FOOL ME ONCE…FOOL ME TWICE | Not All Ice Cream and Ponies | Take a Chance Take a Chance
October 28, 2016
FOOL ME ONCE...FOOL ME TWICE
|New allegations of sexual misconduct were waged against JUSTICE CLARENCE THOMAS this week, with a former acquaintance accusing the justice of groping her at a dinner party in 1999. Moira Smith told the National Law Journal that he grabbed her briefly while she was setting the table for dinner. It has been 25 years since Justice Thomas joined the Supreme Court — a moment in history that was almost derailed by another allegation of sexual harassment from attorney ANITA HILL.
HOW TO RIGHT A WRONG
|Speaking of ANITA HILL, she told The National Law Journal yesterday that she wants a “fair investigation” into the latest sexual assault allegations against JUSTICE CLARENCE THOMAS. Hill: “To say that something like this is coming for political gains — and of course that was an allegation that was directed at me — is undermined by the fact that 16 years before, she went to friends and told people. So this is not something that she’s told for the first time at this point, this is something that people knew and they seem to be confirming.”
NOT ALL ICE CREAM & PONIES FOR SCOTUS
|“I have been writing for much of the year about the logic behind the court’s decision to remain above the partisan election fray. It makes perfect institutional sense — even as the candidates have tried to make the future composition of the court the focus of the election — for the court itself to remain calm and carry on. But in this second to last week before the election, we are starting to see the strain. The court is having trouble filling its docket. The justices are declining to schedule hot-button cases they had previously agreed to hear. The justices are taking it upon themselves to explain the situation to the country, and they do not all appear to be on the same page.” That’s Dahlia Lithwick with Slate, making the case for CHIEF JUSTICE JOHN ROBERTS to stand up and do something about his fellow conservatives refusing to fill the Supreme Court’s vacancy. “What can John Roberts say? It’s almost painfully simple. He can say, in the most sober, measured, and nonpartisan fashion that the court needs nine justices.” And then I think he can drop the mic on the whole fiasco.
HONEY I'M STILL FREE, TAKE A CHANCE ON ME
|NPR’s Wade Goodwyn and Nina Totenberg say there’s a case to be made for Republicans to confirm JUDGE MERRICK GARLAND and salvage some conservatism in case HILLARY CLINTON wins the presidency. “If the thought of Clinton having a nearly clear path to placing another JUSTICE GINSBURG or SOTOMAYOR on the court makes conservatives shudder, then the GOP Senate could look at the more liberal alternative train barreling down the tracks and accept the Garland compromise offered by OBAMA in the post-election ‘lame duck session.'”
THE POLITICS OF IT ALL
|Constitutional law professor Barry McDonald of Pepperdine University was “disturbed” by last week’s presidential debate. And not because of the candidates themselves, but because of the discussion that took place around the Supreme Court. He wonders, “Since when did an institution that is supposed to apply neutral principles of law to resolve disputes become a third political branch of our government? And when did judges who have built-in protection from being politically accountable to the people — such as lifetime jobs and salary protections — become our new political leaders?”
SUGAR SPICE AND EVERYTHING NICE
|Remember earlier this week when JUSTICES RUTH BADER GINSBURG and SONIA SOTOMAYOR spoke with Charlie Rose about being shrinking violets, having more women on the bench, and having nine justices on the bench? Well their full conversation is now available to watch. So waste no time. It’s well worth the watch; not only for the purposes of understanding the justices’ perspectives and friendships, but also if you want a good laugh on this fine Friday. Watch the video now.
ICYMI
|This week’s Hot Bench features Chris Geidner from Buzzfeed. Read our interview with him in which he talks about why he doesn’t have a favorite justice, and when was his most memorable day at the Supreme Court.
OTHER NEWS
Why Bill Gates is trying to change Washington's Supreme Court
The Hill“Washington State Supreme Court Justice Charlie Wiggins spent 10 months raising a little over $200,000 for his reelection campaign. On Oct. 17, a single donor — Microsoft co-founder Bill Gates — wrote a $200,000 check to a political action committee aiming to boot Wiggins from office.”