Kavanaugh Thinks Presidents Should Unilaterally Declare Statutes Unconstitutional


Dem Senator Amy Klobuchar appeared on Meet The Press yesterday and made a forceful case against Brett Kavanaugh’s confirmation to the U.S. Supreme Court. One of her arguments caught Yours Truly’s attention because it proves Kavanaugh is so radical, that Dem Senators must fight his confirmation tooth and nail. According to Senator Klobuchar, Kavanaugh thinks Presidents should be able to unilaterally declare statutes unconstitutional. This is such a radical and dangerous position, it should be an automatic disqualifier to Kavanaugh’s confirmation.


Senator Klobuchar’s full Meet The Press interview is available here but the relevant clip is below

Think about that folks–Brett Kavanaugh thinks it would be okay if Trump just woke up one day and invalidated say the Voting Rights Act, or the Fair Labor Standards Act(minimum wage laws), or the Clean Air/Water Acts etc. Folks this makes Kavanaugh the quintessential radical jurist.

Bottom line there are already a lot of reasons Dem Senators including those from Red/Trump states should outrightly reject Kavanaugh, but this bombshell from Sen Klobuchar makes his rejection by all Senate Dems an absolute necessity. Simply put no Dem Senator including those from Trump states, should vote to confirm this radical jurist.

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Democrats Poised To Pick Up Congressional Seats In North Carolina

A special panel of three federal district court judges has struck down North Carolina’s congressional map as unconstitutionally gerrymandered with less than three months to the 2018 midterms elections. This means  a new North Carolina congressional map will have to be hastily drawn before the midterms.




Republicans currently hold 10 of the 13 U.S. House seats from North Carolina thanks in large part to the gerrymandered congressional districts which favored the GOP. If a “fair” congressional map is adopted before the 2018 midterms, political pundits expect a net gain in seats for Dems and a loss for Republicans. Simply put, with a fair North Carolina congressional district map, the GOP will not win 10 of the 13 seats.

There is also a chance that this gerrymandering fight might end up in the Roberts Supreme Court which currently has only 8 justices after Kennedy’s retirement. Without a ninth justice to tip the scales, it is highly likely that the Roberts Supreme Court will either punt on this case or be deadlocked(4-4 decision) in which case the decision by the district court would stand–new congressional map for North Carolina.

Bottom line Dems must take advantage of this great opportunity to pick up as many congressional seats in North Carolina as possible. Put another way, Dems must flip NC blue!!

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Dem Senators Heitkamp & Manchin Must Hold The Line On Kavanaugh


Ever since President Trump nominated Brett Kavanaugh for the U.S. Supreme Court, the running narrative among mainstream media types has been that Dem Senators Joe Manchin(WV) and Heidi Heitkamp(ND) who are up for reelection this year, have no otherwise but to vote for Kavanaugh because Trump won decisively in both West Virginia and North Dakota in 2016.

Senators Heidi Heitkamp(D-ND) & Joe Manchin(D-WV)

In other words according to the mainstream media talking heads, it would be political suicide if the two Dem Senators from Trump-popular states opposed Kavanaugh’s nomination.

Recent events however suggest that during his confirmation hearings for the DC Circuit Court of Appeals, Kavanaugh may have lied under oath to Congress–a felony. This is such a serious issue that U.S. Senators need to get to the bottom of before casting their vote for or against Kavanaugh. Senate Republicans are working hard to hide from the public, documents that could prove Kavanaugh lied to Congress. Against this backdrop, Dem Senators Heitkamp and Manchin have a duty not to allow Senate Republicans to ram Kavanaugh through without proper vetting especially as regards to his potential felonious conduct. Simply put, Senators Heitkamp and Manchin must hold the line on Kavanaugh.


There is also such an egregious double standard surrounding what Senate Republicans are trying to do with Kavanaugh compared to what they demanded with Obama’s Supreme Court nominees Sotomayor and Kagan. This tweet by Sen Kamala Harris(D-CA) perfectly illustrates this egregious double standard.


Senators Heitkamp and Manchin should also be sympathetic to pleas by their fellow Senator Patrick Leahy(D-VT) who is desperate to get to the truth about Kavanaugh because it was him that Kavanaugh potentially lied to under oath. Senator Leahy deserves to know the truth about Kavanaugh.


Bottom line if Senators Heitkamp and Manchin vote for Kavanaugh without inquiring as to whether he lied under oath to Congress–a felony–it will be an exercise of extreme cowardice and quite frankly a dereliction of their senatorial duty to properly vet nominees to the highest court in the land. They must hold the line on Kavanaugh.

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Senate Dems Ready To Sue For Kavanaugh Docs


Yours Truly recently did a post on how Senate Judiciary Republicans are trying to ram through Trump’s Supreme Court nominee Brett Kavanaugh while hiding crucial documents about his tenure at the George W Bush White House. Specifically, Republicans are working hard to hide from Senate Democrats, documents that will prove Kavanaugh lied to congress during his confirmation hearings for the DC Circuit Court of Appeals.


Well it appears Senate Democrats are now ready to fight for the documents in court. In a move that will surely thrill grassroots Democrats, Senate Minority leader Chuck Schumer today said Dems are ready to sue the National Archives for Kavanaugh’s full record if the organization does not honor the Dem FOIA request.


Hopefully this is not just a threat to sue by Senate Dems because grassroots Dems expect an all out warfare on Kavanaugh–or as they say in Twitter circles–#KavaNO!!

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Senate Judiciary Republicans Hiding Crucial Kavanaugh Documents


Republican Senators in the Senate Judiciary Committee are apparently blocking efforts by Democrats to get documents about U.S. Supreme Court nominee Brett Kavanaugh during the time he worked for the George W. Bush administration as White House Staff Secretary for 3 years. At issue is whether Kavanaugh lied to Congress about his role in crafting the Bush administrations harsh interrogation techniques(torture) for terrorists.


When Kavanaugh appeared before Congress for his confirmation hearings to the U.S. Court of Appeals for the DC Circuit, he denied playing any advisory role in the crafting of the torture techniques. After he was confirmed to the DC Circuit Court however, evidence emerged suggesting he had indeed advised the Bush administration on the torture procedures. Even more troubling, as a judge on the federal appeals court he heard cases that dealt with the same torture techniques he helped craft but he did not recuse himself, as any credible judge would

Naturally the Democrats in the senate judiciary committee are very interested in documents from the Bush administration that would settle the issue as to whether Kavanaugh lied to congress or not. Lying to congress is after all a felony and if it can be shown that Kavanaugh knowingly engaged in felonious conduct, he should not be confirmed to the U.S. Supreme Court. As a matter of fact if this can be proven, he should never have been confirmed to the federal appeals court in the first place.

It appears the Republicans in the senate judiciary committee have realized that such a revelation–that Kavanaugh lied to congress–could torpedo his confirmation and as expected, have started a shameful stonewalling campaign.

According to the Rachel Maddow Show(clip above), GOP senators in the senate judiciary committee have stonewalled so much, that Dem senators have resorted to seeking Kavanaugh documents using Freedom of Information Act(FOIA) requests. As Maddow correctly points out, U.S. Senators have never been forced to resort to FOIAs in their quest for information. As a matter of fact, senate judiciary Republicans during the confirmation hearings for U.S. Supreme Court Justice Elena Kagan sought and received all documents related to her work under the Obama administration

Bottom line Dems must call out Republicans in the senate judiciary committee for stonewalling on the crucial kavanaugh documents. There is absolutely no excuse for their conduct given the fact that senate judiciary republicans sought and received all documents related to Justice Elena Kagan’s work in the Obama administration

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Senate Dems Already Caving In Supreme Court Fight

In one of the most depressing segments on MSNBC’s AM Joy Show, Yours Truly was saddened, although not surprised, to find out that even before the opening bell in the fight to replace retiring Supreme Court Justice Anthony Kennedy has been rung, Senate Democrats are already throwing in the towel. Absolutely pathetic!

MSNBCs Joy Reid, citing a New York Times article says Senate Dems have apparently decided not to demand that Kennedy’s replacement be made after the midterms but instead are going for a “policy alternative” where they plan to build opposition to Trump’s nominee by highlighting the threat to abortion rights and healthcare. Simply put, Senate Dems have caved.

Interestingly, Joy Reid pointed out that when Republicans feared Hillary Clinton would be elected President, they vowed to block her Supreme Court nominee(s) for 4 years–her entire first term. Think about that folks and then contrast it with our weak Senate Dems who are afraid to stall for 4 months, when the GOP was willing to stall for 4 years. Grassroots Dems have always lamented the perennial weakness of Congressional Dems that has allowed people like Mitch McConnell to walk all over them and this is just the latest example. Yours Truly constantly encounters this Congressional Dem weakness complaint from grassroots Dems and as it turns out, it’s a legitimate gripe after all.

The key legal term that pops up in federal court when one is seeking an injunction is "irreversible harm". Dems have an easy case to make in federal court that once Trump's Supreme Court nominee is confirmed, their harm is irreversible(can't undo it). The court will most likely issue an injunction to let the case play out all the way to the Supreme Court, a process that will most likely last longer than 4 months.


Alternatively, Senate Dems can compell  any Trump nominee to pledge recusal on any issue dealing with TrumpRussia, something they'll either decline or if they accept, Trump would withdraw their nomination (remember Jeff Sessions). If Trump's nominee refuses to commit to recusal that gives Senate Dems a perfect excuse to stall because the conflicts of interest here are real and easily explainable to voters. The fight over TrumpRussia recusal if well played by Senate Dems could last more than 4 months. In addition to that, Senate Dems will look good in voters eyes because they will not be stalling for stalling sake, but will be seen as fighting for the integrity of the Supreme Court(removing Trump's conflicts of interest)

There are many other stalling tactics Senate Dems could employ. The only question is whether they have the guts to do  so. Bottomline Senate Dems need to get the message from grassroots Dems very clearly--If you don't put up a fight over Justice Kennedy's Supreme Court replacement, don't even bother about midterms 2018, do everybody a favor and just quit today!

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Trump, The Subject Of Mueller Probe Cannot Nominate A SCOTUS Justice. Can He?


Dem Senator Corey Booker is advancing a novel legal theory(#BookerTheory), a brilliant one as far as Yours Truly is concerned, arguing that because Trump is the subject of an ongoing criminal investigation (TrumpRussia), his nomination of a Supreme Court Justice to replace retiring Justice Kennedy creates an unacceptable conflict of interest. Senator Booker made the argument when he appeared on MSNBC’s Rachel Maddow Show.


According to Senator Booker, this is unacceptable because it boils down to Trump appointing a Supreme Court Justice for the specific purpose of helping him with the TrumpRussia investigation. There’s a very realistic chance that at some point, TeamTrump will challenge an aspect of Mueller probe in federal court, especially a subpoena for his testimony. Such a challenge would most likely end up in the Supreme Court to be adjudicated by Trump’s Supreme Court pick. Senator Booker’s argument is that this creates an unacceptable conflict of interest that may further tarnish the image of the Roberts Supreme Court.

It’s also worth pointing out that no previous U.S. President has nominated a Supreme Court justice while under criminal investigation. This is probably the strongest argument in the #BookerTheory because simply put, we’ve never been here before. The founding fathers never envisioned that someone engaged in or suspected of criminal conduct would ever rise to be President.

The fact that we are in unchartered waters means there is no Supreme Court precedent establishing Trump’s ability to nominate a Supreme Court justice under these circumstances but more importantly, creates a fertile ground for a legal challenge testing Senator Booker’s novel legal theory.

While Dems are engaged in an all out warfare with Republicans over whether Trump’s Supreme Court nominee should be seated before or after the midterms, maybe they should step aside and give serious consideration to the #BookerTheory–whether the ongoing Mueller probe precludes Trump from making the said Supreme Court nomination in the first place. Brace yourselves folks it’s Bush v Gore all over again.

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Appearance Of Impropriety Surrounding Justice Kennedy-Trump Relationship


Americans increasingly consider the Roberts Supreme Court more of a political body than a court of law–a troubling trend. Even more troubling is this New York Times piece that  says the Trump Administration conducted a “quiet campaign” to  effect Justice Kennedy’s retirement before Midterms 2018.  The New York Times piece, partly written by Maggie Haberman was quick to add; “There were no direct efforts to pressure or lobby Justice Kennedy to announce his resignation on Wednesday, and it was hardly the first time a president had done his best to create a court opening.”


Given the norm-breaking habit  of the Trump Administration, many people including Yours Truly will take issue with this conclusory assertion by Haberman that “there were no direct efforts” to pressure Justice Kennedy into retirement before the Midterms. Dems should not treat Haberman’s conclusory assertion as Biblical truth, but instead keep inquiring into the circumstances surrounding Justice Kennedy’s seemingly strategic departure from the High Court. Any reasonable person would conclude that Justice Kennedy’s departure right before the midterm elections signals a political motivation–one highly beneficial to Trump and his GOP.

In addition to that, the Financial Times reported in 2017 that Justice Kennedy’s son was Trump’s most trusted banker at Deutsche Bank, which gave Trump loans when no U.S. bank was willing to. Deutsche Bank has also been linked to Russian money laundering and is one of the banks Special Counsel Robert Mueller is looking into in the TrumpRussia investigation. How the son of a U.S. Supreme Court Justice gets caught up in the affairs of Deutsche Bank involving Trump should be a question of the utmost importance for Dems. And Dems don’t have to take Yours Truly’s word for it,  just check out this excellent thread by Amy Siskind regarding this issue.

Bottomline Dems must demand answers from retiring Justice Kennedy and indeed Chief Justice Roberts about whether he coordinated his exit with the Trump Adninistration and secondly the extent of his son's dealings with Trump while he was at Deutsche Bank and thereafter. Justice Kennedy's son's dealings with Trump raise genuine conflict of interest questions or at the very least create an appearance of impropriety. People's faith in the U.S. Supreme Court as an independent court of law is waning and stories like these only add to the mistrust. Dems must raise all these lingering questions as they fight for the U.S. Supreme Court.

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You may reach the author via email at author@grassrootsdempolitics.com or author@emolumentsclause.com

The Dangerous Koch Brothers Out To Buy Supreme Court Seat


Moments after Yours Truly urged Democrats to confront the unjust Roberts Supreme Court over its pattern of horrendous decisions that favor the GOP but wreck havoc on the rest of the nation, we got the bombshell news that Supreme Court Justice Anthony Kennedy is retiring on July 1.


Moments later we got word that the dangerous Koch Brothers plan to spend “seven figures” to get Trump to nominate who they(Kochs) think should be on the Supreme Court.


Bottomline Dems must not only start speaking out against the unjust Roberts Supreme Court, they must also point to instances like these where the Koch Brothers are trying to buy a Supreme Court seat as reasons why the horrendous Citizens United decision needs to be reversed

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The Unjust Roberts Supreme Court

The U.S. Supreme Court deals with a wide range of issues affecting the daily lives of Americans. Because the issues the court deals with are so many and  so diverse, it is impossible/unfair to paint the courts decisions with a broad brush. However when it comes to politics, especially as it relates to GOP vs Democratic Party issues, the Roberts Supreme Court has established itself as a reliable GOP ally making horrendous decisions that favor the GOP

One such horrendous decision was Citizens United, where the court allowed the unlimited flow of dark/anonymous money into political campaigns. No reasonable person can ever conclude that the Roberts Supreme Court did not envision the disastrous effect unlimited dark/anonymous money would have on U.S. politics. Reasonable people will conclude that the Roberts Supreme Court knew their decision in Citizens United would likely lead to a spike in political corruption (pay for play) but went along with it anyway because it favored the GOP. The disastrous effects of Citizens United on U.S. politics continue to be felt to this day especially by poor voters who feel their representatives only cater for their rich mega donors

Then this week the Roberts Supreme Court made yet another horrendous decision which any reasonable person knows or should know will lead to the political disenfranchisement of millions of minority voters but like Citizens United, favors the GOP. The Roberts Supreme Court struck down lower court decisions that had found Texas Congressional Districts unconstitutionally gerrymandered(racially). There is no question that this will embolden Texas and other GOP-controlled states to gerrymander congressional districts even further.

As if this is not enough, the Roberts Supreme Court also upheld Ohio's policy of purging voters that a lower court found unconstitutional--targeted minority voters. This again is a horrendous decision by the Roberts Supreme Court which any reasonable person knows or should know will lead to even further purging of minority voters in Ohio and other states. The Ohio decision fits the pattern--it is yet another horrendous decision by the Roberts Supreme Court, whose disastrous effects are easily predictable, but the court upheld because it favors the GOP.

Bottom line it is time for Dems to come out of the wood works and start speaking boldly about the troubling trend being set by the Roberts Supreme Court as regards the GOP.  As Yours Truly stated earlier, the Roberts Supreme Court has essentially become a trusted wing of the GOP. From sanctioning unlimited flow of money into politics through Citizens United, sanctioning racially-based gerrymandering, to now sanctioning voter purging, Dems have no otherwise but to start speaking out against these horendous decisions.

So you ask, "but @Emolclause how are Dems supposed to speak out against the Roberts Supreme Court? Won't that look bad?" Well, Dems need to do what has worked for them for decades--peaceful protests. Peaceful protests outside the Roberts Supreme Court like the one done yesterday after the court upheld Trump's Muslim ban must become more common.

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