Supreme Court Justices

 

I stand behind the sentiments, of this blog post, but not the conclusions 
  see https://dbeagan.blogspot.com/2022/01/supreme-court-justices-ii.html

Popeye the Sailor Man

I'm Popeye the Sailor Man,
I'm Popeye the Sailor Man.
I'm strong to the finich
Cause I eats me spinach.
I'm Popeye the Sailor Man.

Popeye may not be the brightest bulb on the Christmas tree, but he can read.

Justices “Not Merrick Garland” Gorsuch, “I like beer, Frat Boy” Kavanaugh and “Handmaiden” Barrett all may have been illegally and unconstitutionally appointed to the Supreme Court of the United States, SCOTUS.  None of them received two thirds of the Senate that may be required under Article II of the US Constitution, which reads:

[The president] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States…

Before nominations can be confirmed by the Senate, debate has to end and those nominations have to be brought to the Senate floor for a vote.  Under Senate rules, ending debate requires that 60 of the Senators present concur. This action is popularly known as the filibuster.  The Senate under then Majority Leader “Yertle the Turtle” McConnell changed the Senate rules so that a simple majority could bring the advice and consent of the nomination of Supreme Court Justices to the floor.  This change was proper since the Senate rules are NOT constitutional rules.  However once a vote was taken on the Senate Floor, it was NOT by two thirds of the Senators present.

The Senate is free to establish and change its own rules.  It is not free to unilaterally change the US Constitution.  Now that these three Justices have been seated there is an interesting Constitutional question.  The two thirds rule could have been changed only if the Constitution had been amended, which it was not.  The opinions of those justices on all opinions of the court might be disregarded.  Additionally, any constitutional  decision on the legality of their appointment should NOT include any of these three justices.

In the immortal words of Popeye the sailor.  "That's all I can stands, I can’t stands no more."