Politics
Opinion: The Supreme Court's conservatives onstage, unplugged, unrepentant
It’s that time of year when the life-tenured denizens of America’s imperial court, otherwise known as the Supreme Court, come down from their bench to mix with the masses.
Just kidding. The justices limit their appearances to friendly audiences, to elite folks too well-mannered to ask them about matters like gifts from billionaires with business before the court or misleading confirmation testimony to the Senate.
With oral arguments for this term’s cases ended in late April, the justices are now writing the decisions that will trickle out through June, including on whether to withhold gun rights from domestic abusers; limit access to mifepristone, the pill used for two-thirds of abortions; gut federal agencies’ regulatory power; and immunize Donald Trump from criminal prosecution. Amid their opinion-writing, they accept a few invitations to speak, cracking a window into their thinking as well as their gripes.
Opinion Columnist
Jackie Calmes
Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.
Four of the court’s six-member conservative supermajority were on the stump in recent days. Justices Clarence Thomas and Brett M. Kavanaugh spoke to groups of lawyers and judges in the congenial South. Samuel A. Alito Jr., one of the court’s six Catholics, was commencement speaker at “passionately Catholic” Franciscan University of Steubenville, in Ohio. And Chief Justice John G. Roberts Jr. gave a purposely anodyne address to a Washington-based judicial group.
The other three were more interesting. Kavanaugh defensively suggested that the unpopular court’s unpopular decisions — ending a half-century of abortion rights, for example — would be seen more favorably with time. Thomas whined to a sympathetic crowd about “the nastiness and lies” in the news media about himself and his would-be insurrectionist wife, Ginni; much of that coverage recently won a Pulitzer Prize for ProPublica. And Alito enjoyed a standing ovation when he was introduced as the author of the 2022 Dobbs antiabortion ruling, despite overwhelming opposition to it nationwide.
Kavanaugh spoke Friday in Austin, Texas. The city is a progressive oasis in the red state, but Kavanaugh appeared before judges, attorneys and court officials connected with the most conservative of the federal appeals courts, the U.S. 5th Circuit Court of Appeals, covering Texas, Louisiana and Mississippi. At a time when the Supreme Court is polling at record lows on job approval and public trust, Kavanaugh was appropriately asked during a question-and-answer session how to boost confidence in the judiciary.
He didn’t seem to see the problem. Instead Kavanaugh blithely compared the current Roberts court — which has greatly expanded rights for gun owners, police and corporations, limited those for voters, consumers and women, and eroded the wall between church and state — to the court of the 1950s and 1960s led by Chief Justice Earl Warren, whose landmark rulings desegregated public schools, expanded voting and other civil rights, ended mandatory Christian prayer in schools and established new rights for criminal defendants.
The Warren court’s decisions were “unpopular basically from start to finish,” Kavanaugh said. And yet “a lot of them are landmarks now that we accept as parts of the fabric of America.”
He’s right about the Warren court legacy. But Kavanaugh is kidding himself if he thinks that Dobbs and other decisions that he has backed will eventually gain widespread favor. The Warren court is remembered for expanding individuals’ constitutional rights; the Roberts court, in overturning Roe, is the first to take one away. (Kavanaugh’s support for Dobbs provoked Republican Sen. Susan Collins of Maine, the decisive vote for his confirmation, to complain that he’d “misled” her during the Senate’s consideration of his nomination.)
Thomas spoke the same day at a conference of the conservative U.S. 11th Circuit Court of Appeals, covering Georgia, Florida and Alabama. His most noteworthy remarks reflected the Roberts court’s other legacy: ethical indifference. The event was held at a luxury resort on Alabama’s Gulf Coast, appropriate given Thomas’ affinity for such places, which has been well documented by ProPublica and other media. Republican donor and billionaire Harlan Crow provided Thomas with yacht trips, real estate deals and other benefits.
Also appropriately, Thomas was with his wife, Ginni, who not only shared the largesse but also is central to Thomas’ other ethical transgression. She worked behind the scenes to overturn Joe Biden’s 2020 election, yet Thomas has refused to recuse himself from three cases before the court dealing with Jan. 6 and Trump’s role in conniving to stay in power.
To hear Thomas tell it, the problem isn’t his conflicts of interest but the critics and we journalists who report on him. “Especially in Washington, people pride themselves in being awful,” he said.
And that’s why he and Ginni like RV-ing across the country to see “regular people.” Thomas didn’t mention that an investigation by the New York Times found that his luxury 40-foot motor home was underwritten by another rich pal.
Alito, another billionaire’s beneficiary, received an honorary degree in Christian ethics on Saturday at Franciscan University. Like Thomas, he groused about his critics; fittingly, he quoted Rodney “I don’t get no respect” Dangerfield. Alito has become known for fussing that Christian conservatives get no respect, even as he and other conservative Catholics dominate the court. Free exercise of religion is “a disfavored right,” he’s carped in the past, and “you can’t say that marriage is a union between one man and one woman.”
In that spirit, Alito warned the Franciscan grads, “When you venture out into the world, you may find yourself in a job or a community or a social setting when you will be pressured to endorse ideas you don’t believe or to abandon core beliefs. It will be up to you to stand firm.”
God knows he does. And so do Thomas and Kavanaugh. The rest of us, the masses, are worse off for their supreme myopia.
Politics
Video: Bondi Vows to Keep Politics Out of Justice Department if Confirmed
“It will be my job, if confirmed as attorney general, to make those decisions. Politics will not play a part. I’ve demonstrated that my entire career as a prosecutor.” “You joined Mr. Trump in working to overturn the 2020 election. You’ve repeatedly described investigations and prosecutions of Mr. Trump as witch hunts, and you have echoed his calls for investigating and prosecuting his political opponents. This flies in the face of evidence. These are the kinds of anti-democratic efforts that in the past you have defended. And it’s critical that we understand whether you remain supportive of Mr. Trump’s actions.” “What would you do if your career, D.O.J. prosecutors, came to you with a case to prosecute — grounded in the facts and law — but the White House directs you to drop the case?” “Senator, if I thought that would happen, I would not be sitting here today.” “But let’s imagine that once again President-elect Trump issues a directive or order to you or to the F.B.I. director that is outside the boundaries of ethics or law. What will you do?” “Senator, I will never speak on a hypothetical, especially one saying that the president would do something illegal.” “Weaponization of the Justice Department may well occur under your tenure, and we want to make sure that that’s not the case, that you remain independent, that you remain able to and willing to tell the president no when that’s necessary to protect the Constitution and the integrity of the Department.” “I think that is the whole problem with the weaponization that we have seen the last four years and what’s been happening to Donald Trump. They targeted his campaign. They have launched countless investigations against him. That will not be the case. If I am attorney general, I will not politicize that office. I will not target people simply because of their political affiliation. Justice will be administered even handedly throughout this country.” “Who won the 2020 presidential election?” “Joe Biden is the president of the United States.” “Ms. Bondi did you know that there is a difference between acknowledging it? And I can say that Donald Trump won the 2024 election. I may not like it, but I can say it.” “As the Florida attorney general, Ms. Bondi achieved numerous successes. She engaged in key initiatives to fight human trafficking, countered the opioid epidemic and protect consumers and protect the citizens of Florida from violence.” “Will you do everything within your power as attorney general to enforce the laws on the books, including the president’s executive orders, and help do everything you can in the Department of Justice to restore security to our southern border?” “Yes, senator. Absolutely.”
Politics
'Lying to the nation': Trump orbit slams Biden for taking credit for ceasefire deal
President Biden is ending his tenure in the White House on a “sad” note after “lying to the nation” and taking credit for a cease-fire deal between Israel and Hamas during his farewell address on Wednesday evening, a Trump transition official said.
“Joe Biden is going out sad. Lying to the nation trying to take credit for a deal that all parties credit President Trump for making happen. Biden has had well over a year to secure the release of these hostages and peace. He failed. Trump succeeded,” a Trump transition official told Fox News Digital on Wednesday evening.
War has raged in the Middle East since October of 2023, with Israel and Hamas coming to a ceasefire agreement on Wednesday that also ensured the release of hostages.
Biden delivered his final address to the nation on Wednesday evening, where he took a victory lap for the cease fire in his opening remarks.
BIDEN TAKES SOLE CREDIT FOR ISRAEL-HAMAS DEAL, WARNS OF ‘OLIGARCHY’ THREATENING DEMOCRACY IN FAREWELL SPEECH
“My fellow Americans, I’m speaking to you tonight from the Oval Office. Before I begin, let me speak to important news from earlier today. After eight months of nonstop negotiation, my administration – by my administration – a cease-fire and hostage deal has been reached by Israel and Hamas. The elements of which I laid out in great detail in May of this year,” Biden said.
“This plan was developed and negotiated by my team, and will be largely implemented by the incoming administration. That’s why I told my team to keep the incoming administration fully informed, because that’s how it should be, working together as Americans,” he continued.
PRESIDENT BIDEN RELEASES FAREWELL LETTER, SAYS IT’S BEEN ‘PRIVILEGE OF MY LIFE TO SERVE THIS NATION’
Credit for reaching the agreement, however, was bolstered by the incoming Trump administration, according to sources who told Fox Digital that a recent meeting between Trump’s incoming Middle East envoy Steve Witkoff and Israeli Prime Minister Benjamin Netanyahu reportedly played a pivotal role in the deal.
FOX NEWS GETS AN INSIDE LOOK AT IDF’S WAR AGAINST HAMAS
Netanyahu also thanked Trump on Wednesday for “his assistance in advancing the release of the hostages.”
“Prime Minister Benjamin Netanyahu spoke this evening with US President-elect Donald Trump and thanked him for his assistance in advancing the release of the hostages and for helping Israel bring an end to the suffering of dozens of hostages and their families,” the official Prime Minister of Israel X account posted.
“The Prime Minister made it clear that he is committed to returning all of the hostages however he can, and commended the US President-elect for his remarks that the US would work with Israel to ensure that Gaza will never be a haven for terrorism.”
The X account added later: “Prime Minister Netanyahu then spoke with US President Joe Biden and thanked him as well for his assistance in advancing the hostages deal.”
ISRAEL-HAMAS CEASE-FIRE, HOSTAGE RELEASE DEAL REACHED: ‘AMERICANS WILL BE PART OF THAT’
When asked who the history books would remember for championing the ceasefire deal earlier Wednesday, Biden balked at the suggestion Trump and his team spearheaded the effort.
“Who in the history books gets credit for this, Mr. President, you or Trump?” Fox News’ Jacqui Heinrich asked Biden at Wednesday afternoon’s White House news conference.
“Is that a joke?” the president responded.
“Oh. Thank you,” Biden responded when Heinrich said it was not a joke, and then walked away.
Politics
Sen. Marco Rubio appears set to win confirmation as secretary of State
WASHINGTON — Once a bitter critic of President-elect Donald Trump, Republican Sen. Marco Rubio of Florida headed into his first Senate hearing Wednesday as nominee for secretary of State.
Rubio, with extensive experience on Capitol Hill and in foreign policy circles, appears to be the least controversial in Trump’s list of Cabinet picks, many of whom lack the credentials or background usually associated with their nominated jobs.
A foreign policy hawk — especially on China — Rubio, the son of Cuban immigrants, seemed likely to win easy bipartisan approval. On Wednesday, he faced the Senate Foreign Relations Committee on which he has served for 14 years.
If confirmed as expected, Rubio will be the first Latino to serve as America’s top diplomat.
In the past, Rubio largely hewed to long-standing Republican views on a multi-lateral approach to the world, embracing allies and united action. On Wednesday, he echoed Trump’s “America first” philosophy.
His State Department, Rubio testified, will be guided by a singular objective “to promote peace abroad, and security and prosperity here at home.”
“Placing our core national interests above all else is not isolationism,” Rubio said. “The postwar global order is not just obsolete; it is now a weapon being used against us.”
China, he said, is the “most potent” enemy the United States has ever faced, its “near peer” on many fronts, including technology, economy and diplomatic muscle.
“We’ve allowed them to get away with things …. and now we are dealing with the ramifications of that,” he said, advocating the U.S. must fortify its own industrial and supply chain capabilities to prevent “total dependence … from our security to our health” on the communist-led nation.
Rubio, who recently voted against an aid package for Ukraine, echoed Trump in saying Kyiv’s war with Russia had to come to an end. “There will have to be concessions made” by both Russia and Ukraine, he said. Many observers worry that Trump’s affinity for Russian President Vladimir Putin will lead to him demanding more sacrifice from Ukraine in any peace negotiation.
The hearing was interrupted by protesters; Rubio quipped that at least he gets bilingual demonstrators.
But overall, the mood among the senators was friendly and lacked the confrontations of the previous day’s hearing of Fox TV commentator Pete Hegseth, whom Trump has nominated to be secretary of Defense. Senators questioned Hegseth about his experience, drinking, position on women in combat roles and allegations of sexual assault, which he has denied.
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