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summer_in_TX

(4,168 posts)
Thu May 30, 2024, 01:46 PM May 2024

Jamie Raskin points the way to forcing Alito and Thomas to recuse. Now it's up to us.

Jamie Raskin: How to Force Justices Alito and Thomas to Recuse Themselves in the Jan. 6 Cases (link is paywall-free)

Someone else here posted a good excerpt from the essay, so I won't other than to say I followed Raskin's link in his essay to the relevant law. Both are good ammo.

Now it's up to us to raise the level of concern and the attention of those who need to address this: The Chief Justice, Senator Dick Durbin as the chair of the Senate Judiciary Committee, the DOJ (contact info here), Merrick Garland, and the US Attorney for D.C (contact info here). Each of these is already very busy with many things on his/her plate that draw their attention in other directions so we have to shift their attention to this. (By the way, take a look at who Senate Ds on the committee have to deal with on the Judiciary Committee. Awful.)

Guess what one 61 yr-old audio electronics repair man (Alden Hackmann) in Washington State did? Because of his outrage about the corruption and bias on the Supreme Court and of Justice Cannon, he decided to mobilize complaints and protests about our deeply flawed judiciary that he paid for a budget website builder from his own bank account and created dumpalito.com. There you can download a form (choose Word or PDF) to file (by mail) an official complaint with SCOTUS (with a brief statement of facts you can add to). Instructions include how to send a copy to Durbin and gives several phone number you can call to urge hearings. Also forms to file an official complaint about Judge Aileen Cannon, and soon one for Clarence Thomas too.

I can't remember who on DU first posted about how to download the forms, but thank you! I did that before I lost the link, but luckily figured out from the instruction page how to find the website. Hackmann's website says over 8,000 have visited the website so far in just a few days time.)

He says,
"Keep the faith!
It's particularly difficult for many of us to believe that we have fallen so far and so fast from the pinnacle of democracy to a place where the threat of a fascist regime in our own country is real.

So take some deep breaths and ask what you can do. Like filing a complaint against a corrupt justice or judge. Think about how important our democracy is and decide how far you are willing to go to defend it. Maybe that means risking arrest for distributing supplies to voters.

Then go do it."


If you go to his website, do go to the bottom of the page to see the two campaign mascots, his two 8-month old pups. He says:
"Here are Odin and Tyr, our campaign mascots. "When all else fails, bark really loudly at it."

So let's make some noise! "



In case it is useful for you, here's what I added to the "Brief Statement of Facts" in my own official complaint about Alito:
It has become clear that Justice Alito's main characteristic is his unswerving loyalty to the Republican Party. As reported by Ian Millhiser in Vox on May 21, 2024, Supreme Court litigator Adam Unikowsky who previously clerked for Justice Antonin Scalia, did a case analysis of how each Supreme Court justice ruled on the issue of whether a litigant had standing to do so and found that: "In all six cases brought by a conservative, Alito voted for the suit to move forward. Meanwhile, in all 10 cases brought by a progressive, Alito voted to deny standing."

That was not true of any of the other conservative justices on the Supreme Court.

The article documents a distinct pattern exhibited by Justice Alito of partisan rulings. Some of them are oddly reasoned and even Justice Thomas took the opposite point of view.

In fact the Constitution's due process clause and the federal statute mandating judicial disqualification for questionable impartiality, 28 U.S.C. Section 455 (especially (a) and (b)(1) and (5)(iii)) and affirm that there is a right to impartial administration of the law, and that judges and justices are in violation of the law if they do not recuse. Breaking the law subjects them to removal.

The Constitution, and the federal laws under it, is the “supreme law of the land,” and the recusal statute explicitly treats Supreme Court justices like other judges: “Any justice, judge or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” The only justices in the federal judiciary are the ones on the Supreme Court. Alito must recuse or be removed.
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Jamie Raskin points the way to forcing Alito and Thomas to recuse. Now it's up to us. (Original Post) summer_in_TX May 2024 OP
K&R 2naSalit May 2024 #1
Jamie Raskin points the way to forcing Alito Fullduplexxx May 2024 #2
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