Biden’s CHECKMATE on the Supreme Court’s Malfeasance
Like the hypocritical partisan HACKS that they are, the Supreme Court INSISTED on rescuing Donald Trump from being kicked off the ballot in Colorado & Maine. Worse, it weighed in with a Justice whose wife was actively involved in the INSURRECTION on January 6. The court pretended that we can’t define what an insurrection is & made shallow excuses for why the 13 Amendment cannot be followed, as the founders wrote it. It’s hypocritical from those on the court claiming to be “originalists” when it’s convenient, on other issues.
During the arguments, Mitchell, Trump’s attorney, said that what happened on Jan. 6 was a “riot.” But, he said, it was “not an insurrection.”
“The events were shameful, criminal, violent, all of those things, but did not qualify as an insurrection,” Mitchell said.
The 14th Amendment has plain language. It says that if someone who’s made an oath to protect the U.S. government, then engages in an insurrection against that same government, SHALL BE disqualified. The definition of insurrection from merriam-webster.com/dictionary is:
insurrection
in·sur·rec·tion ˌin(t)-sə-ˈrek-shən
: an act or instance of revolting against civil authority or an established government.
So conservatives…whatever happened to the concept of “states’ rights”? Oh ok I get it, now it’s inconvenient for you. No Democratic candidate has attempted a coup against our government so it’s ok to pretend that your Republican candidate who actually has, didn’t do it.
The GOP braintrust are now trying to claim that the Jan. 6 insurrection was a riot, not an insurrection. Here is the legal definition of riot from https://www.merriam-webster.com/.
Legal Definition
riot
1 of 2 noun
ri·ot
: a disturbance of the peace created by an assemblage of usually three or more people acting with a common purpose and in a violent and tumultuous manner to the terror of the public
also : the crime of rioting
There is a key difference between a riot & an insurrection. Riots, like the L.A. riots in 1992, were not an attempt to overthrow the government of the city of Los Angeles, nor the state of California. The insurrection of Jan 6, 2021 was an attempted coup to overthrow the government of the United States of America. That is the difference, ladies & gents.
Justice Kagan
“I think the question that you have to confront is why a single state should decide who gets to be president of the United States,” Kagan said at one point. “In other words, this question of whether a former president is disqualified for insurrection,” she continued. “It sounds awfully national to me.”
I would counter Justice Kagan’s concerning argument about one state deciding the president of the United States by stating that Colorado (& Maine)as a state can’t decide who’s president by pointing out that the 14th amendment clearly states that a person SHALL be disqualified if they swore an oath to protect the U.S. government & then engaged in an insurrection or coup against the U.S. government. It doesn’t say they can disqualify candidates willy nilly for any made up reason. Furthermore, it doesn’t stop people from writing in the name of their choice, technically.
Assuming Biden wins a second term this fall, he can (& should) use the actions of the corrupt Supreme Court, to expand the court. Throughout history, presidents didn’t necessarily make a case for expanding the court. FDR expanded the court because the Supreme Court was overturning some of his New Deal economic reforms. His critics called it a “power grab”, but was it? Was it really? Because normally a power grab is about getting more power/wealth for yourself. FDR’s New Deal was for all working, poor, & elderly Americans across the board. He wanted to use the power of government to protect the country’s most vulnerable citizens, so that would make what he did more virtue than vice.
Given the blatant corrupt behavior of Justice Thomas & Justice Alito, & their refusal to recuse themselves from cases where they have a vested interest, it would be in the best interest of the country if President Biden did move against the partisan Justices that have broken the law & the trust of the American people. He should not only expand the court using their behavior, their demonstrable hypocrisy, but also their partisan reactionary rulings that are not in line with the American people. Right now the Supreme Court does not represent all Americans. The majority represents only rich, white, male Americans & that cannot be allowed to stand. That’s all Biden has to do to put a needed checkmate on the Supreme Court. Then he should move on to getting rid of the non-democratic Electoral College.
