Every time Supreme Court Justice Ruth Bader Ginsburg, the honorable RPG, announces she is in the hospital, this White House gears up to replace her all the while anticipating a celebration. That would give Donald Trump an ultra-conservative majority in the highest court in the land. What does that really mean, though?
In an ugly turn of events, Senate Majority Leader Mitchell McConnell (R-KY) stole President Barack Obama’s judicial appointment after Justice Anton Scalia died. Moscow Mitch “refused to give President Barack Obama his Supreme Court (SCOTUS) appointment.”
Plus, the Trump family pushed Justice Anthony Kenndy to retire. In return, they let the justice choose his own predecessor, Justice Brett Kavanaugh. During his Senate hearing, a credible expert in violence against women testified that Kavanaugh had sexually assaulted during high school. Kavanaugh’s response was rapid and primarily performed for POTUS. The Republican-led Judicial Committee voted for the president’s choice.
Trump’s attorneys wrote a door-stopping 304-page petition:
‘Given the obvious temptation to investigate the personal affairs of political rivals, subpoenas concerning the private lives of presidents will become routine in times of divided government. refused to give President Barack Obama his Supreme Court appointment.’
Many of us still believe that the worst consequence of Trump stacking the Supreme Court with ultra-conservative justices would be for them to destroy women’s reproductive rights. With the two appointments, he has already made the court has become quite conservative. Still, there have been other consequences.
Trump has asked that the Supreme Court keep his financial records away from the Democratic majority House Oversight and Reform Committee. That would be the final determination, should the court be willing to take the case. It would also be another test of POTUS’ attack on the separation of powers among the three branches of government.
Now, Donald Trump has made us really want to know what are in his tax returns. This was the second test case with his new SCOTUS appointees. The first case also involved the president’s tax returns and other financial records. The commander-in-chief has fought harder over this matter than any other.
The petition to the court filed by Trump’s personal attorneys on Wednesday just barely slipped under the Thursday deadline. A lower court had already ruled for the Democrats and against the president. Still, Trump’s lawyers argued that releasing the documents would set a dangerous precedent. They argued:
‘Under the D.C. Circuit’s decision, Congress can subpoena any private records it wishes from the President on the mere assertion that it is considering legislation that might require presidents to disclose that same information.’
The Supreme Court’s first move was to allow Trump to permit a temporary stay before enforcing the lower court’s ruling and to give the justices time to consider whether or not to take up the case. A federal district court judge and a Washington D.C. Circuit court both held that the House’s Oversight and Reform Committee subpoenas to go into effect and produce the president’s documents.
House legislators subpoenaed Mazars USA, the holders of the president’s personal and corporate financial records. They wanted these materials to monitor the president’s activities as related to standing ethics laws.
The commander-in-chief has not been recognizing Congress’ Demcratically-led House of Representatives as an equal branch. In the first two years of Trump’s presidency, Republicans held the House and bent to POTUS’ will. The Republican-held Senate led by McConnell has become increasingly more Trump compliant.
Trump’s lawyers warned that subpoenas from Congress could be weaponized against an opposing party’s sitting president.
SCOTUS has also been considering whether to take up another case. It was an appeal to halt Manhattan prosecutors requesting eight years of the president’s financial records and tax returns. Thses were part of a grand jury investigation.
The Mueller Report Adventures: In Bite-Sizes on this Facebook page. These quick, two-minute reads interpret the report in normal English for busy people. Mueller Bite-Sizes uncovers what is essentially a compelling spy mystery. Interestingly enough, Mueller Bite-Sizes can be read in any order.