Friday Reads: SCOTUS Runs Amok, Congress Vacations, and the Trump Mob got the Blues

Happy Friday!

We’re closing in on Independence Day!  I’m sure the six signers of the Declaration of Independence that led to me being here sure wouldn’t be happy with the mess we’re in today. None of the nation’s three branches of government is fairing well in today’s polls either.  A new Emerson Poll is out and Americans are clearly not happy or trustful of any of the branches.

The latest Emerson College Polling national survey of US voters finds a majority disapprove of President Biden, Congress, and the Supreme Court. Biden has a 40% job approval, while 53% disapprove of the job he is doing as president. Since last month, Biden’s approval has increased two points. The US Congress has a 19% job approval, while 70% disapprove of the job they are doing. The Supreme Court has a 36% job approval; 54% disapprove.

Spencer Kimball, Executive Director of Emerson College Polling said, “Independent voters align more with Democrats on Supreme Court approval: 71% of Democrats and 58% of Independents disapprove of the job that the Supreme Court is doing whereas a majority, 56%, of Republicans approve of the job they are doing.”

In the 2022 November Midterm Elections, 46% of voters plan to vote for the Republican congressional candidate on the ballot while 43% plan to support the Democratic congressional candidate. This congressional ballot test has remained relatively stagnant since last month’s national poll, where Republicans also led by three points on the congressional ballot, 45% to 42%.

Looking at 2024, 64% of Democratic primary or caucus voters think President Biden should be the Democratic nominee for president, while 36% think he should not be. In the 2024 Republican Primary, 55% of voters would support former President Trump, 20% Florida Governor Ron DeSantis, and 9% former Vice President Mike Pence. No other potential GOP candidate clears 5%.

In a hypothetical 2024 Presidential Election matchup between President Biden and former President Trump, Trump holds 44% support while Biden has 39% support; 12% would vote for someone else and 5% are undecided. “Since last month, Trump has held his share of support while Biden’s support has reduced four points.”

The Trump family crime syndicate certainly is a cult.  Let’s hope we don’t get a repeat where the left just boycotts our democracy because they can’t get their way.  The desire to see Roe as national law is strong everywhere but in the White Christian Nationalist party.

Following the Supreme Court decision to overturn its 1973 Roe v. Wade ruling, which leaves abortion legality up to the states, 59% of voters think that Congress should pass a law legalizing the right to abortion. Among women, support for the legislation is higher: 62% think Congress should pass a law legalizing the right to abortion compared to 55% of men.

“While a majority, 65%, of Republicans oppose Congress passing a law to legalize the right to abortion, the policy has majority support among Democrats and Independent voters, 81% of Democratic voters and 58% of Independent voters support federal legislative action to legalize abortion,” Kimball said.

Congressional legalization of the right to abortion has the highest support among 18-29 year olds: 76% support a federal legalization of abortion, compared to 59% of 30-49 year olds, 50% of 50-64 year olds, and 56% of those over 65.

A majority, 57%, say that they or someone that they’ve known have had an abortion. Among those who have had or know someone who has had an abortion, 62% think Congress should pass a law legalizing the right to abortion.

There are also some numbers on the impact of the public hearings held by the January 6th committee.

The January 6th hearings have had a split impact on voters’ intention to vote for Donald Trump in 2024 if he were to run: 35% say it makes them less likely, 32% say it makes them more likely, 28% say it makes no difference.

Kimball noted, “Half of Republicans say they are more likely to vote for Trump following the January 6th hearings, while a plurality, 38%, of Independents say they are less likely to support Trump if he runs in 2024. More specifically, among those who voted for Trump in 2020,  nine percent say they are less likely to vote for him again in 2024 after the hearings.”

Kimball continued, “The January 6th hearings reflect an educational divide, regarding their impact on Trump support: those with a college degree or less are about 33% less likely to vote for Trump because of the hearings, whereas 51% of those with a postgraduate degree are less likely to support Trump because of the hearings.”

Yes, Trump loves him some undereducated people.  There are also some numbers on the economy–which is labeled the most important issue by the majority of voters–and gun regulation.

In other polling news,  Reproductive and Women’s rights are moving quickly up the priority scale. It’s hard to see that we will get anything done without some new blood in the senate.

A new poll finds a growing percentage of Americans calling out abortion or women’s rights as priorities for the government in the wake of the Supreme Court’s decision to overturn Roe v. Wade, especially among Democrats and those who support abortion access.

With midterm elections looming, President Joe Biden and Democrats will seek to capitalize on that shift.

House Speaker Nancy Pelosi said in remarks immediately after the decision that “reproductive freedom is on the ballot in November.” But with pervasive pessimism and a myriad of crises facing the nation, it’s not clear whether the ruling will break through to motivate those voters — or just disappoint them.

Everyone is still reeling from the number of extremely radical opinions forced on us by a group of White Nationalist Christians on the Supreme Court.

Well, that’s a nice statement. Now, DO SOMETHING!

From Hayes Brown writing at MSNBC: “Congress has let the Supreme Court run amok. The founders would be baffled by a judiciary that Congress can’t — or won’t — balance.”

The Supreme Court ended its term Thursday having produced a string of decisions that with casual brutality threatened Americans’ privacy, health and well-being. Democrats, in the face of this assault on the rights and privileges of their constituents, haven’t responded with the necessary anger or urgency.

The framers intended Congress to be the most powerful of the three branches of government, consisting of representatives of the people and the states. The executive was to be feared and constrained; the judiciary was, in comparison, an afterthought mostly left to future Congresses to craft. In drafting the Federalist Papers, Alexander Hamilton considered the courts the “least dangerous to the political rights of the Constitution.”

What we’ve seen this term is a court determined to prove Hamilton wrong. While Congress has the ability to curtail the authority that the unbalanced, undemocratic courts have accumulated, there seems to be almost no drive among Democrats to even challenge the third branch.

Let me clarify that I do not propose invalidating the principle of judicial review, whereby the courts have the authority to block and overturn legislative and executive actions. The Supreme Court’s function as arbiter of the Constitution is an important and needed one, given the possible abuses from the other branches.

It’s a power that is more easily used to strike down than to build. As Vox’s Ian Milhiser has noted, while the court can’t establish an agency to protect the rights of citizens, it can absolutely erase one out of existence.

Here’s some historical reference from Ian Milhiser at Vox: “The case against the Supreme Court of the United States. The Court was the midwife of Jim Crow, the right hand of union busters, the dead hand of the Confederacy, and now is one of the chief architects of America’s democratic decline.”

Meanwhile, the Supreme Court’s public approval ratings are in free fall. A Gallup poll taken in June before the Court’s decision in Dobbs found that only 25 percent of respondents have “a great deal” or “quite a lot” of confidence in the Court, a historic low. And that’s after nearly a year’s worth of polls showing the Court’s approval in steady decline.

To thisI say, “good.” The Dobbs decision is the culmination of a decades-long effort by Republicans to capture the Supreme Court and use it, not just to undercut abortion rights but also to implement an unpopular agenda they cannot implement through the democratic process.

And the Court’s Republican majority hasn’t simply handed the Republican Party substantive policy victories. It is systematically dismantling voting rights protections that make it possible for every voter to have an equal voice, and for every political party to compete fairly for control of the United States government. Alito, the author of the opinion overturning Roe, is also the author of two important decisions dismantling much of the Voting Rights Act.

This behavior is consistent with the history of an institution that once blessed slavery and described Black people as “beings of an inferior order.” It is consistent with the Court’s history of union-busting, of supporting racial segregation, and of upholding concentration camps.

Moreover, while the present Court is unusually conservative, the judiciary as an institution has an inherent conservative bias. Courts have a great deal of power to strike down programs created by elected officials, but little ability to build such programs from the ground up. Thus, when an anti-governmental political movement controls the judiciary, it will likely be able to exploit that control to great effect. But when a more left-leaning movement controls the courts, it is likely to find judicial power to be an ineffective tool.

The Court, in other words, simply does not deserve the reverence it still enjoys in much of American society, and especially from the legal profession. For nearly all of its history, it’s been a reactionary institution, a political one that serves the interests of the already powerful at the expense of the most vulnerable. And it currently appears to be reverting to that historic mean.

WASHINGTON, DC – JUNE 30: In this handout provided by the Supreme Court, Chief Justice John G. Roberts, Jr. (R) looks on as Justice Ketanji Brown Jackson signs the Oaths of Office in the Justices’ Conference Room at the Supreme Court on June 30, 2022 in Washington, DC. Jackson was sworn in as the newest Supreme Court Justice today, replacing the now-retired Justice Stephen G. Breyer. (Photo by Fred Schilling/Collection of the Supreme Court of the United States via Getty Images)

Newly sworn-in Justice Ketanji Brown-Jackson is going to join the normal group of women on the court and will have her job cut out for her!

President Joe Biden in a written statement praised Judge Ketanji Brown Jackson’s historic swearing in as the first Black female Justice of the Supreme Court, calling it a “profound step forward.”

“Her historic swearing in today represents a profound step forward for our nation, for all the young, Black girls who now see themselves reflected on our highest court, and for all of us as Americans,” Biden said in the written statement. 

Biden also thanked retiring Justice Stephen Breyer for “his many years of exemplary service.”

Here are some links to news on the latest January 6th Committee’s findings.

From Politico: New details of Jan. 6 panel’s mystery messages emerge

“[A person] let me know you have your deposition tomorrow,” read a slide that the Jan. 6 committee broadcast at the end of Hutchinson’s hearing, which Vice Chair Liz Cheney (R-Wyo.) characterized as pressure on a key witness. “He wants me to let you know that he’s thinking about you. He knows you’re loyal, and you’re going to do the right thing when you go in for your deposition.”

Meadows is the person whose name was redacted in that slide. Contents of that final deposition were described to POLITICO, which could not independently corroborate the identity of the intermediary or that Meadows directed any message be delivered to Hutchinson before her second deposition.

From David Rothkopf  of The Daily Beast:  Put a Fork in Donald Trump—the Ex-President Is Done

Mark it on your calendars. This was the week the meteoric political career of Donald Trump did what meteors often do and collided with planet Earth, leaving a large, ugly mark on the landscape.

The fact that Trump may soon announce his candidacy for the presidency in the days ahead is itself more of a sign of his political collapse than it is of any strength he may have. The first time he ran for president, he did it because he thought it would boost his brand. This time he is likely to do it because he thinks it may make him more difficult to prosecute. And because he can use it to mount one last big attempt to fleece his supporters.

From the Washington Post: ‘Take me up to the Capitol now’: How close Trump came to joining rioters

The excursion that almost happened came into clearer focus this week, as the House committee investigating the attack on the Capitol on Jan. 6, 2021 presented explosive testimony and records detailing Trump’s fervent demands to lead his supporters mobbing the seat of government. Though Trump’s trip was ultimately thwarted by his own security officers, the new evidence cuts closer to the critical question of what he knew about the violence in store for that day.

Trump has acknowledged his foiled effort to reach the Capitol. “Secret Service wouldn’t let me,” he told The Washington Post in April. “I wanted to go. I wanted to go so badly. Secret Service says you can’t go. I would have gone there in a minute.”

But as Trump repeatedly floated the idea in the weeks leading up to Jan. 6, several of his advisers doubted he meant it or didn’t take the suggestion seriously. One senior administration official said Trump raised the prospect repeatedly but in a “joking manner.”

As a result, the White House staff never turned Trump’s stated desires into concrete plans. Press officers made no preparations for a detour to the Capitol, such as scheduling an additional stop for the motorcade and the pool of reporters who follow the president’s movements. There was no operational advance plan drafted for the visit. No speech was written for him to deliver on the Hill, and it wasn’t clear exactly what Trump would do when he got there, said the person who talked with Trump about the idea.

From MediaIte’s Colby Hall: “Rudy Giuliani Deletes Tweet Insisting Cassidy Hutchinson Was Not Present When He Asked for a Pardon.”  Giuliani has to be so close to jail that he can smell the jello.

Flagged by Ron Flipowski, who noted “She wasn’t there when I asked Trump for a pardon. But I never asked for a pardon. Only Rudy.”

He deleted the apparently self-incriminating Tweet and clarified that he never asked for a pardon …

So, that’s enough of the chaos for today.  I’m just dreaming of BBQ chicken, potato salad, and a really big piece of my mother’s chocolate cake.

Have a nice long weekend!

What’s on your reading and blogging list today?