Wednesday, March 05, 2025

I Don’t Know If The Democrats Should Have Walked Out

 Hard to orchestrate that among do many, for one thing. A few refusing to leave would have been the dominant news. (Some did leave, but the right people on the intertoobs didn’t notice, answering the question of the tree falling in the forest not making noise.)

But a handful of Supreme Court justices is another matter:

The Corrupt: After his speech, Trump shook hands with people in the room, including the four active Supreme Court Justices who were present in their long black robes. Their tradition of dress is meant to ensure that no one mistakes who they are. It separates them from the political fray, even as they attend. That message, however, was lost on Trump.

The moment was captured on CSPAN. Trump thanks the Justices. He doesn’t say what for, but of course, we all know.

“Thank you very much, appreciate it,” he says to Elena Kagan, whose face is a mask in the moment. Then, he moves on to the Chief Justice. “Thank you again. Thank you again,” he says to John Roberts. Then he awkwardly slaps him on the shoulder and says, “Won’t forget it.” The moment has an almost classic mob boss feel to it in context.

Roberts, followed by Kagan, peels off and leaves without comment and immediately.

This is the find out part, but unfortunately, it’s not the Chief Justice who feels the consequences of what he did. You may recall the reporting that Roberts came to conference with the other Justices with an uncompromising stance in the presidential immunity case, unwilling to deliver anything less than the win he gave to Trump, the win that permitted Trump to give the speech and shake hands last night. The rest of the country is now paying the price for that.

The Justices are supposed to protect the integrity and impartiality of the court from even the appearance of impropriety. Last night, and regardless of the truth of the matter, they permitted Donald Trump to insinuate that they are on his side, his captives.

Ironically, Justices Thomas and Alito have dropped away from attending the event over the years. Thomas has said, “It has become so partisan and it’s very uncomfortable for a judge to sit there.” Alito hasn’t attended since the 2010 SOTU when he was seen mouthing "Not true," on camera in response to President Obama’s criticism of the Court's decision in Citizens United v. Federal Election Commission, which struck down campaign finance restrictions. The Justices’ interaction with the current president last night certainly bore the view that the event is too political for the Court. The Chief Justice’s humiliation at Trump’s hands last night was reminiscent of the moment where Trump included General Milley, in full uniform, in the walk from the White House to St. John's Church for what turned out to be a political photo op. Milley subsequently apologized, saying "My presence in that moment and in that environment created a perception of the military involved in domestic politics."

Milley subsequently fell out of favor with Trump. Whether the Chief Justice, who has life tenure, will take similar steps to protect the integrity of the Court remains to be seen, but seems unlikely. Milley was widely hailed as a hero in the wake of his apology.
That should certainly make more noise than it did. 

But it was only on C-Span….

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