Category Archives: The Law

Buh Bye, Y’all.

Seventeen states have joined the State of Texas to petition the United States Supreme Court to delay the certification of the results in Pennsylvania, Wisconsin, Michigan, and Georgia, arguing that alleged issues with the votes need to be investigated. While alleging fraud, the lawsuit offers no evidence that fraud has occurred. Instead, they argue that new methods of voting (all of which were approved by State Legislatures) could have resulted in fraud arguing, “The constitutional issue is not whether voters committed fraud but whether state officials violated the law by systematically loosening the measures for ballot integrity so that fraud becomes undetectable.”

What’s disturbing about this lawsuit’s theory of the case is that mail-in voting has been in use for decades, and these alleged “vulnerable” methods of voting have only been expanded in use, not changed in how they’re implemented and exercised.

This is really the height of frivolity and, in my opinion, every one of these Attorneys General should be investigated by their state bar. This is a naked attempt to disenfranchise millions of voters, most of whom are persons of color, aka Democrats. The four states they’re targeting are Michigan, Wisconsin, Pennsylvania, and Georgia. Many have pointed out, and I will as well, they aren’t alleging the same issues in states where Trump won, even though the situation in those states is similar to that of the four targeted states.

I’m not sure if the decision is expected today, though the Electoral College convenes on Monday to officially cast their votes and that will further cement the Biden/Harris victory. I believe the Court will want to render their decision prior to that happening. We’ll see. I’ve been consumed by fixing a health insurance problem I have for my kids, and a bunch of recipes I have to help my 17-year-old shop for and cook/bake, so haven’t been paying attention quite as closely as I normally would. I do expect it will be thrown out. What we don’t know is whether or not the justices will take the opportunity to teach these idiots a lesson in constitutional law. That would be a hoot.


Justice Matters – 12/05/20

Here’s another episode of Glenn Kirschner’s informative vlog on the state of our justice system. While I’m not quite as sanguine about how the system is holding up against the assault of Trump and his Zombpublicans, it is heartening to look at how thoroughly the Trump/Giuliani efforts to overturn the election in the courts have been rebuffed.

The concurring opinion Glenn reads and discusses in this episode is, as he points out, especially powerful because the Judge who wrote it was President of his law school’s Federalist Society chapter and comes from a tradition of conservatism. After reading a little about him, and based on the quality of argument in his dissent Glenn discusses here, I’m of the opinion he is more closely allied with the never-Trump wing of conservatism.

In case you’re interested in the actual opinion, I have embedded the official .pdf file issued by the Wisconsin Supreme Court, which contains Justice Hagedorn’s consenting opinion. I think it’s worth noting this was a 4-3 decision. I find it a bit frightening there were three justices that though this case had merit. We’re nowhere near out of the woods. Then again, in most respects most of us have never actually been out of the woods given the true nature of our nation’s government and history.


A Little Lawyer Talk

Most people likely have no idea who John Flannery is, even though he’s a fairly well-known, former Federal Prosecutor. I know him from his frequent appearances on The Beat With Ari Melber. Ari is fond of pointing out that John is a bit of a doppelganger for Robert Redford. If you’re interested, here’s his biography at the firm of Campbell Flannery, where he is a senior partner.

John likes to take walks in the morning and record his thoughts about current events, with his primary focus on politics and the law. This is a short video where he discusses Trump’s attempt to hold on to power, as well as the progress of the pandemic we’re suffering from. I think John’s insights are invaluable and quite interesting. Three minutes and fifty-nine seconds of usefulness. Take a listen.


Removing The Toddler-in-Chief

I just have to share this interesting, evocative piece of art. I’m really looking forward to the day I can (we all can) essentially forget this asshole ever existed.

I know we’ll still have the RepubliKKKlan Party to deal with, but I’m pretty worn out having him clutter the media landscape so thoroughly.


Useful Advice

I have now received a link to this video from several different sources and I think it’s a valuable resource for any American concerned about the continued viability of our government. I don’t believe it’s crazy to be prepared for the worst, because it’s been made pretty clear over the past four years that nothing is sacred to the “most powerful man in the world.”

The video I had linked to (below) has apparently been removed and is no longer available. Fortunately, I found a website that contains the very information that was in the video, which can be accessed here.

!BE PREPARED!

The reality is, he may be powerful (he does have the weight of the federal government, including the military, on his side . . . theoretically) but the true power of any nation resides in its people. Without the consent of the governed, especially the way we’re organized politically, economically, and socially, keeping things running would be near impossible.

There is one more thing that’s necessary for the people to be able to control their own destiny, and that’s organization. Without being organized, connected, and communicating we won’t be able to assert our authority, our will over the powers-that-be.

With that in mind, I’m sharing the video above. If you haven’t the time to watch (it’s 7:02) below is a list of those ten things you need to know to stop a coup. Watch the video for a little more detail. One more thing, you can learn more at https://tallyrally.org/allourvotes/.

  1. Don’t expect results on election night
  2. Do call it a coup
  3. Regular citizens stop coups
  4. Act quickly—and not alone
  5. Focus on widely shared democratic values, not on individuals
  6. Convince others not to freeze or just go along
  7. Commit to actions that represent rule of law, stability, and non-violence
  8. YES! A coup can happen in the United States
  9. Center in calm, not fear
  10. Prepare to deter a coup before the election


Justice Matters – 10/19/20

Here’s another one of Glenn Kirschner’s wonderful YouTube videos on the state of our Justice system and, especially, the legal machinations of Donald Trump and his lawless administration.

This is a particularly good explanation of why Glenn believes the Supreme Court will finally bring an end to Trump’s attempts to hide his tax returns from the American people. If you aren’t familiar with how the courts work and, especially, what the real role is of the highest court in the land, Glenn does a pretty good job of explaining it.

PS – As of today, there are 13 days left until Election Day. If you haven’t yet voted, please have a plan and . . . git ‘er done!!


Originalism is Bullshit!

The Founders … Founding.

Amy Coney Barrett considers herself a “Constitutional Originalist.” What, exactly, does that mean? According to Merriam-Webster, it is “a legal philosophy that the words in documents and especially the U.S. Constitution should be interpreted as they were understood at the time they were written.” (https://www.merriam-webster.com/dictionary/originalism)

Think about what that means. If we are to interpret the Constitution based on the realities of the day in the late 18th century, then shouldn’t the only people allowed to vote in national elections be white, property-owning men? What do we make of the 3/5 clause of Article I, Section 2 of the Constitution and how do we reconcile the 14th Amendment (passed in 1868) with the “original” intent of said Article?

In my less than humble opinion, this concept of originalism is as flawed as belief in the Bible being the infallible word of God. Both require one NOT believe in evolution; I don’t here mean biological evolution (which many Bible believers don’t recognize as real) but the natural evolution of society and its economic, political, and general attitudes toward what’s good and just for a people. Our laws, our habits, our customs, our culture, even our morals change over time; sometimes imperceptibly and others rapidly and definitively.

When the Constitution was written, the framers included (Article V) the ability to amend it and, in fact, the first ten amendments—the Bill of Rights—were needed to ensure adoption of the nascent Constitution by some of the States who wanted more guarantees of freedom from unnecessary restrictions on the States and individuals.

Inasmuch as there is a method by which the Constitution can and, in fact, has been amended how can a logical argument be sustained that it must be interpreted in light of the reality of nearly two hundred fifty years ago? This makes absolutely no sense. Two hundred fifty years ago virtually none of the structures, organizations, and technologies we currently enjoy existed. How do we interpret their use and ownership if they weren’t around when the document was written?

Originalism is a sham argument and should be completely ignored. Any jurist taking such a position is, IMLTHO, an intellectually dishonest poseur and should be ignored . . . if not ridiculed. This includes Amy Coney Barrett who, if she had any integrity at all, would not allow this raw power grab and farce of a nomination process to continue.


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