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Opinion: The Supreme Court's conservatives onstage, unplugged, unrepentant

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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

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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.

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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.

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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.”

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God knows he does. And so do Thomas and Kavanaugh. The rest of us, the masses, are worse off for their supreme myopia.

@jackiekcalmes

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Park Police union says officers ‘did everything they could’ during DC anti-Israel riot

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Park Police union says officers ‘did everything they could’ during DC anti-Israel riot

Following the protests at Union Station by anti-Israel agitators defacing federal property in protest of Israeli Prime Minister Benjamin Netanyahu’s address to Congress, a Park Police union is pushing back against criticism that only a few arrests were made.

Thousands of Hamas-sympathizing agitators descended on Washington, D.C., Tuesday, at one point defacing federal monuments with phrases in support of the terrorist group responsible for the Oct. 7 attacks in Israel, saying, “Hamas is coming.” 

Twenty-three people were arrested at the protests, but some have suggested that number should have been higher. 

Sen. Marco Rubio, R-Fla., posted on X, “How many more times are they going to allow leftist degenerates who support terrorism and hate America to vandalize property and attack police? There should have been hundreds of arrests today in D.C. not just 23.”

HOUSE REPUBLICANS REPLACE AMERICAN FLAGS AT UNION STATION AFTER ANTI-ISRAEL PROTESTS

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The Columbus Memorial Fountain at Union Station during an anti-Israel protest on the day Israeli Prime Minister Benjamin Netanyahu addressed a joint meeting of Congress on Capitol Hill in Washington July 24, 2024.  (Reuters/Seth Herald)

But the U.S. Park Police Labor Committee is pushing back.

“Our officers on the ground did everything they could to protect life and property. In fact, despite having only 29 officers available to mitigate damage — 29! — with no additional help from the Department of the Interior, we processed several arrests for charges ranging from assault on a police officer to destruction of government property,” Kenneth Spencer, chairman of the United States Park Police Fraternal Order of Police, said in a statement. 

“That’s why it’s so disheartening to hear some members of Congress and members of the media, many of whom describe themselves as ‘champions’ of law enforcement, suggesting that officers gave protesters a ‘pass’ or that insufficient arrests were made. 

“Nothing could be further from the truth. Anyone who truly cares to understand the problem would see that our officer staffing crisis is at the root of our agency’s mission readiness. A small unit of 29 officers arrested 10 individuals while being assaulted by a mob of thousands. We simply did not have the staffing or resources to accomplish a mass arrest operation.”

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SEE IT: THE MOST DRAMATIC PHOTOS FROM WEDNESDAY’S PRO-HAMAS WASHINGTON, D.C. PROTESTS

A pro-Palestinian demonstrator sprays graffiti on Christopher Columbus Memorial Fountain at Union Station

An anti-Israel demonstrator sprays graffiti on the Christopher Columbus Memorial Fountain at Union Station on the day of Israeli Prime Minister Benjamin Netanyahu’s address to a joint meeting of Congress on Capitol Hill in Washington July 24, 2024.  (Reuters/Nathan Howard)

At least one demonstrator, whose face was covered, was spotted by Fox News carrying what appeared to be the flag of the terrorist group Hamas while others were heard shouting “Allahu Akbar.”

KAMALA HARRIS REACTS TO ANTI-ISRAEL RIOTS AT DC’S UNION STATION

Protesters-gather-for-Israeli-PM-Netanyahu's-address-to-Congress-in-Washington

Anti-Israel demonstrators burn an effigy depicting Israeli Prime Minister Benjamin Netanyahu outside Union Station on the day of Netanyahu’s address to a joint meeting of Congress on Capitol Hill in Washington July 24, 2024.  (Reuters/Nathan Howard)

The White House condemned the protests Wednesday evening, calling the chaos “disgraceful.” 

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“Identifying with evil terrorist organizations like Hamas, burning the American flag or forcibly removing the American flag and replacing it with another is disgraceful,” White House spokesperson Andrew Bates said in a comment to Fox News Digital Wednesday evening. 

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Ali: Kamala Harris has a campaign soundtrack: Beyoncé's 'Freedom'

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Ali: Kamala Harris has a campaign soundtrack: Beyoncé's 'Freedom'

Vice President Kamala Harris’ bid for the presidency has a soundtrack: Beyoncé’s “Freedom.”

The leading Democratic presidential candidate took the stage in her first visit to her Wilmington, Del. campaign headquarters and again during her first campaign rally in Wisconsin as the song played.

Now the cathartic anthem graces Harris’ first campaign ad, in which she says: “There are some people who think that we should be a country of chaos, of fear, of hate. But us? We choose something different: We choose freedom.”

Pit that against the musical number her competitor chose for his grand entrance on Night 3 of the Republican National Conference. Donald Trump walked out to James Brown’s “It’s a Man’s, Man’s, Man’s World,” a tone-deaf choice for a former president found liable for sexual abuse, who’s bragged about sexually assaulting women, a married man who paid hush money to a porn star and a former president who rolled back women’s reproductive rights 50 years with the repeal of Roe vs. Wade.

Maybe the Godfather of Soul would have endorsed Trump’s usage of his song, but Brown would be breaking with decades’ worth of musicians who’ve decried GOP candidates playing their tracks at rallies and booster events. Adele, Rihanna, R.E.M., the Rolling Stones, Prince, Neil Young, Guns N’ Roses and Queen are among the many artists who’ve spoken out against Trump using their tunes for campaign purposes.

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Heart bristled when the McCain-Palin campaign used “Barracuda.” Tom Petty insisted George W. Bush back away from “I Won’t Back Down.” Bruce Springsteen decried Ronald Reagan’s appropriation of “Born in the U.S.A.”

Beyoncé, however, gave Harris her blessing to use “Freedom,” a single from her 2016 blockbuster album “Lemonade.” The song, which features guest rapper Kendrick Lamar, is an explosive expression of empowerment. At the time of its release, it spoke to public outcry around police killings of unarmed Black men and women — Eric Garner, Tamar Rice, Freddie Gray — and protests that were largely fueled by the ire of younger generations.

Whether Beyoncé was singing about the tyranny of a cheating spouse or racial injustice (or both), the song became an anthem for a new, potentially potent block of the American electorate.

For the first time, Gen Z and millennials could now account for as many votes as baby boomers and their elders, groups that have made up a majority of the electorate for decades.

Folks under 40 have grown up with Beyoncé and her ubiquitous work. Think of Beyoncé like the Who for boomers — their work is everywhere (Republican Sen. Rand Paul played the band’s anti-war hit “Baba O’Riley” when he campaigned in 2015) — or Nirvana for Gen X, except no one cares what we think. Whatever, nevermind.

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The Harris campaign’s smart choice of music coincides with a willingness to lean into a meme culture that shot up organically around the 59-year-old VP since President Biden announced Sunday that he was dropping out of the race.

Pop star Charli XCX showed her support for Harris when she tweeted “Kamala IS brat.” The British singer is referring to the TikTok and Twitter edits of Harris’ image superimposed to songs from Charli XCX’s hit album “Brat.” The avalanche of memes come from a video clip in which Harris talks about her mother’s response to the hubris of youth: “You think you just fell out of a coconut tree? You exist in the context of all in which you live and what came before you.”

Right-wing social media used the quote to deride Harris as inarticulate and a “word salad” master, but liberal swaths of Gen Z have since reworked the clip into emojis and memes that celebrate Harris’ nonconformist approach. She’s become a viral sensation, in a good way, unlike J.D. Vance’s damning “single cat lady” memes and a cringey internet joke about encounters with couches.

It’s rare that relevant talent will shill for a Republican candidate. Case in point: Trump’s pop culture ambassadors at this year’s RNC were Kid Rock, Kanye’s ex Amber Rose and former WWE wrestler Hulk Hogan, whose big moment was ripping his shirt off and screaming “Let Trump mania run wild!”

Harris chose to let freedom ring, and she has Queen Bey behind her.

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Texas sues Biden administration over program giving birth control to teens without parents' knowledge

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Texas sues Biden administration over program giving birth control to teens without parents' knowledge

Texas officials are challenging a recent order from President Biden’s administration that would allow schools to distribute birth control to teenagers without parental consent.

Texas Attorney General Ken Paxton announced Thursday that his office is suing the Biden administration over their 2021 change to Title X guidelines banning parental consent requirements for birth control services.

“By attempting to force Texas healthcare providers to offer contraceptives to children without parental consent, the Biden Administration continues to prove they will do anything to implement their extremist agenda — even undermine the Constitution and violate the law,” Paxton said in a statement.

TRUMP SAYS HE ‘WILL NEVER ADVOCATE IMPOSING RESTRICTIONS ON BIRTH CONTROL’ OR OTHER CONTRACEPTIVES

A woman takes the next pill from a monthly pack of contraceptive pills.  (Annette Riedl/picture alliance via Getty Images)

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The Texas legal battle began in Dec. 2021 when US District Judge Matthew Kacsmaryk ruled that Title X — the federal program that provides free, confidential contraception to anyone regardless of age, income or immigration status —  violates parental rights and violates state and federal laws.

The case was argued by former solicitor general of Texas Jonathan Mitchell, representing father Alex Deanda, who said he was “raising each of his daughters in accordance with Christian teaching on matters of sexuality, which requires unmarried children to practice abstinence and refrain from sexual intercourse until marriage.”

SCHUMER PLANS VOTE ON ‘CONSTITUTIONAL RIGHT TO CONTRACEPTION’ IN BID TO PROTECT SENATE DEMOCRAT MAJORITY

Matthew Kacsmaryk

Kacsmaryk, a Trump appointee, previously ruled that parents must be informed when birth control is provided to their children under 18 years old. (Senate Judiciary Committee via AP)

In response, the federal government updated guidelines to state that Title X projects “may not require consent of parents or guardians for the provision of services to minors, nor can any Title X project staff notify a parent or guardian before or after a minor has requested and/or received Title X family planning services.”

Paxton is now seeking a permanent injunction on this rule, which he claims defies the findings of the federal court.

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Texas Attorney General Ken Paxton and his wife Angela are pictured outside the Supreme Court on Nov. 1, 2021.

Paxton and his wife Angela are pictured outside the Supreme Court. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

Paxton filed the lawsuit in a federal court in Amarillo. It will likely be heard by Kacsmaryk, the same judge who previously ruled parents must be informed of birth control provided to their children.

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