Jonathan Freedland on ‘We’re becoming inured to Trump’s outbursts – but when he goes quiet, we need to be worried’

Old Socialist on the very elastic political standards of Jonathan Freedland & Fellow Travelers!

stephenkmacksd.com/

Jul 13, 2025

Headline: We’re becoming inured to Trump’s outbursts – but when he goes quiet, we need to be worried

Sub-headline: Across the US, without soundbites or stunts, the president is building a police state and eroding democracy

https://www.theguardian.com/commentisfree/2025/jul/11/donald-trump-us-police-state-democracy

Editor: The first three paragraphs from Freedland’s diatribe:

In the global attention economy, one titan looms over all others. Donald Trump can command the gaze of the world at a click of those famously short fingers. When he stages a spectacular made-for-TV moment – say, that Oval Office showdown with Volodymyr Zelenskyy – the entire planet sits up and takes notice.

But that dominance has a curious side-effect. When Trump does something awful and eye-catching, nations tremble and markets move. But when he does something awful but unflashy, it scarcely registers. So long as there’s no jaw-dropping video, no expletive-ridden soundbite, no gimmick or stunt, it can slip by as if it hadn’t happened. Especially now that our senses are dulled through over-stimulation. These days it requires ever more shocking behaviour by the US president to prompt a reaction; we are becoming inured to him. Yet the danger he poses is as sharp as ever.

Consider the events of just the last week or so, few of them stark enough to lead global news bulletins, yet each one another step towards the erosion of democracy in and by the world’s most powerful country.

https://www.theguardian.com/commentisfree/2025/jul/11/donald-trump-us-police-state-democracy


Editor: This Reader can’t quite forget Friedman’s attack on Jeremy Corbyn of Wed 1 May 2019! Columnist Daniel Finkelstein does the the heavy lifiting, while Freedland maitaines safety in distance!

Headline: Jeremy Corbyn is either blind to antisemitism – or he just doesn’t care

Sub-headline: Labour’s leader may claim he didn’t see the racism in JA Hobson’s book. But can the party indulge that delusion?

https://www.theguardian.com/commentisfree/2019/may/01/jeremy-corbyn-blind-antisemitism-hobson

On the contrary, the bit Corbyn praised as “correct and prescient” was, in his words, “Hobson’s railing against the commercial interests that fuel the role of the popular press,” which appears squarely in the section where Hobson’s target is “this little group of financial kings”, these “cosmopolitan” men who he had already identified as Jews. (The chapter, incidentally, is called “Economic Parasites of Imperialism,” with “parasites” an image recurrent in anti-Jewish propaganda.) This is not a mere aside by Hobson that might accidentally be overlooked in a skim-read by a busy politician. There are pages and pages of it.

No one is arguing that Corbyn was obliged to denounce the whole book. He could simply have nodded to the problem with a tiny caveat: something like, “Despite some passages that read uncomfortably to the modern ear …” But there is nothing like that. He might have made the move Finkelstein himself made when writing recently about Churchill, in a column headlined: “Winston Churchill was a racist but still a great man”. Corbyn could have said something similar about Hobson or his book. But he didn’t do that either. A Labour spokesman has said that: “Jeremy completely rejects the antisemitic elements of [Hobson’s] analysis.” But if that’s true, why did he not say so when he wrote about it?

Perhaps the Labour leader’s explanation will be the same one he offered for his defence of a mural depicting hook-nosed, Jewish bankers playing Monopoly on the backs of the poor: that he simply did not see the racism. But in the Hobson text, it’s there in black and white. It would be very hard to miss, especially if you’re a “lifelong anti-racist” as Corbyn always insists he is. But perhaps that will be what he’ll say: that he couldn’t see the racism even when it stared him in the face. Because the only other explanation available is that he didn’t object to this part of Hobson’s analysis – as he did to other parts, describing one element of the book as “strange” – because he didn’t see anything wrong with it.

We all know that it’s painful to admit flaws in those we admire. Corbyn should have done it about Hobson, but did not. Now that task falls to Labour MPs, members, supporters and voters. The Labour leader may tell himself that he is the victim here, a serially unlucky anti-racist who means well, but keeps overlooking racism against Jews even when it’s right in front of him, whether on the platforms he shares or the books he praises. Now the rest of the Labour family have to decide how much longer they are willing to indulge that delusion.

Editor: Friedland in his concluding paragraphs argues: ‘No one is arguing that Corbyn was obliged to denounce the whole book’. It’s a throwaway line, that refies the statement!


https://www.theguardian.com/news/2019/nov/19/corrections-and-clarifications

On 8 November, the politics live blog republished a tweet by the Guardian columnist Jonathan Freedland that wrongly stated that a shortlisted Labour parliamentary candidate, Councillor Majid Mahmood, had been fined over antisemitic comments made on Facebook. In fact, Mr Freedland confused individuals, both solicitors with the same name, and we are happy to confirm that Councillor Majid, who sits for Labour on Birmingham city council, has not been so fined. We apologise to Councillor Majid for the error and any damage that it has caused him.


Headline: Review: Dangerous Hero: Corbyn’s Ruthless Plot for Power by Tom Bower — portrait of a monomaniac

Sub-headline: If Jeremy Corbyn became prime minister, he would easily be the most dangerous, most indolent and least intelligent holder of the office in history

https://www.thetimes.com/culture/books/article/review-dangerous-hero-corbyns-ruthless-plot-for-power-by-tom-bower-portrait-of-a-monomaniac-8x0spp3d8?region=global

Review by

Dominic Sandbrook

Sunday February 24 2019, 12.01am GMT, The Sunday Times

his is one of the most depressing books I have ever read. It is a forensically detailed portrait of a man with no inner life, a monomaniac suffused with an overwhelming sense of his own righteousness, a private schoolboy who failed one A-level and got two Es in the others, a polytechnic dropout whose first wife never knew him to read a book.

It is the story of a man who does not appear to have gone to the cinema or listened to music, takes no interest in art or fashion and refused to visit Vienna’s magnificent Schönbrunn Palace because it was “royal”. It tells how he bitterly opposed the Anglo-Irish Agreement, deeply regretted the fall of the Berlin Wall and praised the men who attacked New York on September 11, 2001, for showing an “enormous amount of skill”. In some parallel universe, this man would currently be living in well-deserved obscurity. In reality, Jeremy Corbyn is the leader of Her Majesty’s opposition and the bookmakers’ favourite to become our next prime minister.

For the veteran biographer Tom Bower, whose previous subjects include Mohamed al-Fayed, Richard Branson, Simon Cowell, Tony Blair and Prince Charles, Corbyn is the easiest target imaginable. The details of his life are well known. Born in 1949, the son of a skilled engineer and a maths teacher, he was brought up in a large 17th-century farmhouse in Shropshire called Yew Tree Manor. At school he was a loner and an underachiever, so lazy that his headmaster told him: “You’ll never make anything of your life.”

Editor: The above is pure agitprop! Yet The Economist manages to even surpass the Friedland Jeremy Corbyn political hysterics!

Leaders | Britain’s Labour Party

Backwards, comrades!

Jeremy Corbyn is leading Britain’s left into a political timewarp. Some old ideological battles must be re-fought

Sep 19th 2015|5 min read

BEFORE he had finished belting out his first celebratory rendition of “The Red Flag”, a hymn to class struggle, some of Jeremy Corbyn’s colleagues in Labour’s shadow cabinet had already handed in their resignations. A 66-year-old socialist, Mr Corbyn has spent 32 years as one of the hardest of hardline left-wingers in the House of Commons and a serial rebel on the Labour backbenches. On September 12th he flattened three moderate rivals (see article) to become leader of Britain’s main opposition party. Labour MPs are stunned—and perhaps none more so than Mr Corbyn himself.

Two views are emerging of Labour’s new leader. The more sympathetic is that, whatever you think of his ideology, Mr Corbyn will at least enrich Britain by injecting fresh ideas into a stale debate. Voters who previously felt uninspired by the say-anything, spin-everything candidates who dominate modern politics have been energised by Mr Corbyn’s willingness to speak his mind and condemn the sterile compromises of the centre left. The other is that Mr Corbyn does not matter because he is unelectable and he cannot last. His significance will be to usher in a second successive Conservative government in the election of 2020—and perhaps a third in 2025.

Both these views are complacent and wrong. Mr Corbyn’s election is bad for the Labour Party and bad for Britain, too.

Cowards flinch and traitors sneer

Start with the ideas. In recent decades the left has had the better of the social arguments—on gay rights, say, or the role of women and the status of the church—but the right has won most of the economic ones. Just as the Tory party has become more socially liberal, so, under Neil Kinnock and then Tony Blair, Labour dropped its old commitment to public ownership and accepted that markets had a role in providing public services. Mr Blair’s government put monetary policy in the hands of an independent Bank of England and embraced the free movement of people and goods within Europe.

The argument today has moved on—to the growing inequality that is a side-effect of new technology and globalisation; to the nature of employment, pensions and benefits in an Uberising labour market of self-employed workers (see article); and to the need for efficient government and welfare systems. Fresh thinking on all this would be welcome—indeed it should be natural territory for the progressive left. But Mr Corbyn is stuck in the past. His “new politics” has nothing to offer but the exhausted, hollow formulas which his predecessors abandoned for the very good reason that they failed.

Only in the timewarp of Mr Corbyn’s hard-left fraternity could a programme of renationalisation and enhanced trade-union activism be the solution to inequality. If just spending more money were the secret of world-class public services, Britain, which cut almost 1m public-sector jobs in the previous parliament, would have been a cauldron of discontent. In fact voters’ satisfaction with public services rose. If you could create macroeconomic stability by bringing the Bank of England back under the government’s thumb, then Britain would not have spent the post-war decades lurching from politically engineered booms to post-election busts.

Time and again, Mr Corbyn spots a genuine problem only to respond with a flawed policy. He is right that Britain sorely lacks housing. But rent controls would only exacerbate the shortage. The previous Conservative/Liberal Democrat coalition government should indeed have been less austere. It could have boosted demand by spending more on infrastructure. But Mr Corbyn’s notion of “people’s QE”—getting the Bank of England to print money to pay for projects—threatens to become an incontinent fiscal stimulus by the backdoor (rather than serve as an unorthodox form of monetary policy when interest rates are at zero). There is no denying that young people have been harmed by Tory policies that favour the old. But scrapping university-tuition fees would be regressive and counterproductive. For proof, consider that in England more poor students go to university than when higher education was free, whereas in Scotland, whose devolved government has abolished tuition fees, universities are facing a funding crisis and attract no more poor students than they did.

To see where Mr Corbyn’s heart lies, you have only to look at the company he has kept. He admires the late Hugo Chávez for his legacy in Venezuela. No matter that chavismo has wrecked the economy and hollowed out democracy. He indulges Vladimir Putin’s authoritarian kleptocracy in Russia and blames NATO for provoking its invasion of Ukraine. He entertains Hamas, which has repeatedly used violence against Israel and admires Syriza, the radical left party that has governed Greece with almost unmatched incompetence. Yet he is stridently anti-American, anti-Israel and anti-NATO and quietly anti-European Union (apparently, it’s a free-market conspiracy—see article). He even scolded China’s Communist Party for its free-market excesses.

To argue that Mr Corbyn’s ideas will improve the quality of political discourse in Britain just because they are different is about as wise as Mr Corbyn’s refusal this week to sing the national anthem at a service to commemorate the Battle of Britain. Policies this flawed will crowd out debate, not enrich it.

The Corbyn of history

Perhaps that doesn’t matter. Mr Corbyn had no expectation of winning the leadership, and for a man who has never had to compromise, the drudgery of party management, media appearances and relentless scrutiny must be a hardship. Even if he is not pushed, he may not choose to stay for long.

Yet the leader of the opposition is one Tory meltdown away from power. Even if Mr Corbyn fails ever to become prime minister, as is likely, he will still leave his mark on the Labour Party. The populism and discontent that brought him the leadership will not just subside. The loathing of Westminster that he represents and the fantasies that he spins will make the task for the next centrist Labour leader all the harder. There is nothing to celebrate about Mr Corbyn’s elevation. For Britain, it is a grave misfortune.

Old Socialist

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Published Jan. 16, 2015: Gillian Tett on ‘A Debt To History’

Political Observer on the value of truth telling!

stephenkmacksd.com/

Jul 13, 2025


As the crucial election looms in Greece later this month, newspapers have been full of pictures of demonstrations (or riots) in Athens. But there is another image hovering in my mind: an elegant dining hall on the shores of Lake Lucerne in Switzerland. Last summer I found myself in that spot for a conference, having dinner with a collection of central bank governors. It was a gracious, majestic affair, peppered with high-minded conversation. And as coffee was served, in bone-china crockery (of course), Benjamin Friedman, the esteemed economic historian, stood up to give an after-dinner address. The mandarins settled comfortably into their chairs, expecting a soothing intellectual discourse on esoteric monetary policy. But Friedman lobbed a grenade.

“We meet at an unsettled time in the economic and political trajectory of many parts of the world, Europe certainly included,” he began in a strikingly flat monotone (I quote from the version of his speech that is now posted online, since I wasn’t allowed to take notes then.) Carefully, he explained that he intended to read his speech from a script, verbatim, to ensure that he got every single word correct. Uneasily, the audience sat up.

For a couple of minutes Friedman then offered a brief review of western financial history, highlighting the unprecedented nature of Europe’s single currency experiment, and offering a description of sovereign and local government defaults in the 20th century. Then, with an edge to his voice, Friedman pointed out that one of the great beneficiaries of debt forgiveness throughout the last century was Germany: on multiple occasions (1924, 1929, 1932 and 1953), the western allies had restructured German debt.

So why couldn’t Germany do the same for others? “There is ample precedent within Europe for both debt relief and debt restructuring . . . There is no economic ground for Germany to be the only European country in modern times to be granted official debt relief on a massive scale and certainly no moral ground either.

“The supposed ability of today’s most heavily indebted European countries to reduce their obligations over time, even in relation to the scale of their economies, is likely yet another fiction,” he continued, warning of political unrest if this situation continued.

There was a frozen silence. Indeed, the room was so stunned that when the conference organisers asked for questions, barely anyone moved. Friedman did not name Greece in particular. But everyone knew what he meant. And while central bankers are normally a genteel, collegiate breed who go to great lengths to avoid causing any offence to each other, Friedman had exposed a deep divide.


To many of the Germans and representatives of other northern European nations present that night, it seemed outrageous — if not immoral — for anyone to suggest that Greece’s debts be written off. After all, they muttered over their coffee, Athens was mired in years of corruption and bureaucratic incompetence, if not fraud. “How can you forgive debt when a country has a retirement age of 50?” one official observed.


Officials from Europe’s periphery nations were even more indignant. To them, Germany faced a moral duty to help places such as Greece, given the aid that it had previously enjoyed (and which Friedman so obligingly listed). In any case, with a debt to GDP ratio reaching 175 per cent, it seemed impossible to see how the country could ever pay off its debts — even if it tried.

Either way, what became clear that night was that the question of how to handle Greece is a deeply emotional issue, not just a matter of economics — even (or especially) among central bankers. In one sense, that is no surprise.


As David Graeber noted in his seminal book Debt: The First 5,000 Years, credit is a social and political construct. And whenever societies have operated in the past with few constraints on how much credit they can create, this has invariably caused debt to spiral until it either triggered social implosions or the society has used rituals to forgive that debt. In the past, there have been many such safety valves, be it the debt jubilees used in biblical Israel or the practice of “wiping the slate clean” (that recorded debts) in ancient Mesopotamia.


The problem in Europe today, however, is that it is unclear who has the power to wipe the slate clean. For while the western allies had enough control of Germany to restructure its debt after the second world war, power is diffused today in a more muddled and muddied way. Meanwhile, the idea of forgiving debt has acquired so many moral overtones that Americans struggle to accept mortgage write-offs, as the economists Atif Mian and Amir Sufi note in their recent book House of Debt. And in Europe, Friedman thinks that the mood is so punitive that it is akin to the 19th-century “retributive philosophy” that created debtors prisons. Default is deemed immoral.

But the longer that Greece writhes under that debt burden, the more that passions get inflamed — on all sides. Even inside the sombre halls of central banks. Perhaps it is time for someone to distribute Graeber’s book more widely among Europe’s central bankers. Luckily, it is now available in both German — and Greek.

gillian.tett@ft.com

Political Observer.

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What has happened @TheEconomist!?

Political Observer’s Historical Recollections, of the once ascendant Micklethwait & Wooldridge!

stephenkmacksd.com/

Jul 12, 2025


This reader just has to recall those ‘Best-Seelers’ authored by Micklethwait & Wooldridge. These books were the measuring device of the toxin of Neo-Liberalism , and Bush The Younger’s ‘War on Terror’!


“The Witch Doctors: Making Sense of the Management Gurus” (1996):

“A Future Perfect: The Challenge and Hidden Promise of Globalization” (2000):

“The Company: A Short History of a Revolutionary Idea” (2003):

“The Right Nation: Conservative Power in America” (2005):

“God Is Back: How the Global Revival of Faith Is Changing the World” (2009):

“The Fourth Revolution: The Global Race to Reinvent the State” (2014):

“The Wake-Up Call: Why the Pandemic Has Exposed the Weakness of the West – and How to Fix it” (2020):


Editor: The Economist was once a much more powerful force via Micklethwait & Wooldridge publications. Reading the first paragraphs of this political essay the reader experiences the diminution of the power this newspaper, under the leadership of Zanny Minton Beddoes. Not to speak of the utter vulgarity of the framing and the use of Pop Culture Enterainment as source!


“The Inbetweeners”, a cult sitcom broadcast between 2008 and 2010, has a surprising hold over British politics. It followed the lives of four teenage boys, offering an amusing portrait of the often psychopathic cruelty of British teen boys decades before “Adolescence” did it on Netflix without the jokes. Will McKenzie, a nerdy boy holding a briefcase, arrives at a new school and within seconds is dubbed a “briefcase wanker”.

It is this phrase that lives on in Westminster, which is riddled with millennials who came of age when the sitcom was on screen. The hard left deride Sir Keir Starmer’s party as “Briefcase Labour”—technocratic dweebs more interested in policy than politics. Some mps, meanwhile, complain to the Sunday Times about “ultra loyalist briefcase wankers who have been practising their maiden speeches…since they were ten”. If only. A good government is an alliance between nerds and the jocks who used to bully them at school. In this government, the nerd:jock ratio is off. Far from too many briefcase wankers, Labour has too few.


Editor: That Starmer and his New Labour Party are an utter failure, is beyond doubt! While Jeremy Corbyn’s new party is being attacked by the usual reactinary chatter=boxes! But reader don’t waste your valuable time with the current iteration of the long dead Bagehot! See seek immideate relief with John Crace!

https://www.theguardian.com/profile/johncrace


Editor: The wan Ghost of Bagehot appears in the final paragraph!

Nihilism is growing among Labour’s nerds. Perhaps whatever achievements New Labour managed came about due to a wall of money, rather than all those pdfs. Such pessimism can become self-fulfilling. Labour is the last chance for sweeping incrementalism. Other more chaotic projects are waiting should the party fail. Sir Keir’s project is one of improving the lives of voters—little by little, spreadsheet by spreadsheet—in the hope they will both notice and thank the government. It is an uninspiring vision, but it is all they have. Only the briefcase wankers can save them now.

Political Observer.

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@adamliptak: of the New York Times and unknown ‘free-lance writer’ David Sypher Jr. of ‘The Spectator World’ diagnose the problem of Ketanji Jackson?

Political Dissident comments at lenkth!

stephenkmacksd.com/

Jul 11, 2025

Editor: Mr. Adam Liptack:

@NYT, in the person of @adamliptak takes aim at Ketanji Brown Jackson!

stephenkmacksd.com/

Jul 08, 2025

Headline: Justice Ketanji Brown Jackson Makes Herself Heard, Prompting a Rebuke

Sub-headline: In solo dissents this term, the justice accused the conservative majority of lawless bias. On the term’s last day, Justice Amy Coney Barrett fired back.

Editor: The first paragraphs of Adam Liptak scolding chatter? Steeped in animus toward the newist member of the Court, is unsurprising, this is The New York Times!

Justice Ketanji Brown Jackson wrote just five majority opinions in the Supreme Court term that ended last month, the fewest of any member of the court. But her voice resonated nonetheless, in an unusually large number of concurring and dissenting opinions, more than 20 in all.

Several of them warned that the court was taking lawless shortcuts, placing a judicial thumb on the scale in favor of President Trump and putting American democracy in peril. She called the majority’s opinion in the blockbuster case involving birthright citizenship, issued on the final day of the term, “an existential threat to the rule of law.”

Justice Jackson, 54, is the court’s newest member, having just concluded her third term. Other justices have said it took them years to find their footing, but Justice Jackson, the first Black woman to serve on the court, quickly emerged as a forceful critic of her conservative colleagues and, lately, their approach to the Trump agenda.

Her opinions, sometimes joined by no other justice, have been the subject of scornful criticism from the right and have raised questions about her relationships with her fellow justices, including the other two members of its liberal wing.

Editor: In sum Justice Jackson has overstepped the bounds of deference to the senior members of the Court?


The History of the Neo-Confederate Supreme Court is well Documented, and its holdovers

ConstitutionHuman RightsLost HistoryObama AdministrationPoliticsRight Wing

The Neo-Confederate Supreme Court

February 28, 2013

On Wednesday, the five partisan Republicans on the U.S. Supreme Court showed that they wanted to do their part in devaluing the votes of blacks, Hispanics, Asian-Americans and young urban whites. So the key GOP justices indicated during oral arguments that they are looking for excuses to strike down the heart of the Voting Rights Act.

Right-wing Justice Antonin Scalia shocked the courtroom when he dismissed the Voting Rights Act as a “perpetuation of racial entitlement,” suggesting that the right of blacks to vote was some kind of government handout.

But almost as troubling was the remark from Justice Anthony Kennedy who insisted that the Voting Rights Act, which was first enacted by Congress in 1965 and was renewed overwhelmingly in 2006, was an intrusion on Alabama as an “independent sovereign,” states’ rights language reminiscent of the Old Confederacy.

Indeed, the five Republican justices also including John Roberts, Clarence Thomas and Samuel Alito seem to have absorbed a Neo-Confederate interpretation of the Constitution that is at odds with what the Framers intended.


Editor: Freighted with respectable bourgeois political chatter, here is the would-be ‘Bill of Attainder’ against Justice Jackson, confected by Liptak!

Justice Jackson, who did not respond to a request for comment, has also been a harsh critic of the court’s use of truncated procedures in ruling on emergency applications.

“This fly-by-night approach to the work of the Supreme Court is not only misguided,” she wrote in April, when the court said that Venezuelan men the administration was seeking to deport to El Salvador had sued in the wrong court. “It is also dangerous.”

In a dissent from an emergency ruling in June granting Elon Musk’s Department of Government Efficiency access to sensitive Social Security data, Justice Jackson accused the majority of giving Mr. Trump favored treatment. “What would be an extraordinary request for everyone else,” she wrote, “is nothing more than an ordinary day on the docket for this administration.”

When the court let Mr. Trump lift humanitarian parole protections for more than 500,000 migrants in May, Justice Jackson wrote that the majority had “plainly botched” the analysis, “rendering constraints of law irrelevant and unleashing devastation.”

Justices Jackson and Sotomayor are the only members of the court who have served as trial judges. In the last term, Justice Jackson repeatedly criticized the majority for undermining the authority of their colleagues on the front lines.

In the dissent that prompted Justice Barrett’s rebuke, she decried the majority’s “dismissive treatment of the solemn duties and responsibilities of the lower courts.”

Last year, in a dissent in a public corruption case, Liptak seemed to allude to revelations by ProPublica and others that Justices Clarence Thomas and Samuel A. Alito Jr. had failed to disclose luxury travel provided to them by billionaire benefactors, a strikingly critical swipe on a sensitive topic.

“Officials who use their public positions for private gain threaten the integrity of our most important institutions,” she wrote. “Greed makes governments — at every level — less responsive, less efficient and less trustworthy from the perspective of the communities they serve.”

Editor: How uttery inconveient for a sitting Justice of The Supreme Court , Justice Jackson, to remind the other members of the Court, that she is capable of telling critical evaliations of their corrupt practises?

Political Observer.


Editor: David Sypher Jr.

Ketanji Jackson pushes ideology over the Constitution

Dissent is a sacred tool, not a soapbox.

Thursday, July 10, 2025

When a Supreme Court justice warns that the decisions of her colleagues pose an “existential threat to the rule of law,” it’s not just a legal disagreement – it’s a performance. Justice Ketanji Brown Jackson’s recent dissents, particularly in Trump v. Casa, show a troubling shift in the role of a justice. Instead of offering careful counterpoints rooted in constitutional reasoning, she delivers ideological monologues that sound tailor-made for MSNBC clips and Essence Fest applause lines.

Editor: Who does David Sypher Jr. choose as his champion but the long dead Neo- Confederate Antonin Scalia! This assisted by Even Justice Sotomayor’ that is supposed to represent what an actual ‘dissent might be’ within respectable bourgouise bounds?

This isn’t a critique of dissent itself. Dissent is vital to the integrity of the Court. The late Antonin Scalia built an entire legacy on it – scorching in tone, yes, but always grounded in jurisprudence. Even Justice Sotomayor, who leans progressive, typically stays within the framework of legal analysis. But Jackson’s dissents feel different. They are often infused with the emotional urgency of a political stump speech rather than the deliberative tone of a judicial opinion. That’s not a matter of style – it’s a matter of purpose.

Editor: Should The Reader look to Korematsu v. United States (1944) and two dissents of Roberts

Korematsu v. United States (1944)

Summary

Korematsu v. United States, 323 U.S. 214 (1944) was a U.S. Supreme Court case that upheld Japanese internment camps. After the attack on Pearl Harbor on December 7, 1941, President Franklin Roosevelt issued Executive Order 9066. Executive Order 9066 resulted in the eviction of thousands of Japanese American children, women, and men from restricted areas in the West Coast and held many of them in internment camps in order of preventing the occurrence of war crimes. Fear and uncertainty manifested among the general American public and the government from the attack. Congress and the Executive acted in response of the public’s concern and targeted individuals of Japanese ancestry as potential war threats. Living during the wartime tension, Fred Korematsu, a Japanese American, tried to live out of trouble. Korematsu would lie about his ethnicity and background saying he was Mexican American in order to avoid governmental exclusion. Korematsu didn’t escape the Executive Order 9066 when he refused to leave his home in San Leandro, California violating Exclusion Order Number 34.

The U.S. Supreme Court ruled in favor of Korematsu’s conviction resulting in him going to a Japanese internment camp. The majority opinion, delivered by Justice Black, justified their ruling by stating that Congress and the Executive have the right to issue military orders that evicted and placed individuals in internment camps based off their Japanese ancestry due to the fact that potential of espionage existing among Japanese Americans outweighed their constitutional rights. This case ruling has been regarded as one of the worst Supreme Court decisions made by many historians due to the lack of civil rights granted to Korematsu. After Korematsu v. United States, Korematsu’s conviction was reversed.

Timeline 1

Background

After the attack on Pearl Harbor on December 7, 1941 by Japanese military, Franklin D. Roosevelt issued Executive Order 9066 on February 16, 1942. The Executive Order allowed United States Military to transport individuals, implying those of Japanese ancestry, to live in designated and restricted areas and issued curfews for the latter group of individuals as a result of wartime prevention and protection. The order did not mention a particular group. It was mostly applied to the Japanese American population. The population was largely located on the West Coast. A Nisei Order was issued which meant that all U.S. born sons and daughters of Japanese immigrants of the southern California terminal island, were ordered to evacuate their homes only bringing what they could carry. After the Pearl Harbor attack, great hostility towards individuals of Japanese ancestry increased in fear of said individuals potentially being spies plotting another attack. The United States suffered immensely from the Pearl Harbor attack and many citizens were terrorized with the image of the attack. The United States President and Congress acted in response to the attack and the political attitude of the the nation’s fear of war and terror. A second executive order was issued on March 18, 1942. This executive order created the War Relocation Authority. This agency was responsible for speeding up the relocation process for Japanese relocation. The evacuees were sent to the Manzanar War relocation center. On May 3, 1942 Fred Korematsu was issued the Exclusion Order Number 34. Korematsu failed to submit to his relocation destination. Consequently, Korematsu was then arrested on May 30 and taken to Tanforan Relocation Center. He was convicted of violating a military order and received a five year probation sentence.

Procedural History

Korematsu appealed to the Ninth Circuit Court of Appeals. His appeal was denied citing that the case doubted whether or not it had jurisdiction to hear the appeal.

After being denied, Korematsu appealed to the Supreme Court.

On April 5, 1943 oral arguments were held.

On December 8, 1944 the United States supreme court delivered its opinion on the Korematsu case, upholding Korematsu’s conviction

On December 18, 1944 the U.S. supreme court handed down an Ex-Parte Endo, which the justices unanimously ruled that the U.S. government could not continue to detain a citizen who was “concededly loyal” to the United States.

Issues

  • Did the Presidential Executive Order 9066 violate Korematsu’s 14th Amendment Equal Protection Clause and his 5th Amendment rights to ‘life, liberty, and property.”?
  • Korematsu felt that his rights were being violated. He felt that he was being deprived of his rights live freely without the appropriate legal process.
  • Did Congress go beyond its power by issuing an exclusion that deprived Japanese American of their rights?
  • Did the Presidential Executive Order 9066 violated habeas corpus?
    • Under a writ of habeas corpus, a person should be able to obtain relief from unlawful detention. However, Korematsu was denied this right.

Arguments by Petitioner (or Appellant or Plaintiff or Prosecution)

  • Korematsu believed the orders, proclamations, and congressional law were unconstitutional because these laws deprived Korematsu of his rights, the same rights to other citizens of the United States, without his 5th Amendment right to due process of the law.
  • The laws created by the government deprived Korematsu of equal protection of the law on the basis of racial discrimination. The Fifth Amendment’s due process clause protects individuals on the federal level. The Fourteenth Amendment applies to the state level. As a result, both the Fourteenth and Fifth Amendment are the same. Korematsu believed there was an inconsistency with the application of both amendments because it is not fair that some amendments are applied to certain citizens in certain places when these amendments were created to protect every individual on every level. Korematsu believed the government’s new laws stemmed from racial prejudice not ‘military necessity’ which justified the internments.
  • The government ordered Korematsu to immediate deportation and internment without telling him the cause of his conviction, informing him of any accusations towards him, and without granting him the right to an impartial trial. Thus, Korematsu believed his Six Amendment rights were violated as well.

Arguments by Respondent (or Appellee or Defendant)

  • The Respondent believed that congressional law, proclamations, and executive orders done by the government were constitutional for the nature of the time, and they were valid exercise of the war power. Court precedent in Hirabayashi ruled that the unification of the president and Congress is enough to create “any substantial basis” to incorporate that a “protective measure is necessary to meet the threat of sabotage and espionage.”
  • A substantial basis exists to convey that individuals of Japanese ancestry, despite being born on United States soil, were affiliated and proud of Japan during the Pearl Harbor attack. To distinguish among Japanese Americans who weren’t proud for Japan and those who were was nearly impossible.

Decision

In a 6–3 ruling issued on December 18, the court upheld Korematsu’s conviction. The decision of the case written by justice Hugo Black, was related to a case in the previous year Hirabayashi v. United States. Both cases rested on the principle that deference to Congress and the military authorities, due to the recent events of the Pearl Harbor attack, Justice Hugo Black Stated it had to do with racism. In his Argument Korematsu was not excluded because of race or hostility; He was excluded because the United States was at war with japan and there was a fear of invasion along the west coast. Justice Hugo Black Believe proper security measures should be taken; congress should have the authority to do so.

Majority Opinion (Black)

Justice Hugo Black wrote the majority opinion, which was joined by Justices Stone, Reed, Douglas, Rutledge, and Frankfurter. Justice Black begins with stating that “that all legal restrictions which curtail the civil rights of a single racial group are immediately suspect.” Justice Black noted that the Court’s ruling was controversial because it authorized exclusionary orders towards individuals of Japanese ancestry. Yet, Justice Black justified the Court’s decision by stating “Korematsu was not excluded from the Military Area because of hostility to him or his race. He was excluded because we are at war with the Japanese Empire….because Congress, reposing its confidence in this time of war in our military leaders–as inevitably it must– determined that they should have the power to do just this.” The decision was based off the necessary measures Congress and the Executive must make during war time. The threat of the possibility of the presence of espionage among Japanese ancestry outweighed Japanese Americans constitutional rights because of these war time measures. To this date, many historians critique Korematsu v. United States as one of the worst decisions made by the Supreme Court.

Concurring Opinion (Frankfurter)

Justice Felix Frankfurter wrote a concurring opinion that there is no evidence present in the Constitution that prohibits Congress from implementing valid military orders. Frankfurter believed that the Constitution can be interpreted in a way that Congress and the Executive have special powers to protect and defend the nation from imminent danger, such as war. Frankfurter states, “To find that the Constitution does not forbid the military measures now complained of does not carry with it approval of that which Congress and the Executive did. That is their business, not ours.” standing behind the military orders created by Congress and the Executive.

Dissenting Opinion (Jackson)

Justice Robert H. Jackson wrote a dissenting opinion where he expressed sentiments to reverse Korematsu’s conviction. Justice Jackson’s dissenting opinion is regarded by many as one of the most influential opinions of a Supreme Court Justice because he believed Korematsu’s conviction was unconstitutional based off racial discrimination. Despite the tension existing during the time of Korematsu’s conviction, after the Pearl Harbor attack, Justice Jackson didn’t believe that Congress nor the Executive had the right to deprive Korematsu from his rights. His dissent is full of examples of how Japanese Americans do not hold a threat to the nation. One of his most famous quotes from his opinion is the following “Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that apart from the matter involved here he is not law abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a crime.” which clearly states how Korematsu, being an American citizen, was deprived of his rights based off his ancestry.

Dissenting Opinion (Murphy)

Justice Frank Murphy wrote a dissenting opinion remembered most by historians due to the passionate use of the racism. Justice Murphy found no justification for Korematsu’s conviction and immediately believed that his conviction should have been reversed. Justice Murphy believed that the military orders “legalized racism” because Korematsu was at no fault being in the presence of his home, and not being granted his right to an impartial trial. Not only was Justice Murphy in discontent with the lack of constitutional rights granted to Korematsu, but Justice Murphy was upset with the treatment of all Japanese in internment camps. He also highlighted the hypocrisy of the Court’s rule that such military actions outweigh an individual’s rights as these laws are upheld to the strict scrutiny standard. Justice Murphy states, “I dissent, therefore, from this legalization of racism. Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way of life. It is unattractive in any setting, but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the United States.” believing that every American, despite external or internal circumstances, are entitled to their constitutional rights regardless of ancestry or external appearances because most Americans lineage stems from foreign lands.

Dissenting Opinion (Roberts)

Justice Owen Josephus Roberts wrote a dissenting opinion arguing that Korematsu’s conviction was unconstitutional because his loyalty to the United States wasn’t the reason why he was convicted. The reason Korematsu was convicted was solely due to his race. Also, Korematsu was excluded from his home for doing nothing. Justice Roberts, as the other dissenters believed Korematsu imposed no national threat to the country, and that him posing a threat wasn’t a true indicator to his conviction, which makes the conviction ultimately unconstitutional.


In Trump v. Casa, a case about whether the Biden administration could block a Trump-era executive order related to birthright citizenship, Jackson went far beyond dissent. She warned that the Court had opened the door to “uncontainable” executive power and “executive lawlessness,” claiming that this decision placed the very structure of American government at risk. If you’re wondering whether this sounds like a measured legal analysis or the script for a constitutional horror movie, you’re not alone.

Editor: The two dissents by Roberts in Korematsu, represent the possibility of impassiomed rhetoric, as a methhology to prick the consciousness of the reader/listener!

Justice Amy Coney Barrett, writing separately, took issue with the tone and lack of doctrinal clarity in Jackson’s dissent – and rightly so. Legal dissents, no matter how passionate, should be rooted in precedent, logic, and a serious engagement with the constitutional questions at hand. Jackson’s opinion reads more like a dire cable news commentary than a legal roadmap.

Editor: Jackson’s opinion reads more like a dire cable news commentary than a legal roadmap’: I sum Jackson disturbs the quiet but unaddresses considerations laying fallow?

What’s even more telling is where Jackson chose to defend her approach: the Essence Festival in New Orleans, a culturally rich but highly political venue. In front of a friendly audience, she doubled down, saying the public needed to know the stakes and that “transparency strengthens democracy.” But there’s a difference between transparency and theatrics. When a Supreme Court justice positions herself as a political narrator warning the masses of institutional collapse, she’s no longer just interpreting the Constitution – she’s shaping the narrative.

Editor : ‘When a Supreme Court justice positions herself as a political narrator warning the masses of institutional collapse, she’s no longer just interpreting the Constitution – she’s shaping the narrative’ The reader of this essay wonders at the very notion ‘of institutional collapse’ as the very definition of The Age of Trump?

This kind of rhetorical grandstanding might earn applause from progressive audiences, but it comes at a steep cost to the institution of the Court. Judicial authority is built on the perception of impartiality – on the idea that justices, even when they disagree, are operating from shared constitutional principles, not political tribes. When dissents are laced with catastrophic language designed to rally ideological bases, the public doesn’t just lose trust in one opinion – it starts to lose trust in the entire Court.

Editor: ‘Judicial authority is built on the perception of impartiality – on the idea that justices, even when they disagree, are operating from shared constitutional principles, not political tribes’ The reader confronts the inelutable fact that the Court is a Tribal Council!


It’s not as if Jackson is unaware of the effect she’s having. She noted in her public remarks that she authored twenty-four opinions this term – second only to Clarence Thomas – and spoke nearly 79,000 words during oral arguments. That’s not the resume of a quiet constitutionalist. It’s the profile of someone who understands the power of visibility and is using her platform as more than a legal mind – she’s becoming a political symbol.

Editor: ‘It’s the profile of someone who understands the power of visibility and is using her platform as more than a legal mind – she’s becoming a political symbol.’ In sum Jackson is an ‘Activist Judge’, though a term long abandoned but usable!

Of course, some will say this is exactly the point. That Jackson represents something bigger than the Court – that her voice is necessary to challenge what many see as a hard-right turn. But that’s precisely the problem. When a justice views the bench as a place to “challenge” the Court rather than serve on it, we’re no longer in the realm of law. We’re in the realm of ideology – and the robes are just set dressing.

Editor: ‘When a justice views the bench as a place to “challenge” the Court rather than serve on it, we’re no longer in the realm of law.’ See Roberts above for the propinquity between Law and Polotics!In the most incoveient terms terms Politics and The Law are bed-fellows?

There’s a troubling double standard at work here, too. Imagine if Justice Clarence Thomas, who rarely speaks publicly, suddenly took to conservative rallies to call liberal rulings an “existential threat” to the Constitution. The headlines would be endless. His impartiality would be questioned, and the legitimacy of the Court would be under fire. Yet when Jackson does it, it’s celebrated as “speaking truth to power.”

Editor: Justice Clarence Thomas is corrupt to his Neo-Confederate core!

The Court isn’t supposed to be a place for personal catharsis or political expression. It’s not Congress. It’s not a cable news roundtable. It’s the final guardian of the Constitution – a role that demands discipline, not dramatics. Dissent is a sacred tool, not a soapbox.

Editor: ‘Dissent is a sacred tool, not a soapbox’

Justice Jackson may see herself as a truth-teller in a time of crisis. But what the Court – and the country – needs is not louder dissents, but better ones. Ones that engage the law, not the emotions. Ones that respect the constitutional order rather than stage-manage its demise.

Editor: …the transformation of judges into pundits?

Because in the end, the greatest threat to the rule of law isn’t a conservative majority – it’s the transformation of judges into pundits.

Political Dissident.

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The ICC under threat: “all options remain on the table” : Reed Rubinstein, legal adviser at the US State Department!

Political Observer: the Nuremberg and Tokyo Tribunals after WWII rendered moot?

stephenkmacksd.com/

Jul 10, 2025

The fact that the whole American political class is now the captive of AIPAC and Adelson money are facts! A selective report gathered from Le Monde:

The warning was direct, blunt and left no room for doubt. “We expect all ICC actions against the United States and our ally Israel – that is, all investigations and all arrest warrants – to be terminated,” said Reed Rubinstein, legal adviser at the US State Department, before delegates of the 125 member states of the International Criminal Court (ICC) on Tuesday, July 8, at a meeting at United Nations headquarters in New York from July 7 to 9. If the ICC arrest warrants for crimes against humanity and war crimes issued against Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant on November 21, 2024, as well as ongoing investigations into crimes committed in the Gaza Strip and the settlement of Palestinian territory, are not dropped, “all options remain on the table,” he declared.

For three days, member states debated expanding ICC jurisdiction to one day allow the prosecution of “crimes of aggression,” defined as attacking a territory without a UN mandate or without acting in self-defense. The crime, which primarily targets heads of state, was described as a “crime against peace” by the Allies at the Nuremberg Trials of Nazi leaders after World War II. Invited as a non-member, the US used the platform to criticize the ICC and threaten its 125 member states. “We will use all appropriate and effective diplomatic, political and legal instruments to block ICC overreach,” Rubinstein said.

On Wednesday, US Secretary of State Marco Rubio announced sanctions against Francesca Albanese, UN special rapporteur on the occupied Palestinian territories, “for her illegitimate and shameful efforts to prompt [ICC] action against US and Israeli officials, companies and executives.” On June 30, the Italian law expert published a report on the “economy of genocide” in Gaza, warning around 60 companies of the risk of becoming “criminally complicit” in Israeli crimes.

Editor: Le Monde doesn’t just muddle the Question of Ukraine, but seeks to avoid the question of American , E.U. and other bad actors, Soros, as responsible parties in the maufatured coup, and the resulting war that continues to this day!

Political Observer.

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Michael Tomasky is a perpetural apologists for the Clinton/Obama/Biden betrayel of The New Deal!

Old Socialist comments.

stephenkmacksd.com/

Jul 09, 2025

Mr. Tomasky’s potted history of the dismal failure ‘Third Party Candiates’ in American Elections, is about the Self-Rescue Project of The New Democrats, still led by the Clinton ménage. Hillary Clinton could not win an election against Trump! Yet Tomasky posits that somehow Musk is different, in a 1457 word potted history of failures, false starts and wishful thinking, that somehow Trump can be deafeated? Musk is a self- infatuated megalomaniac and subject to toxic moods and political retreats aided by reinvetions ?


Editor: Tomasky posits this:

I saw a lot of chortling after Elon Musk’s announcement last week that he intends to start a third party, the America Party. Chortle away if you like. But this effort, at least according to what Musk said his goals are, is completely different from other third-party bids in recent U.S. history, and I’ve been amazed these last couple of days at how few people seem to understand that.

Editor: Tomasky self-presents as above all other political commetators, in his vision of a possible Musk future? The Reader might think/ask in this examinations of Musks grand strategies, via Histories provided by Tomansky, about the victory of Zohran Mamdani, a Muslim Democratic Socialist, won the New York City Democratic mayoral primary on June 24, 2025? The Macro and the Micro meet at what crossing?

I saw a lot of chortling after Elon Musk’s announcement last week that he intends to start a third party, the America Party.

Third parties in the United States are jokes for one simple reason: They are built around presidential candidacies. That is a ridiculous goal, and it always has been.

Let’s look at the most successful third-party presidential candidate in modern American history: Ross Perot in 1992. He struck a nerve among folks who were then referred to collectively as “the radical center.”

However: In electoral terms, Perot was a joke. He won zero Electoral College votes. In fact, he didn’t come remotely close to winning a single electoral vote. He finished third in every state.

Editor: Yet the Perot vote gave the edge to Bill Clinton!

This is why that overhyped No Labels nonsense from 2024, which got a lot of silly press, was ridiculous (and run by hustlers, picking the pockets of gullible, ill-informed rich people).

But the presidency is not Musk’s goal. He posted on July 4 that his goal would be “to laser-focus on just 2 or 3 Senate seats and 8 to 10 House districts.”

Editor: The Musk’s strategy is that of an insergency, not of a Third Party nor of a ‘radical center’.


Editor: Tomasky begins his self-congratulation!

Now that is a different kettle of fish.

First, the obstacles. They’re formidable. There’s this thing in political science called Duverger’s law. French political scientist Maurice Duverger studied party systems in the 1950s and found that countries that elect their legislatures in winner-take-all single-member districts (as we do in the United States) tend to narrow down to having two parties.

So let’s apply Duverger’s law to Musk’s effort. He’s going to be fielding candidates under his America Party banner in a handful of (presumably) carefully chosen congressional districts. The question is, can an America Party candidate for the House win 34 percent of the vote in a three-way general election?

Editor: Here is where Tomasky reaches his political stride, between these two paragraphs?

The answer is: It won’t be easy, but it also isn’t impossible. First of all, it has happe;ned. Bernie Sanders and Angus King are independent senators. Both first made it to Washington—King to the Senate in 2012, Sanders to the House back in 1990—by beating Democratic and Republican opponents.

Musk’s agenda right now seems to be radical libertarian. That will appeal to his uber-rich tech bro friends, but it won’t peel away enough Republicans to win a House seat. He needs to find a couple MAGA Achilles’ heels and build a platform around them. (Also, if Musk’s platform is essentially libertarian, it raises the question of why he doesn’t plow his resources into the existing Libertarian Party, as it so desires.)

Editor: Tomasky revels in the ‘discovery’ of the Musk’s Political Methodology! Yet how can the politics of the political moment be changed permanently ? Does Musk have the political staying power, or the commitment to wage such a battle over time? Or will his interest fade with time, and the new vistas of Space Travel’s challendes present themselves?

Old Socialist.

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Bret Stephens in not a man of wit nor sensibility! Though he is a creature of the self-serving Politics of the Zionist Cadre!

Old Socialist comments.

stephenkmacksd.com/

Jul 08, 2025

Title:

Desides the insults reservered for Greta Thunberg, Zohran Mamdani and Tucker Carlson, Bret Stephens in not a man of wit nor sensibility!

Editor: I’ll begin my comentary at this point in Stephens commentary. It can’t escape its authors singular motive, propganda!

On Israel’s side, diplomatic flexibility has three authors. The first is the Israeli public’s understandable exhaustion with 21 months of fighting. The second is pressure from Trump to reach a deal — and Netanyahu’s eagerness to please him.

But neither factor would have been sufficient if Israel hadn’t achieved its military success over Iran, crowned, from an Israeli point of view, by America’s participation in the campaign.

At a stroke, Israel humiliated its most formidable adversary (and Hamas’s principal patron), demonstrating not only its capacity but also its courage to take on the mullahs directly and survive their reprisals intact. It advertised its capabilities to Saudi Arabia, which may now be more amenable to joining the Abraham Accords — not out of a softhearted desire for peace but out of a hardheaded interest in cementing military, economic and technological ties with the Jewish state. It created at least the possibility that Iran might choose to forgo its nuclear ambitions out of fear of seeing them destroyed again. And its victory gave Netanyahu the upper hand over his far-right coalition partners, allowing him to sign a deal that probably wouldn’t cause his government to collapse.

Critics of Israeli policy have argued that the cost of its military victories lies in its isolation on the world stage or in the contempt in which it is held by people like Zohran Mamdani and Tucker Carlson. There’s also no doubt that hatred of Israel has done much to contribute to growing antisemitism, although it’s equally true that antisemitism lies at the root of much of the hatred of Israel.

Then again, Israel doesn’t exist to placate the feelings of its detractors and defamers. It exists to protect Jewish life and uphold Jewish dignity in a world too intent on destroying both. If diplomacy now has a chance of succeeding, it’s because in geopolitics, as in life, it pays to be a winner.


Editor : The Reader must never forget that in the imagination of Mr. Stephens, Zionism and Juadism are a political and moral singularity! Or that Stephens in a child of hight privelidge: Middlesex School in Concord, Massachusetts, University of Chicago and comparative politics at the London School of Economics. Nor can it escape the attention of the reader that he worked for the The Jerusalem Post, The Wall Street Journal and The New York Times? The reader might ask at what moment does Stephens confront the stark reality of the Gaza Genocide, as historical moral fact?

Old Socialist.

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@NYT, in the person of @adamliptak takes aim at Ketanji Brown Jackson!

stephenkmacksd.com/

Jul 08, 2025

Headline: Justice Ketanji Brown Jackson Makes Herself Heard, Prompting a Rebuke

Sub-headline: In solo dissents this term, the justice accused the conservative majority of lawless bias. On the term’s last day, Justice Amy Coney Barrett fired back.

Editor: The first paragraphs of Adam Liptak scolding chatter? Steeped in animus toward the newist member of the Court, is unsurprising, this is The New York Times!

Justice Ketanji Brown Jackson wrote just five majority opinions in the Supreme Court term that ended last month, the fewest of any member of the court. But her voice resonated nonetheless, in an unusually large number of concurring and dissenting opinions, more than 20 in all.

Several of them warned that the court was taking lawless shortcuts, placing a judicial thumb on the scale in favor of President Trump and putting American democracy in peril. She called the majority’s opinion in the blockbuster case involving birthright citizenship, issued on the final day of the term, “an existential threat to the rule of law.”

Justice Jackson, 54, is the court’s newest member, having just concluded her third term. Other justices have said it took them years to find their footing, but Justice Jackson, the first Black woman to serve on the court, quickly emerged as a forceful critic of her conservative colleagues and, lately, their approach to the Trump agenda.

Her opinions, sometimes joined by no other justice, have been the subject of scornful criticism from the right and have raised questions about her relationships with her fellow justices, including the other two members of its liberal wing.

Editor: In sum Justice Jackson has overstepped the bounds of deference to the senior members of the Court?


The History of the Neo-Confederate Supreme Court is well Documented, and its holdovers

ConstitutionHuman RightsLost HistoryObama AdministrationPoliticsRight Wing

The Neo-Confederate Supreme Court

February 28, 2013

On Wednesday, the five partisan Republicans on the U.S. Supreme Court showed that they wanted to do their part in devaluing the votes of blacks, Hispanics, Asian-Americans and young urban whites. So the key GOP justices indicated during oral arguments that they are looking for excuses to strike down the heart of the Voting Rights Act.

Right-wing Justice Antonin Scalia shocked the courtroom when he dismissed the Voting Rights Act as a “perpetuation of racial entitlement,” suggesting that the right of blacks to vote was some kind of government handout.

But almost as troubling was the remark from Justice Anthony Kennedy who insisted that the Voting Rights Act, which was first enacted by Congress in 1965 and was renewed overwhelmingly in 2006, was an intrusion on Alabama as an “independent sovereign,” states’ rights language reminiscent of the Old Confederacy.

Indeed, the five Republican justices also including John Roberts, Clarence Thomas and Samuel Alito seem to have absorbed a Neo-Confederate interpretation of the Constitution that is at odds with what the Framers intended.


Editor: Freighted with respectable bourgeois political chatter, here is the would-be ‘Bill of Attainder’ against Justice Jackson, confected by Liptak!

Justice Jackson, who did not respond to a request for comment, has also been a harsh critic of the court’s use of truncated procedures in ruling on emergency applications.

“This fly-by-night approach to the work of the Supreme Court is not only misguided,” she wrote in April, when the court said that Venezuelan men the administration was seeking to deport to El Salvador had sued in the wrong court. “It is also dangerous.”

In a dissent from an emergency ruling in June granting Elon Musk’s Department of Government Efficiency access to sensitive Social Security data, Justice Jackson accused the majority of giving Mr. Trump favored treatment. “What would be an extraordinary request for everyone else,” she wrote, “is nothing more than an ordinary day on the docket for this administration.”

When the court let Mr. Trump lift humanitarian parole protections for more than 500,000 migrants in May, Justice Jackson wrote that the majority had “plainly botched” the analysis, “rendering constraints of law irrelevant and unleashing devastation.”

Justices Jackson and Sotomayor are the only members of the court who have served as trial judges. In the last term, Justice Jackson repeatedly criticized the majority for undermining the authority of their colleagues on the front lines.

In the dissent that prompted Justice Barrett’s rebuke, she decried the majority’s “dismissive treatment of the solemn duties and responsibilities of the lower courts.”

Last year, in a dissent in a public corruption case, Liptak seemed to allude to revelations by ProPublica and others that Justices Clarence Thomas and Samuel A. Alito Jr. had failed to disclose luxury travel provided to them by billionaire benefactors, a strikingly critical swipe on a sensitive topic.

“Officials who use their public positions for private gain threaten the integrity of our most important institutions,” she wrote. “Greed makes governments — at every level — less responsive, less efficient and less trustworthy from the perspective of the communities they serve.”

Editor: How uttery inconveient for a sitting Justice of The Supreme Court , Justice Jackson, to remind the other members of the Court, that she is capable of telling critical evaliations of their corrupt practises?

Political Observer.

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A re-post from June 27, 2013:

stephenkmacksd.com/

Jul 06, 2025

Katzenbach, 383 U. S., at 328 and 329 etc. Opinion and Dissent

Posted on June 27, 2013 by stephenkmacksd

“Coverage today is based on decades-old data and eradicated practices. The formula captures States by reference to literacy tests and low voter registration and turnout in the 1960s and early 1970s. But such tests have been banned nationwide for over 40 years. §6, 84Stat. 315; §102, 89Stat. 400. And voter registration and turnout numbers in the covered States have risen dramatically in the years since. H. R. Rep. No. 109–478, at 12. Racial disparity in those numbers was compelling evidence justifying the preclearance remedy and the coverage formula. See, e.g., Katzenbach, supra, at 313, 329–330. There is no longer such a disparity.

In 1965, the States could be divided into two groups: those with a recent history of voting tests and low voter registration and turnout, and those without those characteristics. Congress based its coverage formula on that distinction. Today the Nation is no longer divided along those lines, yet the Voting Rights Act continues to treat it as if it were.

B

The Government’s defense of the formula is limited. First, the Government contends that the formula is “reverse-engineered”: Congress identified the jurisdictions to be covered and then came up with criteria to describe them. Brief for Federal Respondent 48–49. Under that reasoning, there need not be any logical relationship be-tween the criteria in the formula and the reason for coverage; all that is necessary is that the formula happen to capture the jurisdictions Congress wanted to single out.

The Government suggests that Katzenbach sanctioned such an approach, but the analysis in Katzenbach was quite different. Katzenbach reasoned that the coverage formula was rational because the “formula . . . was relevant to the problem”: “Tests and devices are relevant to voting discrimination because of their long history as a tool for perpetrating the evil; a low voting rate is pertinent for the obvious reason that widespread disenfranchisement must inevitably affect the number of actual voters.” 383 U. S., at 329, 330.

Here, by contrast, the Government’s reverse- engineering argument does not even attempt to demonstrate the continued relevance of the formula to the problem it targets. And in the context of a decision as significant as this one—subjecting a disfavored subset of States to “extraordinary legislation otherwise unfamiliar to our federal system,” Northwest Austin, supra, at 211—that failure to establish even relevance is fatal.

The Government falls back to the argument that because the formula was relevant in 1965, its continued use is permissible so long as any discrimination remains in the States Congress identified back then—regardless of how that discrimination compares to discrimination in States unburdened by coverage. Brief for Federal Respondent 49–50. This argument does not look to “current political conditions,” Northwest Austin, supra, at 203, but instead relies on a comparison between the States in 1965. That comparison reflected the different histories of the North and South. It was in the South that slavery was upheld by law until uprooted by the Civil War, that the reign of Jim Crow denied African-Americans the most basic freedoms, and that state and local governments worked tirelessly to disenfranchise citizens on the basis of race. The Court invoked that history—rightly so—in sustaining the disparate coverage of the Voting Rights Act in 1966. See Katzenbach, supra, at 308 (“The constitutional propriety of the Voting Rights Act of 1965 must be judged with reference to the historical experience which it reflects.”).

But history did not end in 1965. By the time the Act was reauthorized in 2006, there had been 40 more years of it. In assessing the “current need[ ]” for a preclearance system that treats States differently from one another today, that history cannot be ignored. During that time, largely because of the Voting Rights Act, voting tests were abolished, disparities in voter registration and turnout due to race were erased, and African-Americans attained political office in record numbers. And yet the coverage formula that Congress reauthorized in 2006 ignores these developments, keeping the focus on decades-old data rel-evant to decades-old problems, rather than current data reflecting current needs.”

http://www.law.cornell.edu/supremecourt/text/12-96#writing-12-96_OPINION_3

Image

“The situation Congress faced in 2006, when it took up reauthorization of the coverage formula, was not the same. By then, the formula had been in effect for many years, and all of the jurisdictions covered by it were “familiar to Congress by name.” Id., at 328. The question before Congress: Was there still a sufficient basis to support continued application of the preclearance remedy in each of those already-identified places? There was at that point no chance that the formula might inadvertently sweep in new areas that were not the subject of congressional findings. And Congress could determine from the record whether the jurisdictions captured by the coverage for-mula still belonged under the preclearance regime. If they did, there was no need to alter the formula. That is why the Court, in addressing prior reauthorizations of the VRA, did not question the continuing “relevance” of the formula.

Consider once again the components of the record before Congress in 2006. The coverage provision identified a known list of places with an undisputed history of serious problems with racial discrimination in voting. Recent evidence relating to Alabama and its counties was there for all to see. Multiple Supreme Court decisions had upheld the coverage provision, most recently in 1999. There was extensive evidence that, due to the preclearance mechanism, conditions in the covered jurisdictions had notably improved. And there was evidence that preclearance was still having a substantial real-world effect, having stopped hundreds of discriminatory voting changes in the covered jurisdictions since the last reauthorization. In addition, there was evidence that racial polarization in voting was higher in covered jurisdictions than elsewhere, increasing the vulnerability of minority citizens in those jurisdictions. And countless witnesses, reports, and case studies documented continuing problems with voting dis-crimination in those jurisdictions. In light of this rec- ord, Congress had more than a reasonable basis to conclude that the existing coverage formula was not out of sync with conditions on the ground in covered areas. And certainly Shelby County was no candidate for release through the mechanism Congress provided. See supra, at 22–23, 26–28.

The Court holds §4(b) invalid on the ground that it is “irrational to base coverage on the use of voting tests 40 years ago, when such tests have been illegal since that time.” Ante, at 23. But the Court disregards what Congress set about to do in enacting the VRA. That extraordinary legislation scarcely stopped at the particular tests and devices that happened to exist in 1965. The grand aim of the Act is to secure to all in our polity equal citizenship stature, a voice in our democracy undiluted by race. As the record for the 2006 reauthorization makes abundantly clear, second-generation barriers to minority voting rights have emerged in the covered jurisdictions as attempted substitutes for the first-generation barriers that originally triggered preclearance in those jurisdictions. See supra, at 5–6, 8, 15–17.

The sad irony of today’s decision lies in its utter failure to grasp why the VRA has proven effective. The Court appears to believe that the VRA’s success in eliminating the specific devices extant in 1965 means that preclearance is no longer needed. Ante, at 21–22, 23–24. With that belief, and the argument derived from it, history repeats itself. The same assumption—that the problem could be solved when particular methods of voting discrimination are identified and eliminated—was indulged and proved wrong repeatedly prior to the VRA’s enactment. Unlike prior statutes, which singled out particular tests or devices, the VRA is grounded in Congress’ recognition of the “variety and persistence” of measures designed to impair minority voting rights. Katzenbach, 383 U. S., at 311; supra, at 2. In truth, the evolution of voting discrimination into more subtle second-generation barriers is powerful evidence that a remedy as effective as preclearance remains vital to protect minority voting rights and prevent backsliding.

Beyond question, the VRA is no ordinary legislation. It is extraordinary because Congress embarked on a mission long delayed and of extraordinary importance: to realize the purpose and promise of the Fifteenth Amendment. For a half century, a concerted effort has been made to end racial discrimination in voting. Thanks to the Voting Rights Act, progress once the subject of a dream has been achieved and continues to be made.”

http://www.law.cornell.edu/supremecourt/text/12-96#writing-12-96_DISSENT_5

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The Times defames dissenters: Jeremy Corbyn, John McDonnell, former Labour MP Zarah Sultana, Carla Denyer, the Green party leader.

The Time’s is the voice of another time and place, long dead! Political Observer comments.

stephenkmacksd.com/

Jul 04, 2025

Headline: MPs like Corbyn won’t be prosecuted for Palestine Action support

Sub-headline: The former Labour leader and fellow PA advocates such as Diane Abbott will not be punished for expressing support in the chamber due to parliamentary privilege

https://www.thetimes.com/uk/politics/article/jeremy-corbyn-mps-prosecuted-palestine-action-support-3gkklwpc0

MPs will avoid prosecution if they support Palestine Action while speaking in the House of Commons even after the group is proscribed as a terror group.

Parliamentary privilege will protect them from prosecution, the House of Commons confirmed.

It means that left-wing members including the former Labour leader Jeremy Corbyn, John McDonnell, who served as his shadow chancellor, the former Labour MP Zarah Sultana, Carla Denyer, the Green party leader, and others who spoke out against the government’s move to ban Palestine Action will not face prosecution if they incite support for the group.

They were among 26 MPs, including nine from Labour, who voted against the move to proscribe Palestine Action on Wednesday. The Labour members included Diane Abbott, the veteran left-winger.

Barring a last-minute injunction proving successful at the High Court on Friday, Palestine Action will be added to a list of terrorist groups alongside Al Qaeda, Isis and Hamas. That will make it illegal to be a member or to invite support for the organisation, punishable by up to 14 years in jail.

The Commons confirmed that this will not apply to MPs who speak in support of the group in the chamber due to parliamentary privilege, which frees MPs and peers to speak freely in parliament even if doing so otherwise breaches the law.

The High Court will hear an application from Palestine Action to suspend the proscription of the group until a full legal hearing can be heard later this summer. On Thursday it launched a new direct action group named “Yvette Cooper” in an attempt to force the home secretary to proscribe herself. Cooper has said the Home Office would look to ban any new groups set up in an attempt to circumvent the proscription of Palestine Action.

On Thursday four Palestine Action members were behind bars on remand after anti-terror police charged them over a £7 million vandalism attack on two aircraft at RAF Brize Norton. Amy Gardiner-Gibson, 29, and Jony Cink, 24, both of no fixed abode, along with the north London duo of Daniel Jeronymides-Norie, 36, of Barnet, and Lewis Chiaramello, 22, of Cricklewood, appeared at Westminster magistrates’ court.

The Crown Prosecution Service said it submitted “that these offences have a terrorist connection”. The defendants, who held hands and smiled as they entered the dock, spoke only to confirm their names. They also made peace signs, blew kisses and waved at supporters in the public gallery.

They have yet to offer a plea to conspiracy to enter a prohibited place knowingly for a purpose prejudicial to the safety or interests of the United Kingdom and conspiracy to commit criminal damage. Prosecutors said both offences occurred between June 1 and June 21, 2025.

Counter Terrorism Policing South East (CTPSE) said the charges came as part of an investigation into “an incident in which damage was caused to aircraft at RAF Brize Norton, Oxfordshire”.

Richard Link, the prosecutor, told the court on Thursday: “This relates to a serious incidence of criminal damage at RAF Brize Norton on June 20 committed by a group called Palestine Action Group. The allegations against these four are [that] they are members of that group and they are heavily into the methodology and reasons behind why they have attacked the airbase.”

He told the court that as far as the prosecution was aware, they lived “transient lifestyles”.

District Judge Daniel Sternberg remanded all four in custody to reappear at the Old Bailey on July 18. There was applause and chants of “Free Palestine” from the packed public gallery as the defendants were led away.

CTPSE on Wednesday said a 41-year-old woman arrested on suspicion of assisting an offender had been released on bail until September 19. A 23-year-old man was arrested and released without charge, it added.

Editor: On the pressing question of Free Speech in Britain:


The British First Amendment

One of the recommendations of the Leveson Inquiry into the British press was that an explicit duty should be placed on the government to protect the freedom of the press.

Hugh Tomlinson QC was involved in drafting such a measure, which some would call “a British First Amendment.” The first three clauses of this are reproduced below.

But the government didn’t like the idea and, because it was part of a package which included independent regulation, neither did the press. As a result, the proposal was never implemented.

1. Protection of media freedom

(1) Public authorities must aim to:

(a) protect the freedom of the media, and (b) support the independence of the media.

(2) In particular, in exercising their functions public authorities must:

(a) have regard to the importance of the freedom and independence of the media, and

(b) recognise the right of the media to receive and impart information without interference by public authorities.

(3) It is unlawful for a public authority to interfere or attempt to interfere with the media unless the interference or attempt is undertaken:

  1. (a) for a legitimate purpose which the public authority considers necessary in a democratic society, and
  2. (b) having full regard to the importance of the freedom and independence of the media.

By Hugh Tomlinson

Political Observer.

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