"... the chairwoman of the Arizona Republican Party.... Justice Kagan ordered the committee to respond to Ms. Ward’s emergency application by Friday. That was an indication that the full court would rule on the matter. Inquiries into efforts to subvert the 2020 presidential election have given rise to all sorts of litigation, but relatively little of it has reached the Supreme Court. That may be changing...."
Ward's argument in the court below was based on the First Amendment right to freedom of association. The dissenting judge there wrote: "The communications at issue here between members of a political party about an election implicate a core associational right protected by the First Amendment."
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30 comments:
The Jan 6 committee needs to start picking its battles. Blatant civil rights violations like this won't play well when the spotlight is turned on them in a few weeks.
Circling the wagons for Clarence and Ginny.
Even a blind squirrel finds a nut from time to time.
"Inquiries into efforts to subvert the 2020 presidential election have given rise to all sorts of litigation, but relatively little of it has reached the Supreme Court."
Well, one case, Texas v. Pennsylvania, did reach the USSC because it was based on the USSC's original jurisdiction. This important case was booted out by the USSC; it refused to hear the case. Too hot of a potato.
Texas's complaint centered on a tactic that PA is using again in the 2022 election - using voting rules made up by a PA executive, i.e., the secretary of state, and not the PA legislature. Yet the Court refused to act on the case even though it was based on original jurisdiction.
They're fishing at this point. Even Kagan sees it.
It might be a good sign that this pushback against the J6 excesses is coming from a member of the liberal wing of the Court.
The progressives have for sometime had a thumb on the scale that belonging and associating with a political party was fine, so long as it was the Democrat Party. It is good that Kagan, an Obama appointee, is pushing back on the Obama era policy of targeting opposition parties as if it was a crime to exist, such as the IRS targeting of TEA Party organizations.
members of a political party about an election implicate a core associational right protected by the First Amendment.
yes, BUT!
the living constitution Clearly States, those rights are ONLY for the democrat party (and its allies).
the living constitution provides NO RIGHTS for ANY group opposed to democrat party rule
Every subpoena from the farcical committee should have been treated like this.
Freedom of association died in the Civil Rights Act. It's lived on only in other principles, like freedom of religion. IT would be amazing if it came back on its own dime.
Not sure how a first amendment right to say stuff implicates a subpoena to produce the statements or testify about what was said. Could use some illumination about this from a law professor (retired or not).
I'd assume the NSA already has Kelly Ward's phone records and texts...meaning the committee already has them and this is just going though some fake motions.
People underestimate the insane totalitarian nature of 2022 America.
Thanks to Democrats, Liberals, college educated white women and their beta male cucks...etc...
“Reclaiming my time! She is subverting our democrasay!”
—- Anonymous Lefty Mook
Kagan sees the future.
The future is House Republicans continuing the investigation and issuing subpoenas to Pelosi and Bowser and the other scum that planned J6.
The USSC will get a ruling out just in time to protect the Regime.
Good.
It's time to stop treating a rally-turned-riot into a carte blanche suspension of the rule of law for anything that can be connected.
It's also time to stop treating everyone with reasonable suspicions of a compromised election, and acting that way in their communications and actions, as if they are criminal!
Elections should be bulletproof in terms of integrity. The fact that they aren't despite 20+ years of electoral shit at the highest office in our country means that some powerful people find good use in keeping the elections and vote-integrity loose.
Howard: "Circling the wagons for Clarence and Ginny."
So now we know what the middle schooler hot take on this is.
Thanks Howard.
Circling the wagons for Freedom of Association.
Talk about a fishing/spying expedition! What do the phone records of a state Republican have to do with the January 6th protest? Nothing. Pelosi and the House Demcorats have abused their power to investigate and impeach like no other congress in history except perhaps the radical republicans after the Civil war.
The only way to stop this in the future is for the Republicans to retaliate. Will they have the stomach for it? Of course not.
I agree rcocean. But McCarthy has already said they aren't going to do squat. Then they wonder why Trump was elected.
This Committee will be dissolved in 10 weeks.
Kagan is shrewd.
The next Committee will be going after the Biden’s financial records.
Well it's only the *first* amendment. There are lots of others. And I'm sure those have clarifying penumbras with emanations of enlightenment that will allow those with the True Sight to discern the clear and unambiguous principle that your freedoms end at our whims.
Witness: I think the missing step in the subpoena process was the initial, required, reasonable suspicion or evidence of a crime being committed by the owner of the phone.
peacelovewoodstock said...
Even a blind squirrel finds a nut from time to time.
Kagan knows exactly what she is doing and exactly who she will be "protecting" in 3 months.
This is all about stopping the investigations into Pelosi/Bowser and their role in J6.
It will also be leveraged to protect State AG's who committed voter fraud.
The USSC will protect the First Amendment just in time to protect the Regime.
Leland said...
The progressives have for sometime had a thumb on the scale that belonging and associating with a political party was fine, so long as it was the Democrat Party.
=====
or the Communist party etc.
rcocean said...
Talk about a fishing/spying expedition! What do the phone records of a state Republican have to do with the January 6th protest? Nothing. Pelosi and the House Demcorats have abused their power to investigate and impeach like no other congress in history except perhaps the radical republicans after the Civil war.
The only way to stop this in the future is for the Republicans to retaliate. Will they have the stomach for it? Of course not.
The only goal of the Republican party is to nullify the will of it's voters.
Notice how the money men are now dumping massive cash into Desantis. Anything they can do to get their power back.
They will be attacking Kari Lake the same way they are attacking Trump now. The same way they attack Boebert and Greene.
Mitch McConell has been shown to everyone as a fink and a traitor.
The same fools that fell for Romney in 2012 are saying the same stupid shit now when they supported the scorched earth attacks on Newt Gingrich. Romney had no where near the venom for Obama he had for his Republican primary opponents and Mitch McConell is funding attack ads against Republicans right now.
The LA Times was hysterical this morning because Justice Thomas has not recused himself from a similar case involving Senator Graham. It's all about pretending the J6 committee is real and serious and not a publicity stunt to divert attention from the Democrats' disastrous record.
"The Jan 6 committee needs to start picking its battles. Blatant civil rights violations like this won't play well when the spotlight is turned on them in a few weeks."
Raid the committee-members' homes and trans their children.
Damn them all, salt the earth.
Witness said, "Not sure how a first amendment right to say stuff..."
There's so much more than that in there, maybe you should read it. It really doesn't take a lawyer to understand the Constitution and the first amendment is written pretty damned clearly thanks to Jefferson's adherence to Strunk and White's Elements of Style.
Kagan worked in the White House, and is not so stupid as to believe that precedents won't come back to haunt her side
This pretty much makes her a genius among lefties
Greg The Class Traitor: "Kagan worked in the White House, and is not so stupid as to believe that precedents won't come back to haunt her side"
Correct.
Kagan is setting up the framework for every single democratical and nevertrump helper to refuse to appear before a republican led committee.
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