Monday, June 12, 2023

Reading archive 2023-06-12

Opinion  Roberts isn’t an institutionalist. He’s a weather vane. - "If political opinion 'tester' explains Roberts’s past compromises and the shift from Shelby to Milligan, he should be viewed not so much as an institutionalist (who would protect the jurisprudential integrity of the court and insist on abiding by the highest ethical standards) but as an unprincipled politician, trying to prevent his radical colleagues from sinking the court and the Republican Party when he suspects blowback to decisions from the court’s right-wing majority. 

"In that sense, Roberts has become the worst sort of results-oriented judge. Rather than legal consistency, respect for precedent or even a judicial philosophy, he’s become the quintessential weather vane. How much can the public tolerate? How far must he let his conservative colleagues drift before the court falls into political oblivion?

"Roberts’s transformation from the umpire calling balls and strikes to the stadium manager (how do we excite the fans but keep them from rioting?) underscores the need for a complete restructuring of the court. If the court’s decisions are now the result of radical ideology tempered only by Roberts’s political barometer, then it cannot be considered a court at all. It’s a purely political body. A political response — expanding the court — would be in order. At the very least, the justices should serve limited terms."

Why have many Reddit communities gone private? The blackout, explained.

Even a Damning Federal Case Can’t Break the GOP’s Devotion to Donald Trump: An insurrection, a couple impeachments, and now a shocking second indictment aren’t enough for Republicans to jump ship and risk antagonizing the MAGA base. - "Meanwhile, besides familiar Trump critic Senator Mitt Romney, the GOP messaging has been clear: Attempting to hold Trump accountable is worse than the former guy allegedly doing crimes."

American musician detained in Russia on drug charges

The impossible challenge of telling Trump fans the truth - "'I think the government acted responsibly,' Barr told Bream. 'They gave him every opportunity to return those documents. They acted with restraint. They were very deferential to him and they were very patient. They talked to him for almost a year to try to get those documents, and he jerked them around. They finally went to a subpoena. And what did he do? According to the government, he lied and obstructed that subpoena. And then they did a search and they found a lot more documents.' ...

"One of the bizarre dynamics that has been exposed since the indictment came out is that Trump supporters theorize that their own assessment of the law (adopted from Trump, Hannity and other loyalists) is somehow more robust than the assessment of the Justice Department or of people like Bill Barr. Because Trump has been so effective at convincing his supporters that the legal system is out to get him — a belief that Barr himself helped to bolster! — the former president’s self-serving claims about the case are accepted by default."

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