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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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‘I’m Not Suicidal’: Kari Lake Pushes Hillary Clinton Murder Conspiracy Theory

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Republican U.S. Senate candidate Kari Lake is promoting a conspiracy theory suggesting Hillary Clinton wants to assassinate her. Her remarks came just one day before she lost her attempt to have the Supreme Court review what some have called her conspiracy-theory fueled lawsuit about electronic voting machines.

“Lake, who filed the lawsuit during her failed campaign for governor in 2022, challenged whether the state’s electronic voting machines assured ‘a fair and accurate vote.’ Two lower courts dismissed the suit, finding that Lake and former Republican state lawmaker Mark Finchem had not been harmed in a way that allowed them to sue,” CNN reported Monday.

Also on Monday Law&Crime reported that when she filed her lawsuit, a Dominion Voting Systems spokesperson “rejected Lake’s cybersecurity claim, telling Law&Crime it was ‘implausible and conspiratorial.'”

Democracy Docket, founded by top Democratic elections attorney Marc Elias, called it “the end of the road for a conspiratorial lawsuit,” and Lake and Fincham, “election deniers.”

READ MORE: ‘Old and Tired and Mad’: Trump’s Demeanor in Court Detailed by Rachel Maddow

Lake, a far-right conspiracy theorist who has yet to concede the 2020 election, which she lost to Democrat Katie Hobbs, has a history of pushing exaggerated and baseless claims.

On Sunday, as MeidasTouch Network reported, Lake promoted an old, anti-Clinton conspiracy theory but twisted it to try to make it appear she was in danger from former U.S. Secretary of State and former Democratic presidential nominee Hillary Clinton.

Lake on Newsmax listened to a clip of Secretary Clinton calling Trump’s fondness for Russian President Vladimir Putin a “bromance,” and saying the ex-president is “just gaga over Putin, because Putin does what he would like to do: kill his opposition, imprison his opposition, drive, you know, journalists and others into exile, rule without any check or balance.”

Then Lake promoted a thoroughly debunked conspiracy theory by responding, “Oh, boy. Oh, that’s really rich coming from a woman like Hillary Clinton, who’s, how many of her friends have just like, mysteriously died or committed suicide?”

“I mean, honestly, that’s rich of her. What President Trump wants is to root out the corruption and deliver our government back to We The People and she looks very nervous. She talked about her friend Mark Elias, Mark Elias has meddled in in his and his cohorts have meddled in the elections.”

She called Democratic policies, “destructive, deadly and frankly, in some ways, diabolical,”and added, “it’s almost comical that Hillary Clinton is talking about Trump wanting to kill his opponents.”

READ MORE: ‘Election Interference’ and ‘Corruption’: Experts Explain Trump Prosecution Opening Argument

“I just want to say as I’m as I’m speaking about this topic, I want everyone out there to know that my brakes on my car have recently been checked and they work. I’m not suicidal. And Hillary, I don’t mean any harm to you. Please don’t send your henchmen out to me. We understand what you’re about. ”

Watch below or at this link.

READ MORE: ‘Rally Behind MAGA’: Trump Advocates Courthouse ‘Protests’ Nationwide

 

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‘Old and Tired and Mad’: Trump’s Demeanor in Court Detailed by Rachel Maddow

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MSNBC top host Rachel Maddow, inside Manhattan’s Criminal Courthouse on Monday declared Donald Trump appeared “old and tired and mad,” as she delivered observations about the ex-president on trial for 34 counts of falsification of business records alleged in the alleged pursuit of election interference to protect his 2016 presidential run.

Trump “seems considerably older, and he seems annoyed. Resigned, maybe, angry. he seems like a man who’s miserable to be here,” the award-winning journalist told MSNBC viewers Monday afternoon.

“I’m no body language expert,” she conceded, “and this is just my observation. He seemed old and tired and mad.”

The New York Times’ Susanne Craig, from inside the courthouse Monday morning reported: “Trump is struggling to stay awake. His eyes were closed for a short period. He was jolted awake when Todd Blanche, his lawyer, nudged him while sliding a note in front of him.”

The Biden campaign was only too happy to pick up and report Craig’s observation, adding “feeble.”

Former Obama senior advisor David Axelrod, pointing to his piece at The Atlantic, wrote of Trump: “He has charmed & conned, schemed & marauded his way through life. He was bred that way. But the weariness & vulnerability captured in courtroom images betray a growing sense in Trump that he could wind up as the thing his old man most reviled:
A loser.”

Watch Maddow’s remarks below or at this link.

READ MORE: ‘Election Interference’ and ‘Corruption’: Experts Explain Trump Prosecution Opening Argument

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‘Election Interference’ and ‘Corruption’: Experts Explain Trump Prosecution Opening Argument

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Prosecutors for the State of New York in their opening statement drew a direct line between the October 2016  “Access Hollywood” leaked audio and Donald Trump’s alleged “hush money” payoff to two women, including the adult film actress Stormy Daniels, telling the jury it was “election fraud, pure and simple.”

Legal experts are dissecting the prosecution’s opening argument. Professor of law, MSNBC contributor and former FBI General Counsel Andrew Weissmann summed it up, saying New York District Attorney Alvin Bragg “squarely places the NY criminal trial in the election interference/corruption bucket– exactly what the DC and GA indictments allege, just 4 years later.”

“And the NY alleged ‘cover up’ is reminiscent of the two MAL [Mar-a-Lago] alleged obstruction schemes post-presidency, to keep prosecutors from uncovering evidence of that scheme,” Weissmann added.

Prosecutor Matthew Colangelo late Monday morning in his 45-minute opening argument told jurors, “This case is about criminal conspiracy and a cover up,” according to MSNBC’s Joyce Vance.

READ MORE: ‘Rally Behind MAGA’: Trump Advocates Courthouse ‘Protests’ Nationwide

“The defendant, Donald Trump, orchestrated a criminal scheme to corrupt the 2016 presidential election,” Colangelo told jurors, CNN reports. “Then he covered up that criminal conspiracy by lying in his New York business records over and over and over again.”

“This was a planned, coordinated long-running conspiracy to influence the 2016 election, to help Donald Trump get elected through illegal expenditures,” Colangelo, a former U.S. Department of Justice Acting Associate Attorney General, told jurors.

“Another story about sexual infidelity, especially with a porn star, on the heels of the Access Hollywood tape would have been devastating to his campaign,” Colangelo added. “’So at Trump’s direction, Cohen negotiated the deal to buy Daniels’ story,’ and prevent it from becoming public before the election.”

“It was election fraud, pure and simple.”

Vance, an MSNBC legal analyst, professor of law and former U.S. Attorney, explains: “The scheme the prosecution is outlining is catch & kill to elect Trump-awful but lawful. Trump crossed the line into illegality when he created false business records to conceal his payments to Cohen to cover up the payments to Stormy Daniels.”

READ MORE: Fox News Host Suggests Trump ‘Force’ Court to Throw Him in Jail – by Quoting Him

“It’s always the cover up,” she adds.

Professor of law and former Deputy Assistant Attorney General Harry Litman adds, the prosecution told jurors “a straight election-interference story.”

Colangelo, Litman says, told jurors that Trump’s then personal attorney Micheal Cohen “then discussed the [Stormy] situation with Trump who was adamant he did not want the story to come out. Another story…on the heels of the Access Hollywood tape would have been devastating to his campaign.”

MSNBC legal contributor Katie Phang describes Colangelo’s opening argument, saying he is “working methodically and chronologically through the conspiracy, identifying the main characters and their involvement. He speaks clearly and succintly [sic].”

Trump has been criminally indicted in four separate cases and is facing a total of 88 felony charges, including 34 in his New York criminal trial for alleged falsification of business records to hide payments of hush money to an adult film actress and one other woman, in an alleged effort to suppress their stories and protect his 2016 presidential campaign, which could be deemed election interference.

Watch an MSNBC clip below or at this link.

 

READ MORE: Gaetz: ‘Corrupt’ Republicans Could ‘Take a Bribe’ and Throw House to Dems, Blocking Trump Run

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