240 Comments

That Amy Coney Barrett has gone along with this sham confirmation theater instead of denouncing it and withdrawing her name from consideration proves she doesn't have the integrity to be a member of the Supreme Court.

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I thought the same thing. She knows for certain that is is contentious yet is going along with it. She has zero integrity!

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I agree completely. I don’t think Clarence Thomas ever had the integrity to be a member either. Nor Scalia.

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Congratulations to Heather Cox Richardson, to Senator Kamala Harris, and to Senator Sheldon Whitehouse, for their invaluable contributions to this Supreme Court appointment process!

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And Amy Klobuchar and Maizie Hirono. Heroes all.

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And Cory Booker!

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I feel some despair and confusion seeing the inevitable confirmation of Barrett to the Supreme Court. Does this mean that in the remaining months of 45's term even if he loses the election that he will be able to continue to dismantle our democracy and otherwise wreak havoc on this country? And if the Democrats do not flip the Senate, even if Biden is elected, he will not be effective as President or be able to repair the damage caused by 45.

I feel so exhausted from all that has gone on these past 4 years in addition to being a health care provider during this pandemic.

Thank you, Heather, for your insights and for making it possible to hold onto my sanity during these dark days. I am afraid some days that it may not be enough for me, though. But I hope enough Americans are motivated and inspired enough to act to improve our future.

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From one healthcare provider to another, I feel much the same. It may be small comfort to know you are not alone but I would encourage you to hang on and try to retain some small bit of hope. These letters and the poll numbers / analysis by 538 are some of what is helping me to hang on. And community here has been a lifeline.

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Just a note of appreciation to all of you healthcare providers. Thank you.

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I echo Terry’s gratitude. Thank you, thank you, thank you.

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The Republican Party wants to take us back to the plantation and the company town.

Method; tie up the legislative branch and pack the court. Then complain bitterly about "do-nothing congressional Democrats" and "activist liberal judges".

Sheldon Whitehorse's presentation was excellent; a vivid, detailed illustration of what Republicans have been working on more or less for the last forty years.

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Let's not run with "pack the court." Rather, let's "balance the court."

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The Republicans have packed the Courts. We need to bring balance back.

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Run all you want. The Republicans are willfully, single-mindedly, scheming to pack the court with people with verified narrow-minded "interpretations" of the US Constitution. "Balance" is not in their thinking any more than "democratic ideals" are. I do not see any other way to interpret their actions, or lack thereof.

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Yes, I did not make my point clearly enough. It is the Republicans who are accusing the Democrats (in advance) of wanting to "pack the court" while they, themselves, have been for years, especially under McConnell, packing the federal bench and the Supreme Court with young, ultra-right Federalist Society nominees. (They're doing projection as proficiently as the Creature does.) It is the Democrats who must do everything in their power to "balance the court(s)."

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I am becoming more convinced that it is always about the money. “Follow the money” almost always seems to explain the inexplicable with this bunch. I would wager that even this ridiculous and obviously fake story about laptops traces back to money - likely what trump has to lose should he lose the election. ACB’s sham of a confirmation also boils down to money, as so well explained in today’s letter. “The love of money is the root of all evil” has never been more clearly on display and the whole world is watching in horror and fear as we self destruct. I fear for the future that my children and grandchildren will face if he somehow gets another term. I truly believe that we will not survive as a nation if forced to endure another 4 years of what will surely be even worse abuses by this crime family and their cohorts. I now often find myself thinking that, if the unthinkable happens, then it will be time to look for another country. But then, where to go? And, given covid, where can anyone currently in this country go with most borders closed to us? And then, if by some miracle one could go to a new place, to be the “foreigner”, having to learn new laws, customs, and even possibly language, then what - watch the beloved country collapse from afar? But this guarantees no safety because the destruction of the US will create a black hole in the geopolitical landscape that will pull all others it into the chaos created as it collapses. Not only do I fear for our country, I fear for the world. The stakes couldn’t be higher. As Joe Biden recently said, “its go time”.

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I agree totally with your sentiments, especially the armageddon facing us with a Trump win. I left the US completely disallusioned after the Gore-Bush fiaso that led to the Supreme Court being politicised. When dirty politics to the extreme and questionable vote counting by another Bush against John Kerry I knew it was time for me to leave. I was criticised by some for not staying to continue the fight, but I saw the inevitable future and moved to Asia. I settled eventually in the Philippines and so happy I did. Its not as hard as you think to embrace another culture and assimilate. I live extremely well on a pension that gave me a middle class existance there that is quickly eroding by the year in the US. The rich are getting extremely rich while the middle class is shrinking and the poor are getting very poor and homeless. I've been here well over a decade now and am happier now than any other time of my life. I did this in my late 50's and early 60's and feel it was one of the best decisions I've ever made. Because of the internet I still fight Trump and his cronies from here and also show eligible Americans how to register in their prospective states and VOTE here. It may be to late now because of Covid, but if and when the opportunity arises again don't be afraid of the unknown as immigration is much easier than you think.

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If you have the money. Your privilege is oozing out of every sentence.

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I often feel all of these things too when my mind starts spinning. I try to remember the inherent goodness of most people and the strength those people can have when it matters most. I too am scared and hopeful at the same time.

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Karen, I agree. Sadly, it has, is and always will be about money.

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Thank you once again, Dr. R. I missed the silver lining in this letter. Can anybody find it for me?

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Giuliani is ridiculous.

Trump campaign is in trouble.

Republican governor of Massachusetts said no trump for president.

We have a new hero exposing how dark money influences the Supreme Court, Sen. Sheldon Whitehouse of Rhode Island.

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Yes! Also:

Biden/Harris campaign has full coffers.

Distraction story from NY Post was debunked very quickly.

Voter turn-out is very strong in early-voting states and suppression tactics are falling.

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Yup. The more sh** they throw onto the fan out of desperation the mightier and more resilient we are becoming.

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Most days, Ellie, I don't know what I'd do without you.

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Pete Buttigieg is doing great things as well!

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Loved his response to Chris Wallace on abortion. https://www.newsweek.com/pete-buttigiegs-abortion-comments-chris-wallace-go-viral-i-trust-women-draw-line-1538231

(Snopes check says true). Future Biden Press Secretary?!

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Wasn't that beautiful?!? I would love to see him in Biden's cabinet!

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And I thought Cory Booker was magnificent! He was respectful, clear, passionate and just brilliant. I will have to look up Whitehouse’s questioning and statements because I missed him.

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You shall be amazed!! Brilliant teaching.

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Excellent, Ellie. I'm good with that!

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I am looking for one too... I just feel the tide is flowing in one direction right now, a direction that is not uplifting for mankind, but it has to eventually start flowing in the other direction, as all tides do.

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Remember, for every action, there is a reaction. The story is not over and it is up to the majority of Americans to write the next chapters. For example, Republicans are trying to suppress votes; Americans are responding with “Hell no! I may not have cared much about voting in the past, but now that you are threatening to take my vote away, I’ll stand in line for hours and do whatever it takes to make it count!”

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Yes! It has been very heartening to see the huge crowds voting ahead of time.

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I just wish McConnell’s seat was in trouble. How does he have such a stranglehold on Kentucky? When I visited there I saw so much poverty. I think the wealthy must have gerrymandered every county and district there. He makes me so sick to my stomach with his greed and abuse of power. When will karma bite his ass?

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Believe me, McConnell is equally repulsive to many Kentuckians, and we’re working very hard to elect Amy McGrath, a retired Marine fighter pilot. No one has come this close to challenging Mitch, but it’s a tight race, and KY is a very red state. Not unlike with Trump, it’s confounding that people who are hurt by him still give him their vote. Fortunately he's pretty old, and I’m afraid the only sure way to get rid of him is for death to come and drag him away.

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Thank you for your support. Amy McGrath has been very popular with contributors outside of KY – many Americans wanting to ditch Mitch for the sake of the greater good. Both McGrath and her campaign team are very dynamic and working hard to get out the vote. As with the national election, we're hoping that the expanded voting opportunities will bring in a fresh wave of new voters who want to see change.

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I have been donating to McGrath for the past several months. I live in VA!

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Same here donating to Amy's campaign from WA state.

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We Kentuckians are trying! I've submitted about 3 dozen Letters 2 Editors of Kentucky newspapers around the state--but I believe only 2 have been published. (And I'm a professional writer.) I think a lot of people in Kentucky don't KNOW how corrupt and obstructionist Mitch is; plus he lied in the debate and his ads. They don't know that he is Trump's enabler, that he has let hundreds of bills die on his desk, that he won't negotiate with Dems, that he punishes senators who do. I'm trying to spread the word. I even started a blogsite a couple of months ago and have written one anti-Mitch piece and am working on a second--for this express purpose ("What died on Mitch's desk"). But it's hard to grow a following and get eyes on your material in only 2 months. We have 2 ways to get rid of him: Vote him out, or DEMOTE him from Majority Leader, by electing more Dems.

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Fantastic work! Thank you for for doing your best to protect democracy from the thugs who are ruling our country!

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It may be uplifting for mankind, actually, but it certainly isn’t uplifting for women. Could we not just say ‘humanity’ or ‘humans’ ? One project that has interestingly never been seriously or officially undertaken has been that of swapping out the sexist and racist language of the Constitution, in which the word ‘woman’ never appears.

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I find it interesting that Judge Barrett is an originalist, because my lay opinion is if she follows that line of thinking a female shouldn't even be involved in any form of government.

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Wow, I am all for that!!

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Lynell, there is no silver lining... I just read today this very worrying prognosis: Based on population trends, within 20 years 30% of the US voters will elect 70 of its 100 Senators. Stop and think about this; states like Wyoming and the Dakotas (with an average of around 700,000 people each) have as many Senators as California, New York and Texas, with an average 40 times larger. The article concludes, "The US Senate is an affirmative-action program for white, rural, Christian conservatives and other members of the right wing establishment, who have an increasingly powerful veto over America."

The idea of giving statehood to the District of Columbia, Puerto Rico, etc. is - in the long term - about as effective as putting a Band-aid on a gaping wound. It might help in the short term, but the prognosis remains pretty dire.

To reiterate what was said earlier, quoting Walt Kelly in Pogo ( a cartoon series which was popular before most of you were born, I imagine), "We have seen the enemy and he is us."

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To quote HCR, “You can change the world in 20 years,” because that’s how long it takes to raise a generation of young people. Grow critical thinking skills and empathy.

We already see the forces of young people at work in gun control, environmental change, gender identity, and anti-racism. And remember those stealth TikTok youths who gutted trump’s campaign rally.

🌞

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And social change starts with identifying the problem, as Walt Kelly did. HCR curates the news to bring clarity to what matters, what people did historically, and what is possible now.

Hope is a survival skill.

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I SO LOVED that the kids did that—bought out the free tickets to his rally!

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Please do not "like" my comment above. There is absolutely nothing about it to like.

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Progressives have a chance to replace a Democratic governor in Montana with another Dem. Kansas elected a Dem gov in 2018.

Many people understand the core our our Democracy is at the local level, and we are starting to make inroads in conservative America

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I'm not sure that's true in South Dakota. The gerrymandering that was done has all but eliminated the Democratic party. I see no glimmer of hope for this state. It is disgusting and morally reprehensible. We have republican senators, a republican congressman, a republican governor, an overwhelming State majority of republicans. The gerrymandering that was done is complete with no hope of overturning it based on th Supreme Court as precedent has shown. My vote hasn't counted since Tom Daschle was defeated. Yet, I vote. The still encourage others to vote.

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I encourage others to vote! (Oh for a correction button!)

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We have work to do there. That makes me sad and I think the same must be true in Kentucky because how can a worm like McConnell keep winning? Gerrymandering. It can change though!!

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I disagree with your comment about giving statehood to DC. The citizens of Washigton, D.C., live is a state of, as their license plates read, "TAXATION WITHOUT REPRESENTATION. They have on Representative, Eleanor Holmes Norton, but she can't vote. DC must become a stat!

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If the Dems win the executive and legislative branches, I hope hope hope they change everything. Add four supremes, outlaw Citizens United, abolish the electoral college, give DC and Puerto Rico representation AND, change the Senate. YES!!!! We can do it!!!!!!!!

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The Constitution can be amended. It's worth looking into changing the makeup of the Senate. I know it's difficult, and of course those Senators from rural, white states are likely to object, but things have changed before and could change again.

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"The Constitution can be amended"....and pigs can fly, Don. Try getting 3/4 of the states to agree on anything, much less 2/3 of the Senate and House. It would probably be easier to grant separate statehood to each of the Hawaiian Islands.

(Now there's an interesting idea.....)

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What might work instead - and I say this only because it is already happening - is for voters to move from their tightly packed coastal states to formerly red states. That's why Colorado is now purple and Texas is heading there. What else will make a difference, is to fully enfranchise all voters in those states. Eliminate suppression of Black voters in Georgia and Native Americans in North Dakota, and the electoral results change significantly. Stop choking the liberal voters in Austin, and you get a different result in Texas. There's a reason Republicans have been so keen on voter suppression. Without it, they don't win elections.

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You are correct that liberal voters are moving from crowded cities that have a high cost of living. Many of my friends' children are moving to the south and midwest because they could never buy a home in Los Angeles. Most of them were living with their parents, prior to moving. $2500 for a 1 bedroom apartment is prohibitive. When my niece moved to Tennessee I understood. I also understood that it would be one more sorely needed liberal vote in that state.

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And city folks are moving to more rural states because now they can work remotely. The Republican tide could turn.

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Think positively!!! Have hope! I think we can do it!

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Jeanne, please read the poem by Emily Dickenson entitled: "Hope is a Thing With Feathers." I do agree with you, BTW. Also, I'm glad you wrote in a previous email above "HCR", rather than "HRC." That would be a miscarriage of justice!

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Yes! I had a bit of a dip this morning after reading HCR's latest. But as I said above, I put my John Lewis "hat" back on. I'm good to go!

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Thank you, Steven. Then I must put on my John Lewis "hat" and soldier on. (I do remember Pogo. I have often invoked that quote as it is so true.

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People are voting in droves, despite the roadblocks the Republicans are trying to throw up to discourage voting, and despite (unsubstantiated) rumors I've heard of Trump supporters sitting in their pickups at polling places looking menacing.

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There will be no silver linings until 45 is GONE!!!

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Thank you, Dr. Richardson! Through your daily attention to the efforts of dismantling the New Deal, American politics of my lifetime finally make sense to me—how emotional issues are used to obscure motives and make deals, as well as bait to lure people to vote for those who would legislate and rule against the common good. We need a “common good society” that is as attractive and effective to law students as the Federalist Society.

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I like that notion. A "common good society."

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Thank you Heather for today's roadmap. I'm waiting for Trumps dog whistle to finally wear out as he has used it daily for almost 4 years. Why do Republicans fall for it everytime. My mostly deaf old Beagle knows enough to not fall for it. I feel that Barrett or whatever ringer they could come up with was predetermined atleast 4 years ago, most certainly longer than that the GOP could seal our fate through the Judicial System. As the full Judicial System will now be corrupted and used as a literal hammer to control the Country, I honestly don't see a path to Democracy any longer, certainly not in my lifetime. I had lunch recently with a woman from Germany who said it baffles her that a Country this powerful could lose control this quickly as citizens stood by and watched. She added, she has seen this before. As soon as travel restrictions change, she will be returning to Germany to live after living in the US for over 50 years.

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I have a German 80 year old neighbor who came to this country as a child after her parents were robbed of their home and business in Poland. She has expressed many of the same concerns. She loves the US but sees so many similarities.

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Yes, this lovely friend of ours is 85 and has seen a Country being taken over by a dictator. She said "history does repeat itself regardless of what country you live in". Truly sad.

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We need to listen to history and those who lived through it

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This is positively true. I am a Director at a Historical Museum and we have small gatherings (everyone wears a mask and are properly distanced) often to discuss local as well as living history. Its a wonderful way to learn.

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That sounds lovely and interesting :)

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Don't underestimate the power of the Vote. Gives me hope.

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The FBI has said that were ordered not to interview any possible witnesses in the Brett Kavanaugh sexual allegations during his confirmation, but there is now proof he lied during these hearings. Can he be impeached immediately, after the election?

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As soon as some real evidence surfaces, he can be impeached. His financial records may provide easier grist for that mill.

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Also read the article posted by Mim E. Fascinating and plausable method to remove Kavenaugh, based ironically on careful originalist reasoning. Love it.

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Relaying a Facebook reader’s find written by our new hero, Sen. Sheldon Whitehouse:

https://harvardjol.com/wp-content/uploads/sites/17/2020/05/Sen.-Whitehouse_Dark-Money.pdf

He also wrote a book with a section devoted to the courts: Captured: The Corporate Infiltration of American Democracy.

"When you find hypocrisy in the daylight, look for power in the shadows.”

https://www.youtube.com/watch?v=cjcXVKg43qY&fbclid=IwAR2W2s50ZYuVJ9cEbei9h6GyXEw92EjVt_9RWjdzM4sRoqmcldfTfyV3Q2w

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If people are not able to decide or understand what are their true interests and let themselves be "programmed" otherwise by snake-oil salesmen, then they either don't vote or vote for people who will not truely support their real interests. Little surprise in that!

If the "programmed" people continue to vote for the same mediocre politicians who are uniquely feathering their own nests, then what can you say? They must find some satisfaction, wallowing in their ignorance, poverty, anger and hate. No news there!

The Supreme Court has over the last 60 years, with the exception of a few periods under Presidents Roosevelte, Eisenhower and Johnson mentioned by Heather, done the job that the politicians should have been doing for the people. Thank goodness for that!

The forced inactivity of our overly partisan politics and our non-representative politicians has has severely damaged the country and the people. The elected have often sat on their hands rather than raising them in constructive votes pushing measures to promote the welfare of the people and even prevented consideration of such changes that would hurt their private interests. The SCOTUS has acted for the people!

Politicians must now do their jobs. If the law doesn't help the people, change it. If the constitution stops you doing it, change it. If the method of changing the constitution is too archaic, change it. Then the Supreme Court can be put back in its place and judges will no longer have to guide society in their stead...nor will it be able to favor one part of society over another. That would seem normal to me.

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We need one Senator to simply say "Let's give it a bit more time. I'll say NO for today." End of story. Surely there must one of them that has been waiting until the end of this Hearing , that by saying YES would give time and save our country to avoid the end of our history.

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You would think but based on their behavior the past decade, I have no confidence in them. If one does say no, I personally will be shocked.

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Maybe. But if Barrett is rejected the Republicans will find someone else to nominate and confirm before the election-related cases make it expeditiously up to the Supreme Court.

"Fill the zone with confusion." Someone said. And they are doing just that.

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Having read what Romney recently wrote about the state of the political country, I hold a hope he'll do just that...."Not now", and maybe others will follow. That hope is fading, but we do have to hope.

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Since Romney's run for president in 2012, abandoning his own moderate principles to take up the radical Right ideology and to run against his own health care policy in Massachusetts, helped paved the way for the divisions he now decries, I don't have much hope in him.

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They do not care if the Barrett nomination causes them to lose the Presidency. With Barrett on the court, they control the country. It's like bombing New York, Los Angeles, Portland, Detroit and Chicago to smithereens all at once.

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It would seem that the copying of someone’s laptop hard drive would be illegal, wouldn’t it? I mean, the FBI had to subpoena them, so how does a schmuck like Giuliani wind up with them? The supplier of the supposed hard drive copies sites the Seth Rich conspiracy, so this is a case of conspiracy leap-frogging another conspiracy.

What in the world happened to Giuliani? He has fallen SO FAR from being the perceived beacon of NYC during 9-11. A back room lackey for Trump, sniffing out obviously false conclusions. At this point, it doesn’t even matter what’s on the hard drives. It doesn’t even matter WHOSE hard drives they are. All Trump is focused on is the hurried lies he can whip up to damage Biden’s character.

His base will take the baton and run with it, even if it’s not on the racetrack or their mad dash points them away from the finish line. The only point is to whip up clouds of confusion here in the last days of the election.

The only problem there is: we have become wise the tactic. We have seen this trick before.

As far as the Barrett nomination, yeah, they’re going to force a square peg into a round hole and really no longer care to justify anything about it. Republicans have completely given up even pretending to be civil or democratic.

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Regarding Giuliani: anyone can be a star with a good PR Company.

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And of course the Donald made a big point in Idaho about this article in "a well respected New York newspaper" that they had proof Joe Biden was involved in "crooked deals with Boorisma".

It is so interesting to note that the Mango Moron's speeches contain absolutely no mention of his plans for the future if he is re-elected, the Coronavirus and its impact on minorities, etc; they are just bombastic accusations against everyone who opposes him, snide remarks about the Democrats' ties with radical Socialists and Communists, wild falacious claims about the Second Amendment and gun rights and appeals to the suburban housewives to like him.

I sincerely hope that the SCOTUS continues to support the principle that no man is above the law and allows Cyrus Vance's subpoenas to proceed. (Even an "originalist" like Scalia or Barrett should uphold this.)

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As PT Barnum was reputed to have said, “There’s a sucker born every minute” and Donald’s superpower has always been the sideshow con, performed to distract the real robber barons, while he gets a cut.

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Maureen, apropos PT Barnum's famous quote, he placed big signs on the walls of his sideshow saying "TO THE EGRESS", "THIS WAY TO THE EGRESS", "DON'T MISS THE EGRESS"...and all the "suckers" of course rushed past the bearded lady, the strongman, the midget, and such to see what was this wondrous "egress". They saw ahead a red door with big arrows around it, saying "THE EGRESS"...and imagine how

surprised they were to find themselves outside when they went through. Let us hope that the Donald's sideshow has a similar ending.

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Reminiscent of Mark Twain's Royal Nonesuch.

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Rudy Giuliani is like somebody’s really crazy uncle. Joe acknowledges that his son has had drug problems but again, the Repubs will cling onto anything that they think is dirty. That is what they do but why should tabloids or news agencies allow that crap to be aired? Why even have crazy Rudy on at all? Oh that’s right...he is a distraction for his boss who has miraculously arisen from the dead Covid disease!

Barrett is about exciting as a seagull in heat. We got absolutely nothing from her while she proudly held up her equally blank legal pad. She will get confirmed unless a few senators on that committee kick the bucket. Wishful thinking, but that is unlikely to happen. Ugh!

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What did you think of that blank pad.? Is she so confident in herself she felt no need to prepare or she knows her appointment is a done deal so why bother? Either answer disgusts me. Confidence is good but taken too far means, to me anyway, you no longer have an open mind willing to continue learning.

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I have the opposite mind - I have to write down what is said or I do not "hear" and process it. My dad used yellow legal pads (we.g., when he was representing chemical manufacturers and meeting with Ann Gorsuch to write the Superfund regulations that corporations would follow), I do, and my daughter does. And get appointed "secretary" at every meeting. The advantage of this disability is, I've always got it in writing. Don't mess with me.

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There are some who have photographic memories. She may be one of them.

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Terry I think my only reaction to the blank notepad is that she may simply be wired that way. I have a long time friend who happens to be a woman and a lawyer. She won an award 15 years ago and I went to the reception where she gave an acceptance speech. No notes, no paper. She memorized a 20 minute speech. I asked her about it and she said it was law school training. I can’t remember the four items I need at the grocery store let alone a well-articulated 20 minute speech. I’m not defending this SCOTUS candidate in any way . . . I think she is duplicitous.

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Kudos to your friend and her memory. But Barrett couldn’t remember the 5th protection in the first amendment. Oh, it was the right to protest (not that exact word, but you get my drift.)

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The right to seek redress of grievances gets into a LOT more than just protest.

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Yes, you are right. I couldn't remember that word so thank you. And I agree.

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She memorized a 20 minute speech....wow. I too have to have my grocery list. 🙂 Thank you for sharing this perspective.

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How did Giuliani go from being US attorney in the most prominent district in the country to planting stories in tabloids, palling around with people he would have once prosecuted, slumming with trump, etc., etc.? Craving for continued relevance?

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Thank you HCR. Just yesterday, my kindly neighbor said, “She seems like a really intelligent, good person.” After my jaw dropped, I explained why I disagreed. Or, at the very least, say it doesn’t matter. He had no idea. There are likely a lot of uneducated kindly people out there in TV-land who are watching the hearing and thinking the same thing? (Yes, it’s a failure of our education system to teach civics and basic history in secondary school.) Once I started listing all the laws that will be overturned or chipped away at, my “average citizen working class Joe” neighbor was shocked. He doesn’t want to lose Obamacare. He doesn’t want to see voting rights or gay marriage rolled back. So, I don’t think Dems are making the best use of the hearing. I feel the noose tightening around my neck. Back to writing Vote Forward letters for Biden/Harris. 19 Days. ❤️🤍💙

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