When (if ever) it's appropriate to make jokes before the US Supreme Court
scotusblog.com
scotusblog.com
I can certainly empathize with people who don't like the outcomes of some recent SCOTUS decisions. I don't like the outcome of Dobbs for example. But picking outcomes is emphatically not the job of the judicial branch, that is Congress' job. The judicial branch is supposed to interpret laws and the Constitution as accurately as possible, but not write them.
N.b. some interesting stats: in the 2024 term, for example, ~40% cases were unanimously decided, and only about 1 in 11 were split along ideological lines, according to this study from scotusblog (ideology calculated as Martin-Quinn score): https://cdn.sanity.io/files/pito4za5/production/d8301fc26d15...
Uhhh, yeah that's a big <citation needed> there bud.
If a prominent party member gifts you lavish vacations and you subsequently decide cases along party lines, what else would you call that?
I looked at one of the more vehement and thorough articles alleging the thing you are, and it was pretty unconvincing: https://truthout.org/articles/report-harlan-crow-has-a-stake...
Describe this situation to anyone not deep in a political bubble and see what they call it.
Yes, it is very obvious the Constitution said the president is immune. And the recent decision on the VRA is completely based on the interpretation that there is no more racial discrimination - which fell apart in the days after.
>N.b. some interesting stats: in the 2024 term, for example, ~40% cases were unanimously decided
Now do the statistics for 2025-2026, cherrypicker.
In general, I think debates (the school competition kind/internet spectacle kind) focuses entirely to much on perception, and very little on content, in that whoever wins is completely disjoint from who if any is actually right. Though I suppose it's easier to police/moderate the presentation than the veracity.
TL;DR: I agree with you in general, all else being equal, but that's not always the case.
This constant appeal to civility only serves to stamp down any discussion. One side is doing ugly things, but the other is put down the second they dare use a bad word or are even slightly snarky.
The parent comment is lying and manipulating his ass off - of course he is, why would he willingly mention statistics from 2024 when we are in 2026? He did it on purpose; but you find offense in my comment because I dare point it out in a not-kind-enough way. Not even unkind nor insulting: not kind enough. I am even called "contrarian". Words stopped meaning anything, apparently.
I'll have to get back to you about the ideological split. Presumably the MQs haven't changed, so this would be a simple counting exercise. Would need to check the 2024 statpack methodology.
Edit: I counted 2/28 split ideologically. Could go up to 4/28 depending on how you define it. And of course, these stats could change a lot as more decisions come in. But presumably the public perception of ideological divisions is driven by _decided_ cases, and these statistics would suggest that's unfounded.
It drove me crazy to try to remember and assess not just how to say it in Japanese, but how to change the subject to be honorific, or extra honorific. Or change my own pronoun to ore, boku, watashi, watakushi depending on whether I wanted to try to be intimate or not. Or, remember that damn conjugation rules around converting the sentence to passive, or whatever.
Those rules made me constantly insecure when talking to peers, even when they weren't technically peers. When I did aikido, I was starting as a 1st year in aikido, though I was a 3rd year in college. So, many of my "senpais" were younger but I had to address them a certain way, even when we weren't in the dojo.
All these rules from this article seem like they are designed to give the judges power over the people addressing the court. That seems really strange when I think about it that way. Why do we need to lionize the people, can't their brilliant legal minds carry the full weight of the arguments and decisions?
Ultimately, the court is there to implement a procedure. The procedure wasn't invented by the judges; in criminal cases, it's there to give you some protection from the rest of the government, which could otherwise use its police powers to put you in prison based on a whim. The protection isn't perfect, but it beats the alternative.
The court would not be able to carry out that procedure if, for example, anyone could just constantly talk over the judges and not let them get a word in. So there is a pecking order in the courtroom, but mostly because you couldn't have courts without it.
"yes, officer"
"yes, doctor"
"yes, madam mayor"
"yes, senator"
These are all examples where we do use honorifics. And now for ones where we don't.
"yes, planner"
"yes, assessor"
"yes, child caseworker"
In all the cases, the institution should have integrity and we're not interacting with them as individuals but as agents of the institution. Certainly tax assessors should not be acting on their own personal beliefs but are merely mechanical agents of an impartial tax machine (as judges should be in their domain). However, in some it sounds ridiculous and in others it's natural. The existence of "yes, chef" (in a kitchen) or "yes, coach" (on a team) points to a more general reason: this is a way of expressing that the person with the title has some degree of social standing in the context we're interacting with them in.
There might be a more specific reason we can come up with that is specific to judges, but the general reason suffices to explain it.
When you basically let your institution be co-opted as a part of a man's effort to run the federal government as a private company intended exclusively for the benefit of himself and his associates, you can expect jokes.
Yeah, unfortunately these days you have to choose between stressful awareness or (often deliberate) complete ignorance. Sometimes I do wish I was too unintelligent to understand what's wrong, I might be able to enjoy life a bit more.
The current Supreme Court has no regard for law and justice for the people of the USA. What a joke.
Republicans simply suceeded in their plan to take over the federal judiciary branch from the top, in great part with the help of the Federalist Society.
The only answer if Democrats ever take power back is to pack the court now, no amount of unwritten rules following and norms respecting can work against people who abuse the system and packed the court themselves (by unjustifiably blocking candidates nominations which would have balanced the court, for years)
(The other five shitheads would have been confirmed without dem votes if I'm not mistaken.)
[0] https://www.senate.gov/legislative/LIS/roll_call_votes/vote1...
Don't get me wrong, I absolutely blame the republicans for the state of the court. I'm just saying the dems have some shit on their hands too.
Everyone who voted for him is culpable.
https://www.cnbc.com/2024/06/06/supreme-court-justices-milli...
Etc etc, and that's just one of them, and that's just what's public.
Judicial reform bills have tried to address the issue, but these bills have very little chance of success in the current political environment.
From 2024:
https://www.vanhollen.senate.gov/news/press-releases/van-hol...
Looking it up, Supreme Court Justice Abe Fortas resigned from office because he accepted $20k from a chap who he was judging a case on. It reminds me of Babe Ruth's life time earnings being under a million, while Shohei Ohtani's annual pay rewound to 1931 dollars is some 3 times that.
Here's the source I'm sure you'll want: https://www.cnbc.com/2024/06/06/supreme-court-justices-milli...
It's a big surprising thing to hear about for the first time! Glad to help you become familiar.
I’m curious what you think will happen with Crow’s gifts if Thomas doesn’t strategically retire this term.
Why does this matter? I'm not involved in any SC case but if I showed up at Clarence Thomas's door with $10 asking him to rule a certain way on a case I'm interested in, it would be called bribery by any sane definition.
The correct metaphor is if you had an interest in a case, gave Clarence Thomas $10 and said get yourself a nice froyo.
It is possible that a bribe was given by someone who is not party to the case and the comment I replied to was explaining that someone who is not party to the case was not giving a bribe, by virtue of the fact they weren't party to the case. I was hoping you could explain your perspective in the context I described but it seems I stumped you, hence the distraction about froyo and no substance in the reply.
> They're probably referring to the millions of dollars of gifts Clarence Thomas received over the years, often just prior to ruling in the gift giver's favor.
I was pointing out that, despite the implication, those gift givers were not involved in SC cases, to cast doubt on the notion that these gifts were bribes. You countered with the example of a gift giver who has an interest in a case and expresses an interest in a case being ruled a certain way. Sure, that could be a bribe. But my response emphasized that your example doesn't accurately describe what we know about the gifts from Crow.
If you read that CNBC article you will find no mention of bribery, influence peddling, or any cases that Harlan Crow had an interest in. I even took the trouble to find some case Harlan Crow might have an interest in and found this article: https://truthout.org/articles/report-harlan-crow-has-a-stake... The links were pretty tenuous to me.
To summarize, what the CNBC article identifies is lots of gift giving. We have no evidence the giver conditioned these gifts on an understanding of ruling a certain way on particular cases. Furthermore (IIRC from reading scotusblog) the decision record on the potentially sketchy cases (Loper Bright, CFPB, Acheson Hotels, & Moore) does not reflect a significant change in Thomas' behavior in some cases, nor a diversion from the unanimous decision of the court in others.
In other words, we've not reached the question of who can be a bribe giver, because we haven't identified a bribe, as far as I can tell. But I would agree that a gift given by a nonparty can be a bribe if conditioned properly. I apologize if my initial comment gave the impression otherwise, so as to induce a kind of goalpost-moving which might be happening now. I wasn't as familiar with the details until now when I could make a stronger statement, so I began with something basic.
It used to matter if you would say such things in court. It does not matter now when the court is loaded with unintelligent purchased ghouls.
I actually like to call out AI shortcomings
https://news.ycombinator.com/item?id=47507666#47513216
Also, hope I’m not succumbing to AI psychosis, and starting to talk more like a bot. Autism be like that sometimes.
Are you pro abortion? The end justifies the means, because you are saving women.
Are you pro live? The end justifies the means, because you are saving babies.
As long as the playing field is good vs evil there can't be a rational discussion.