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In 2001, 2005 and 2017, some Democrat House members objected to the certification of electoral votes for the winning Republican presidential candidate. Those objections, while “denialist,” were only symbolic. But Democrat leaders in the House are now suggesting that if they control that body following November’s election–as they well might–they may refuse to allow a victorious Donald Trump to take office.
The Atlantic did the original reporting, behind a paywall. This is from the Election Law Blog:
Murray and other legal scholars say that, absent clear guidance from the Supreme Court, a Trump win could lead to a constitutional crisis in Congress. Democrats would have to choose between confirming a winner many of them believe is ineligible and defying the will of voters who elected him. …
In interviews, senior House Democrats would not commit to certifying a Trump win, saying they would do so only if the Supreme Court affirms his eligibility. But during oral arguments, liberal and conservative justices alike seemed inclined to dodge the question of his eligibility altogether and throw the decision to Congress.
“That would be a colossal disaster,” Representative Adam Schiff of California told me. “We already had one horrendous January 6. We don’t need another.” …
The choice that Democrats would face if Trump won without a definitive ruling on his eligibility was almost too fraught for Representative Jamie Raskin of Maryland to contemplate. He told me he didn’t know how he’d vote in that scenario. As we spoke about what might happen, he recalled the brutality of January 6. “There was blood all over the Capitol in the hypothetical you posit,” Raskin, who served on the January 6 committee with Schiff, told me….
The Democrats have become so insane on the subject of Donald Trump that it is hard to know which of their mutterings to take seriously. But if Trump wins the election and a Democrat-controlled House refuses to certify his election on the ground that he is an “insurrectionist” under the 14th Amendment, we will be past the point of a constitutional crisis. If that happens, the only realistic path forward will be disunion, possibly accompanied by civil war, but preferably not.
This is one reason why the Supreme Court should put the 14th Amendment theory out of its misery, once and for all. It is obvious that the drafters of that amendment meant the just-concluded Civil War, in which 600,000 Americans lost their lives, when they referred to “insurrection or rebellion” against the United States. In contrast, the January 6 protest was not one of the 50 most destructive riots of the last few years, and the only person killed was Ashli Babbitt. Not a single participant in the protest was arrested in possession of a firearm. Some insurrection!
In the interest of preserving the Republic, the Supreme Court should rule definitively that Section 3 of the 14th Amendment does not apply to Donald Trump.
One of the big stories in the New York Times today is another Clarence Thomas smear, but with a twist: “Justice Thomas Hires Law Clerk Accused of Sending Racist Text Messages.”
The story is about Crystal Clanton, who graduated from the Antonin Scalia Law School at George Mason University in 2022. She is coming off a clerkship with Judge William Pryor of the 11th Circuit, who calls her “an outstanding law clerk.” Justice Thomas has now hired her to clerk on the Supreme Court.
For the last seven years, Crystal Clanton has been dogged by reports of an email that she allegedly wrote, in which she supposedly said, “I hate black people.” The Times story admits that they have not seen any such message, and are relying on reporting by the New Yorker’s Jane Mayer, perhaps the least trustworthy source in America.
In 2017, Clanton was running field operations for Turning Point USA. Mayer did a hit piece on Turning Point that included a variety of allegations, including the one against Clanton. Mayer claimed to have seen a screen shot of the text. The story has dogged Clanton ever since. When she was offered a clerkship on the 11th Circuit by Judge Pryor, seven left-wing members of Congress lodged an ethics complaint against Pryor, based on Clanton’s alleged text. That complaint was investigated by the Second Circuit Court of Appeals, which found the complaint to be without merit and dismissed it.
This January 2022 story has the details. Clanton left Turning Point after the claim against her was first made, but the Second Circuit found it to be false:
The Turning Point executive “had determined that the source of the allegations against (Clanton) was a group of former employees,” [Second Circuit Chief Judge Debra] Livingston wrote. “One of these employees was fired after the organization learned that this person had created fake text messages to be used against co-workers, to make it appear that those co-workers had engaged in misconduct when they had not.”
Pryor and Maze knew about the allegations against Clanton when they interviewed and hired her. And both determined the allegations of racist behavior by Clanton were untrue and found she was highly qualified to serve as a clerk for them, Livingston wrote.
“There is nothing in the record to dispute any of this,” she noted.
Charlie Kirk is also quoted in that story:
“The media has alleged that Crystal said and did things that are simply untrue,” Kirk wrote. “I have first-hand knowledge of the situations reported on and I can assure that the media has made serious errors and omissions. The sources of these reports are a group of former employees that have a well-documented desire to malign Crystal’s reputation.”
The employee who was fired had “created fake text messages to be used against other employees,” Kirk wrote.
Crystal Clanton got to know Ginny Thomas when she worked at Turning Point, and she was evidently so distraught about her departure from that group that she lived with the Thomases for nearly a year. So Thomas knows her well. He wrote a letter in connection with the Second Circuit investigation:
“I know Crystal Clanton and I know bigotry,” Thomas wrote. “Bigotry is antithetical to her nature and character.”
Clanton didn’t respond to the Times’s request for comment in the story they published today, but back in 2017 she told The New Yorker that “I have no recollection of these messages and they do not reflect what I believe or who I am, and the same was true when I was a teenager.”
So there the matter rests. The moral of the story, I suppose, is that the Left never forgets. No matter that she was cleared by an investigation by one of the nation’s courts of appeals; once the Left gets its hands on a smear it never lets go. It will never stop trying to destroy your life. And of course, The New Yorker and the New York Times are two of the worst offenders.
Also, what makes this old story worthy of the Times’s A section? Only the fact that Justice Thomas is involved. The Times doesn’t care about a law clerk of whom few people have heard, but it cares deeply about smearing the country’s top conservative African-American. But what, exactly, are we supposed to infer from the Times story? That Clarence Thomas is weirdly favorable to those who hate black people?
A final irony: Supreme Court justices have no doubt hired any number of clerks who have written and spoken favorably about DEI, which actually is racist. But there is no controversy there: on the contrary, endorsing that form of racism is a badge of honor.
The Supreme Court has held 9-0 that the Colorado Supreme Court erred in blessing the disqualification of Donald Trump from the state’s primary election ballot under section 3 of the Fourteenth Amendment. The Court’s opinion is per curiam. Justice Barrett concurs in part and concurs in the judgment. Justices Sotomayor, Kagan, and Jackson concur in the judgment (i.e., the result). The Court’s opinions are posted online here.
The Court’s per curiam opinion commanded a majority and its reasoning represents the law. It rests substantially on the exclusive power of Congress to enforce section 3 against candidates for federal office, “especially the presidency.”
Does the opinion leave open the possibility that Congress might refuse to certify Trump as president if he were to be elected president on the ground that he is guilty of insurrection? If Congress has not prescribed any means other than conviction of the crime of insurrection to make the determination underlying application of section 3, I doubt it. See opinion at 10. However, I may be mistaken. Perhaps the opinion cannot be read that broadly.
The opinion concludes (emphasis in original, citations omitted):
All nine Members of the Court agree with that result. Our colleagues writing separately further agree with many of the reasons this opinion provides for reaching it. So far as we can tell, they object only to our taking into account the distinctive way Section 3 works and the fact that Section 5 vests in Congress the power to enforce it. These are not the only reasons the States lack power to enforce this particular constitutional provision with respect to federal offices. But they are important ones, and it is the combination of all the reasons set forth in this opinion—not, as some of our colleagues would have it, just one particular rationale—that resolves this case. In our view, each of these reasons is necessary to provide a complete explanation for the judgment the Court unanimously reaches.
Read the whole thing here.
UPDATE: Although he characterizes it as a 5-4 decision, Andrew McCarthy supports my reading of the per curiam opinion: “What that means is that if Donald Trump were to win the presidential election, congressional Democrats would not be able — in the next January 6 joint session of Congress — to refuse to ratify his victory on the grounds that he is an insurrectionist. Under the Court’s holding, it is now a prerequisite to enforcement of the Section 3 disqualification that a person must have been convicted under the insurrection statute.”
Last week I observed in “Liberal Fragility” how liberal law professors supposedly break down in tears they are so depressed that the Supreme Court has taken a turn away from the palmy days of their beloved Warren Court (which, recall, Barack Obama once said did not go far enough in the direction of true “equality”). Just imagine how much Xanax is being ingested after yesterday’s Supreme Court ruling that leaves Trump on the ballot.
I expected something like this from Keith Olbermann:
Dissolve the Court! Remind me again who is the threat to democracy and trasher of “democratic norms”? Almost makes you long for the good old days of court-packing.
But I hadn’t expected that a supposed conservative could be equally idiotic, but then the side-effects of Trump Derangement Syndrome, for which there is no vaccine, appear to be even worse that I thought:
The Supreme Court will decide if the Biden-Garland Justice Department’s “Ghost Gun” Rule violates the rights of law-abiding gun owners.
The post Supreme Court to Tackle Biden DOJ’s ‘Ghost Gun’ Rule appeared first on Breitbart.
CNN host Jake Tapper said Monday on his show "The Lead" that former President Donald Trump’s immunity argument was "crazy" because it would allow him to "do anything."
The post CNN’s Tapper: Trump’s Supreme Court Immunity Argument Is ‘Crazy’ appeared first on Breitbart.
Supreme Court justices appeared split during oral arguments on Wednesday in a case surrounding the Biden administration’s attempt to require emergency room doctors to perform abortions under the Emergency Medical Treatment and Labor Act of 1986 (EMTALA).
The post Supreme Court Seems Split on Biden Mandating Emergency Room Abortions appeared first on Breitbart.
A majority of Supreme Court justices sympathized with Donald Trump's attorneys' arguments that a president does enjoy some level of immunity that endures past the term of office.
The post Supreme Court Poised to Agree with Trump: Former Presidents Are Immune from Some Prosecutions appeared first on Breitbart.
Presidential historian Douglas Brinkley said Thursday on MSNBC's "The Beat" that Justice Samuel Alito's comments about SEAL Team 6 were "mocking our military" during the Supreme Court oral arguments on former President Donald Trump's claim that he is immune from prosecution.
The post Brinkley: Justice Alito’s ‘Irresponsible’ SEAL Team 6 Comments ‘Mocking Our Military’ appeared first on Breitbart.
Representative Zoe Lofgren (D-CA) said Thursday on CNN's "The Lead" that the Supreme Court acted like "partisan hacks" during the oral arguments on Donald Trump's claim that he is immune from prosecution.
The post Dem Rep. Lofgren: Supreme Court Looked Like ‘Partisan Hacks’ During Trump Immunity Argument appeared first on Breitbart.
Princeton professor Eddie Glaude Jr. said Thursday on MSNBC's "José Díaz-Balart Reports" that the Supreme Court considering arguments in Donald Trump's presidential immunity case was "really American democracy in the balance."
The post Glaude on Trump Immunity Case: ‘This Is Really American Democracy in the Balance’ appeared first on Breitbart.
Supreme Court Justice Samuel Alito on Thursday questioned if the criminal prosecution of an incumbent — who narrowly lost an election — could lead to the destabilization of the country as a whole as opposed to the incumbent knowing he could leave office peacefully.
The post Justice Samuel Alito Questions if Criminal Prosecution of Former President ‘Destabilizes the Functioning of Our Country’ appeared first on Breitbart.
A majority of the Supreme Court justices appeared to sympathize with Trump's attorneys' arguments that a president does enjoy some level of immunity that continues past the term of office.
The post Justice Samuel Alito Cites ‘Old Saw About Indicting a Ham Sandwich’ in Trump Immunity Case appeared first on Breitbart.
A majority of Supreme Court justices sympathized with Trump's lawyers' argument that a president does enjoy some level of immunity past the term of office.
The post Justice Alito Presses Jack Smith’s Team on Claim That Former Presidents Lack Immunity appeared first on Breitbart.
Harvard Law professor emeritus Laurence Tribe said Friday on MSNBC's "Andrea Mitchell Reports" that he believes the Supreme Court is following former President Donald Trump's "strategy of delay, delay."
The post Tribe: Shameful Supreme Court ‘Has Gone Along with the Trump Strategy of Delay, Delay Delay’ appeared first on Breitbart.
Representative Jamie Raskin (D-MD) said Thursday on MSNBC's "The ReidOut" that the Supreme Court should be moved to the Republican National Committee (RNC) headquarters after their questions during the oral arguments on immunity for former President Donald Trump.
The post Raskin: Supreme Court Should Be Moved ‘Over to the RNC Headquarters’ appeared first on Breitbart.
This is the "whirlwind" Schumer sought to unleash against the Supreme Court, and against conservatives in particular.
The post Blue State Blues: Schumer ‘Reaps the Whirlwind’ with Protests at His House appeared first on Breitbart.
Democratic strategist Donna Brazile said Sunday on ABC's "This Week" that after listening to oral arguments, the Supreme Court was close to "election interference" with their consideration of former President Donald Trump's immunity claim.
The post Brazile: Supreme Court Close to Election Interference, ‘Justice Delayed Is Democracy Denied’ appeared first on Breitbart.
Retired Federal Judge J. Michael Luttig said Sunday on MSNBC's "Velshi" that the Supreme Court was fiddling as former President Donald Trump's immunity claims are an "existential threat to America's democracy."
The post Luttig: Supreme Court Fiddling While Trump Is an ‘Existential Threat to America’s Democracy’ appeared first on Breitbart.
The left-wing Arabella Advisors network has raked in more money than either of the two major political parties and affects almost every element of public policy and elections, argues Scott Walter, president of the Capital Research Center, a Washington-based investigative think tank.
Walter’s new book “Arabella: The Dark Money Network of Leftist Billionaires Secretly Transforming America” shows that in the 2020 election cycle, Arabella Advisors’ nonprofits took in $2.4 billion. That’s $1 billion more than the combined fundraising of the Democratic National Committee and the Republican National Committee.
That amount rose to $3 billion in the 2022 election cycle, Walter says. Moreover, he adds, nothing on the Right comes close to competing.
“Arabella does not discriminate. It is working on arcane regulatory issues … but it also is running Facebook ads, attacking certain congressional candidates and boosting others. It plays in environmental issues. It plays in abortion issues. It plays in election policy,” Walter says on “The Daily Signal Podcast.”
Walter is set to testify Tuesday before the House Natural Resources Committee about what he calls “left-wing dark money [used] to influence environmental policy.”
“Arabella also continues to be very active in the environmental policy area in all sorts of ways,” he adds.
Arabella-backed organizations have been involved in battles over abortion and Supreme Court nominations and advocated that biological males compete in women’s sports.
Walter’s book details how two Arabella-aligned groups, the Center for Secure and Modern Elections and the Institute for Responsive Government, are involved in shaping election policy at the local level.
He notes that an Arabella-sponsored group funded by billionaire financier George Soros helped formulate the Biden administration’s recent change in Title IX policy to make it easier for biological males to compete in girls’ scholastic sports.
“That was plotted through a highly secretive group in the Arabella network, funded entirely with Soros money,” Walter said. “Governing for Impact, which they started in 2019, two years before the Biden administration was even sworn in. And they worked with Harvard Law School folks to do very sophisticated legal strategy memos of how to overturn dozens of regulations in the federal government, the most famous being Title IX.”
What’s differentiates Arabella from other major donors on the Left is the level of secrecy, Walter says. The network is more secretive than most nonprofits financed by Soros and his family, he says.
“We have tracked the institutional donors, and we can tell you that for almost all of the Arabella nonprofits, Fidelity Charitable Gift Fund, which provides donor-advised funds to wealthy people, is the largest,” Walter said. He added, “Other really big donors to the Arabella network have [included Microsoft co-founder] Bill Gates. He is one of the largest, mostly through his foundation. [Facebook founder] Mark Zuckerberg has given tens of millions, mostly for criminal justice reform—quote unquote—[that results in] letting criminals back on the streets.”
A spokesperson for Arabella Advisors didn’t respond to The Daily Signal’s request for comment for this report.
Listen to Walter outline Arabella’s reach in a discussion of his book in the podcast below:
The post Arabella Network’s Leftist ‘Dark Money’ Influence Expanding, Author Reveals appeared first on The Daily Signal.
Eight Democrat-nominated judges shoved transgender surgery closer to becoming a constitutional right via their decision Monday in a federal appeals court.
The post Appeals Court Says States Must Fund Transgender Surgeries appeared first on Breitbart.
The Supreme Court of the United States (SCOTUS) is taking lawsuits against the Illinois "assault weapons" ban and the ban in Maryland into conference.
The post U.S. Supreme Court Taking Gun Ban Challenges to Conference appeared first on Breitbart.
A convicted sex offender is asking the Norwegian Supreme Court to declare that social media access is a human right.
The post Sex Offender Who Contacted Young Boys Online Wants Social Media Access Declared a Human Right appeared first on Breitbart.
Legislation adopted Wednesday by the House of Representatives would restore a question about U.S. citizenship to the 2030 census, potentially reshaping congressional representation and the Electoral College.
Lawmakers voted, 206-202, to pass the Equal Representation Act, a bill championed by Reps. Chuck Edwards, R-N.C., and Warren Davidson, R-Ohio. (See how your representative voted.) Sen. Bill Hagerty, R-Tenn., introduced the Senate version, which Republicans overwhelmingly supported in a March vote.
With millions of illegal aliens residing in the United States—a problem exacerbated by the Biden administration’s border policies—the legislation aims to protect Americans’ electoral power and congressional representation by ensuring foreign citizens aren’t counted in the census.
“If you are an illegal immigrant, you should not be represented in the U.S. Congress,” House Majority Whip Tom Emmer, R-Minn., told The Daily Signal. “It’s a shame that House Democrats are allowing their open-borders agenda to get in the way of common sense.”
One of those Democrats openly acknowledged the benefits of counting illegal aliens. Rep. Yvette Clarke, D-N.Y., admitted, “We have a diaspora that can absorb a significant number of these migrants. … I need more people in my district just for redistricting purposes.”
Democrat Congresswoman Yvette Clarke on illegal immigrants in America:
— Steve Guest (@SteveGuest) January 9, 2024
"I need more people in my district just for redistricting purposes."
The end game: Dems are willing to destroy what it means to be an American citizen to help themselves politically. pic.twitter.com/3XmBDqYEsH
After being in all but one census from 1820 to 2000, the citizenship question was abandoned in the 2010 questionnaire during the Obama administration. The Trump administration attempted to restore the citizenship question for the 2020 census, but a divided Supreme Court ruled against its approach, and the idea was abandoned.
The Equal Representation Act would require the citizenship question on the 2030 census and each decennial census that follows.
Heritage Action, an independent partner of The Heritage Foundation, advocated for passage of the Equal Representation Act. The organization scored Wednesday’s vote on HR 7109. (The Heritage Foundation created The Daily Signal in 2014.)
Ryan Walker, Heritage Action’s executive vice president, faulted the Obama administration for undoing nearly 200 years of precedent. Walker said the consequences of inaction are significant, given the ongoing border crisis.
“Illegal immigrants and other noncitizens cannot vote, and should not be given the power to sway our elections or congressional maps—especially in light of Joe Biden’s border crisis that has brought more than 10 million people into our country,” Walker said. “The Equal Representation Act puts electoral power back in the hands of those with the right to vote—American citizens—something every member of Congress must protect.”
The House version amassed 114 co-sponsors and was approved by the House Committee on Oversight and Accountability in April on a 22-20 vote.
Illegal aliens should have ZERO influence in our electoral process.
— Rep. Eric Burlison (@RepEricBurlison) May 8, 2024
You don't get to come to our country, break our laws, and then be included in congressional apportionment.
That's why I cosponsored the Equal Representation Act, which the House will vote on tonight.
“Members of Congress represent U.S. citizens, not foreigners,” said Davidson, the bill’s co-sponsor. “Under the Democrats’ open-border policies, sanctuary cities and states inflate their population with illegal aliens. Then they’re rewarded with more congressional representation by a census that counts illegals. The inflated count is then used to draw congressional maps, undermining fair representation for our citizens.”
Edwards stressed only American citizens can legally vote, “so, only American citizens should be counted when determining federal representation.”
Hagerty forced a vote on the Equal Representation Act in March. It ultimately failed, 51-45, although only one Republican, Sen. Lisa Murkowski of Alaska, voted against it. Three other Republicans didn’t vote.
The post House Passes Bill to Restore Citizenship Question to Census appeared first on The Daily Signal.
Former Secretary of State Hillary Clinton said Thursday on MSNBC's "Morning Joe" that the Supreme Court is doing a "grave disservice" to the nation by delaying its ruling on former President Donald Trump's presidential immunity claim.
The post Clinton: Supreme Court Doing ‘Grave Disservice’ by Not Deciding Trump Immunity appeared first on Breitbart.
It's a dream scoop for the New York Times: Supreme Court Justice Samuel Alito displayed a "Stop the Steal" symbol outside his house! Unfortunately for the Times and reporter Jodi Kantor, there isn't any real evidence for that headline -- only a helpful heaping of BlueAnon fever-swamp paranoia.
The post Dulis: NYT Suggests, Without Evidence, Justice Samuel Alito Sent ‘Stop the Steal’ Message Outside His Home appeared first on Breitbart.
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