Supreme Court May Dunk on NCAA

The Supreme Court will begin hearing cases again on October 4th, the first Monday in October, while 2021 NCAA fall sports seasons are well under way. A spring SCOTUS opinion by Justice Brett M. Kavanaugh suggests the court and the “amateur sports” monopoly may have a showdown before June.

“Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate,” Kavanaugh wrote. “And under ordinary principles of antitrust law, it is not evident why college sports should be any different. The NCAA is not above the law.”

More:

How US college sport became an $8bn inequity racket. And why it may fall,” Bryan Armen Graham, The Guardian

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How should we interpret the Second Amendment?

How should we interpret the 2nd Amendment? If only Antonin Scalia had not been on his high school rifle team …. A Washington Post video by Daron Taylor and Joyce Koh.

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‘Rona Religion: Supreme Court Upholds Human Sacrifice

On the Wednesday before Thanksgiving, in the dark of night, the Supreme Court decided that during the Coronavirus pandemic, which has killed over 260,000 Americans, places of worship are free to pack the house in sabbath superspreading events. The deciding vote was by Trump appointee and cult member Justice Amy Coney Barrett, who must have a fondness for the traditional Requiem Mass. You may recall that the president’s Rose Garden “reveal party” for Mrs. Barrett’s SCOTUS nomination was itself a superspreading event.

More:

“Supreme Court’s conservatives reject COVID restrictions on New York houses of worship,” David G. Savage, Los Angeles Times

“Justices lift New York’s COVID-related attendance limits on worship services,” Amy Howe, SCOTUS Blog

“Supreme Court backs religious groups on New York coronavirus restrictions,” Rebecca Falconer, Axios

“Major shift at Supreme Court on Covid-19 orders,” Josh Gerstein, Politico

“In Covid-19 regulations case, Sotomayor dissent claps back at Supreme Court majority,” Raul A. Reyes, NBC News

Updates:

“Pastor of California Megachurch That Defied Lockdown Order Dies of COVID-19,” Rachel Olding, Daily Beast

“Supreme Court sides with California church protesting coronavirus restrictions,” Robert Barnes, Washington Post

“Brooklyn diocese cheers ruling barring Cuomo’s houses of worship limits,” Lia Eustachewich, New York Post

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Supreme Court, September 24, 2020

Ruth Bader Ginsburg rests at the Supreme Court Portico.

 

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Trump Supreme Court Reality Show: The Big Reveal

President Donald Trump, commited opportunist, has pledged to nominate a new Supreme Court Justice this week, six weeks before the presidential election. He expects the Republican toadies of the Senate to confirm his pick with all unseemly haste before November 3rd, Election Day.

Mr. Trump has vowed to nominate a woman to replace Justice Ginsburg, and the former reality TV host is drumming up the drama of his choice before Saturday’s big reveal. He likes surprise endings, so Judge Jeanine Pirro cannot be ruled out, but betting favors other candidates. Front runners include U.S. Appeals Court Judges Amy Coney Barrett, Joan Larsen, Britt Grant, Joan Larsen, Allison Eid, and Allison Jones Rushing and Florida Supreme Court Judge Barbara Lagoa. We certainly hope Mr. Trump has their husbands’ permission.

White House staff hope to restrain President Trump’s tendency to decide on woman candidates through swimsuit cometitions.

There are two real reasons why Mr. Trump is nominating a Supreme Court Justice mere weeks before an election, and neither is about conservative principles, since the man has no principles, conservative or otherwise:

1. He desperately needs to divert voters’ attention from the COVID-19 pandemic and his disasterous negligence that has killed 200,000 Americans; and

2. He is likely to be indicted for corrupt business practices, tax fraud, and corruption in office, and hopes to keep himself and his spawn out of prison by filling the high court with Trump-appointed judges.

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In Mid-Pandemic, Trump Challenges Obamacare in Court

On Thursday, in a literal 11th-hour brief, an hour before a midnight deadline, the Trump administration asked the Supreme Court to invalidate the Affordable Care Act, aka Obamacare, and strip healthcare from 23 million Americans during the COVID-19 pandemic. Thursday also marked the largest single-day increase in diagnosed Coronavirus cases in the U.S. to date, the day when the CDC admitted that coronavirus cases may be 10 times higher than reported.

More:

“Trump Administration Asks Supreme Court to Strike Down Affordable Care Act,” Sheryl Gay Stolberg, New York Times

“Trump administration asks Supreme Court to strike down Obamacare,” Meagan Flynn and Tim Elfrink, Washington Post

“Trump, Intent on Self-Destruction, Asks Supreme Court to Kill Obamacare,” Ed Kilgore, New York Magazine

Update:

“Obamacare Versus the G.O.P. Zombies,” Paul Krugman, New York Times

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Brett Kavanaugh’s High School Reunion

Mark Judge and “Squi” didn’t show up, but Justice Brett Kavanaugh hung out at Georgetown Prep’s Reunion last weekend, attending Friday’s Stag Night and the Homecoming game on Saturday. There was plenty of beer, but not for the judge:

“At one point during the football game, Justice Kavanaugh prepared to pose for a picture with former classmates. First, though, he instructed everyone to put down their beers, according to a person who witnessed the exchange (Justice Kavanaugh didn’t appear to be drinking.). “

— “Back at Georgetown Prep, Kavanaugh Is Hailed as a Hero,” Kate Kelly, New York Times

More:

“Justice Brett Goes To High School Reunion, Class Praised For Its ‘Loyalty,’” Elie Mystal, Above the Law

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Fraternity Pledge Inducted Into the Supreme Court

Judicial Temperament Tantrum

The shouting is over. Brett Kavanaugh (of Georgetown Prep, Yale legacy admissions, Delta Kappa Epsilon member, and the Federalist Society) was secretly sworn in as Associate Justice of the Supreme Court of the United States. If you’re keeping score at home, Mr. Kavanaugh is the first justice nominated by a president who lost the popular vote and confirmed by senators representing less than half of the country while a majority of Americans opposed his nomination. God Save the Republic.

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Protesters Outside Mitch McConnell’s House: ‘I Like Beer!’

Beer-swilling protesters … oh wait, it’s a beer festival near DC’s Navy Yard. Great timing.

Demonstrators protesting the Supreme Court nomination of Brett Kavanaugh gathered outside Senate Majority Leader Mitch McConnell’s house in DC this morning, chanting “I Like Beer!” and singing “What do you do with a drunken justice, what do you do with a drunken justice, what do you do with a confirmation early in the morning? Chug! Chug! Chug! Chug!” In case you were blacked-out or in a drunken stupor last week, this refers to Judge Kavanaugh’s spirited “I like beer” defense during his Judicial Committee testimony.

There are people drinking PBR from red Solo cups outside Mitch McConnell’s house at this early hour. They are chanting “I like beer.”

— Kasie Hunt (@kasie) October 5, 2018

MSNBC’s Kasie Hunt followed-up, sounding a bit disappointed:  “The promised keg did not materialize.”

In a related development last week, the conservative Federalist Society hosted an “I Still Like Beer” party.

More:

“PBR-Drinking Kavanaugh Protesters Chant Outside McConnell’s Home ‘I Like Beer,'” David Rutz, Washington Free Beacon

“Brett Kavanaugh Protesters Bring Beer, Chant ‘Chug’ Outside Mitch McConnell’s House,” Jenna Amatulli, Huffington Post

“Kavanaugh protesters bring beer, chant ‘chug’ outside McConnell’s home,” Aris Folley, The Hill

Update:

“Kavanaugh supporters drink beer to celebrate his confirmation,” Aris Folley, The Hill

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Showtime!

It’s spectacle showtime for charlatan-in-chief Donald Trump, who’ll select his prime-time pick for America’s next top model Supreme Court justice tonight at 9PM Eastern. Suspense mounts! Which conservative ideologue will win? Who will go home with a consolation prize?

More:

“How Trump turned the US Supreme Court into prime time television,” Ephrat Livni, Quartz

“Trump pushing for another reality-show reveal of Supreme Court pick,” Andrew Restuccia, Politico

“A ‘Supreme’ show: Trump savors big reveal for court choice,” BY Catherine Lucey and Zeke Miller, AP via Charlotte Observer

“Trump’s New Pageant: SCOTUS Pick Will Have To Look ‘All-American,’ Jibe With Trump,” Nicole LaFond, TPM Livewire

“Trump Is Picking His Supreme Court Nominee Like He’s Casting the Sports Illustrated Swimsuit Edition,” Bess Levin, Vanity Fair

“The Supreme Court Show,” Ross Douthat, New York Times

“The most interesting late development in Trump’s Supreme Court derby,” Aaron Blake, Washington Post

Inside Baseball:

“The Five Frontrunners,” Adam Feldman, Empirical SCOTUS

“Trump’s 2018 Supreme Court Shortlist and Their Views on Administrative Law,” Chris Walker, Notice & Comment

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