SCOTUS Watch & Related Legal Developments

Trump News

More depressing news -- the idea that the Democrats would win the House of Representatives, which was assumed to be likely, turned out to be another pipe dream. The final numbers are not quite done but only a few seats switched hands. Net, the Republicans might win a few seats (220s).

Trump's appointments have generally been worse than expected though any "I'M SHOCKED" should be sneered at. We knew who he was. He was if anything more unhinged this time around. Any surprise at some point is playacting. It's getting old. 

His attorney general pick is Matt Gaetz. Yes, he is accused of being a sex offender. Trump has a civil judgment establishing he is one and he will have the duty to "faithfully execute the law." 

A major Supreme Court connection is that his solicitor general pick -- who will be in charge of cases argued to the Supreme Court -- argued Trump's immunity case. The agency for this is shared and is in large part the voters. The Supreme Court has its role.  

Robert Kennedy Jr., a conspiracy theorist, was chosen for Health and Human Services. Tulsi Gabbard, a friend of authoritarians, will be in charge of intelligence. Trump is a conspiracy theorist and a patsy for authoritarians. This is all not surprising.  

Ted Olson 

Ted Olson has died. He was the "Olson" in Morrison v. Olson, which upheld the independent counsel law. Many argue that Scalia's dissent turned out to be correct. I have my doubts about that constitutionally.

Olson supported various conservative and libertarian causes. He supported same-sex marriage and Dreamers. He opposed Donald Trump.  His third wife died on 9/11 (his birthday) on one of the planes. 

In these times, we should honor principled legal minds like Ted Olson.  RIP. 

The Courts 

Senator Dick Durbin, Chairman of the Senate Judiciary Committee, and others assure us that as many nominees as possible will be confirmed by the end of the Senate term. It looks like that would be mid-December. Only so much can be done.

Durbin and the Democrats who went along supported blue slips for district court judges. Blue slips require the support of "home state senators" for the judicial nominees. This would explain why so many red-state slots are vacant. This current list says THIRTY.

We can honor the judicial confirmations during the Biden years of de facto life tenure (good behavior technically) judges without ignoring that Trump had comparable numbers PLUS three justices.  

It is negligence to give him thirty more judicial nominees, especially since district court nominees were the easiest way to influence justice in red states. It adds to my "I'm so damn pissed off" list. 

Lower court judges have been a means over the last fifty years to have some balance while the Supreme Court has never had a majority of Democratically appointed justices. The record on the Supreme Court would have been much worse if moderate Republicans like Stevens or Souter were not involved.  

How can you leave so many people on the table? 

Supreme Court News 

There was a conference today which will bring forth orders on Monday. No more oral arguments are scheduled until December. There will probably be one or more opinions handed down next Friday.  

An execution was delayed (why not? he has been on death row since the 1980s) but there still is one scheduled for next week.  We shall see if he has any final appeals. I will write more next week. 

D.C. News 

A Republican trifecta will mean a greater chance that Congress will interfere with D.C. home rule. 

My druthers would be that D.C. would have a voting member of the House of Representatives, they would have more complete home rule, and only a supermajority (to address true federal interests) could overrule a local law. 

I am okay with D.C. being a state in part since it would (1) be an easy way to address these given constitutional doubts about D.C. having a vote in the House and (2) help unrepresented urban areas. 

Next up, territories should be able to vote for president, and we can figure out a way to have a clear referendum to settle Puerto Rico's desires as to statehood.  And, a pony for all who want one.