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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Trump Narrows Supreme Court Picks Down to Three

Drama! Suspense mounts on the reality-TV show known as the Trump presidency as we near the prime time Monday night announcement of Mr. Trump’s nominee to replace Supreme Court Justice Whatshisname. The president has narrowed the list prepared by the Heritage Foundation and the Federalist Society to three possible nominees, Brett Kavanaugh, Amy Coney Barrett, and Raymond Kethledge. While Republicans argue about which one is the most stalwart conservative ideologue, Mr. Trump makes personnel decisions based on a candidate’s looks. That’s certainly worked out well for him so far!

More:

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

“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

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Trump Supreme Court Pick: Worst TV Game Show Ever

President Donald Trump has accepted the resignation of Supreme Court Justice Whatshisname, and scheduled the announcement of his replacement nominee for July 9th. The president will ponder this momentous decision while spending the July 4th weekend in his Fortress of Solitude Trump Bedminster National Golf Club in New Jersey. There is said to be a shortlist of 5 possible contenders, none of them Gary Busey or Meat Loaf. “I may have two of them come up, like the old days to Bedminster,” said the president, “could be this weekend…It is exciting.” Suspense! Imagine the ratings. May the best conservative ideologue win!

There will be no swimsuit competition, even though two of the candidates are women. Senate Democrats and civil rights groups are asking Senate Majority Leader Mitch McConnell to delay the confirmation vote until after the midterm elections, but he just smiles.

More:

“Supreme Court Announcement Scheduled Just Like The World’s Worst Game Show,” Joe Patrice, Above the Law

“It’s ‘The Apprentice, Supreme Court Edition,’ as Trump Summons Finalists to White House,” Maggie Haberman, Michael M. Grynbaum, and Ron Nixon, New York Times

“Online bettors see Kavanaugh as likely U.S. Supreme Court nominee,” Reuters

“Chuck Todd: GOP ‘may fully pull that hypocrisy muscle’ by confirming SCOTUS pick in election year,” Jacqueline Thomsen, The Hill

“Mitch McConnell shows there’s no honor among Supreme Court thieves,” Scot Lehigh, Boston Globe

Updates:

“Trump Narrows Supreme Court Shortlist To 3 — With 2 On The Inside Track,” Nina Totenberg, NPR

“Gamblers betting on Kavanaugh as Trump’s Supreme Court pick,” Matthew Nussbaum, Politico

Related:

“Just Like LeBron James, Justice Anthony Kennedy Is Now A ‘Free Agent,’” Staci Zaretsky, Above the Law

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Judge Thomas Hardiman: Miss Congeniality

The suspense is over: President Donald Trump named Federal Appellate Judge Neil Gorsuch as “Man Most Likely to Be Cast as a Supreme Court Justice in a TV Movie.” “I have selected an individual whose qualities define — really, and I mean closely define — what we’re looking for,” said the president, a devotee of central casting.

Judge Gorsuch is no stranger to DC. While a high school student at $30,000-a-year Georgetown Prep, he founded the Fascism Forever Club. That certainly would get the alt-right nod from the Commander-In-Fact, Mr. Steve Bannon.

Mr. Trump handled the Big Reveal with the decorum he became known for in his beauty pageants and reality TV shows. Rumor had it that SCOTUS runner-up Judge Thomas Hardiman would come to DC to heighten the suspense, but it was just fake news back-channel hype.

More:

“It’s ‘The Apprentice, Supreme Court Edition,’ as Trump Summons Finalists to White House,” Maggie Haberman, Michael Grynbaum, and Ron Nixon, New York Times

Related:

“Behind the Smoke Screen: What Reality-TV Veterans Think of Donald Trump’s Presidency,” Julie Miller and Josh Duboff, Vanity Fair

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Justice Scalia Lived as He Died

Supreme Court Justice Antonin Scalia died in luxury at a ranch resort owned by a Texas millionaire who had business before the court last year:

“Though that trip has brought new attention to the justice’s penchant for travel, it was in addition to the 258 subsidized trips that he took from 2004 to 2014. Justice Scalia went on at least 23 privately funded trips in 2014 alone to places like Hawaii, Ireland and Switzerland, giving speeches, participating in moot court events or teaching classes. Just a few weeks before his death, he was in Singapore and Hong Kong.

Supreme Court: Love Wins, 5 to 4.

On Friday the Supreme Court of the United States announced its ruling in Obergefell v. Hodges. The majority (Justices Kennedy, Ginsburg, Breyer, Sotomayor and Kagan) held that the Due Process Clause of the 5th Amendment and the Equal Protection Clause of the 14th Amendment guarantee marriage equality for same-sex couples in all 50 states, the District of Columbia, and the territories of the United States. The USA is now one of 21 countries with nationwide marriage equality.