Friday, August 21, 2026

When They Get To The End He Wants To Start All Over Again

I WON'T DETAIL my history with stage fright, it was pretty bad.  But I'm reminded of the line in the song of that name because I do wish I could start all over again.  

I don't perform like that anymore.  

But reading through that Hawaii Supreme Court ruling and the one that is referenced in it,  I feel like going through the entire series from the start and including material from it and the cases it references - the ones I've been able to look up - because the new material would have made the series an even stronger argument about why we have to take that power to nullify federal law away from the Supreme Court or, as Louis Boudin and others said more than a century ago, they will continually set back any hard won progress we make in equality and democracy and the economic justice that even those who voted Republican the last time are crying out for.    If Democrats from Clinton to Obama had delivered that, if Biden had been able to get the conservative Democrats to deliver that to the American People AND THEY'D HAVE HAD TO ROLL OVER THE SUPREME COURT TO DO IT we wouldn't have ever had a George W. Bush or a Trump.   

Those were Courts during the period when they felt some restraint even when the majorities party was in power,  that's gone.   First came the Roberts Court deciding an election in favor of the majorities candidate,  now the Roberts Court which comes from that and its wholesale destruction of democracy on behalf of the same party and its patrons.   They feel no restraint because the Marbury power puts them in charge UNTIL THE CONGRESS AND PRESIDENT REFUSE TO GO ALONG WITH THAT ANTI-CONSTITUTIONAL USURPATION.  

The Roberts Court in its unitary-executive, white-supremacy, billionaire, millionaire, extraction industry (their direct patrons) servicing fascism has meant one thing THERE IS NO MORE PUTTING IT OFF ANY LONGER, THERE IS NO MORE WAITING ON ANOTHER WARREN COURT THERE'S NOT GOING TO BE ANOTHER ONE OF THOSE AND THAT'S NOT ENTIRELY A BAD THING.   In its naive actions the Warren Court invented one of the key corruptions that allowed the corporate media and its billionaire and millionaire owners to put the fascists in power, the "right to lie."   Without that and such unintended idiocies that flowed from their "First Amendment" interpretation,  many of the key decisions that were the building blocks to the corruption we are suffering from could never have happened,  money would have been driven out of our elections,  those elected would have not have had to chase money to counteract the floods of lies in the media such as sandbag every Democratic politician and elevante those who have no scurples against lying and stealing and giving everything to those who will enrich them.   That is, the Republican majority in power in the presidency the Congress AND THE ROBERTS COURT SUPREME COURT MAJORITY.    I will remind you that the lefty hero and tragically egotistical Ruth Bader Ginsburg was Antonin Scalia's best buddy on the Court and she sometimes took travel junkets with him, some allegedly paid by them, but she took others financed by billionaires with business before the court, herself.     All of them in the recent past have done it* as many if not most of the members of Congress and presidential administrations do BECAUSE THAT CORRUPTION WAS REVIVED BY THE SUPREME COURT AS THE POST-WATERGATE CONGRESS TRIED TO END IT.  

I will note that though Amy Coney Barrett has done some clearly corrupt things in that area, her book deal, her McConnell Center caper,  so far I can not find that Ketanji Brown Jackson has acted in that typical way.   She has supported strong, enforceable ethics standards for members of the Court and, so far, seems to have avoided such corruption while on the Court.  

The Supreme Court with the Marbury power has been the most anti-equality, the most anti-democratic, the most anti-economic justice branch of the government going back to when Marshall was voting continually to protect his massive wealth in humans held in slavery.   It is now the most overtly fascist branch under the Federalist-fascist Society Roberts majority. 

There's no lawyerly putting this off anymore.  If it isn't done by a Democratic Congress and president,  a future Republican-fascist one will do it.   I regret that the Marshall Court didn't try to use that power in a significant case because I'm sure Jefferson would have done it and he would have won.  The countries' history would have been far more egalitarian and democratic and just if he had. 


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