Commentary: Left is Using Supreme Court Commission to Change Court’s Decisions, Not to Improve It

U.S. Supreme Court

Today, President Joe Biden signed an executive order creating the Presidential Commission on the Supreme Court of the United States. The White House announcement and the members chosen for this commission raise serious questions about its real purpose and concerns about its impact on the independence of the judiciary.

The most obvious question is why the Supreme Court needs to be examined at all. The simple answer is that the left wants a judiciary in general, and a Supreme Court in particular, that is likely to decide cases that will further a leftist political agenda.

Results that are politically correct—not judicially correct—are what matter to the left, and the left is not satisfied with the current Supreme Court’s decisions of late. Therefore, it wants to create one in its own image.

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Liberal Activists Pressure Justice Breyer to Retire Because He’s Against Court-Packing

Justice Breyer

Liberal activists increased calls for Supreme Court Justice Stephen Breyer to step down Friday after he spoke out against packing the court.

Breyer spoke with Harvard Law School Students earlier this week and warned them that packing the court could negatively affect the United States rule of law.

“Proposals have been recently made to increase the number of Supreme Court justices. I’m sure that others will discuss related political arguments,” he said, Fox News reported. “This lecture reflects my own effort to be certain that those who are going to debate these questions … also consider an important institutional point. Consider it. Namely, how would court packing reflect and affect the rule of law itself?”

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Commentary: Running Out of Choices on Tech Monopolies

It is not often that a concurring opinion of the Supreme Court calls for in-depth comment, but Justice Thomas’ opinion, in Joseph R. Biden Hr., President of the United States, et al v. Knight First Amendment Institute at Columbia University, et al., is an exception.

The case arises out of the suit by Knight First Amendment Institute at Columbia University against former president Donald Trump. Knight sued Donald Trump on First Amendment grounds for blocking Knight from accessing the comment thread of Trump’s Twitter feed.

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Michigan Think Tank Asks U.S. Supreme Court to Hear Union Agency Fee Case

The Mackinac Center Legal Foundation submitted a writ of certiorari to the U.S. Supreme Court Monday for Rizzo-Rupon v. International Association of Machinists and Aerospace Workers.

The Midland-based foundation seeks to extend First Amendment protections to employees who have been unionized under the Railway Labor Act, which covers railway and airline employees.

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Biden Admin Won’t Consider Limiting Immigration for Migrants Who Will Depend on Government Benefits

The Biden administration told the Supreme Court Tuesday it will not seek to expand the Trump-era decision to limit immigration for migrants who will depend on government benefits, NBC News reported.

The Department of Homeland Security under the Trump administration was working to expand the definition of “public charge” to include denying admission to migrants who might rely primarily on government benefits as a source of income, NBC News reported. Any migrant needing government assistance for over one year in any three-year period would have been included in the expanded definition.

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Supreme Court Sides with Student Whose Christian Beliefs Were Suppressed by Georgia College Campus

In a rare nearly-unanimous decision, the Supreme Court sided with a Christian college student whose right to freedom of expression and freedom of religion were initially silenced by his college campus in Georgia, as reported by ABC News.

The 8-1 decision was led by Justice Clarence Thomas, with Chief Justice John Roberts being the sole dissenting vote. Writing for the majority, Justice Thomas said that Chike Uzuegbunam, an African-American Evangelical Christian, can seek nominal damages from Georgia Gwinnett College, after officials at the school told him he was not allowed to hand out Christian literature on the campus’s “free speech zone.” This comes even after the school reversed course from its initial restrictions, and after Uzuegbunam ultimately graduated.

“It is undisputed that he experienced a complete violation of his constitutional rights when respondents enforced their speech policies against him,” Thomas wrote. “Because ‘every violation [of a right] imports damage,’ nominal damages can redress Uzuegbunam’s injury even if he cannot or chooses not to qualify that harm in economic terms.”

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Supreme Court to Hear First of Many Election-Related Lawsuits After 2020 Election

In the aftermath of the 2020 election, numerous bills introduced in state legislatures across the country are most likely heading for the same place: The Supreme Court, where they will be scrutinized under the Voting Rights Act of 1965. The first of many such cases will begin on Tuesday, according to ABC News.

After widespread voter fraud in multiple key swing states that some say may have been enough to change the outcome of the election in favor of Joe Biden and other Democrats, over 250 bills have been introduced across 43 states, aimed at such measures as reducing voter fraud, restricting vote-by-mail, and requiring some form of photographic ID in order to vote. The Brennan Center for Justice, a far-left advocacy group, has falsely claimed that such bills are attempting to suppress non-White voters.

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Commentary: The Pennsylvania Case Is Not Only About Trump

The Supreme Court has always been an anomaly in our democratic republic. This now-powerful body meets in secret, wears uniforms, and has life tenure. The nine-member court has issued rulings explaining how Americans need to alter their views about everything from sex to taxes, affecting the rights of presidents and of prisoners. Recent Republican nominees to the court have been the unjustified targets of fierce fights, with Democrats making wild charges and ad hominem attacks. Of course, Joe Biden and his crew have put the court on notice that they will pack it, when given the excuse. 

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Justices Thomas, Alito, and Gorsuch Blast Supreme Court’s ‘Inexplicable’ Refusal to Hear Pennsylvania Election Lawsuit

by Debra Heine   The Supreme Court on Monday struck down a Republican challenge over absentee ballots received up to three days after Election Day in Pennsylvania. Republicans in the Keystone State had sought to block a state court ruling that allowed the Nov. 6  deadline extension in the 2020…

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Growing Chorus of Lawmakers Join Effort to Prevent Packing Supreme Court

An organization dedicated to preserving the independence of the U.S. Supreme Court reports it has won several large victories in the past week.

Keep Nine said in a statement that Republican Gov. Doug Ducey of Arizona has endorsed its work, making him the first governor to do so.

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Google Suspends Ads for Bipartisan Supreme Court Advocacy Group

A bipartisan group that advocates for an independent Supreme Court is crying foul after Google allegedly refused to place their online advertisements. 

“Keep Nine, a bipartisan organization that advocates for an independent Supreme Court,has had its Google ads suspended in an arbitrary move by the website,” ValueWalk reported. “According to Google, the ad was disapproved because of a ‘Sensitive Event’ surrounding the election, that event being Joe Biden’s inauguration as president Wednesday.”

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Supreme Court Sides with Trump Admin, Says Abortion Pills Can’t Be Dispensed by Mail

The United States Supreme Court reinstated a requirement Tuesday that women seeking to obtain abortion pills must pick up the pills in person from a hospital or medical office rather than receiving them by mail.

The case is the Supreme Court’s first ruling on abortion since Associate Justice Amy Coney Barrett joined the court, the New York Times reported, and the three liberal justices dissented.

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Arizona Lawmaker Introduces First-Ever Resolution Against Court-Packing

A newly-elected member of the Arizona House of Representatives Tuesday announced a resolution calling for a Constitutional amendment against court-packing.

“Democrats’ stated intentions to abuse our nation’s constitutional separation of powers by packing the Supreme Court are not merely an assault on the rule of law, they are a blatant attempt to politicize the world’s most respected legal body,” State Representative-Elect Jake Hoffman (R-AZ-12) said in a press release. “Protecting the independence and integrity of the United States Supreme Court is an ethical and moral imperative that rises to a level of public policy importance rivaled by few other issues.”

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Republican National Committee Announces Support of ‘Keep Nine Amendment’ to Prevent Packing of Supreme Court

The Republican National Committee (RNC) has come out in support of the proposed “Keep Nine Amendment” that, if enacted, would prevent packing the U.S. Supreme Court.

The Resolutions Committee adopted the resolution of support, the RNC said in a statement Friday.

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Supreme Court Rules Against Counting Illegal Immigrants for Congressional Redistricting

The U.S. Supreme Court dismissed a challenge to President Donald Trump’s plan to not include illegal immigrants living in the U.S. in the count to determine congressional districts, Reuters reported Friday.

The court ruled 6-3 against a lawsuit attempting to block Trump’s plan to exclude illegal immigrants from the count, Reuters reported.

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Texas Electors Pass Resolution Condemning Supreme Court Ruling as GOP Electors Cast Votes for Trump in Five Swing States

Presidential electors met across the U.S. Monday to cast their vote for president and vice president. In Austin, while Texas electors cast their vote for President Donald Trump, they also approved a resolution to “condemn the lack of action by the United State Supreme Court” for refusing to hear a lawsuit brought against four states by Texas Attorney General Ken Paxton.

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Georgia Senate Republican Caucus Seats Sixteen Trump Electoral College Delegates in Case SCOTUS Rules Out Biden Victory

The Georgia Senate Republican Caucus on Monday seated 16 electors for President Donald Trump, State Senator Brandon Beach (R-GA-21) told the Georgia Star News.

The seating of the electors is in the event that the U.S. Supreme Court does not certify Georgia for Joe Biden, Beach told The Star News.

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Arizona GOP Appeals Election Overturn Attempt to U.S. Supreme Court

The state chapter of the Republican Party is asking the nation’s highest court to consider its challenge to Arizona’s election results that was summarily rejected by other judges.

In the case, Kelli Ward, Arizona GOP chairwoman and plaintiff, posted a video Friday to Twitter announcing the appeal. 

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Following Court Losses, Giuliani Says Legal Team Moves to ‘Plan B,’ State-Level Lawsuits

Trump lawyer Rudy Giuliani on Saturday revealed that the president’s legal team is planning to open a new front of election challenges following the Supreme Court’s rejection yesterday of a Texas lawsuit meant to challenge the race’s results in key battleground states.

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U.S. Supreme Court Rejects Texas’ Lawsuit Seeking to Block Four Swing State Electors from Voting for President

by Dan McCaleb   The U.S. Supreme Court on Friday rejected the state of Texas’ lawsuit seeking to overturn presidential election results in four key swing states. “The State of Texas’ motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution,”…

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106 GOP Members File Amicus Brief in Texas SCOTUS Election Lawsuit

A total of 106 House Republicans on Thursday filed an amicus brief with the U.S. Supreme Court in support of the plaintiffs in Texas v. Pennsylvania, et al, including Tennessee’s U.S. Representatives Mark Green, Tim Burchett, Chuck Fleischmann, David Kustoff, John Rose, with U.S. Rep. Mike Johnson (R-LA-04) taking the lead.

U.S. Rep. Mark Green (R-TN-07) tweeted, “100+ House Republicans and I have filed a brief urging the Supreme Court to hear the Texas case. The election for the presidency of the United States is too important to not get right.”

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Eighteen States File Brief at the Supreme Court in Support of Texas Lawsuit Challenging 2020 Election

Seventeen U.S. states filed a brief at the U.S. Supreme Court on Wednesday supporting the Texas lawsuit challenging the 2020 election results. [Arizona has now filed a brief in support of the lawsuit bringing the number of states to 18. Seen update below].

“In the context of a Presidential election, state actions implicate a uniquely important national interest, because the impact of the votes cast in each State is affected by the votes cast for the various candidates in other States,” the brief states. “For the President and the Vice President of the United States are the only elected officials who represent all the voters in the Nation.”

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Commentary: Will This Texas Lawsuit Overturn the 2020 Election?

In a lawsuit filed Monday before the U.S. Supreme Court, the state of Texas accuses four states currently “won” by Joe Biden of using the COVID-19 pandemic as an excuse to violate the Electors Clause and the 14th Amendment. Texas Attorney General Ken Paxton is suing Pennsylvania, Georgia, Michigan, and Wisconsin for usurping the sole authority of state legislatures to create election law and charges that millions of absentee ballots were unlawfully processed by local election officials.

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Supreme Court Rejects Pennsylvania GOP Effort to Block Election Certification in State

The Supreme Court on Tuesday rejected a Pennsylvania GOP effort to halt the certification of the 2020 presidential election in that state, dealing a potentially fatal blow to efforts by Republicans to bring before the high court a constitutional argument regarding mail-in voting there.

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Texas Files Lawsuit Directly to Supreme Court Challenging Election Results in Four States

In a novel legal strike, the state of Texas has asked the Supreme Court to invalidate the election results in Michigan, Wisconsin, Pennsylvania and Georgia, arguing officials in those four battleground states violated the Constitution by making changes to how ballots were cast and counted without legislative approval.

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Warnock Would Be ‘Rubber Stamp’ for Democratic Agendas Including Packing Supreme Court, Senator Loeffler’s Campaign Says

Raphael Warnock would be a “rubber stamp” for radical Democratic agendas that include packing the Supreme Court, the campaign for U.S. Senator Kelly Loeffler (R-GA) said.

Loeffler’s campaign on Monday rapped Warnock for repeatedly deflecting questions on the topic.

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Legislatures in States Like Georgia Could Name Electoral College Electors, Giuliani Says

Rudy Giuliani, President Donald Trump’s election lawyer, on Sunday laid out a possible path to victory that includes the legislatures in states that include Georgia, as well as the Supreme Court.

The legislatures in states like Georgia could take action voter fraud by naming Electoral College electors, which would likely push the election into the Supreme Court, Rudy Giuliani told Fox News on Sunday. He appeared on Maria Baritomo’s Sunday Morning Futures.

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Supreme Court to Hear Arguments on Trump’s Push to Exclude Illegal Aliens from Census Data

The Supreme Court on Monday will hear oral arguments regarding President Donald Trump’s push to exclude illegal aliens from U.S. Census Bureau data.

A Trump victory in the case could alter a state’s population and potentially change its balance of power in the House of Representatives, senior counsel for the Brennan Center, a left-wing group, Thomas Wolf told CNN.

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Supreme Court Battle Looming After Pennsylvania Judge Dismisses Election Fraud Lawsuit

A federal judge in Pennsylvania dismissed the president’s “meritless” election fraud lawsuit on Friday, leaving the door open for an appeal before the U.S. Supreme Court. 

Third U.S. Circuit Court of Appeals Judge Stephanos Bibas said arguments made by Rudy Giuliani, the president’s personal lawyer, that fraudulent mail-in ballots in Philadelphia tipped the scales for former Vice President Joe Biden were unsubstantiated.

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Supreme Court Calls New York’s COVID-19 Restrictions ‘Discriminatory,’ Sides with Religious Leaders

The Supreme Court late Wednesday night sided with religious organizations challenging Gov. Andrew Cuomo’s coronavirus restrictions and called the New York Democrat’s measures “discriminatory” in its injunction for emergency relief.

The conservative justices, including Justice Amy Coney Barrett, favored the religion organizations in the 5-4 ruling, while Chief Justice John Roberts sided with the liberal justices. It was the first time Barrett was a deciding factor as the court’s newest justice after replacing the late Ruth Bader Ginsburg.

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Commentary: How This Presidential Race Ends

It is obvious the presidential drama is not going to be resolved until early December. There will be litigation and recounts and the real possibility that this election ends up in the Supreme Court.

The Democrats are trying to steal the election. It is blatant and they aren’t even trying to hide it. Ballots are being discovered late in important states where Democrats hold the governor’s office. Amazingly, these ballots are all seeming to break for Biden. In Pennsylvania and in Michigan, Republican poll watchers are being ejected or denied entry to observe the count.

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Commentary: A DOJ Roadblock to America’s Big Tech Beatdown?

It’s safe to say that Big Tech hasn’t had a great month.

Google received a beating at the Supreme Court for allegedly stealing the coding needed to create Android. Congress subpoenaed Facebook and Twitter for deliberately blocking news coverage potentially damaging to one political party — a move that culminated in a high-profile hearing yesterday. And now, the Department of Justice has charged Google with illegally maintaining its search and advertising monopoly.

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SCOTUS to Hear Arguments in Five Cases in First Week of November

On Nov. 2, 2020, the Supreme Court of the United States will begin its November sitting. All arguments during its November and December sittings will be conducted via teleconference with live audio. The court made the decision to hold proceedings this way in accordance with public health guidance in response to COVID-19.

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Rep. Steve Cohen and Democrats Accuse White House Press Secretary of Violating Hatch Act

Representative Steve Cohen (D-TN) and other Democrats have accused White House Press Secretary Kayleigh McEnany of violating the HATCH Act. Cohen retweeted an article from The New York Times that accused McEnany of breaking the law.
“Kayleigh McEnany’s violations of the #HatchAct would be a scandal in any other administration,” wrote Cohen. “Grifters and miscreants. Utterly appalling. #CultureOfCorruption”

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Commentary: A Biden Court-Packing Plan Could Be Worse Than FDR’s

Still fighting off the tail-end of the Great Depression, Americans gave President Franklin Delano Roosevelt a landslide victory over Republican challenger Alf Landon in 1936. Roosevelt, keen to see his New Deal legislation brought to fruition, was frustrated again and again by the Supreme Court. 

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Justices Deny Fast, New Look at Pennsylvania Ballot Deadline

The Supreme Court on Wednesday said it would not grant a quick, pre-election review to a new Republican appeal to exclude absentee ballots received after Election Day in the presidential battleground state of Pennsylvania, although it remained unclear whether those ballots will ultimately be counted.

The court’s order left open the possibility that the justices could take up and decide after the election whether a three-day extension to receive and count absentee ballots ordered by Pennsylvania’s high court was proper.

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Commentary: With Justice Amy Coney Barrett Confirmed, Will Joe Biden Pack the Supreme Court If He Wins?

The U.S. Senate has confirmed Justice Amy Coney Barrett to the U.S. Supreme Court by a vote of 52 to 48, creating a new 6 to 3 majority of Republican-appointed justices on the nation’s highest court—and the Democratic Party is in an absolute panic over the outcome.

Almost as soon as Ruth Bader Ginsburg passed away, Democrats were already threatening to abolish the filibuster in order to amend the Judiciary Act of 1869 and pack the Supreme Court — increasing the threshold way beyond the current nine justices set by law.

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‘Charges of a Rigged Election Could Explode’: Wisconsin Can’t Count Late Ballots, Supreme Court Rules

The Supreme Court upheld a lower court ruling Monday night in a 5-3 vote, prohibiting the State of Wisconsin from counting mail-in ballots that arrive days after the election.

Voting rights groups, state and national Democratic parties and the League of Women voters sought to extend ballot counting in Wisconsin, according to NBC News. They argued that the coronavirus pandemic presents challenges to voters who wish to vote by mail, but the Supreme Court ruled that citizens have plenty of options if they wish to vote.

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Sorority Apologizes for Congratulating Amy Coney Barrett

The Kappa Delta sorority deleted and apologized for a congratulatory message for Amy Coney Barrett, who was a member of the sorority during her time at Rhodes College.

The sorority tweeted an image of a statement, saying “KD alumna Amy Coney Barrett was nominated to serve on the Supreme Court. While we do not take a stand on political appointments, we recognize Judge Coney Barrett’s significant accomplishment. We acknowledge our members have a variety of views and a right to their own beliefs.”

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U.S. Senate Confirms Barrett to Supreme Court, Giving Conservatives a 6-3 Majority

The U.S. Senate confirmed Amy Coney Barrett to be an associate justice on the nation’s highest court Monday. 

Barrett fills the vacancy of the late Supreme Court Justice Ruth Bader Ginsburg, who died in September at the age of 87 from complications of metastatic pancreatic cancer. 

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Senate Votes to Advance Barrett; Confirmation Expected Monday

Senate Republicans voted overwhelmingly Sunday to advance Supreme Court nominee Amy Coney Barrett toward final confirmation despite Democratic objections, just over a week before the presidential election.

Barrett’s confirmation on Monday was hardly in doubt, with majority Republicans mostly united in support behind President Donald Trump’s pick. But Democrats were poised to keep the Senate in session into the night in attempts to stall, arguing that the Nov. 3 election winner should choose the nominee to fill the vacancy left by the late Justice Ruth Bader Ginsburg.

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Almost Two in Three Voters Oppose Biden Packing the Supreme Court, Poll Finds

Nearly two in three voters say they oppose 2020 Democratic presidential candidate Joe Biden adding more Supreme Court justices if he is elected, according to a poll exclusively obtained by the Daily Caller News Foundation.

The Marist poll, sponsored by the pro-life Susan B. Anthony List, found that 61% of voters oppose Biden packing the court. This number includes 63% of Independents and 31% of Democrats.

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Amy Coney Barrett Has More Support Than Any Other Trump Supreme Court Nominee, Poll Shows

Supreme Court nominee Amy Coney Barrett has more support than either of President Donald Trump’s previous nominees, a poll released Wednesday found.

A Morning Consult poll released Wednesday found that 51% of voters said the Senate should confirm Barrett, numbers which have risen three percentage points from last week. The poll surveyed 1,994 voters between October 16 and October 18  with a 2-point margin of error.

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Justices to Weigh Trump Census Plan to Exclude Noncitizens

The Supreme Court agreed Friday to take up President Donald Trump’s policy, blocked by a lower court, to exclude people living in the U.S. illegally from the census count that will be used to allocate seats in the House of Representatives.

Never in U.S. history have immigrants been excluded from the population count that determines how House seats, and by extension Electoral College votes, are divided among the states, a three-judge federal count said in September when it held Trump’s policy illegal.

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Supreme Court Declines to Hear Tennessee’s Challenge to Federal Refugee Resettlement Program

The U.S. Supreme Court said this week it will not hear Tennessee’s challenge of the federal refugee resettlement program, which claimed it violated the 10th Amendment.

Tennessee’s Republican-led government had asked for the review, The Associated Press reported. The court filed its denial earlier, letting a lower court ruling stand.

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GOP Pushes Barrett’s Nomination Ahead, Dems Decry ‘Sham’

Judge Amy Coney Barrett’s Supreme Court nomination cleared a key hurdle Thursday as Senate Judiciary Committee Republicans powered past Democrats’ objections in the drive to confirm President Donald Trump’s pick before the Nov. 3 election.

The panel set Oct. 22 for its vote to recommend Barrett’s nomination to the full Senate for a final vote by month’s end.

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Commentary: If Republican Senators Were Like Crazy Mazie

As I emerged from the Jewish Holy Season, marking the beginning of Year 5781 since Creation, I was jolted from the spirituality and meaningfulness of Sukkot, Sh’mini Atzeret, and Simchat Torah into the reality of the New Filth that permeates American politics. The media like to blame the president for the degradation, but he is not the cause. He is the response and the reaction.

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Commentary: The Clarence Thomas-ing of Amy Coney Barrett

Former Vice President Joe Biden blurted out this reality not long ago when he told a black talk-show host that “if you’re for Trump you ain’t black.”

But as Judge Amy Coney Barrett is finding out this week, the idea of blacks as political property on the liberal plantation isn’t limited to blacks — it also includes women. (And, for that matter, Hispanics and gays.)

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