Santos Expelled, O'Connor Died, and more

George Santos 

Three members were expelled during the Civil War. Two were expelled after being convicted. Santos is therefore a pioneer of sorts. Republicans (except a few in swing New York districts) twice (the first time the swing guys supported examination by the ethics committee) said "no." After the committee strongly held against him, enough Republicans said "yes." 

I think it is defensible to say that the House should have waited until the ethics committee ruled. Nonetheless, George Santos overall is just so horrible that I do not oppose this vote even if he was not convicted. 

His constituents, granting this is not official, strongly oppose him as far as we can tell. He lied and bullshitted during the election. He is both a joke and a menace. Having him in Congress, with all that entails, is wrong. 

Is it surprising this happened to the degree the Republicans' narrow majority (five votes) was reduced? Eh. Santos provides so much baggage that the one vote is not really worthwhile. It really isn't for those essential New York Republicans that came in in 2022 to switch control.

[The House now has 434 members with 221 Republicans and 213 Democrats. If there is straight partisan voting (and even here not every Democrat voted to expel), the Republicans would be able to spare three members joining the Democrats on some measure. So, they have a practical three vote majority.]

Now it's time for those federal prosecutions to run its course. Santos could not (if it ever mattered) trade a resignation for leniency. Hopefully, the vote will be the first in 2024 (when the special election takes place) to change control.

New York Court of Appeals 

Meanwhile, looks like the two new (one an elevation to chief judge) judges on the New York Court of Appeals (highest court) has had some effect. Cuomo put multiple conservatives on the court, especially the former chief judge. The New York Senate went along. Then, they opposed a chief judge nominee deemed too moderate. The next pick was a clear progressive.

Elections matter. Lower courts matter.

Sandra Day O'Connor Dies 

Sandra Day O'Connor announced she was leaving public life five years ago. People then basically forgot about her. She was not very active for a few years before. 

O'Connor was more active in the years after she retired, including in the promotion of civics. She also did things like trying to deal with judicial elections, which she opposed. 

And, watching Alito uproot multiple things she supported including campaign finance reform. She was upset about resigning, especially when it turned out her husband's dementia was too serious for her to help (the original reason she resigned).  

She wanted to resign earlier, but then Gore seemed to have won. Cue the infamous "this is horrible" at a family event. Her concern was a bit premature. And, then was Bush v. Gore, which in some people's eyes damned her to hell. Forget all the rest. Best they will grant is she is not Henry Kissinger. 

If a person should not be executed for their most horrible act, I will not judge O'Connor merely on hers. Amy Howe's obit (see first link) cites a later interview where O'Connor suggested the Court might have been wrong to take the case. A big "fwiw" there. My concern here is the rest of her jurisprudence, including abortion rights, campaign finance, separation of church and state, gay rights, and more.  

O'Connor decided not to resign in Bush's first term. My understanding is that she and Rehnquist felt the election was controversial enough that it would not do. Bush's re-election cleaned things up there. I am not sure where I read that but it does appear to reflect her actions. 

O'Connor was a Reagan appointee, fulfilling a promise to choose the first woman justice. Some of her opinions left something to be desired. Nonetheless, O'Connor was truly a moderate conservative and swing justice. Her pragmatism was sensible. Some liberal takes lay her horribleness on too thick for my tastes. Her life's story, a feminist one in her own fashion, is also impressive. 

Some say things like how Planned Parenthood v. Casey crushed abortion rights. That's an exaggeration. Yes, it allowed more regulations. Nonetheless, it still had bite, and the alternative shows the distance between then and now is far from trivial. Blackmun and Stevens knew it at the time.

Anthony Kennedy has more to answer for by resigning when Trump gained power. I am not going to ignore the positive things he did. But, along with his joining the joint dissent in the PPACA Cases and Trump v. Hawaii, he has more to answer for. O'Connor resigned in 2006, not 2018. 

I appreciate her public service. I am willing to say "RIP." 

Leo and Crow Subpoenas

Meanwhile, the Senate Judiciary Committee finally got around to voting on the subpoenas of Harlan Crow (Thomas) and Leonard Leo (Federalist Society). The Republicans continuously tried to use procedural techniques to block them.

The House of Representatives have shown themselves to be horrible and an international embarrassment. The assumption is that the Democrats will regain control next November. Nothing is guaranteed. People are talking about a "50%" chance of Trump winning. What sort of insane world are we living in for that to not be simply ridiculous? 

Nonetheless, it is not like the Senate Republicans deserve much respect. Tommy Tuberville might end his blanket holds of military nominations (in time for the 2024 election cycle?) but it has gone on for a ridiculous amount of time. Republicans could have stopped it. They did not. 

The procedural shenanigans, including trying to deny the Democrats a quorum, here is not as horrible. When ethics is such a problem that the Supreme Court releases an ethics code, it still is rather important. Just letting the vote go on is bad why? The chance the two will actually testify is a longshot, both with the chance of a filibuster on the floor and court battles. Offer your own options for subpoenas, including about Sotomayor's book deals or something.

Republican senators are not full MAGA horror shows. They still are not willing to do the bare minimum. A Republican win next November would be disgusting. You can imagine the handcuffs Biden will have regarding nominations. 

Just ask Tommy Tuberville.