Lazy Caturday Reads: Mostly SCOTUS Stuff

Willow, the Biden family’s new pet cat at the White House on Wednesday, Jan. 27, 2022. The Washington Monument can be seen in the distance. (Erin Scott/The White House, AP)

Good Afternoon!!

Joe Biden wasn’t my first choice for the Democratic nomination in 2020; in fact, I didn’t want him to run at all. But I was wrong. He has been a good president so far, and his deep foreign policy knowledge and experience have been showcased during the Ukraine crisis. This morning Biden was in Poland meeting with U.S. troops at the Ukraine border. It appears he’s a hit as commander-in-chief.

Yesterday the majority of the Supreme Court acknowledged that Biden is in fact commander-in-chief of the U.S. armed forces, but Alito, Gorsuch, and Thomas disagreed. Ian Millhiser at Vox: The Supreme Court rules that Joe Biden is commander-in-chief. Three justices dissent.

The Supreme Court on Friday evening decided, no, it was not going to needlessly insert itself in the military chain of command above President Joe Biden.

The Court’s decision in Austin v. U.S. Navy SEALs 1-26 largely halted a lower court order that permitted certain sailors to defy a direct order. A group of Navy special operations personnel sought an exemption from the Pentagon’s requirement that all active duty service members get vaccinated against Covid-19, claiming that they should receive a religious exemption.

A majority of the Court effectively ruled that, yes, in fact, troops do have to follow orders, including an order to take a vaccine.

The decision is undeniably a win for the balance of power between the executive branch and the judiciary that has prevailed for many decades. But the fact that the Court had to weigh in on this at all — not to mention that three justices, Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch, dissented from the majority — is a worrisome sign about America’s judiciary.

Brett Kavanagh explained why he sided with the majority:

…laying out why the lower court erred, this court “in effect inserted itself into the Navy’s chain of command, overriding military commanders’ professional military judgments.” Had the Court ruled the other way in SEALs, it would have effectively placed itself at the apex of the military’s chain of command, displacing Biden as commander-in-chief.

Henry (dog) and traveling companion Baloo, by Cynthia Bennett

But as Kavanaugh correctly notes in his concurring opinion, there is a long line of Supreme Court precedents establishing that courts should be exceedingly reluctant to interfere with military affairs.

In Gilligan v. Morgan (1973), for example, the Court held that “the complex, subtle, and professional decisions as to the composition, training, equipping, and control of a military force are essentially professional military judgments,” and that “it is difficult to conceive of an area of governmental activity in which the courts have less competence.”

Nevertheless, Judge Reed O’Connor, a notoriously partisan judge in Texas who is best known for a failed effort to repeal the Affordable Care Act, ruled in favor of the service members who refused to follow a direct order. And the conservative United States Court of Appeals for the Fifth Circuit refused the Navy’s request to stay key parts of O’Connor’s order.

That left the responsibility of restoring the military’s proper chain of command to the Supreme Court. Though the Court’s order does not wipe out O’Connor’s decision in its entirety, it temporarily blocks that decision “insofar as it precludes the Navy from considering respondents’ vaccination status in making deployment, assignment, and other operational decisions.”

In other SCOTUS news, the Ginni Thomas story is still snowballing. Daknikat wrote quite a bit about Thomas yesterday; https://skydancingblog.com/2022/03/25/friday-reads-you-shouldnt-go-back-home/if you haven’t read her post, please check it out.

Scott Wong at NBC News: Ginni Thomas pressed for GOP lawmakers to protest 2020 election results.

Shortly after the 2020 election, Virginia “Ginni” Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, sent an email to an aide to a prominent House conservative saying she would have nothing to do with his group until his members go “out in the streets,” a congressional source familiar with the exchange told NBC News.

Thomas told an aide to incoming Republican Study Committee Chairman Jim Banks, R-Ind., that she was more aligned with the far-right House Freedom Caucus, whose leaders just two months later would lead the fight in Congress to overturn the results of Democrat Joe Biden’s victory.

Cat who thinks he’s a dog by Jack Shepherd. He was raised with and by the dogs.

The RSC was long representative of the most conservative House members, but in the past several years, it has been replaced by the tea party-driven Freedom Caucus.

Thomas wrote to the aide that Freedom Caucus members were tougher than RSC members, were in the fight and had then-President Donald Trump’s back, according to the source familiar with the email contents. Until she saw RSC members “out in the streets” and in the fight, she said, she would not help the RSC, the largest caucus of conservatives on Capitol Hill.

Her November 2020 email came in response to a request from the RSC to offer policy recommendations as Banks was set to take the helm of the group in early 2021. But when Thomas portrayed the RSC as soft in its support for Trump and told its members to take to the streets, the aide thanked her for her suggestions and moved on….

The email exchange suggests Thomas was pressuring Republicans in Congress to get more aggressive in fighting for Trump at a key moment when the lame-duck president and his inner circle were devising a strategy to overturn the results of the 2020 election and keep him in power.

Obviously Thomas has access to powerful politicians only because she is married to Clarence Thomas.

Conservative columnist Matt Lewis at The Daily Beast: If Ginni Thomas’ Big Lie Texts Don’t Shock You, Nothing Will.

“Biden and the Left [are] attempting the greatest Heist of our History.”

“[The] Biden crime family & ballot fraud co-conspirators…are being arrested and…will be living in barges off GITMO to face military tribunals for sedition.”

Oh yeah, and “Watermarked ballots in over 12 states have been part of a huge Trump & military white hat sting operation in 12 key battleground states.”

Another photo of the cat who thinks he’s a dog and his friends, by Jack Shepherd.

These aren’t the rantings of some obscure, tinfoil hat-wearing lunatic. These are just a few of the 29 text messages sent by Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, to Donald Trump’s Chief of Staff Mark Meadows. These messages were sent in the wake of Joe Biden’s 2020 presidential victory, as Mrs. Thomas sought to push Meadows to try to overturn the 2020 election results—sometimes quoting far-right websites to make her case.

In a world where more tenuous relationships than a spouse have sparked huge controversies (think Barack Obama’s relationships with the Rev. Jeremiah Wright and the former Weather Underground activist Bill Ayers), the level of this conflict of interest should be condemned by intellectually honest conservatives.

As one smart observer put it, “If you had a problem with Bill Clinton meeting with Attorney General Loretta Lynch on the tarmac, you should probably have a problem with Ginni Thomas’s barrage of texts to White House Chief of Staff Mark Meadows in the days preceding a legitimate self-coup attempt.”

Click the link to read the rest.

Another conservative take from David French at The Atlantic: The Worst Ginni Thomas Text Wasn’t From Ginni Thomas. Mark Meadows and the dangerous religious zeal of “Stop the Steal.”

After giving examples of Thomas’s text messages, French writes:

This is the kind of communication that would make you worry about a family member’s connection to reality. When it comes from the wife of a Supreme Court justice who enjoys direct access to the White House chief of staff, it’s not just disturbing; it’s damaging to the Supreme Court….

It is…understandable if ordinary Americans wonder whether she’s made an impact on her husband, and it’s important for Justice Thomas to recuse himself from any future cases that could potentially involve additional disclosures of his wife’s communications with the White House or her involvement in the effort to overturn the election.

Mako the Cat-Dog: raised by cats, he thinks he is one.

But the Ginni Thomas texts were not the most alarming aspect of Woodward and Costa’s story. There was a text in the chain that disturbed me more than anything Ginni Thomas wrote. It came from Meadows, and here’s what it said: This is a fight of good versus evil . . . Evil always looks like the victor until the King of Kings triumphs. Do not grow weary in well doing. The fight continues. I have staked my career on it. Well at least my time in DC on it.

One of the most dangerous aspects of the effort to overturn the election was the extent to which it was an explicitly religious cause. January 6 insurrectionists stampeded into the Senate chamber with prayers on their lips. Prominent religious leaders and leading Christian lawyers threw themselves into the effort to delay election certification or throw out the election results entirely. In the House and Senate, the congressional leaders of the effort to overturn the election included many of Congress’s most public evangelicals.

They didn’t just approach the election fight with religious zeal; they approached it with an absolute conviction that they enjoyed divine sanction. The merger of faith and partisanship was damaging enough, but the merger of faith with lawlessness and even outright delusion represented a profound perversion of the role of the Christian in the public square.

Read the rest at The Atlantic.

More Ginni Thomas stories:

The Washington Post: Ethics experts see Ginni Thomas’s texts as a problem for Supreme Court.

The New York Times: Justice Thomas Ruled on Election Cases. Should His Wife’s Texts Have Stopped Him?

The Washington Post Editorial Board: Justice Thomas’s wife is a political extremist. This is now a problem for the court.

There are quite a few stories today that deal with the disrespectful treatment that Supreme Court Nominee Ketanji Brown Jackson received from Republicans in her Senate confirmation hearings.

I really liked this one from Kevin Cullen at The Boston Globe, because he trotted out an old saying that my Dad often used: You can always tell a Harvard man, but you can’t tell him much.

Sorry this is so late. WordPress deleted my post in progress twice and I had to reconstruct it. Have a great weekend!