1249 Comments

The sheer enormity of the Court’s decision is sinking in by degree, thanks to Heather and others. One thing that leapt out of tonight’s letter is just how desperate the players are to hold on to power. Mitch McConnell will go down in history as a sniveling, shriveled, power hungry little man, who sold his country and OUR birthright for the modern day equivalent of 30 pieces of silver.

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The whole frigging Republican party sold it's soul completely, and cast out anyone with any trace of scruples. The ship of state is hurtling at high speed straight for the iceberg, and we will have to pull together if there is to be any hope of averting catastrophe.

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The only recourse is for the public – voters – to vote against every Republican up and down the ticket until the party is relegated to obscurity. With the large Democratic majority in the house and Senate, the Supreme Court can be expanded, and this egregious politicized decision can be overturned.

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According to the terms of SCOTUS' decision, Biden doesn't have to wait for anything. He can issue fiats, formerly AKA executive orders. One to expand the Supreme Court, and another to impose binding ethical standards and term limits on justices.

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And this Supreme Court will be the deciders if such acts on Biden’s part are above the law. How do you think they will rule?

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In order to reveal the hypocrisy in the starkest way, I think that Biden should test it.

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But he’s too noble to do so. Unfortunately.

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But it won't be this SC, it will be the SC containing the newly appointed justices. How about 9 additions?

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There needs to be an odd number. 13 is the number of US Districts, so I think Pres Biden should immediately appoint four more today.

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Considering how Obama was robbed of a judge. It would be right to pack the court to get back some sanity.

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Now would someone explain to me how "this Supreme Court will be the deciders" (which is how I read it too) is consistent with "separation of powers"? It basically gives the judiciary veto power over the executive.

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Well, SCOTUS has been the final arbiter of the law, thanks to Marbury v. Madison (1803) in which the Court allocated the power of overriding Congress to itself by deciding which laws were or were not in agreement with the Constitution.

Checks and balances? Separation of powers? Hah!

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The Supreme Court is the final arbiter of the meaning of the language in the Constitution and the decisions of the Court. It has an outsized influence on the law.

Short of a new case testing Trump v US with a refreshed array of justices, it would take a Constitutional Amendment to override this decision.

Because this case does not involve a particular statute, I do not believe Congress can enact either a revised or a new statute that is contra to the ruling.

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He can take one (or several ) for the Team Democracy

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By the time these orders get to SCOTUS, there will be a completely different body, including the four needed to reach 13 - the number of US Districts. This will be an interesting experiment.

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No illusions about this court. I don't think Biden will do anything unethical or outside the law; it's always been the president's prerogative to expand the court and appoint new justices. This ruling is just the canary in the coal mine that if drastic measures aren't taken, America will lose.

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Let's start taking advantage of this new ruling NOW.

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Note: adding Supreme Court justices is not taking advantage of the July 1 ruling. It is already legal. The difficulty is getting it through the Senate and the existing Court. Will be difficult.

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First step, expand the SCOTUS so the MAGAts are in the minority, essentially powerless to do anything other than dissent.

Second, impose ethical standards and term limits on justices, which they couldn't prevent.

Third, remove Aileen Cannon from the bench for judicial malfeasance.

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Congress must mandate the court's expansion. Same with imposing ethical standards. Same with removing Cannon, which requires impeachment. All of this can't be done unless Democrats control the Senate and House.

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I don't see where in the Constitution it is said that changing the number of SC justices required congressional approval. There shall be one SC, I see that. And such other inferior courts as congress shall from time to time ordain and establish, I see that. I see nothing about congressional approval for expanding the court.

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No, he could not expand the court by an order. We are not that far gone, yet. But he could order the military to apprehend Trump, and then if TFG should try to escape…

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Just order his execution by military firing squad. That's now perfectly legal.

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Unfortunately the SCOTUS ruling has a hitch in it. It will be up to them to decide which acts of the President count as official acts!

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What would George Washington do??

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What would it take for us to BE that far gone?

Between this immunity decision and the reversal of Chevron, the court has already made a huge power grab. While it wasn't their goal, the majority would have little problem with *Trump* expanding their number by fiat. They said the President's motives can't even be questioned. Biden *is* still the President today, and they're the ones who handed him the keys. He would actually be defending the Constitution, as the orange menace has never done.

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The reactionary majority would find a reason to disallow that. Even if they had to make one up. Not like they’re shy about doing that.

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Power grab = declaration of war. We now have two de facto governments. Fort Sumter has fallen.

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How about terminating Thomas and Alito for tax evasion?

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Like Al Capone.

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Let’s do it and see what happens

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He can't act willy-nilly. The court made itself the official arbiter of what is an official act worthy of immunity. They won't give Biden the same breaks they'll give Trump.

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If he issues a fiat, does Congress still have to approve the nominee? Will McConnell be able to refuse to bring it up for a vote? Eager to hear the answer, Lauren et Al!

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Anne Marie, we have a majority in the Senate so it would be Senate Majority Leader Schumer to put it to a vote. And it would have to be after they ditch the filibuster. None of this will happen because President Biden declared yesterday that he will work within the [former] limits of of the presidency.

I’m afraid The Fix is in via the extremists & liars of our highest court. We, therefore, must get out the vote for a Blue Trifecta in November.

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Absolutely correct, Angela. For Biden to use his new powers to reverse this mess, he would have to imprison or assassinate several hundred people. Except for J6, this has been a bloodless coup. The politicians have not yet opened fire on each other or attacked themselves with canes in congress. But all of that could start any day now. How the Dems restrain themselves is beyond me.

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Thank you for your reply.

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Good suggestion. Biden can demonstrate his strength and leadership for voters to elect him.

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Yes, Seth, the only remaining recourse is the public, the voters. If they do as you say, Thomas and Alito could be impeached and replaced. Joe Biden summed it up nicely: “So now, the American people have to do what the courts should have been willing to do, but will not,” Biden said. “The American people must decide whether Donald Trump’s assault on our democracy on January 6th makes him unfit for public office in the highest office in the land.”

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Sadly, two of the three branches that are supposed to provide checks and balances are so corrupt they failed in that essential function. I don't have much more faith in the American people, given the extensive foreign meddling in our affairs. That said, the Roberts court has blown up the notion of precedent and settled law, so anything this court has done can be undone in the future, provided we give ourselves the opportunity.

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That's part of the irony isn't it? After destroying stare decisis, the Roberts Court now claims to be "writing this rule [meaning this specific decision] for the ages" (according to Gorsuch). They must know they've destroyed respect for precedent, so everything, going forward will be an endless seesaw of power grabs :-(

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Turn about is fair play

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I think perhaps we could contemplate not turnabout, exactly, but whatever opening the court has thrown at the current president to take extraordinary action to reverse the slide into fascist control. At least, measures that might not have been taken in normal circumstances, preferably stopping short of having to declare war on "conservatives."

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If Trump loses, he and his people are already figuring out how to steal swing states. I believe that if Trump gets back into office, he’ll never leave. There won’t be anymore elections, or there’d maybe mock-elections like in Russia and other authoritarian countries, but he won’t leave. Project 2025 is well under way with this Supreme Court.

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This may well be the act that opens the eyes of those who still aren't sure if President Biden is the best choice. Everyone needs to hear about this and not through the Faux type news filter. It is our responsibility to let everyone know what is really at stake in the next election. SCOTUS wants everything trump wants to do. They want Liz Cheney to be tried for treason on national television. They want him to defy a free and fair election by illegal and even violent means. They want him to assassinate his political opponents. Six of them are fully the enemies of the people of the United States of America. I have been doing more to support our Democracy than ever before. I now realize I need to do more.

It is in my nature to give people the benefit of the doubt. But I can no longer assume anything virtuous, ethical, moral, honest or legal from the current republican party or conservative judges.

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Yes, Craig Moore. A party that thinks only of more money for the rich and ignores climate change needs to be “dismissed.”

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Do you really think voting will do the job??

supremes can rule against the vote, they've taken over the country and our government and is making it to their liking. If they don't get it all they will destroyed us all.

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I've worried about that too. If we have a contested election, who's gonna be on the hook to decide? This SCOTUS. Look at 2000's Gore v Bush.

We may already be screwed.

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That we are screwed may be true, but meanwhile let us vote and work at the polls and get Chris Krebs out to watch the election!

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I am a delegate for the Indiana Democrat Convention in Indianapolis on July 13th. This is a first for an 81 year old. I am excited but concerned! Also, I will be a poll worker on election day.

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This is part and parcel to an ongoing and accelerating coup. It's an unprecedented seizure of power. It's a metaphorical rolling out of the red carpet for the coronation of King Trump.

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Massive reputations. Landslides can’t be overturned.

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Yes they can.

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Is there not a space on the ballot that one can check to vote straight Democrat for all offices? We need an image of it to use in ads and posters and Highway signs, to teach the public how to do this! Seth et al, do you agree

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We've got that in Australia. Saves a lot of time - unless you want to vote for your cousin in a tiny party that will never be in government, in which case you have to tick all the boxes.

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I believe there may be such a thing in some states. Not in every state, certainly. It does not exist in California, for instance.

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Do Dems have a leader, as Republicans have Putin's agent?

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We are the leaders as in "We the people'.......dont cha know.

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Huh?

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You know. Democracy. Demos = the people.

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This, this, this to the power of 10.

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I agree these are dark times but, sadly, I'm not sure the arithmetic is in our favor.

1. 34 of the Senate seats are up this year, and only 10 of those are Republicans. I suspect those 10 are pretty solid. WY, ND, FL, TX, MS are solid red. Utah's Mitt Romney, the only reasonable Republican in the Senate, isn't running.

2. According to a PEW report (CHANGING PARTISAN COALITIONS IN A POLITICALLY DIVIDED NATION), the voter population is 49% Democrat (or independent leaning Democratic) and 48% Republican (or leaning Republican). That won't be helped by the gerrymandering the Republicans have been supporting.

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That's not the only recourse. Use your voice as a consumer and stop patronizing news media that normalized the Republican party. Voting is important, but if we lose, then what?

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Project 2025 has got that all worked out.

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We're gonna need more constitutional amendments.

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No need to expand necessarily, just impeach the 6 conservatives for their most recent rulings, this one being the most dangerous!

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There is a tsunami coming in November and the Democrats are going to get crushed

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Democrats are the majority. When we vote we win. It sounds like you’re saying you’d like Democrats to get crushed. Is that what you’re saying? If so, your post is wishful thinking.

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I say the truth no matter where it leads. The Democrats are going to get crushed in November. Trump was leading in the polls before the debate.

Americans will not elect a candidate with significant dementia. There is a price to be paid by the establishment left for lying to America about Biden's condition. Even worse 30% inflation over the last four years is not a formula that wins elections. So yes, the Democrats are going to get crushed.

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It is admirable to say the truth no matter where it leads. What you are stating is your opinion, and I am stating mine. You are not the arbiter of Truth, but you seem to be confused about that. Joe Biden doesn’t appear to me to have dementia. In my 50’s I was confronted with a situation I didn’t know how to respond to—I didn’t have dementia then nor do I have it now. You appear to be trying to sell Biden’s ineffective debate performance as what you’d like the public to believe for your own purposes. So again I say to you that you are engaging in wishful thinking.

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I for one will encourage my fellow HCR followers to NEVER EVER read your substack. Intellectual honesty, how brazenly arrogant.

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You again!

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The Guardians of Putin don’t realize that making a king is not in their best interest either. It may take a while, but kings don’t enjoy anything as much as throwing syncophants under the bus. Soon it will be their turn. “ And then they came for me” is echoing in my mind.

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I prefer Goons of Putin….guardians is far too nice a word for these traitorous idiots.

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And the Guardian is one of the few trustworthy newspapers in the English language.

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And Trump is capricious. The only person that matter to Trump is Trump. Everyone else is a potential toy.

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As Adam G writes in the New Yorker, half the country is rooting for the iceberg.

". . .

but you can't fool all the people all of the time." --A. Lincoln

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No you can't fool all of the people all of the time but it appears you can fool about half the people all of time & the really harrowing part of that is that a huge majority of that half reside in the so-called swing states. So my freedoms are going to rest on how a few hundred thousand people vote, in a country of 330 million.

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We must never give up. It's worth everything to stop the madness. Doe what you can, and then do twice as much.

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Lincoln may not have uttered that quote as there is no written evidence, but it is associated wit Lincoln. It's a great saying in any case, terse and true,

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Thanks for the clarification. His heart was fully committed to these United States whenever he said anything. He gave his life for it. He knew the enemy, and it is us.

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I was avoiding reading this newsletter as we are traveling in Greece…but I did and as I’ve feared it has rained on our parade. We’re instructing my relatives to start looking for property….

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Lucky you!

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Yes, Nancy. Most people are stuck here and they cannot afford to leave nor would they always be welcome elsewhere. My garden helper had just discovered Project 25, but she doesn't understand that politics is the art of the possible which means we sometimes have to hold our nose to elect someone we don't really like so hard won progress can continue. She also was railing against the Electoral College and we explained the elephant in the room, slavery, at the Constitutional Convention which they had to find a way to accommodate. And these current traitors on the Court are not originalists, but they are certainly activist judges. Our only hope is victory for Ds up and down the ballot. Right now she and I are planning to spend time in our gardens to soothe our souls. And of course, we are going to have a heat wave starting not the 4th, so I will need to find neglected projects in the house. I am also reading Marilynn Robinson's Jack. She, btw, has an essay in the NY Review of Books about the current mess. I haven't read it yet.

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I have read all of Marilynn Robinson's books at least twice. I love them and thank you for mentioning her piece. I will look for it.

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I love her fiction. i struggle with the nonfiction and had a real problem with Reading Genesis.

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Look at what is happening all over the world. We are all connected to each other and if the US goes down in flames, nowhere will be safe. I personally think we have to stay and fight and VOTE in such numbers that there can be no doubt and then do what we can to repair our ravaged democracy!

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Here is a word of caution about Greece …sort of tongue in cheek….in the international press the reporting is that the northern parts are burning and the current business friendly government has worked to implement a 6 day work day. That is they do not have enough labor to support a five much less 4 or less work week. That my friend, speaking from experience thinking I could get decent healthcare in Sweden, is a recipe for an inadequate and frustrating ‘social security’ system. [we are in a bit of a climate sweet spot here so far but I am not gloating as …]

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Bullshit. Every four years we hear the same story. Democrats love to virtual signal about leaving. They never do. In a democracy you win some times and you lose some times.

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If you think there will be another “sometimes” after November, you’re deluding yourself. Reality is that despite the current desperate situation, bread and circus has sufficiently distracted the larger voting population so as to prevent them from seeing the coming storm. Some will vote for a third party because Biden just looks “too old”. Some will vote for Trump because he “sounds like a good businessman”. Some will abstain altogether because they have either given up or were never interested in how the country is run in the first place. Whereas the Trump party is highly motivated. They’ve been scoring political and judicial wins over the last ten years and it has fired them up. If they lose steam, they have Fox and Sinclair to rile them up again. Democrats will be hard pressed to win enough in November to defeat the tide of democratic erosion aimed at us all. And even if they do, I am not sure our norms will hold against the efforts they will expend to force a reversal. 2020 was a test case - now the apparatus is in place to reverse the will of the voters who do turn out.

I am not a hand-wringer, but the writing is on the wall. Never in my 64 years have I ever felt this much trepidation and hopelessness. It’s not my normal setting. But I suspect it is already too late. I suspect we haven’t as a nation been paying enough attention until it is now too late for attention, much less action. I doubt it will matter how motivated the democrats are in November. The die is cast and you will find the cure for your naïveté in the disaster that ensues.

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So well said Sandy. Painfully well said. I’m 74 and every word you wrote is the trepidation I am living in. Still, we try find some hope. Right?

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Democrat erosion - you are delusional.

Which party has censored political opponents?

Which party has open the border?

Which party wants to regulate your gun

Which party has used the DOJ, FBI, CIA against its opponents

Which party wants control your children?

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If you think that this loss will be like other ones you’re whacked. Take a refresher look at the fall of the Roman Empire and see if you can find some similarities…let’s see, corruption? Dividing the Empire into the West and Byzantium that failed to work together against attacks from the exterior? Overspending on defense? Overspending in general? Depletion of slaves (who’s going to pick oranges after we deport millions of migrants?)? Etc. etc. etc.

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How is that virtue signaling??? And some do leave, some have left. Do you have some tally somewhere?

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Why would you bring it up? Why does anyone need to know that you are moving? Of course its to virtue signal how beautiful your politics are.

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Or, it's simply a way to express frustration, sadness, anger. Why do you jump to the most negative assumption? How do you know why they are saying what they're saying? At least I have the decency to ask you. You don't want to ask or question, you just want to tell and indict.

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But if we lose this one, WE HAVE NO DEMOCRACY!!!

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You don't have democracy when the president is senile and his administrative staff, who are unelected, run the country.

You don't have democracy when Biden uses the DOJ, FBI, and CIA to go ofter political opponents.

You don't have democracy when Biden censors free speech.

Democracy has been threatened under Biden. Proof. Look at the polling.

Washington Post poll - Swing state polling shows voters are more worried

Biden as a threat to democracy.

https://www.washingtonpost.com/politics/2024/06/26/biden-trump-swing-state-poll-democracy/

This is leftist hyperventilating.

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Why are you trolling a blog that consistently calls out Republican hypocrisy? Are you scared more and more Americans will learn the truth?

I see you seem enamored of your own intelligence, James. But to use your eloquent wording, I call bullshit on your statements.

If Biden is such a threat to democracy, why isn't he using his anti-democratic powers newly granted him and all presidents by the Supreme Court? Powers like Justice Sotomayor enumerated in her dissent, e.g. "orders the Navy's Seal Team 6 to assassinate a political rival", "takes a bribe in exchange for a pardon", etc. Instead President Biden said yesterday, "I know I will respect the limits of [my] presidential powers". So if he's a threat to democracy as you allege, why isn't he taking advantage? Can you explain that? Didn't think so.

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Who is hyperventilating??

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But “some times” are more permanent than others…

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And I am trying to conjure any scenario that stops this steal.

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