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‘Crisis’: Expert Calls SCOTUS ‘Illegitimate’ and Warns Its ‘Judicial Terrorists’ Are a ‘Threat to Democracy’

US Supreme Court, Washington DC

Well-known political expert, author, journalist, and CEO David Rothkopf is blasting conservatives on the U.S. Supreme Court after their disastrous rulings last week, warning the Court is now a “threat to democracy” and suggesting some justices should be “considered” for impeachment.

Rothkopf, also a national security and foreign policy commentator, is a columnist for The Daily Beast and the author at least seven books, including American Resistance.

“Watching debates about Supreme Court here and elsewhere is the latest study in GOP efforts to normalize the unconscionable, the corrupt, and the contra-constitutional. This is a court in which a majority of those on the right took their seats under questionable circumstances,” Rothkopf said at the start of a lengthy thread on Twitter.

“Of them, a cloud of corruption hangs over Thomas & Alito. Kavanaugh took [his] seat despite allegations against him that were not properly investigated. Questions surround his payoff of personal debts. Gorsuch’s ascension is also clouded by questions surrounding Kennedy’s departure,” he says.

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Justice Clarence Thomas has been under fire for months over his relationship with billionaire GOP donor and businessman Harlan Crow, who reportedly has had business before the high court. The far-right wing justice and his wife, Ginni Thomas, (who has been accused of working to undermine the 2020 presidential election results,) may have received gifts totaling over $1 million in luxury vacations, travel, food, lodging, and clothing. Experts say Thomas was required to disclose portions of those gifts and that he did not.

Justice Samuel Alito is also the beneficiary of luxury travel, including a fishing trip to Alaska courtesy of another billionaire, and a trip to Rome during which he delivered a highly-criticized speech just days after delivering his opinion striking down Roe v. Wade. That trip was reportedly paid for by a religious liberty organization whose leader reportedly bought Justice Amy Coney Barrett’s Indiana home.

Indeed, Rothkopf also skewers Justice Barrett, or at least her confirmation.

“Barrett received her seat in a rush to judgment that was unlike any we have ever seen and completely contrary to the way the GOP Senate treated prior Dem nominees (Garland). In the time since the majority took over, they have cast aside one core principle after another,” he observes.

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“Stare decisis went out the window. (Precedents were ignored without any sound justification.) Promises to honor past decisions as established law (like Roe) proved worthless. Past claims that the right valued originalism and condemned judicial activism were wholly ignored,” Rothkopf charges.

“When precedent went against them, absurd arguments drawing on ancient and irrelevant legal decisions were used to supersede the clear intent of the framers and decades, sometimes centuries of legal precedent.”

Last week, he says, we saw “a decision on affirmative action that ignored precedent, reality, and justice and contained, in its carve-out for military academies, a sub-decision that refuted the logic of the main opinion. In the case of reversing the Biden student loan decision,” Rothkopf writes, “a brand new doctrine was presented out of whole cloth. The decision regarding the ‘right’ of a website designer to refuse to do work for a ‘gay’ couple was based on both a lie and a hypothetical, should never have been taken on as a case and was grossly wrong on the law,” he adds.

Rothkopf appears to believe the conservative justices will not stop.

“These judges are acting with impunity because they believe a GOP controlled Senate will never challenge them and that a fundamental flaw in the way the Constitution grants power to underpopulated states assures that the document that was created to evolve never will,” he writes.

And he suggests some of the Supreme Court’s justices might need to be impeached.

“They also know that Senate rules essentially mean they can act with impunity despite their wholesale corruption and the fact that several of them should, in all likelihood, be seriously considered for impeachment.”

READ MORE: Sotomayor Slams ‘Embarrassing’ SCOTUS Anti-LGBTQ Decision That Marks ‘Gays and Lesbians for Second-Class Status’

Pointing to Washington Post columnist Jennifer Rubin, he adds: “This is, as [she] has said a constitutional crisis. This is an illegitimate, rogue institution that is seeking to reverse decades of progress and impose the will of a white, wealthy, Christian, male, straight minority on the majority of Americans.”

“This is a moment that calls for action on the part of Democrats in power to use their ability to call Senate hearings and to challenge this extremist cluster of judicial terrorists wherever possible. But more than that, it demands absolutely clarity from the voting public,” he says.

Rothkopf warns conservatives in the Court are poised to do even more damage to democracy and the American people.

“Unless Democrats win the presidency, hold and increase their majority in the Senate and retake the House, this tiny band of malevolent and dangerous actors will gut many of the most important provisions of the past century and a half of American law.”

“They will destroy lives and put millions of others at risk. Next year’s election must be in part, about this threat to democracy even as it is also about the threat posed by GOP presidential candidates. Stop. Consider the consequences.”

He warns minority Americans will continue to see their civil rights “stripped” away.

“Consider the basic rights that will be stripped away from women, people of color, our LGBTQ brothers and sisters, voters, and all who believe in the ideals that have guided American leaders as we have struggled to perfect our nation,” he says. “The only people who can save us are you and your fellow voters. The only way to do so is to mobilize, be active, donate to candidates and remain committed to defending our country against the threat posed by the MAGA GOP in our legislature and our judiciary. Starting right now.”

Image: Adam Parent/Shutterstock

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