismissal, was controversial. The case was originally to be heard by District Judge Tanya Chutkan, but after Trump’s re-election in 2024, Smith asked her to dismiss the case due to a Department of Justice policy against prosecuting a sitting president, according to ABC News. The case had hit a prior speedbump after the Supreme Court ruled along ideological lines that, as president, Trump would be immune to prosecution for any “official acts” executed as president, but not “unofficial ones.”

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