The Dictatorship
Will Trump have appointed a majority of the Supreme Court by year’s end?
Early in his Supreme Court tenure, Justice Clarence Thomaswho joined the court in 1991reportedly said he wanted to stay on until 2034. The reason, according to a 1993 New York Times report citing one of his clerks: “The liberals made my life miserable for 43 years, and I’m going to make their lives miserable for 43 years.”
Fast-forward to this week, when Thomas, 77, said at a public appearance in Texas, “I don’t count the number of years I’m on the court.”
He made that remark Wednesday during the Q&A session that followed a speech he gave at the state’s university at Austin, tied to the upcoming 250th anniversary of the Declaration of Independence.
During his speech, an excerpt of which The Wall Street Journal’s opinion page headlined“Justice Thomas: Progressives vs. the Declaration,” the George H.W. Bush appointee bemoaned what he saw as a modern betrayal of founding-era ideals. He also gave a shoutout to attendees, including Harlan Crowwhose undisclosed gifts to the justice raised an ethical scandal for him and the court.
The justice’s rosier view of the past extended to his own service on the court as well. During the Q&A portion, in response to a question about the late Justice Antonin ScaliaThomas said he “loved working with him. I loved working with that court. That court that was together 11 years was my favorite. It was a wonderful time.” Thomas made a similar comment in public remarks last yearsaying he “came of age with that court.”
None of these comments alone would seem to make the justice any more likely to retire this year. And another potential milestone to note is that he’d become the longest-serving justice if he stays on through spring 2028.
But his age, combined with the political circumstances in an uncertain midterm election year, raise the question of whether he and/or Justice Samuel Alito, 76, will step down to give Donald Trump a chance to appoint his fourth and/or fifth Supreme Court justices while Republicans maintain Senate control.
Trump has already appointed a third of the current court: Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
Barrett’s confirmation is a cautionary tale for any justice who cares about which president names their successor. Trump was able to name his third justice because Ruth Bader Ginsburg, a Clinton appointee, died at 87 toward the end of his first term in 2020. He was also able to appoint Barrett because the GOP-controlled Senate was willing to push her through, despite previously holding open a seat left vacant by Scalia’s 2016 death on the grounds that it was inappropriate to fill it in an election year. After Trump won the 2016 election, Gorsuch took that seat in 2017.
Thomas and Alito are aware of all this. But it remains to be seen whether they want to gamble on the future or give the GOP sure-thing replacements while they’re in control.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
Writer E. Jean Carroll finally has the $5 million — plus interest — that a jury ordered President Donald Trump to pay her in damages in one of her two cases against him, after Trump fought the payout for years.
Court records posted Tuesday show a transfer of $5,625,005.48 to Carroll’s legal team took place the day before.
Carroll received the money more than three years after a jury found that the president was liable for sexually abusing her in a Manhattan department store in 1996, and then for defaming her on social media. Trump has repeatedly appealed the judgment to no avail — including petitioning the Supreme Court multiple times — and last week launched a last-ditch attempt to block her from getting the money.
Last Tuesday, his legal team filed a briefrequesting that the disbursement of the damages be halted, pointing to his pending request for the Supreme Court to reconsider its refusal to hear his appeal.
A federal judge nevertheless ordered Wednesday that Carroll be paid, prompting a swift appeal from Trump and a motion for an emergency administrative stay on the disbursement of the funds.
That request was denied.
“Three years ago, a unanimous nine-person jury found President Trump liable for sexually assaulting and defaming E. Jean Carroll. Today, we are pleased to report that she has received the damages payment the jury awarded her as a result of that verdict,” said Carroll’s lead attorney, Roberta Kaplan.
Clarissa-Jan Lim is a breaking news reporter for MS NOW. She was previously a senior reporter and editor at BuzzFeed News.
Lisa Rubin is MS NOW’s senior legal reporter and a former litigator.
To the extent that the United States and Iran had a ceasefire deal in place to end the deadly, destabilizing war, that agreement has unraveled. Donald Trump has declared the ceasefire “over”; both countries have renewed their military strikes; and the American president is positioning the U.S. as a mercenary forcewith plans to charge tolls to pay for guarding the Strait of Hormuz.
As for the deal the Trump administration negotiated with Iran, formally known as a memorandum of understanding, or MOU, conservative host Hugh Hewitt asked the president whether the framework was “built to fall apart.” The Republican responded with an answer he hadn’t shared previously.
“It was built to test. It was a test,” Trump replied. “We didn’t know. It didn’t, look, memorandum of understanding, when you’re dealing with sleazebags, don’t mean much. And they don’t mean much when you’re dealing with honorable people, too, because it’s memorandum of understanding. It doesn’t mean much.”
The president went on to say that Iran “didn’t honor the test,” before suggesting that he had predicted from the outset that officials in Tehran would cause the agreement to collapse through noncompliance. “I said, ‘Watch, I guarantee. Watch.’ And they never, they never followed it.”
The apparent point of the on-air comments wasn’t merely to blame Iran for the unravelling deal, it was also to convey the suggestion that Trump knew all along Iran would cause the framework to collapse.
The trouble is, very recent history proves otherwise.
It was exactly one month ago when the president published a statement to his social media platform, announcing, “The Deal with the Islamic Republic of Iran is now complete. Congratulations to all!” About an hour later, seemingly eager to pat himself on the back, he added“This Great Deal will bring Peace and Security to the whole Region. Many presidents have tried to make Peace with Iran, and all have failed before me. The Leaders of the Region have, for the first time, found a President who can help them achieve real Peace.”
In the days that followed, not only did Trump continue to celebrate his alleged triumph, but the White House invested an enormous amount of time and effort in touting the deal, all while Vice President JD Vance went on a media tour, doing his best to defend the policy on the merits.
There was nothing about this being a “test.” Not a word was uttered about the idea that the deal “doesn’t mean much.”
If the president expects his post hoc rationalization of this failure to persuade anyone, he’s probably going to be disappointed.
Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”
The Dictatorship
GOP’s Ron Johnson shares, then retracts, a conspiratorial ‘rumor’ about Mitch McConnell
We’ve known for a month that Republican Sen. Mitch McConnell of Kentucky was hospitalized, but neither he nor anyone on his team has been willing to say why. Over the weekend, McConnell finally took steps to end the speculation, issuing a statement to explain that he’s been recovering from a fall, followed by what he described as “a mild case of pneumonia.”
The statement was accompanied by a photograph of the senator in a hospital bed alongside his wife, former Transportation Secretary Elaine Chao. For good measure, the image showed a newspaper — specifically, Sunday’s Washington Post sports section — in McConnell’s right hand.
It stood to reason that the statement and photo would revive the conversation about why the former Senate majority leader hadn’t disclosed any of these details earlier — the lack of transparency surrounding his personal health has long been a point of concern — but some in conservative politics went furtherfloating assorted conspiracy theories about the authenticity of the image of McConnell and his wife.
The chatter was not limited to the far-right fringe.
Republican Sen. Ron Johnson of Wisconsin appeared Monday on conservative media channel Real America’s Voice, where the senator told host Eric Bolling, in reference to the McConnell image, “I’ve just heard from some other sources that was an older photo. So I really don’t know.” (He did not identify his alleged “sources.”)
The Wisconsin Republican went on to say that he hadn’t spoken directly with McConnell, but that he hoped his colleague has a speedy recovery so he can return to Capitol Hill and help advance Donald Trump’s agenda.
Hours later, when pressed by reporters about his conspiratorial on-air comments, Johnson said, “It was a rumor, don’t — discount it, just discount it. … I just heard it, so assume it’s false.”
The bigger picture matters. Johnson isn’t just some guy; he’s a three-term member of the U.S. Senate who was speaking to a national television audience about an ailing colleague. It’s the opposite of his job to amplify baseless “rumors” and add fuel to fringe conspiracy theories. As the Wisconsin Republican really ought to know, those in his position have a responsibility to avoid conspiratorial nonsense.
What’s more, there’s the GOP senator’s track record to consider. Shortly after Trump grudgingly left the White House after his 2020 defeat, he was effectively banned from most major social media platforms and made few television appearances. Around this time, The New York Times described Johnson as Trump’s successor as the GOP’s “foremost amplifier of conspiracy theories and disinformation.”
In the years that followed, Johnson seemed a little too eager to prove his critics right, peddling bizarre and easily discredited nonsense about Covid-19. And the Jan. 6 attack. And vaccines. And climate change. And the 2020 presidential election. And the 2024 presidential election.
Last year, the Wisconsin Republican reached new depths, becoming the only senator from either party to embrace fringe ideas from the so-called 9/11 truther movement.
With this in mind, his on-air comments about McConnell and what he’s “heard from some other sources” are consistent with what we’ve come to expect from Johnson, though this only makes matters worse for his unfortunate reputation.
Finally, that the senator walked back his own rhetoric seemed like a step in the right direction, though I’m curious about his motivation: Did Johnson urge reporters to “discount” the “rumor” he spread because he recognized it as irresponsible, or was he scrambling to better position himself as the next chairman of the Senate Budget Committee in the wake of Sen. Lindsey Graham’s death?
Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”
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