In some ways it was bound to happen. For months the public focus has been on Justice Clarence Thomas. Per excellent reporting by ProPublica, Thomas had secretly accepted myriad unreported gifts from billionaire-with-an-archvillain’s-name Harlan Crow: lavish private flights, luxury trips, years of private tuition for a family member, and money for the sale and renovation of his mother’s home (where she still lives rent free). With all that rotting out in the open, it was naturally time to look at the records and practices of other justices who seem to operate outside ethical rules.
I can't say that I never had respect for Roberts. When Shrub nominated him to be Chief he was already far into his confirmation to be an associate SC justice when Rehnquist up and died. Since Roberts was well along into the confirmation process, Shrub just changed the nomination to Chief rather than Associate. So Roberts is really an "accidental" chief justice. I knew he was a conservtive since he was a Shrub appointee, but he was not what I would term a right-wing whacko like Thomas, Scalia or Alito (who got the SC seat first meant for Roberts.) I had to give credit to Roberts for "crossing over" to side with the liberal justices to save the Affordable Care Act. That, at least, gave me a glimmer of hope that he would disappoint Shrub in the same manner that Justice Souter disappointed Daddy Bush (which disappointment Daddy Bush actually verbalized.)
Yes, that was a good thing he did in saving the Affordable Care Act. Otherwise, he's been a major disappointment in rescuing SCOTUS from the disrespect it has earned.
That isn’t true. You are appointed chief justice and confirmed in the senate to the post. Roberts was confirmed to the court and as chief justice at the same time. No matter what happens with the personnel on the court, he’s still the chief.
There is no doubt in my mind that Roberts has plenty of skeletons in his own closet. If he starts taking any measures to censure the corrupt judges, there is a possibility they will spill the beans on him and start demanding his own resignation.
Since they are appointed for life and can be removed only via impeachment, I don’t think he or any of them care if you or anybody else calls for their resignation because a successful impeachment is not ever going to happen.
It just makes me wonder whether Roberts has also accepted some of these gifts. I reminds me that we still don’t know how all of Kavanaugh’s debts just evaporated. I thought our Supreme Court was broken beyond repair relatively recently, but I guess they have been moving in this direction for a long, long time. The fact that Roberts said out loud that Congress does not have the right to regulate the Supreme Court just solidifies my suspicions. We have 3 branches of government specifically to provide these kinds of “checks and balances.” You would think the “experts” on interpreting our constitution would recognize that fact.
You assume that Roberts is actually an honorable man, and not just pretending to be one for the sake of the court's image...and that may be the case, but we really don't know. What we do know, however, is that actions speak louder than words...so yeah, good question - when IS he going to do something? Put your money where your mouth is Bob!
I must say that as a foreigner, watching all of this from afar, while also being a cynic as well as a realist, it becomes obvious that there are two driving factors in the life of a Republican politico, including Judges, money and power. There seems to be no underlying empathy or concern as to how their decisions impacts the public. Mostly it seems that the decisions these MEN make is all about making their wealthy and connected friends in the Republican hierarchy, happy and even more wealthy, so those folks in turn, dribble bits of their wealth and influence on them.
As the world turns, money has become the de facto GOD in the USA, and there is NOTHING more important, not lives, not the economy, not Democracy, not the environment, not the survival of the entire human race! Nope! It’s all about who has the most money!
It's so strange that we look on hoarders as being mentally ill, yet those who hoard vast amounts of wealth and use it to destroy those things that make it harder for them to hoard more money, are looked up to as “Captains of Industry”, great leaders, and of course suitable for the highest offices in your land.
Yet in actuality the LAST person you want running for any type of political office is a business leader, because government bears no relationship to industry, whatsoever!
Business is all about profit, government is all about people. And people are the LAST thing that these types of wealthy individuals care anything about, and neither do any of their puppets!
EXACTLY!!!! We now have what I call a system of malignant capitalism in the U.S., where money is everything and people are simply tools useful in achieving it. There is no such thing as altruism anymore, nor a collective 'conscience.' A conscience is such an inconvenient thing these days. Integrity and honor have disappeared almost entirely, especially among the GOP.
I've held one particular argument most of my adult life: money, and the rather unhealthy desire to possess as much as possible for as long as possible (aka GREED) is very likely going to be the root cause of the demise of the human race on this planet.
Making a connection between hoarding and accumulating obscene wealth is brilliant! The wealthy are simply hoarding dollars or other currency instead of things. They’re satisfied with seeing long strings of digits, with no need for physical proximity to their hoard.
I’ll caveat my comment: not all wealthy individuals grab every dollar only to see the totals increase. There are some who use their hoard to do good. I’m not going to speculate the ratio between “it’s all mine! Mine!” and “my money can benefit others”.
I don't think there is any chance of any of these corrupt jerks resigning. I think we need another mechanism by which a SCOTUS judge can be fired from his job for this sort of thing.
Constitutional amendment. That's it. Failing that, impeachment is the only remedy - and good luck with that. Unless these liars and mountebanks should happen to grow consciences, we're stuck with them until they retire or die. And they don't seem inclined to retire.
It wasn't that long ago when most of us regarded the Supreme Court with high respect, considered that body the vaunted final word, laden with sagacity and learned scholarship, but it certainly feels as if that Court existed long ago and far away...
Thank you for posting this article by Dahlia Lithwick and the resignation letter of Judge Dannenberg. Amazing! Why wasn’t this covered by mainstream media at the time? Fingers on the scales of justice….
Alito’s behavior was egregiously wrong. It was never justified and never will be. He should be removed from the court, because he is unfit to serve and a disgrace to his profession.
Ethics violations don’t really fit the impeachment standard yet. Congress could pass an enforceable ethics code which could include indefinite suspensions and a criminal code addition covering cases of egregious conduct.
A great idea, except that it'll get struck down by this SCOTUS the first chance they get, saying it's an unconstitutional encroachment of power by the Legislature on the Judiciary. A majority of this Court can't be trusted to have the integrity to allow for limits on their own power.
And as much as I loved Justice Ginsberg, where we are now politically is partially result of her denial of the reality of her age, her health and her lack of self-awareness. Sadly, she tainted her own legacy by hanging around too long.
Wow. She was an amazing example of what the justice system and SCOTUS should be, and remained so until the very end of her life. To say she should have stepped down so another liberal could fill her seat is a political motivation. That’s what is wrong with Thomas, Alito et al. Another fact to consider is there was NO guarantee that another liberal justice would have been confirmed under Obama. He tried!
The corruption in this country is out of control. There are no institutions left that aren't rife with corruption. Every day there are stories in the media about the government, churches, schools, businesses, and now the Supreme Court that used to have the reputation for having the highest morals. It's sickening to watch this happen. There has been corruption in government and politics since the beginning of time, but today they are so blatant about it. When questioned or caught they don't even try to justify their behavior, they just continue it because it seems like there is nothing to stop them.
Thanks Jay, great info and always good to bang as many drums as we can with info like this!
I highly recommend donating to ProPublica if you have the means—and lots of companies will match the donation!
I also maintain the Bush family has done more to destroy and divide our country, as well as help guide the systematic, decades long dismantling of our democracy, than any other political family or oligarch—so far, anyway.
These guys can pretend it's all coincidental, they're just friends, but how many of you have friends who are billionaires? Even amongst lawyers and judges (and I am lawyer), the odds of being best buds with a billionaire? Please. These billionaires all cozied up to Alito and Thomas AFTER they became powerful. It was no accident.
How much actual power does Roberts have over the other justices? I'm betting none. When given a lifetime appointment, why would anyone worry about what someone else says about your morals or ethics? Even if a SC Justice is impeached and forced off the court, they'll retire with buckets of money. How do you spell corruption? R-e-p-u-b-l-i-c-a-n.
You are correct. "Chief Justice" is basically administrative and ceremonial. When the rubber meets the road, he is simply one of nine, and no one has to listen to him if they don't wish to.
> In the one case in which review was granted, Republic of Argentina v. NML Capital, Ltd., No. 12-842, Mr. Singer’s name did not appear in either the certiorari petition, the brief in opposition, or the merits briefs. Because his name did not appear in these filings, I was unaware of his connection with any of the listed entities
Singer is the founder and CEO of NML Capital. This is like saying "I didn't see Bill Gates' name anywhere so I had no idea he was involved in this Microsoft case..."
"Paul Elliott Singer is an American billionaire hedge fund manager, activist, investor, and philanthropist, with a net worth of $3.5 billion. His hedge fund, Elliott Management Corporation (EMC), specializes in distressed debt acquisitions, the reason he is called a ‘Vulture Capitalist’. Singer is also the founder and CEO of NML Capital Limited, a Cayman Islands company. "
I've been certain from the beginning that Alito leaked the Dobbs decision himself, in order to give the anti-abortion crowd time to get THEIR anti-abortion legislation together and ready to ram through.
When is Roberts going to do something about this? Besides the Alito mess, under his watch, we've had:
1. Gorsuch, Kavanaugh and Barrett lie about Roe in order to get voted in;
2. Thomas lie about his trips;
3. The wife of a Justice (Thomas) help incite a riot.
This isn't even counting substantial evidence of sexual harassment allegedly committed by two Justices (Thomas and Kavanaugh).
I've lost all respect for Roberts.
I never had any respect for Roberts to lose.
You and I must share a brain because this was my exact thought!
I can't say that I never had respect for Roberts. When Shrub nominated him to be Chief he was already far into his confirmation to be an associate SC justice when Rehnquist up and died. Since Roberts was well along into the confirmation process, Shrub just changed the nomination to Chief rather than Associate. So Roberts is really an "accidental" chief justice. I knew he was a conservtive since he was a Shrub appointee, but he was not what I would term a right-wing whacko like Thomas, Scalia or Alito (who got the SC seat first meant for Roberts.) I had to give credit to Roberts for "crossing over" to side with the liberal justices to save the Affordable Care Act. That, at least, gave me a glimmer of hope that he would disappoint Shrub in the same manner that Justice Souter disappointed Daddy Bush (which disappointment Daddy Bush actually verbalized.)
Yes, that was a good thing he did in saving the Affordable Care Act. Otherwise, he's been a major disappointment in rescuing SCOTUS from the disrespect it has earned.
I don't think he'll do anything. He needs that majority to hold on to his own seat.
You're right. But it's still galling that he won't do something.
That isn’t true. You are appointed chief justice and confirmed in the senate to the post. Roberts was confirmed to the court and as chief justice at the same time. No matter what happens with the personnel on the court, he’s still the chief.
There is no doubt in my mind that Roberts has plenty of skeletons in his own closet. If he starts taking any measures to censure the corrupt judges, there is a possibility they will spill the beans on him and start demanding his own resignation.
Since they are appointed for life and can be removed only via impeachment, I don’t think he or any of them care if you or anybody else calls for their resignation because a successful impeachment is not ever going to happen.
Never. PERIOD. Full stop.
Came here to say this.
It just makes me wonder whether Roberts has also accepted some of these gifts. I reminds me that we still don’t know how all of Kavanaugh’s debts just evaporated. I thought our Supreme Court was broken beyond repair relatively recently, but I guess they have been moving in this direction for a long, long time. The fact that Roberts said out loud that Congress does not have the right to regulate the Supreme Court just solidifies my suspicions. We have 3 branches of government specifically to provide these kinds of “checks and balances.” You would think the “experts” on interpreting our constitution would recognize that fact.
I agree 100%.
when did thomas & kavanaugh commit sexual
harrasment? bc those 'incidents' were discredited. both of the 'victims' lied under oath in each case. it was all made up out of thin air.
You assume that Roberts is actually an honorable man, and not just pretending to be one for the sake of the court's image...and that may be the case, but we really don't know. What we do know, however, is that actions speak louder than words...so yeah, good question - when IS he going to do something? Put your money where your mouth is Bob!
I must say that as a foreigner, watching all of this from afar, while also being a cynic as well as a realist, it becomes obvious that there are two driving factors in the life of a Republican politico, including Judges, money and power. There seems to be no underlying empathy or concern as to how their decisions impacts the public. Mostly it seems that the decisions these MEN make is all about making their wealthy and connected friends in the Republican hierarchy, happy and even more wealthy, so those folks in turn, dribble bits of their wealth and influence on them.
As the world turns, money has become the de facto GOD in the USA, and there is NOTHING more important, not lives, not the economy, not Democracy, not the environment, not the survival of the entire human race! Nope! It’s all about who has the most money!
It's so strange that we look on hoarders as being mentally ill, yet those who hoard vast amounts of wealth and use it to destroy those things that make it harder for them to hoard more money, are looked up to as “Captains of Industry”, great leaders, and of course suitable for the highest offices in your land.
Yet in actuality the LAST person you want running for any type of political office is a business leader, because government bears no relationship to industry, whatsoever!
Business is all about profit, government is all about people. And people are the LAST thing that these types of wealthy individuals care anything about, and neither do any of their puppets!
EXACTLY!!!! We now have what I call a system of malignant capitalism in the U.S., where money is everything and people are simply tools useful in achieving it. There is no such thing as altruism anymore, nor a collective 'conscience.' A conscience is such an inconvenient thing these days. Integrity and honor have disappeared almost entirely, especially among the GOP.
It has always been about the money here in the USA. From the pulpit to gambler. It is always about money.
You really nailed it! Right on the money.
I've held one particular argument most of my adult life: money, and the rather unhealthy desire to possess as much as possible for as long as possible (aka GREED) is very likely going to be the root cause of the demise of the human race on this planet.
Got it in one.
Making a connection between hoarding and accumulating obscene wealth is brilliant! The wealthy are simply hoarding dollars or other currency instead of things. They’re satisfied with seeing long strings of digits, with no need for physical proximity to their hoard.
I’ll caveat my comment: not all wealthy individuals grab every dollar only to see the totals increase. There are some who use their hoard to do good. I’m not going to speculate the ratio between “it’s all mine! Mine!” and “my money can benefit others”.
As I've said about Justice Thomas applies equally to Justice Alito! Justice Abe Fortas did far less corruption and was forced to resign!
I don't think there is any chance of any of these corrupt jerks resigning. I think we need another mechanism by which a SCOTUS judge can be fired from his job for this sort of thing.
Constitutional amendment. That's it. Failing that, impeachment is the only remedy - and good luck with that. Unless these liars and mountebanks should happen to grow consciences, we're stuck with them until they retire or die. And they don't seem inclined to retire.
It wasn't that long ago when most of us regarded the Supreme Court with high respect, considered that body the vaunted final word, laden with sagacity and learned scholarship, but it certainly feels as if that Court existed long ago and far away...
I don’t even know what they will teach in law schools today about precedent and stare decisis…
Filed under antiquated theory, haha.
Did you read Judge Dannenberg's resignation letter (from a few years ago) from the SC bar?
Yes, and it was a scathing indictment of Judge Robert's conduct along with the rest of the court. Here's an article that includes the text of the letter in case anyone else wants to read it. https://slate.com/news-and-politics/2020/03/judge-james-dannenberg-supreme-court-bar-roberts-letter.html
Wow. Wish that was broadcast in full all over the airwaves.
James Dannenberb:
"The rationales of “textualism” and “originalism” are mere fig leaves masking right wing political goals"
FIG LEAVES
Thank you for posting this article by Dahlia Lithwick and the resignation letter of Judge Dannenberg. Amazing! Why wasn’t this covered by mainstream media at the time? Fingers on the scales of justice….
Wow. I would have given something to watch Roberts' face whilst he was reading that. Assuming he actually bothered to read it, of course.
Resignation Letter needs to be posted everywhere.
When I was old enough to vote (50 years ago), I remember hearing the importance of voting for President because you're voting for the Supreme Court. 🤔
Alito’s behavior was egregiously wrong. It was never justified and never will be. He should be removed from the court, because he is unfit to serve and a disgrace to his profession.
Sadly there is no mechanism to remove a SCOTUS Justice short of impeachment, which obviously isn't gonna happen for reasons we all know.
Ethics violations don’t really fit the impeachment standard yet. Congress could pass an enforceable ethics code which could include indefinite suspensions and a criminal code addition covering cases of egregious conduct.
A great idea, except that it'll get struck down by this SCOTUS the first chance they get, saying it's an unconstitutional encroachment of power by the Legislature on the Judiciary. A majority of this Court can't be trusted to have the integrity to allow for limits on their own power.
Make them actually do it, and when it happens, well... let's just say hopefully people will have had enough.
It’s as if once Justice Ginsburg was gone all bets were off!
And as much as I loved Justice Ginsberg, where we are now politically is partially result of her denial of the reality of her age, her health and her lack of self-awareness. Sadly, she tainted her own legacy by hanging around too long.
Wow. She was an amazing example of what the justice system and SCOTUS should be, and remained so until the very end of her life. To say she should have stepped down so another liberal could fill her seat is a political motivation. That’s what is wrong with Thomas, Alito et al. Another fact to consider is there was NO guarantee that another liberal justice would have been confirmed under Obama. He tried!
The corruption in this country is out of control. There are no institutions left that aren't rife with corruption. Every day there are stories in the media about the government, churches, schools, businesses, and now the Supreme Court that used to have the reputation for having the highest morals. It's sickening to watch this happen. There has been corruption in government and politics since the beginning of time, but today they are so blatant about it. When questioned or caught they don't even try to justify their behavior, they just continue it because it seems like there is nothing to stop them.
Power corrupts; absolute power corrupts absolutely.
Until they are given a reason to stop, why would they? Obviously, ethics and integrity aren't good enough reasons for them.
Agreed. From City councils, school boards and all in between, to the Supreme Court.
Thanks Jay, great info and always good to bang as many drums as we can with info like this!
I highly recommend donating to ProPublica if you have the means—and lots of companies will match the donation!
I also maintain the Bush family has done more to destroy and divide our country, as well as help guide the systematic, decades long dismantling of our democracy, than any other political family or oligarch—so far, anyway.
I donate to them!
Awesome!! They are such a worthwhile cause. I hope more are aware now, and will do so as well!
United States appears to have a SCOTUS problem.
These guys can pretend it's all coincidental, they're just friends, but how many of you have friends who are billionaires? Even amongst lawyers and judges (and I am lawyer), the odds of being best buds with a billionaire? Please. These billionaires all cozied up to Alito and Thomas AFTER they became powerful. It was no accident.
Despicable, even for a historically corrupt and partisan Kangaroo court like the shameful Robert’s mess.
How much actual power does Roberts have over the other justices? I'm betting none. When given a lifetime appointment, why would anyone worry about what someone else says about your morals or ethics? Even if a SC Justice is impeached and forced off the court, they'll retire with buckets of money. How do you spell corruption? R-e-p-u-b-l-i-c-a-n.
You are correct. "Chief Justice" is basically administrative and ceremonial. When the rubber meets the road, he is simply one of nine, and no one has to listen to him if they don't wish to.
The phrase "high crimes and misdemeanors" comes to mind....
And this bizarre bit in Alito's response:
> In the one case in which review was granted, Republic of Argentina v. NML Capital, Ltd., No. 12-842, Mr. Singer’s name did not appear in either the certiorari petition, the brief in opposition, or the merits briefs. Because his name did not appear in these filings, I was unaware of his connection with any of the listed entities
Singer is the founder and CEO of NML Capital. This is like saying "I didn't see Bill Gates' name anywhere so I had no idea he was involved in this Microsoft case..."
https://www.wizenius.com/post/paul-singer-the-story-of-the-world-s-most-feared-investor
"Paul Elliott Singer is an American billionaire hedge fund manager, activist, investor, and philanthropist, with a net worth of $3.5 billion. His hedge fund, Elliott Management Corporation (EMC), specializes in distressed debt acquisitions, the reason he is called a ‘Vulture Capitalist’. Singer is also the founder and CEO of NML Capital Limited, a Cayman Islands company. "
A simple google search "NML Capital Singer ceo"
I've been certain from the beginning that Alito leaked the Dobbs decision himself, in order to give the anti-abortion crowd time to get THEIR anti-abortion legislation together and ready to ram through.
I have no respect for the Supreme court. Thomas and Alito should resign or be removed from the court.