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Keep Nine and Ban Court-Packing By Janet Levy

https://www.americanthinker.com/articles/2023/03/keep_nine_and_ban_courtpacking.html

The independence of the Judiciary — enshrined in the Constitution and essential to both the rule of law and democracy itself — has not been immune to attack.  Acting through Congress, the federal government has on seven occasions changed the number of justices on the Supreme Court, chiefly for political gain.  Such court-packing reflects badly on the American judicial system as a whole, since the perception of judicial independence or its absence permeates all levels of the courts.

To end the pernicious practice, a group of 15 former state attorneys general — eight Democrats and seven Republicans — got together in 2019 to found the Coalition to Preserve the Independence of the United States Supreme Court.  They proposed a constitutional amendment to permanently ban court-packing — the one-sentence Keep Nine Amendment — which says: “The Supreme Court of the United States shall be composed of nine Justices.”

It now has the support of over 200 members of Congress, 19 state legislatures, attorneys general, governors, and other government officials.  Voters support the amendment, 62% for versus 18% against.  Many justices, including Stephen Breyer and the late Ruth Bader Ginsburg, agreed that nine is “a very good number,” large enough to represent some diversity of views, small enough to allow the Court to be sufficiently deliberative.  Nine is also the number of justices the Court has had since 1869. 

In September 2020, U.S. rep. Dusty Johnson (R-S.D.) introduced the amendment in the House of Representatives as House Joint Resolution 53; he reintroduced it in 2021 (H.J.Res. 11) and again in January 2023 (H.J.Res. 8).  In October 2020, Senator Ted Cruz (R-Texas) introduced it in the Senate as Joint Resolution 76.  Senator Marco Rubio (R-Fla.), too, proposed an amendment in 2021 that the Supreme Court bench shall constitute “not more than nine judges.”

According to Article V, there are two ways to amend the Constitution: by a two-thirds vote on a proposed congressional resolution or by a convention called by Congress in response to applications from two thirds of the state legislatures.  According to Paul Summers, former attorney general of Tennessee and current chair of the Keep Nine coalition, this is an opportunity for American leaders to come together despite their deep differences to protect the independence of one of the key institutions that protects our republic.

Ron DeSantis finally speaks up about the probable Trump indictment By Andrea Widburg

https://www.americanthinker.com/blog/2023/03/ron_desantis_finally_speaks_up_about_the_probable_trump_indictment.html

Ron DeSantis finally had his say about the news, and he hit it out of the park.

In three minutes, DeSantis addressed the malevolence of Soros prosecutors, the legal principles at issue, and his own admirable record. He also threw in an attack against Trump that succeeded in triggering one of Trump’s famously self-harming counterattacks.

If you don’t want to watch the video, here are the key points DeSantis made:

He was limiting his comments because there are no concrete facts available.
Alvin Bragg is a “Soros-funded prosecutor” and, therefore, is “like other Soros-funded prosecutors—they weaponize their office to impose a political agenda on society at the expense of the rule of law and public safety.”
Even as Bragg is weaponizing his office, he’s making it impossible to put real criminals in jail, causing crime in Manhattan to go up, while “citizens become less safe.”
He reminded his audience that he is the only governor to date to have rid his state of a Soros-funded prosecutor.
He has no interest in getting involved in a Soros-prosecutor’s “circus,” which is to “virtue signal” to his base because he has to take care of his own state, which has real and immediate needs that are his responsibility.
And in a small, but vicious attack against Trump, DeSantis slipped in that “I don’t know what goes into paying hush money to a porn star to secure silence over some type of alleged affair. I just I can’t speak to that.”

Trump, the counterpuncher, did what he always did: He went on the attack against DeSantis. It was a foolish attack because it showed that DeSantis is living in his head, just as Trump has lived in leftist heads. It shows fear.

He began with a post implying that DeSantis has a secret gay love life:

Donald Trump, Regime Foe We don’t acknowledge that we promulgate bills of attainder in this country, but that is essentially the judgment that has been pronounced against the former president. By Roger Kimball

https://amgreatness.com/2023/03/20/donald-trump-regime-foe/

The funniest thing I have read in, well, at least the last several hours, comes from Manhattan’s George Soros-funded affirmative-action district attorney, Alvin Bragg. Responding to the uproar that greeted Donald Trump’s all-caps Truth Social warning that he would be “arrested” on Tuesday, Bragg sent ’round a memo to his staff informing them, and the world, that “This office is full of the finest public servants in the country.” 

The comedy didn’t end there, however. 

“I am committed to maintaining a safe work environment where everyone is able to continue to serve the public with the same diligence and professionalism [!] that make this institution so renowned. In the meantime, as with all of our investigations, we will continue to apply the law evenly and fairly . . .” 

What a card! And, yes, that’s my emphasis but his credulity-breaking bluster. 

“Evenly and fairly,” forsooth. Everyone knows that Alvin Bragg does not apply the law at all evenly or fairly. Favoring and disfavoring certain groups is what he is famous for doing. It’s his standard operating procedure. When it comes to your common or garden variety violent thug, especially those of a swarthy disposition, Bragg is the Angel of Mercy. 

Last year, Bragg reduced the majority of felony charges that were brought before him to misdemeanors while at the same time targeting people like the bodega employee who fought back to protect himself after being assaulted by one of those common or garden variety thugs. 

Will Donald Trump be “arrested” this week? I wouldn’t be surprised. Minions of the state at every level have been working overtime to neutralize Trump for years. 

The Death of Dissent If anyone thinks conditions will improve soon, just wait until this same Justice Department indicts Trump for “inciting” the events of January 6. By Julie Kelly

https://amgreatness.com/2023/03/20/the-death-of-dissent/

The lead prosecutor in charge of the January 6 investigation, the largest probe in Justice Department history, just confirmed what American Greatness has reported for months: the number of criminal cases related to the Capitol protest is expected to at least double before it’s all over.

U.S. Attorney for the District of Columbia Matthew Graves, an advisor to Joe Biden’s presidential campaign who took over the powerful office in late 2021, sent a letter to the chief judge of the D.C. District court warning up to 1,200 more individuals could face charges. 

“We expect the pace of bringing new cases will increase, in an orderly fashion, over the course of the next few months,” Graves told Beryl Howell, who ended her term as chief judge last week. Graves’ office just surpassed 1,000 total defendants in what he renamed the “Capitol Siege” investigation—which means the final caseload might well exceed 2,000.

Graves also indicated his team would ramp up the number of felony indictments; the overwhelming majority of charges so far are low-level offenses, including the laughable “parading in the Capitol” misdemeanor. The Biden regime clearly wants to juice the numbers before the 2024 election season.

And Graves isn’t wasting any time. Eight people have been charged since March 1, including a married couple from Indiana arrested on a civil disorder felony and four misdemeanors. The D.C. federal courthouse is monopolized by January 6 hearings and trials on a daily basis; one judge announced he would retire rather than deal with January 6 cases for the next several years.

In addition to ruining the lives of thousands of Americans for mostly nonviolent participation in the events of January 6, the Justice Department is accomplishing a more sinister goal: criminalizing and silencing political dissent in America. I warned two years ago, as Attorney General Merrick Garland’s prosecutors bastardized a post-Enron law in an attempt to turn political protesters into lifelong felons, that January 6 would be used in this manner.

The “Trans Child” Is the New Totem of the American Left Christopher Rufo

https://rufo.substack.com/p/the-trans-child-is-the-new-totem?utm_source=substack&utm_medium=email

Joe Biden recently proposed in an interview that he would support federal legislation to force states such as Florida, Texas, and Tennessee to allow doctors to perform hormone therapies and sex change operations on children. This is all under the rubric of a deeply misleading term, “trans-affirming care,” that has become a deep conviction on the political Left. I’d like to analyze the clip in which Biden is talking about this and show that, for the Left, the so-called “trans child” serves almost as a religious totem. Let’s take a listen.

[President Biden:] Transgender kids is a really harder thing. What’s going on in Florida is, as my mother would say, “close to sinful.” It’s just terrible what they’re doing. It’s not like a kid wakes up one morning and says, “You know, I decided I want to become a man” or “I want to become a woman” or “I want to change.” I mean, what are they thinking about here? They’re human beings. They love, they have feelings, they have inclinations that are, I mean, just to me is, I don’t know. It’s cruel. And the way we do it is we make sure we pass legislation like we passed on same-sex marriage. You mess with that, you’re breaking the law and you’re going to be held accountable.

Let’s break that down. In a certain sense, Biden’s comment sounds reasonable, it sounds humane, it sounds fairly rational. But this is all based on manipulative language and a hidden ideology that operates under the surface.

First, the category “transgender kids”: that’s the first thing he says and he lays down the marker that that’s the category we’re talking about. But as my friend and colleague Colin Wright has pointed out, there’s no such thing as a “transgender kid.” And what Wright means by that is that a child is not innately transgender, but becomes transgender once the child enters the process of medicalization—hormones, surgeries, and other medical interventions. It’s not that they cannot have feelings of discomfort or dysphoria—that’s certainly true—but they only become transgender when adults intervene. These are parents, doctors, and psychotherapists, and then that child is put on Lupron, put on testosterone or estrogen, has the double mastectomy, or gets the penile inversion surgery.

The Great Abdication In California, public officials now favor the lawless and deviant over the law-abiding and hardworking. Heather Mac Donald

https://www.city-journal.org/the-great-abdication-of-california

On August 15, 2022, an intersection in South Central Los Angeles fell prey to a particularly Southern Californian form of anarchy. Parked vehicles blocked the crossroad to through traffic, while inside the blockade, cars sped in tight circles, their burning tires emitting acrid smoke. Just after midnight, spectators to this “street takeover” stormed into a nearby 7-Eleven. They grabbed whatever lay closest to hand—candy, soft drinks, chips—jumped over the payment counter to get at cigarettes and lottery tickets, and pelted the lone salesclerk, cowering underneath the counter, with bananas and other items. The vandals live-streamed the mayhem from their smartphones. An hour earlier, a teenager had been fatally shot during a nearby street takeover.

Mass looting, in the post–George Floyd era, is hardly confined to California, but the sense of entitlement manifest in August’s double whammy of road and retail lawlessness is the signal feature of the state’s twin plagues of crime and vagrancy. California is being brought down by what one can call the Great Abdication. The law-abiding and the hardworking are no longer the main concern of public officials; instead, the interests of the lawless and the deviant prevail. Policy revolves around their alleged needs, not the needs of those whom they assault and encumber. The result of the Great Abdication has been brazen violence and streets mired in squalor.

You know street crime is bad when even rap celebrities complain about it. “Where I’m from, we like sneaky criminals. In L.A. . . . they bold!” opined Philadelphia rapper PnB Rock during a September 2, 2022, podcast. The day before, fellow rapper Wakko the Kid had been shot outside his North Hollywood house. The Kid had just returned home from a recording session when two men exited a parked car, yanked off his $80,000 necklace, and pumped 16 bullets into him and his audio engineer (both men survived). In February 2020, Brooklyn rapper Pop Smoke had been killed during a home invasion in the Hollywood Hills.

PnB Rock’s interlocutor on the podcast, DJ Akademiks, agreed with PnB’s assessment of the city’s robbers. “L.A.’s spooky, man,” Akademiks said. “I’m seeing mad videos, like they don’t even do it at night. . . . Broad daylight, that’s when they really do it.” A little over a week later, PnB Rock would himself be killed during a broad-daylight robbery at Roscoe’s Chicken & Waffles in South Central Los Angeles. The assailant demanded PnB’s jewelry, fatally shot him when he resisted, and then grabbed his necklace anyway.

These rap stars had posted their diamond bling, luxury cars, and wads of cash on social media, often with location tags on the live photos. But less publicity-hungry residents have found themselves targeted as well, marked in upscale restaurants and bars and followed home, where they are assaulted exiting their cars.

Yale Law School—EXPOSED By J. Christian Adams

https://pjmedia.com/jchristianadams/2023/03/20/do-they-teach-law-at-yale-anymore-part-one-of-a-series-n1679841

Note: This is the first in a ten-part series at PJ Media examining what our nation’s top ten law schools are teaching. Hans von Spakovsky and I will undertake a deep dive into what is being taught in America’s top ten-ranked law schools.

Elite law schools have become training academies not so much for effective and competent lawyers, but instead for militant transformational radicals with a law degree.

Mainstream consumers of legal services, otherwise known as paying clients, would be shocked by the evolution that has taken place in the nation’s elite law schools. Instead of producing lawyers capable of helping clients, these schools now turn out leftist activists who are most competent at using transformational designs to upend centuries of legal traditions and institutions, including, ultimately, the U.S. Constitution itself.

This problem isn’t new. But the shocking behavior at Stanford by rude, belligerent proto-totalitarian students shouting down a federal judge laid bare this rancid evolution for everyone to see.

The next generation of lawyers at these schools isn’t focused on learning contracts, torts, civil procedure, and evidence as much as they are learning how to destroy treasured American institutions such as tolerance, liberty, and free speech.

This is important. Too many Americans still think a law degree from Harvard means that the graduating lawyer is competent to practice law. The opposite is becoming more true.

Harvard, Yale, and the elite law schools are graduating increasing percentages of incompetent lawyers, at least when it comes to what lawyers have long done: practice law.

What Happened to Stanford? The list of serial embarrassments at Stanford reads like the suicides of Greek tragedy, where divine nemesis follows hubris. By Victor Davis Hanson

https://amgreatness.com/2023/03/19/what-happened-to-stanford/

Stanford was once one of the world’s great universities. It birthed Silicon Valley in its prime. And along with its nearby twin and rival, UC Berkeley, its brilliant researchers, and teachers helped fuel the mid-20th-century California miracle.

That was then. But like the descent of California, now something has gone terribly wrong with the university.

Students at Stanford Law School recently shouted down visiting Fifth Circuit Court of Appeals Judge Kyle Duncan. He had been invited to give a lecture by the school’s Federalist Society. 

The judge never even got the chance. The law school students drowned him out. They flashed obscene placards. They screamed that he was “scum.” One yelled he hoped the judge’s own daughters would be raped.

Others bellowed, “You’re not welcome here, we hate you!” “Leave and never come back!” “We hate FedSoc [Federal Society] students, f–k them, they don’t belong here either!” and “We do not respect you and you have no right to speak here! This is our jurisdiction!”

When the judge tried to reply, they drowned him out with “liar” and “scumbag.” Then, mission accomplished, they smugly stomped out.

Note these were ostensibly not teenaged undergraduates. Instead, they were wannabe adult professionals, in law school to learn jurisprudence and to enter the elite American legal system that is supposed to have protocols separating it from the mobocracies prevailing abroad.

One of those foundational principles is to honor the Constitution’s protection of free speech and expression—not to mention the ancient idea of respecting an invited guest, or the custom to treat with deference a federal judge, to say nothing of the duty to honor the codes and laws of the institution that they have chosen to join which prohibit disruption of lectures and any effort to drive out public speakers.

When an exasperated Justice Duncan called out for a university administrator to restore calm, his podium was instead hijacked by Associate Dean for Diversity, Equity, and Inclusion Tirien Steinbach. She then gave her own preplanned, scripted lecture that sided with the disruptive protesters! Quis custodiet ipsos custodes?

The diversity dean then turned on the speaker. She asked the startled judge whether it was even worth supporting his free speech rights, given he and his views were deemed abhorrent to the new absolutist Stanford.

Note well: DEI Deans normally do not attend law school lectures. She showed up because she apparently knew in advance that the law students would violate their own university’s codes of conduct and disrupt a speaker.

So she had planned, again in advance, to do nothing to stop them. Instead, she would prepare a performance-art speech for such a certainty, to chastise the speaker and defend the disrupters. She assumed correctly that none of the other administrators, who also strangely attended, would admonish her or the students for violating the laws of their own university. She apparently assumed, once more rightly, that her own leftist fides on campus would be enhanced.

So far neither the diversity dean nor the students have been disciplined by the university. When the dean of the law school, Jenny Martinez, offered an apology (but did not punish the students), most of her own class walked out on her. And dozens of Stanford’s law school students lined the corridor in attempts to intimidate her as if she was some sort of toxic pariah.

In a Soviet-style finale, the Acting Associate Dean of Students Jeanne Merino advised the Federalist Society students who were targeted by fellow law students that there were “resources that you can use right now to support your safety and mental health.” Then Merino directed them, inter alia, to none other than Diversity, Equity, and Inclusion Dean Tirien Steinbach herself, the very dean who had taken over the podium to lecture Judge Duncan!

The debacle revealed four disturbing characteristics about the Stanford law students: One, they acted as if they were bullies and cowards. Videos of the mess showed how they turned mob-like in their chanting, flashing creepy placards, and, like Maoists, walking out on cue. Yet, when the judge fired back at their rudeness, like wounded fawns they took offense and pouted. And later, when there was mention that the names or photos of the protestors might be published, tit-for-tat, in the manner they themselves had put up posters of the Federalist Society members, they screamed that such exposure was unfair.

Vivek Ramaswamy’s viral take on the threat to arrest Trump By Andrea Widburg

https://www.americanthinker.com/blog/2023/03/vivek_ramaswamys_viral_take_on_the_threat_to_arrest_trump.html

He continues to be an interesting candidate because he bypasses platitudes and focuses on issues that are core to American survival.

Vivek Ramaswamy, the businessman turned presidential candidate, has posted a not-quite-3-minute-long video in which he attacks DA Alvin Bragg’s efforts to use lawfare to kneecap Donald Trump in the upcoming presidential election. Ramaswamy’s video has 3 million views on Twitter as of this post, and the numbers are going up—and no wonder. He says we what all fear: That the possible indictment of Donald Trump marks America’s official passage from a constitutional republic to a banana republic.

Here’s Ramaswamy:

This is about principle, not a person. This is about our country, not one man. The silence from the rest of the GOP field is deafening. pic.twitter.com/Jqi9o2d0wR

— Vivek Ramaswamy (@VivekGRamaswamy) March 18, 2023

I continue to find Ramaswamy an interesting candidate, not just because he has a totally cool last name (which he does), but also because he speaks clearly, without political platitudes, about core American issues. Most conservative candidates don’t do this. Even Trump was incapable of doing so because that’s simply not how he thinks. He’s a pragmatic doer—and his second term could have been awesome—but he really never latched onto what makes America’s political system unique.

FBI Whistleblower Claims FBI Is Now a ‘Weaponized Apparatchik’ of the Biden Administration By Ben Bartee

https://pjmedia.com/news-and-politics/benbartee/2023/03/19/fbi-whistleblower-claims-fbi-is-now-a-weaponized-apparatchik-of-the-biden-administration-n1679723

Via Epoch Times:

There’s a growing divide between the rank-and-file officers of the FBI and upper management, according to FBI agent-turned-whistleblower Steve Friend, and it’s those at the top who are pushing a political agenda…

“There are a lot of agents that sort of share that sentiment and just want to drive the mission forward. Unfortunately, there’s a big disconnect between the rank-and-file and the management class…

“I think there’s an argument to be made that the FBI has now just become a weaponized apparatchik of the presidential administration,” he added, holding that public trust in the agency has diminished largely as a result of the perception of political bias.”

As I have previously documented, it’s incontrovertibly true that the national security apparatus, including the FBI, is now politicized and weaponized against what the intelligence community terms “domestic extremists.”

This amorphic designation — “domestic extremist” — refers to the populist right, anti-establishment grassroots activists who oppose the silent coup that the Deep State has waged against the American people for several decades. It simply means opposition to the growing technocratic tyranny but, of course, is couched in post-9/11 language of “terrorism” and its alleged threat to “national security.”

Where Friend may be wrong is that the intelligence community does not ultimately serve the Biden administration. Biden is a disposable puppet who will be disposed of in due time when it becomes convenient. His current usefulness is his pliability and directability. He does not make decisions of consequence.

The true usurpers of power occupy the next level above even the elected portion of the executive branch — the proverbial “men behind the curtain,” which includes the likes of George Soros, Bill Gates, and their ilk. They operate across borders and are in the process of rendering the nation-state obsolete.