Michael Popoff (4:27)
Not so civil war has broken out on the United States Supreme Court between Justice Sam Alito on the far far right and Justice Ketanji Brown Jackson. It has to do with congressional maps and remapping the Voting Rights act and the protection of minority rights. And it broke out into the open over which on the top line looks like a fight about procedure. But when you get down to it, it's a struggle existentially for our democracy. I'm Michael Popoff, you're on the Midas Touch Network and Legal af. Let's talk about the new one or two paragraph decision by Justice Alito that came out about the Voting Rights act and about when the actual decision that was rendered by the Supreme Court on 29 April will be sent down to be enforced. Will it be now or will it be in 32 more days as permitted in under the regular rules of the Supreme Court? Of course, MAGA got together and said, no, let's send it down now so that all the remapping can happen in Louisiana. Sticking their big fat thumbs on the scale of justice and their big noses into ongoing litigation in Louisiana going on right now about whether the Louisiana can remap and the taking away of the vote for people who've already voted in Louisiana on the old map. And then you have a, frankly a nasty attack on Katanji Brown Jackson who was in the dissent by Sam Alito, joined by a couple of other on the bench, including Gorsuch and Kavanaugh. All right, let's get to it. And there's also new reporting, including through democracy Docket about Bert Calais. We call the case Calais versus Louisiana. And and Bert Calais was on the winning side at getting John Roberts and the other five MAGA members of the Supreme Court to tear away the last vestige of protection under the Voting Rights act for people of color, particularly under the 15th amendment. But who is Bert Kelly? Turns out he's an election denier. He is an election conspiracy theorist. He was listed as a non African American voter, but a democracy docket did a good job in the last day outlining all the social media posts that show that he is an election denier to the first degree. And that was the plaintiff in the case putting it on pretty shaky grounds to begin with. Here's the new ruling by Alito. Then I'm going to play you a video of Ketanji Brown Jackson anticipating I think this very, very moment. This is Alito. He's actually joined by Justice Thomas and Gorsuch in the concurrence. It has to do with whether, as requested by Louisiana, whether they were going to shorten the 32 day waiting period that's in the Supreme Court rules for entry of the Court's judgment and speed it up so that Louisiana gets an advantage in some lawsuits that are going on brought by the American Civil Liberties Union to stop the remapping because it'll lead to the throwing away of votes already cast and the Supreme Court gets in the middle of it. Rather than as Ketanji Brown Jackson says in her dissent, rather than apply what's called the Purcell Doctrine, a made up doctrine by the Supreme Court that says, well, we're getting too close to the. To the election. And chastising a lower court federal judge for getting embroiled in a primary in New York and remapping. That was three. That was five months ago. Suddenly the Purcell doctrine on the eve of an election disappears. Here's what Alito says. The dissent. And every time I say the dissent, that means Katanji Brown Jackson. The dissent in this suit levels charges that cannot go unanswered. The dissent would require that the 2026 congressional elections in Louisiana be held under a map that has been held to be unconstitutional. Stop right there. As Katanji Brown Jackson points out, in the last 25 years, the Supreme Court has only bent the rules and immediately had its judgment entered twice. Okay. This is highly unusual, especially when there is ongoing litigation in the lower court in the exact matter that was at issue at the Supreme Court. And they also say that he says two of the reasons provided by Ketanji Brown Jackson he will address. One he says is trivial and the other is baseless and insulting. Here we go. Here's the fireworks. The second reason offered by the dissent is that we should allow the 32 day period to run out in order to avoid the appearance of partiality. But the dissent does not explain why its insistence on unthinking compliance with the rules does not create the appearance of partiality by running out the clock on behalf of those who may find it politically advantageous to have the election occur under the unconstitutional map. I think he misses the point. The point is that there's litigation that the Supreme Court is now taking sides on that is currently going on about voting. The dissent goes on to claim that our decision represents an unprincipled use of power that is groundless and utterly irresponsible charge, says Alito. The dissent accuses the court of unshackling itself from constraints. It is the dissent's rhetoric that lacks restraint. This is pretty ballsy stuff, to be honest with you. You don't see this, this lack of decorum among Supreme Court justices where he's taken a swing at Katanji Brown Jackson. I'm excited to tell you about the world's number one expanding garden hose and their brand new product, the pocket hose ballistic. I used to have to buy a new hose like every year due to kinks and tangles. But the pocket hose ballistic is the upgrade I've been looking for my entire life. It's the toughest pocket hose ever built, reinforced with a liquid crystal polymer used in bulletproof vests. It's also super lightweight and easy to manage. Turn the water on and it grows. Turn the water off and it shrinks back down to pocket size. 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Here's what she had to say in her dissent that got the feathers all ruffled and nose been out of shape of Alito Gorsuch and Thomas now talks about how we got here with the case talks about the 32 day rule and it says on page two of her dissent a candidate and a Louisiana voters who have already submitted their ballots filed suits against the Governor, the Secretary of State of Louisiana asserting that whatever might happen in the future, this election is already underway and must continue under the current maps. Meanwhile, to facilitate Louisiana's midstream redistricting rush appellees now ask us to expedite the release of the certified judgment in Calais. These post Calais developments have a strong political undercurrent. Normally the Supreme Court stays out of politics, in fact finding that it's not just justiciable and as always, the court has a choice. By my count, we have granted Katanji Brown Jackson says an application to issue the judgment forthwith immediately over a party's objection only twice in the last 25 years. Not content to have decided the law it now takes steps the court to influence its implementation. And make no mistake, that course of action does not follow from the decision itself. The question whether our decision should affect the map to be used in the ongoing primaries raises a host of legal and political issues. There is also a so called Purcell principle which we invoked only five months ago. She writes on page four to chide a federal district court for improperly inserting itself into an active primary campaign. And here's the the the dig that Alito didn't like. The court unshackles itself from both constraints today and dives into the fray. And just like that, those principles give way to power because this abandon is unwarranted and unwise. Respectfully, I dissent. And then she takes them on in the footnote Footnote 3 Because she the way the the drafting of these decisions work, everybody gets to see everything before it goes out the door. So she gets the final word in footnote three of her dissent contrary to Justice Alito's charges. My conclusion here does not require that the elections to be held under a map that has been held to be unconstitutional. But he is correct to observe that I neither that I am neither claiming that it is now too late for the state legislature or the district court to adopt a new map. Indeed, my preference is for the Court to stay out of all this, and the best way to do that is to stick with the default procedures. It is the majority that opts to do otherwise, thereby seemingly endorsing Louisiana efforts to change the map before the pending lawsuits have a chance to play out. That is her point, a point that was purposely missed by Alito in his dissent attacking Ketanji Brown Jackson. Here's Ketanji Brown Jackson just recently talking about her problems with her brethren on the Court Play the Clip Tuition in
