Posts Tagged ‘Roberts’

The Week Everything Went Right

Wednesday, June 24th, 2020

 

  By Bob Gaydos

 The Supreme Court ruled that labor law protects LGBTQ rights.

The Supreme Court ruled that labor law protects LGBTQ rights.

    Sometimes, everything just falls into place, or, to put it another way, it all falls apart. Like Donald Trump’s week.

       You may have noticed that the Dotard had a very bad week last week, punctuated by a campaign “rally” in Tulsa that drew barely more than 6,000 faithful. The event, indeed the week, was a showcase for the now-familiar traits that define Trump — arrogance, laziness, pride, litigiousness, ignorance and callous disregard for anyone other than himself. To think there are some people who consider these to be attributes they want in a president used to astound me. Now, it saddens and angers me.

        Back to Trump’s week from hell.

        What ended dramatically in Tulsa began quietly in Washington, D,C., where John Roberts decided to act like the Chief Justice of the Supreme Court. That is, the head of one of the three co-equal branches of government defined in the Constitution. Monday morning, with Roberts and new conservative favorite Neal Gorsuch joining the four liberal justices, the court ruled — against the Trump administration’s arguments — that the federal law which protects persons from being discriminated against in hiring and firing because of their sex applies to LGBTQs.

        The Trumpsters, catering to their conservative Christian supporters, had argued that someone could be fired — or not hired — simply on the basis of being gay. The court rejected that and, in a further jab at Trump, Gorsuch wrote the major decision. That same day, the court refused (7-2) to hear a Trump administration appeal of a California court ruling that upheld the state’s sanctuary law, which prohibits law enforcement officials from aiding federal agents in taking custody of immigrants as they are released from jail. And to top a week of attention-grabbing rulings, Roberts himself wrote the ruling which rejected the administration’s efforts to end the Dreamers program (DACA). The Chief Justice also chided Trump’s lawyers for their sloppy preparation and pointedly criticized Justicee Brett Kavanaugh’s arguments in the Dreamers as well as LGBTQ rulings.

     So, in one week, Roberts helped protect three vulnerable populations from the ego-driven whims of Trump, while also reminding him not to take the court for granted simply because he had recently appointed two supposedly friendly justices. Trump was thus reminded that presidents can’t fire Supreme Court justices. He, of course, took it personally, tweeting about whether the court didn’t like him. Roberts did not lower himself to reply.

     While this was going on, the White House was also in court trying to stop publication of a book — a typical Trump move, flying in the face of the Constitution and free speech. The book, by former national security adviser John Bolton, gives an insider‘s account of how the Trump White House operates. Which is to say, it is unflattering in its honesty. Bolton, no model of civic-mindedness, had refused to testify before Congress about this stuff, preferring to make a buck on what he witnessed (and participated in). The judge said the book could be published, mostly because it’s already been leaked and could easily be available on the Internet and there was no proof of risk to national security. Just to Trump’s ego.

      In the meantime, trying to get rid of another prosecutorial thorn in his side while no one was looking, Trump told Attorney General William Barr to get rid of Geoffrey Berman, U.S. attorney for the Southern District of New York. Among other things, the prosecutor has been investigating Trump’s pre-White House dealings with Deutsche Bank, with bank fraud being the most often mentioned possible crime.

       Barr botched the job. He issued a statement Friday, when he hoped the world would be focused on the Trump anti-Covid rally in Oklahoma, saying that Berman had stepped down from his job. Berman promptly said that, no, he had not, adding that, since a federal judge had appointed him as a replacement, Barr could not fire him. Barr then said Trump had fired Berman. Trump was asked and, typically passing the responsibility buck, said he was not involved. It was Barr’s show. Confusion is another Trump trademark.

        Apparently, Barr got through to the Dotard and said, “Chief, if you want this done, you have to do it. But Berman won’t go quietly unless you name his deputy to succeed him.” And that’s how Audrey Strauss, who has worked closely with Berman on the Trump probe, came to be the new acting U.S. attorney for the Southern District. Trump got his man, but he may come to regret the whole messy, sloppy episode.

         And finally came Tulsa, in Oklahoma, where the wind not only came whistling down the plains, but could be heard whipping around a mostly empty arena Friday night. Never mind the million who had supposedly sought tickets on the Internet, there was nothing close to the 60,000 fans Trump’s team was expecting. The overflow venue was shut down early. The star rambled through an incoherent “speech” that featured him demonstrating an ability to drink water out of a glass with one hand and explaining the treachery of slippery ramps — both harking back to his previous week’s unsteady performance at West Point.

         The rally was meant to bring supporters out by showing a defiance of science and medicine and gathering en masse to show that virus a thing or two. The cherry on top of the week’s sundae was that the paltry crowd was apparently the result of an organized, nationwide social media effort to get teens and young voters to apply for free tickets on line but not show up. Wow! A million requests for tickets! Trump bragged earlier in the week, even as the campaign proceeded on social media. He and his team never saw it or never took it seriously. Lazy, Arrogant. Dumb. Dismissive.

      The Dotard showed up back at the White House late Friday night, looking disheveled and despondent. Unpresidential, to say the least. For him, the master of conceit, deceit and bluster (that could be a name for his law firm) it was a terrible week. Nothing went as “planned.” Everything fell apart. Or, to put it another way, for a change, everything fell into place.

rjgaydos@gmail.com

Bob Gaydos is writer-in-residence at zestoforange.com.

 

John Roberts, Unlikely Hero of the Left

Thursday, June 28th, 2012

Chief Justice John Roberts

By Bob Gaydos

So, John Roberts, hero of the left wing and savior of Obamacare. Who wuddda thunk it?

Actually, the chief justice’s law school professor, for one. Laurence Tribe, who taught Roberts as well as President Barack Obama at Harvard Law School, opined on Tuesday, two days before the historic Supreme Court ruling was revealed, that he felt Roberts would vote to uphold the law, as much to reinforce the image of the court as an apolitical neutral umpire as to rule on the law’s constitutionality.

In an interview on MSNBC, Tribe said, “I think that the chief justice is likely to be concerned about the place of the court in history and is not likely to want the court to continue to be as deeply and politically divided. Doesn’t mean he will depart from his philosophy. You can be deeply conservative and believe the affordable care act is completely consistent with the United States Constitution.”

Which is pretty much what Roberts did, siding with the four so-called liberal justices to preserve the major legislative victory of Obama‘s presidency. Of course, the airwaves and the blogosphere exploded Thursday as anyone with a law degree and an opinion on the Supreme Court ruling on the Affordable Care Act and a means of transmitting that opinion to a large audience explained why Roberts did what he did. Or, as many Republican politicians did, to call Roberts a traitor to their cause. Safe to say, many of the latter group aren’t too concerned with the nuances of judicial restraint and co-equal sharing of power among three branches of government.

I don’t have a law degree and I don’t belong to any political party, but, hey, I‘ve got a blog, too. And without pretending to read Roberts’ mind, some things seem obvious in the wake of this ruling:

  • Obama got a huge boost in his re-election campaign, since repealing the health care act as unconstitutional was all Republicans have talked about for months. Case closed. It’s constitutional. Spin it any way you want, the president wins this one.
  • Republicans are now going to have to find an actual plan to replace Obama’s if they want to continue their argument. House Speaker John Boehner seems not to care about that. All he keeps talking about is repealing the act, which the Senate will never do. Plus, with so many provisions in it that Americans like (no refusal for pre-existing conditions, kids on parents‘ plan until age 26), that will not be easy for any Congress.
  • Mitt Romney, who actually has talked about replacing the health care act after he repeals it as president, seems to be stuck with offering up his own plan, which he introduced as governor of Massachusetts. That plan, of course, is what Obama’s plan and an initial conservative plan, was modeled on. So Romney continues to talk in circles of fog and disingenuousness.
  • Roberts obviously possesses a chief justice’s concern for the way his court is viewed. He does not, for example, think justices should be offering strong political views on issues that are not contained in the case on which they are ruling. (Justice Antonin Scalia, who acts as if his life term gives him the right to pontificate and criticize — as he recently did on Obama’s order sparing tens of thousands of young immigrants from deportation — obviously doesn’t get the neutral umpire view.) Roberts both criticized the Obama health plan (an overreaching regulation of commerce by requiring insurance) and ruled on its constitutionality — it’s a legitimate tax, even though Democrats didn’t have the guts to call it that.
  • By stressing that the court’s role is not to judge the law, but to decide if it can be upheld and, if so, to do so, Roberts demonstrated control of his court and reassured some Americans who have had an increasingly dim view of it since Bush v. Gore. It falls to Congress the power to pass laws, he reminds us, whether they seem wise or not. This is a definition of judicial restraint.
  • Spinning the 5-4 ruling as a conservative victory for the future because Congress is warned off trying to expand use of the commerce clause to regulate behavior and Republicans will be energized to actually replace the Obama health plan with one of their own doesn’t come close to the overwhelming victory it gives an incumbent president seeking reelection right now. If I’m a politician, I take that trade anytime.

So, Chief Justice John Roberts, intentionally or not, hero of the left wing.

 bob@zestoforange.com