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You knew Jeff Sessions wouldn't be able to hold back his true feelings about race. Jeffrey Toobin calls him out for his gender/ethnicity prejudices. Really, only white, superior men are unbiased and understand the ills caused by racism and sexism because they are a blank slate. Sure thing there Jeff.

Big Tent Democrat:

Jeff Toobin captured the entire philosophy of the Republican Party, embodied by Jefferson Beauregard Sessions III, only white men are oppressed. Only white men are unbiased and without prejudice.

JEFF TOOBIN: What’s worth noting about what Jeff Sessions -- the line of questioning, was that being a white man, that’s normal. Everybody else has biases and prejudices[,] . . . but the white man, they don’t have any ethnicity, they don’t have any gender, they’re just like the normal folks, and I thought that was a little jarring.

Good on Toobin

Yes, because our history shows that white men have been oh so kind to minorities and the ladies. That's what's inside of a mind like Sessions.

And let's remember what Sessions said about Roberts.

During the John Roberts confirmation hearings, when Roberts argued against applying discrimination laws in memorandum, Senator Jefferson Beauregard Sessions III was adamant in defense of judges who "respected precedent"...read on

Instead of discrediting Andrew Brietbart for being a lying liar that hurts people, CNN's Kyra Phillips thinks the Shirley Sherrod story means we need to attack anonymous bloggers for their indiscretions. WTF? If a liberal blogger had released a phony video that targeted a Republican in the same way as Breitbart did, the outrage that would have followed from the media would have been cataclysmic. But when it's done by a conservative hitman ... crickets.

Phillips calls anonymous bloggers cowards, but what does that make Andrew Breitbart? I wonder if MSMers are really that naive? Breitbart smeared ACORN and essentially destroyed the one organization in this country dedicated to enrolling minority voters with doctored videos -- and yet he was positively celebrated for his efforts, and never faced any accountability when the entire smear was proven a fraud. Then he led the video smear of Sherrod. Who has been anonymous in any of these stories? We know all too exactly who smeared Sherrod. Why is CNN focusing on a nonexistent issue?

Anchors Kyra Phillips and John Roberts discussed the “mixed blessing of the Internet,” and agreed that there should be a crackdown on anonymous bloggers who disparage others on the internet. “There are so many great things that the internet does and has to offer, but at the same time, Kyra, as you know, there is this dark side,” Roberts said. “Imagine what would have happened if we hadn’t taken a look at what happened with Shirley Sherrod and plumbed the depths further and found out that what had been posted on the internet was not in fact reflective of what she said.” But Phillips replied that the mainstream media “can’t always do that.” “There’s going to have be a point in time where these people have to be held accountable,” Phillips said. “How about all these bloggers that blog anonymously? They say rotten things about people and they’re actually given credibility, which is crazy. They’re a bunch of cowards, they’re just people seeking attention.”

Matt Yglesias writes:

The whole reason you might think anonymous bloggers would be a problem is that they could make stuff up and nobody would know who they were in order to sanction them. In this case, though, there’s nothing anonymous about Andrew Breitbart so this problem shouldn’t exist. Except instead of sanctioning Andrew Breitbart, a specific individual with a specific name, and the other specific institutions (who employ specific individuals with names) CNN’s team is lashing out vaguely at “the internet” and “anonymous bloggers.” The issue here, however, is primarily Andrew Breitbart. To a secondary extent, it’s Fox News and conservative talk radio. And to a broader extent it’s a conservative movement that continues to celebrate Breitbart and Fox News despite their legacy of inaccuracy and race-baiting. Anonymous bloggers have nothing to do with anything.

The rage used to be focused on people leaving anonymous comments on websites, but CNN uses a false equivalency to turn it into bloggers. Why doesn't CNN denounce Breitbart and lead the way to discredit any such political operatives who act in a dishonest way?

Paul Krugman catches Mort Zuckerman engaging in the Mini-Breitbart.

I think this is telling. This is the only actual example of Obama’s alleged demonization of business that Zuckerman offers — and it’s essentially a mini-Breitbart, a quote taken out of context to make it seem as if Obama was saying something he wasn’t. That’s typical of the whole argument.

Oh, and one more thing: are there no copy editors at the FT? When I quote someone in my column, I supply the source material, and my copy editor checks, not just to be sure that the quote is accurate, but that it’s not taken out of context. But I guess such rules don’t apply if you’re a conservative.

And now we have the Perpetually Wrong Megan McArdle applying the mini-Breitbart in her own fashion.

I have high hopes for Sen. Al Franken, who never stops fighting for the things he believes in. How refreshing that a freshman Senator refuses to shut up and sit down, instead putting himself in the forefront of progressive fights:

Republican senators and conservative jurists found themselves on the defensive after Sen. Al Franken (D-Minn.) blasted "conservative activism" on federal courts.

Franken, in a major speech Thursday evening before the American Constitution Society, sought to set the stage for a summer confirmation battle in the Senate over President Barack Obama's pick, Elena Kagan, to join the Supreme Court.

The first-term senator launched a full-throated attack on originalism, the judicial philosophy often upheld by conservatives as an example for model nominees for the federal courts.

"Originalism isn’t a pillar of our constitutional history. It’s a talking point," Franken said, adding a jab at Chief Justice John Roberts for his famous comparison between judges and baseball umpires during Roberts's confirmation hearings.

"How ridiculous," Franken said. "Judges are nothing like umpires."

The Senate is set to take up the Kagan nomination in the Senate Judiciary Committee, on which Franken serves, later this month.

With the battle over Kagan and other judicial nominees having stalled in the Senate, Franken also took a moment to castigate GOP filibusters of Obama's court picks.

"The Republican obstruction that is standing between you and the work you’ve agreed to do for your country is unacceptable. And we will continue to fight it," Franken said, apologizing to Goodwin Liu and Dawn Johnsen, the president's picks for a circuit court spot and director of the Office of Legal Counsel, respectively, who were both in the audience.

Third Prosecutor Quits Gitmo! 12th harmonic Blog
Rachel Maddow was praising the Australian press for being the only ones to report this.
From Rachel’s Blog:

Remember the report about two prosecutors in the Guantanamo war crimes trials saying those trials were rigged? What we knew before was that two prosecutors complained the trials were rigged and asked to be transferred out of Guantanamo so they wouldn’t have to work on them. Now, thanks to a report ONLY IN THE AUSTRALIAN PRESS, we know that a third government prosecutor also asked to be let out of the process because it was rigged. These rigged trials were blocked by a federal judge last november, but are slated to go forward again within the next few weeks. Why? Because a judge by the name of JOHN ROBERTS decided last month that the trials looked fine by him.

Well Lateline (Australia) covered it tonight and I got it on hard disk..(Missed the intro. Got the whole piece. I’ll try to get the transcript in the morning.)
[ed.note: transcript is up

Coming to a Republican congressional district near you   

Rachel Maddow was praising the Australian press for being the only ones to report this.
From Rachel’s Blog:

Remember the report about two prosecutors in the Guantanamo war crimes trials saying those trials were rigged? What we knew before was that two prosecutors complained the trials were rigged and asked to be transferred out of Guantanamo so they wouldn’t have to work on them. Now, thanks to a report ONLY IN THE AUSTRALIAN PRESS, we know that a third government prosecutor also asked to be let out of the process because it was rigged. These rigged trials were blocked by a federal judge last november, but are slated to go forward again within the next few weeks. Why? Because a judge by the name of JOHN ROBERTS decided last month that the trials looked fine by him.

Well Lateline (Australia) covered it tonight and I got it on hard disk..(Missed the intro. Got the whole piece. I’ll try to get the transcript in the morning.)
[ed.note: transcript is up

well sir I believe THAT would be crossing the line into the realm of improbability Fafblog!

Oh, this can't be true!

Spying on you at the library, indefinite detainment, torture, preventive wars on the wrong country, oh sure I can see that. But nuking Iran? Well that'd just be crazy.

Legislating From the Bench   Balkinization

President Bush demonstrated his usual capacity for double-speak when he praised Judge John Roberts as a jurist who would "not legislate from the bench." As note on this blog and more extensively in Keck, THE MOST ACTIVIST SUPREME COURT IN HISTORY (mandatory reading during the confirmation hearings), the Rehnquist Court does nothing but "legislate from the bench" with Justices Thomas and Scalia being the most active judicial legislators. Consider the numerous areas in which they impose or would impose limits on state and federal officials.

1. They insist most campaign finance laws are unconstitutional.
2. They insist that most regulations of advertising are unconstitutional.
3. They insist that state legislatures can do little to protect abortion clinices from organized mayhem.
4. Thomas has suggested that elected officials have very limited capacity to regulate handguns.
5. They would use the fifth amendment to dramatically limit the capacity of local legislatures to pursue urban redevelopment.
6. They regard the fifth amendment as also limiting environmental regulations and limiting conditions that local legislatures can attach to private development.
7. They insist that affirmative action is unconstitutional, even though the persons responsible for the equal protection clause passed numerous laws providing special benefits to persons of color. nuking Iran? Well that'd just be crazy.

Elections do have consequences. That only matters when a Republican wins by the way, but when it comes to the Supreme Court, electing a Republican president only means more rulings like this.

More gun laws are about to go up in smoke.

The Supreme Court appeared willing Tuesday to say that the Constitution's right to possess guns limits state and local regulation of firearms. But the justices also suggested that some gun control measures might not be affected.

The court heard arguments in a case that challenges handgun bans in the Chicago area by asking the high court to extend to state and local jurisdictions the sweep of its 2008 decision striking down a gun ban in the federal enclave of Washington, D.C.

The biggest questions before the court seemed to be how, rather than whether, to issue such a ruling and whether some regulation of firearms could survive. On the latter point, Justice Antonin Scalia said the majority opinion he wrote in the 2008 case "said as much."

The extent of gun rights are "still going to be subject to the political process," said Chief Justice John Roberts, who was in the majority in 2008.

At the very least, Tuesday's argument suggested that courts could be very busy in the years ahead determining precisely which gun laws are allowed under the Second Amendment's "right to keep and bear arms," and which must be stricken.

The right is using four citizens to represent their wishes. By not making the NRA the lead on this one is a smart one, but with this court does chess playing really matter? By allowing so many guns to be sold, which puts more guns into the hands of criminals---it's not surprising that some people want to arm themselves against the criminals who have guns. Only in the end, many more people will get hurt.

The case we've all been waiting for – and dreading – is finally here. Citizens United v. FEC started off as an insignificant case about an anti-Hillary film, but the Roberts Court turned it into a vehicle for radically expanding the influence of corporations.

Here's the bottom line to today's 5-4 ruling: giant corporations can spend as much as they please on elections to advance their agendas. The right-wing Roberts court ruled that Exxon has the same free speech rights as you and me. In other words, Exxon is a person too.

While companies still won't be able to give directly to federal candidates, they'll be able to spend billions on attack ads, robocalls, and direct mail. You know, just like you and I are free to do.

Chief Justice Roberts claimed over and over during his hearing that he would respect precedent, exercise restraint, and issue narrow rulings. Well, we got to see the real John Roberts today. He'll gladly set aside principle and precdent whenever it suits his ideology. He cares about equal rights, you see. It's just that some rights are more equal than others.

So now that the highest court in the land has privileged corporations over people in elections, what can be done? Well, we don't really have a choice. We need to fight the ruling in Congress, fight it in the courts, and fight it in campaigns this fall.

The backlash has already begun. Campaign finance champion Russ Feingold has vowed to "pass legislation restoring as many of the critical restraints on corporate control of our elections as possible." Alan Grayson will pursue legislation in the House. And a constitutional amendment could even be in the works. Stay tuned.

This is a pretty depressing saga unfolding right before our eyes and it's another reason why we need cameras in the Supreme Court so we can view the mockery Roberts is making out of the Third Branch of government. They are about to grant corporations the right to spend unlimited amounts of money to attack political candidates right up until an election, which would make destroy the very fabric of our voting structure. Did you know that a corporation is an individual in Scalia's mind?

Dahlia Lithwick explains the horror that is unfolding over the hit job produced by Citizens United on Hillary Clinton.

When we first met this case, it involved a narrow question about whether a 90-minute documentary attacking Hillary Clinton could be regulated as an "electioneering communication" under McCain-Feingold. The relevant provision bars corporations and unions from using money from their general treasuries for "any broadcast, cable or satellite communications" that feature a candidate for federal election during specified times before a general election. A federal court of appeals agreed with the FEC that the movie could be regulated. Citizens United, the conservative, nonprofit advocacy group that produced the film, appealed. The issue last spring was whether a feature-length documentary movie was core political speech or a Swift Boat ad. But the court surprised everyone when it ordered the case reargued in September, this time tackling the constitutionality of McConnell and Austin.

Justices Antonin Scalia, Anthony Kennedy, and Clarence Thomas are already on record wanting to overturn these cases. Justice Samuel Alito and Chief Justice John Roberts have been inclined to wait. The question today is whether we wait no more [...]

Solicitor General Kagan stands to defend the FEC, not in a frock coat but a tasteful blue pantsuit, and when Scalia pounces on her, two sentences into her opening, she scolds him as if he were an impudent 2-L: "I will repeat what I said, Justice Scalia: For 100 years this court, faced with many opportunities to do so, left standing the legislation that is at issue in this case." Kagan is so loose and relaxed, you'd think this was her 100th argument. Which allows Roberts to dispense with the kid gloves and accuse her, respectively of "giving up" an argument she made in her opening brief and "changing positions." When she is asked, in effect, if she wants to lose this case in a big way or a little way, Kagan is eventually forced to reply, "If you are asking me, Mr. Chief Justice, as to whether the government has a preference as to the way in which it loses if it has to lose, the answer is yes."

One of the ways the Roberts Court hopes to make all conflicting case law in the campaign finance realm disappear is to blame all prior bad case law on Kagan. When everyone is thoroughly confused about what rationale the government may advance in order to limit corporate spending, Roberts can gleefully conclude that all of Austin "is kind of up for play. …" Poof. And Austin is a problem no more...read on...

It truly is a depressing read, even though we it's an excellent piece and we need to read it. With cameras in the court, Americans would be able to watch how the Roberts Court will tilt the country away from the American people and into the hands of the corporate elite.

All a corporation would have to do is merely threaten a candidate that they'll make a movie or run a gazillion ads against them and that would be enough to "buy" their vote over anything that a corporation deems unprofitable. What's sad is that corporations already funnel millions of dollars through PACs already, but that's still not enough for the activist judges of the right.

A few days ago Sen. Ben Nelson said he wasn't sure how he'd vote on the confirmation of Judge Sonia Sotomayor:

Sen. Ben Nelson said Wednesday he has not decided whether he will vote to confirm Sonia Sotomayor's nomination to the U.S. Supreme Court.

Nelson said he'll delay his decision until next week's scheduled Senate vote.

"I accept her judicial philosophy of fidelity to the law," Nelson said during a telephone conference call from Washington. Nelson said he also believes Sotomayor is committed to supporting settled judicial precedent.

But, he said, he needs to "convince myself she won't be an activist" on the court. "I need an opportunity to review a few things," the Democratic senator said.

What a guy. He makes sure to use republican talking points about activism, but when he had to consider John Roberts he said would take him at his word.

On September 22, 2005 - before the Senate Judiciary Committee's confirmation hearings for John Roberts had even been completed - Sen. Ben Nelson stated on the floor of the U.S. Senate:

"Only time will tell where Judge Roberts will come down on the prevailing legal matters that come before the Roberts Court. I can only take him at his word that he will approach his role on the court without a pre-determined agenda, without activism, and with only the intention to balance the scales of justice for all Americans.....

I will vote to confirm Judge John Roberts as Chief Justice of the Supreme Court."

And he said the same thing about Alito.

At the time, the Associated Press reported:

Sen. Ben Nelson of Nebraska on Tuesday became the first Democrat to announce he will vote to confirm Supreme Court nominee Samuel Alito. Nelson, one of the most conservative Democrats in Congress, said in a statement that he had made up his mind to support Alito "because of his impeccable judicial credentials, the American Bar Association's strong recommendation and his pledge that he would not bring a political agenda to the court."

Now, not to be undone by the Nelson gasbag is Max Baucus, the man who wants to undermine health care reform.

He's undecided as well.

Sen. Max Baucus (D-Mont.) said Thursday he hasn’t made up his mind on whether he will vote to confirm Supreme Court nominee Sonia Sotomayor.

Baucus this summer has infuriated liberals on and off Capitol Hill by working to strike a deal with Republicans on healthcare reform. A “no” vote on Sotomayor would be adding fuel to the left’s fire at the Finance Committee chairman.

Baucus on Thursday twice told The Hill he is undecided on next week’s floor vote on Sotomayor.

Talk about slapping their president in the face. If Goober Graham said he's voting for Sotomayor then what is their hesitation except from a narcissistic ego trip to get more ink from the media. I wonder if Nelson is a racist or just hates women or both since he gave his vote to two white men so easily.

Dave N.: According to Ian Millhiser at ThinkProgress, all of this waffling by Senate Dems -- which includes Alaska's Mark Begich -- is a result of pressure from the National Rifle Association, which indeed promised it would work to stop the Sotomayor nomination very early on; the NRA's Wayne LaPierre went on Glenn Beck and promised that if Sotomayor didn't agree to every jot and tittle of their agenda, they would denounce and oppose her. This is why so many Republicans grilled Sotomayor with questions about the Second Amendment.

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During the John Roberts confirmation hearings, when Roberts argued against applying discrimination laws in memorandum, Senator Jefferson Beauregard Sessions III was adamant in defense of judges who "respected precedent:"

Roberts’ memorandums and briefs were “absolutely consistent with the Supreme Court ruling of the United States at that time. So, all I would say is, I think it’s unfair to suggest that he has a record that indicates that he was somehow wrong on civil rights at that time.” When asked about his brief as Deputy Solicitor General in Franklin v. Gwinnett County Public Schools, arguing that victims of intentional discrimination should not receive damages under Title IX, Senator Sessions said: “On the Gwinnett case, the Title IX, the women’s education case, the position you took that would deny the right to sue a state entity, a government entity for money damages, wasn’t that a position consistent with the position of the Court of Appeals that had written the only opinion on the subject? … So you, in advocating on that position, were expressing a view that was the view of the highest federal court in the land at that time?”

(Emphasis supplied.) Of course, that involved discrimination against non-white males so of course Jefferson Beauregard Sessions, admirer of the KKK, labeller of the NAACP as a "commie" organization, would think that. You see, Sessions has deep empathy for the poor white male - so oppressed in our society. Everybody else? Not so much, The perfect embodiment of the GOP.

Speaking for me only