Before the 2024 Republican VP shortlist got winnowed down to the eight finalists, there was talk of Marjorie Taylor Greene being the presumptive nominee’s VP pick. The pros of such an action: She would make Donald Trump look sane and measured by comparison. Think about it. And who knows? Maybe Trump will go that way? He’s said that he’ll announce his VP at the Republican convention on July 15 — four days after he’s sentenced. Anything can happen and just because Marge and her space lasers weren’t on last week’s list doesn’t mean it can’t happen.

In that same vein, now we have somebody in the world who makes Ginni Thomas look normal. Yes, you’ve got it, Martha-Ann Alito. She is some piece of work. Hate is a many splendored thing because she hates reporters (successful ones at least) gay pride flags, “godlessness,” which is anybody who disagrees with her basic uber conservative worldview. Get ready to be scared. Just like tapes of Trump say so much more than reading a transcript does, Martha-Ann will blow your mind.

It says a lot about our culture that these are the kinds of people at the very top. I’ve met judges. I knew two superior court judges in Los Angeles, both women and very capable, hardworking people. Completely for the underdog and justice. The kind of people who should be elevated to the bench. I also knew an appellate court judge and likewise, he was an intelligent man who took his job very seriously. He was grateful to have gotten as far as he did in his field and he was respected. The appellate court judge’s name was Don Gates and the two other judges were Susan Bryant-Deeson and Stephanie Padilla. I naively assumed that most judges were like these three and I naively expected Supreme Court judges to be like these three and even better.

It’s nothing short of shocking that there should be this level of bigotry on the highest court in the land. Joyce Vance says Alito should “stop digging and start recusing.”

This was Rolling Stone’s assessment of Alito: “The justice’s unguarded comments highlight the degree to which Alito makes little effort to present himself as a neutral umpire calling judicial balls and strikes, but rather as a partisan member of a hard-right judicial faction that’s empowered to make life-altering decisions for every American.” That’s on target. The Alitos’ personal views and interactions as a married couple are their business. But no judge, and certainly no justice, can express rank political views and hope to maintain the public’s confidence. Every judge knows the right way to respond when questions like the ones Windsor posed arise, and the fact that Alito responded as he did suggests a level of confidence that he has gotten away with this for a long time and will continue to do so, almost as though he believes that he’s above the law. Justice Alito is not worried that he’s going to be called out for carrying his Christian standard into the courtroom.

The legal standard for recusal under federal law provides that “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” Of course, some Supreme Court Justices, Alito among them, don’t treat that as binding. But this has now reached a full boil, and if Justice Alito will not take the situation seriously, his brothers and sisters on the Court must take steps to ensure he does. The Court, as we’ve noted repeatedly, doesn’t have armies to enforce its orders. The public obeys them because they have confidence in the Court. If that confidence is irrevocably shaken, and it will be if Justice Alito is permitted to continue on this path, we end up in a very dark place.

When the flag stories first broke, Republicans were quick to try and sweep them under the rug. Justice Alito tried to pass it off as his wife’s actions—and to be fair, it sounds from the Rolling Stone interview like the flags were her doing. But he had the obligation to intervene, given his unique and powerful position, which he voluntarily undertook. Windsor’s reporting makes it clear that Justice Alito didn’t do anything about the flags because he was fundamentally in agreement with his wife’s views and willing to indulge their public expression. That’s something no justice should do.

A statistic about Alito’s jurisprudence that has stuck with me has to do with his rulings on the doctrine of standing—whether a particular party is entitled to bring their claims to court. “An empirical analysis of the Court’s ‘standing’ decisions … found that Alito rules in favor of conservative litigants 100% of the time & against liberal litigants in every single case.” Alito has been described as the Court’s “most reliable partisan.” No Judge in our country should embrace that description of him or herself. But with his comments at dinner, Justice Alito did so.

At the very least, we need Congress to establish an enforceable ethics code for the Supreme Court. The way the law reads now, there is technically no one who can force Justice Alito to do anything. Or Clarence Thomas. it’s tragic that our forefathers didn’t foresee that people with Thomas’s level of greed, or Alito’s blatant partisanship might one day be elevated to the Supreme Court, but that has happened and that’s what amendments to the Constitution are there for.

As Joyce Vance ended her column, “It’s Sam Alito versus the integrity of the Court, and if his colleagues don’t step in and do something about it, our institutions and our country face serious trouble.” It is as simple as that.

 

Help keep the site running, consider supporting.

9 COMMENTS

  1. Hmm. Methinks some folks are thinking “if we win” but rather “when we win… time for some fire and brimstone (for the usual suspects!!!)”👀🤦🏻‍♂️ Gonna be a bumpy ride till January 20.

    13
  2. “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

    is actually the full first paragraph of, 28 U.S. Code T 455 – Disqualification of justice, judge, or magistrate judge.

    https://www.law.cornell.edu/uscode/text/28/455

    And the definition of a ‘judge’ for anyone unsure of the meaning of the word, ‘any’ at the start of the sentence is given in 28 US Code T 451,

    The term “judge of the United States” includes judges of the courts of appeals, district courts, Court of International Trade and any court created by Act of Congress, the judges of which are entitled to hold office during good behavior.

    ‘any court created by Act of Congress’

    would seem clearly covered by the fact that although The Supreme Court Of The United States was established by Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789.

    Why hasn’t he resigned? Why haven’t the other ethically challenged ones resigned?

    They are in breach of their own court’s founding documents that describe and proscribe it’s very functioning.

    19
  3. These two wives are insane. Because they’re married to people with so much hatred for others that the husbands would be considered insane? Perhaps. Or perhaps like marries like. Hard to say but these two couples are almost scary they are so demented and twisted. The sooner we rid the s.c. of thomas and alito by any means, the better off the nation will be.

    BTW, saw an article in Vox where they are urging Sotomayor and Kagen to retire immediately so President Biden can choose their replacements. Why the hurry? The writer is convinced Von Shitzinpants will win in November. Sounds to me like Vox wants to play at being king-maker much like nyt, wapo, and fux. And for the same “king” (king of shitty britches that is.)

    12
    • I take my daily meds, exercise and try to eat healthy so I can outlive Thomas and Alito and eventually see real change on the supreme court. That is the burning fire inside me.

  4. Alito: “My wife make can make her own decisions.”

    Alito: “YOUR wife can’t make her own decisions about the health care of her own body. My buddies in various State legislatures will do that for them.”

    13
  5. Maybe I’m just old-fashioned, but if I were married to a man who had achieved such a high position in the land as a Supreme Court Justice, I feel like I would be thoughtful enough to conduct my daily life and activities in such a way as to lend honor and respect to him/his position, not bring shame and embarrassment upon our household. I don’t know what is wrong with these two loons (Ginnie and Martha-Ann), except maybe witnessing all their husbands have gotten away with makes them think they also have a blank check to do whatever the hell they want. But getting into spite-fests with the neighbors? Ridiculous. Maybe future vetting of a potential jurist might include vetting of their spouse as well.

  6. might as well call it the Supremist Court and I’m sure Ginny reminds Clearance every day how & why he hates the fact that he’s black.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

The maximum upload file size: 128 MB. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. Drop files here