Wednesday, July 3, 2024

With respect to the Supreme Court's opinion (not "ruling" or "decision", it's -opinion-) on absolute immunity, Tropical Soulvangical uses the public blessing inference in the Federalist Papers, or maybe public condemnation, to declare that -trump- instead has Absolute Vulnerability. Among other things, that means -trump's- personal safety is in greater danger now more than ever, for what it's worth. But with opinions on abortion and one other opinion TSV forgets offhand, he now wants to promote the concept of public blessing he's heard about more front and center than he thinks it's ever been in the modern age. He's -thinking- that the public blessing bit comes specifically from Federalist Paper 78, with Alexander Hamilton doing most of the writing, and a mayoral figure at the time writing under the pseudonym "Brutus" (TSV can't help thinking of Popeye's main nemesis every time he hears that name, or maybe Caeser's protege who ends up killing him-?). Brutus and Hamilton go back and forth, TSV reads, saying things like, well about how about this, and, well the problem with that is so-and-so. One point he sees Hamilton making is that of the Supreme Court or at least the judiciary at large as somehow being the least powerful branch. That would explain why it runs at number 3 in the Constitution, with the legislation running at number 1. That he thinks contradicts this whole unaccountable oligarchic vision of the Supreme Court he has, up to now, been led to believe that's how we should look at it. But now he's saying, wait a minute. He vaguely remembers this obsession with the Supreme Court starting with the retirement of William Brennan in 1990, and people worrying about whether David Souter was going to tear down Brennan's legacy. Turns out he didn't, but TSV believes it's since then that the same media that's spinning "panic" on Biden started this notion of the Supreme Court as operating with absolute power, kind of like a teacher grading papers that the lawmakers as students submit to that teacher. TSV's cliff notes reading on Wikipedia (yeah he cheated) on Fed Pape 78 seems to demonstrate mostly the opposite. And here's another point that TSV doesn't think enjoys much attention, and that's the dissents in cases such as abortion and absolute immunity, those cases that he thinks get people all anxious about. Where the immunity case is concerned, TSV encourages Jack Smith to cobble a submission to that lower court that the case apparently has been sent back down to based on substantive portions of the dissents in that case. It's perfectly OK to go back and forth to really challenge the Supreme Court's opinion, TSV thinks, instead of reinforcing the finality myth he thinks is also associated with the Supreme Court. He's seen it in at least one other case years ago where a lower court and the Supreme Court went back and forth, so he thinks that challenges the notion that a case gets decided in a jury court and then goes to a higher court and then a yet higher court until it goes to the Supreme Court and then somehow it just stops in its tracks. His takeaway from the Fed Papes is that the only thing that makes the Supreme Court "supreme" is the language that got used in Hamilton's time to try to describe a hierarchy of the court system and what goes where. Just because a case goes to the Supreme Court doesn't mean he thinks it ever ends there. Look at Dred Scot. He's thinking people then were thinking, oh this is terrible but there's nothing we can do about it so we're screwed, nearly a hundred years before slavery got abolished entirely, rendering Dred Scot legally moot (tho certainly not historically). So what TSV wants to tell you that this all comes down to is, don't believe that how it works on paper is how it works in reality in the court system, just because the media has a preconceived notion of how it's supposed to work. TSV's wondering whether the opinion on absolute immunity would have been considerably different if it wasn't for that live mic forced error stunt, and whether this is kind of the Court's revenge. Yet another reason for TSV to bring to light the destructive tendencies of The Squad.

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