Today in Supreme Court History: January 28, 1916

1/28/1916: President Wilson nominates Louis Brandeis to the Supreme Court. He would be confirmed on June 1, 1916.

Justice Louis Brandeis

Comments

[Dan Schiavetta]

Gold v. United States, 352 U.S. 985 (decided January 28, 1957): defendant on trial for filing false affidavit stating he was not a Communist Party member (such affidavits had to be submitted by union officials under the Taft-Hartley Act); conviction vacated because FBI unintentionally intruded into the jury (while investigating another false-affidavit case, called three jurors to see if they had received any "propaganda literature" -- which I suppose would be tampering in itself)

Briggs v. Elliott, 342 U.S. 350 (decided January 28, 1952): desegregation case was not ripe for review when trial court had not yet evaluated the report ordered from school officials on progress of equalization

Hillsborough Township v. Cromwell, 326 U.S. 620 (decided January 28, 1946): Suit brought by the heiress Doris Duke who felt she was being taxed more than others in her class. New Jersey case law held that her remedy was not to seek equalization but to sue other members of her class so that their taxes were brought up to her level. Not surprisingly, the Court holds this scheme to amount to a denial of Equal Protection.

Greer v. United States, 245 U.S. 559 (decided January 28, 1918): where evidence of character is not introduced in criminal trial, judge properly refused to instruct jury that defendant is presumed to be of good character (charge was whiskey running)

O'Connell v. Kirchner, 513 U.S. 1303 (decided January 28, 1995): guardian at litem and adoptive parents seek stay of Illinois Supreme Court's order to hand "Baby Boy Richard" back to his biological father. Stevens denies, on the grounds that the Court can't review the Illinois court's disposition of the procedural defect claimed. Steven mentions the "erroneous adoption decree" issued in 1992 by the Illinois court which "has had such unfortunate effects on innocent parties". From the lower court opinions it appears that adoption had been ordered by the trial court on the basis of the father not showing interest in the baby for the first 30 days after birth, but the mother admitted that she had told him the baby had died.

[Dr. Ed 2]

Wilson appointed Brandeis?

Wilson the.racist appointing the first Jew....

[Carl_N_Brown]

Wilson was anti-Negro, but supported Brandeis.
Taft opposed Brandeis but also wrote "Antisemitism in the United States" (Anti-Defamation League, Chicago, 1920) attacking Henry Ford's promotion of the "protocols of the learned elders of Zion" hoax.

[Dr. Ed 2]

Was Henry Ford always the bigot he became known as?

[Dan Schiavetta]

He commissioned a series of mountain music records in the 1920’s, from musicians his people found in their research. Ford was indisputably a racist and he wanted to preserve “white music” before it got corrupted by “black” influences like jazz and blues. I think many of the musicians recorded were just as racist.

But on the other hand we have these priceless recordings of a now lost music. What do we do with them? Destroy them? Not listen to them?

[Jonathan Affleck]

Brandeis was a disgusting enabler of Zionist plans for replacement genocide of Palestinians.

As far as I am concerned, Wilson and Brandeis were a vile "Tweedledum-and-Tweedledee" pair.

[Jonathan Affleck]

Southern Jews were extremely racist and some of the most adamantly pro-secession and pro-slavery.

See Anyone Interested in this Movie?.

The vicious bloodthirsty genocidal racism of Zionist anti-Jews is nothing new.

[Jonathan Affleck]

Brandeis was a POS like Taney and provided critical support to Zionist plans for replacement genocide against Palestinians.

See The immaculate conception of Louis Brandeis.

It is always worthwhile to emphasize the utter evil and complete depravity of Zionism and of a Zionist anti-Jew!

A Zionist colonial settler anti-Jew in stolen Palestine is a murderous genocidal invader, interloper, thief, and impostor that deserves hatred, scorn, and loathing with neither qualification, reservation, nor equivocation.

Why is a depraved vicious bloodthirsty racial supremacist Zionist colonial settler anti-Jew an impostor?

No one is more expert at lies and at prevarication than a depraved Zionist anti-Jew.

Rabbinic Judaism (Rabbinism) is barely an Abrahamic religion. Orthodox Christianity and Islam have much greater similarity to Greco-Roman Biblical Judaism than Rabbinism has. I would prefer to use the term Rabbinite instead of Jew. It would clear up tremendous confusion.

Zionism is the most outrageous fraud in human history!

I make a special effort to explain the lies of a depraved and evil genocidal white racial supremacist Zionist anti-Jew -- especially a former president of the twisted and despicable Harvard Hillel.

There were three separate Judaic populations in the Greco-Roman period. The Hellenistic Judaism of the Occidental Roman Empire was Greek-language based and used the Septuagint or later Greek translation of the Hebrew Bible for its Holy Scripture. Only descendants of non-Judean converts practiced Greek-language Judaism. This Judaism was also practiced in Alexandria among Greek speakers. European Judaism was Hellenistic, often used a vernacular version of a Greek Bible, and was ignorant of Hebrew or Aramaic until approximately 850 CE when merchants that practiced Mesopotamian Judaism established a seminary in Venosa, Italy. The Mesopotamian merchants were willing to admit Europeans into their trade networks in the role of junior partners but only if the Europeans were willing to use Mesopotamian religious law for the sole Uniform Commercial Code (UCC).

Palestinian and Phoenician Canaanite/Hebrew-language-based Judaism was practiced among Phoenician and Palestinian Canaanite/Hebrew speakers including those that lived in Alexandria, Carthage, and other Phoenician colonies in N. Africa. This version of Judaism was tied to the Jerusalem Temple cult and was mostly shattered by the destruction of the Jerusalem and Leontopolis Temple. (The Casifia/Ctesiphon Temple probably continued to function until about 300 CE.) The maniac Bar Kochba and his lackey Tannaim (e.g., Ribbi Akiba) completely discredited Biblical and Tannaitic Judaism for the peasantry because Bar Kochba persecuted the peasantry and the Tannaim supported him. The Palestinian population, which practiced Biblical Judaism, converted entirely to Christianity and subsequently mostly to Islam, which is a slight variant of Judean (Jamesian) Christianity in which Jesus is the messiah but not divine. By the beginning of the 3rd century CE most of the Judean peasantry (90% of the population) practiced some form of Judean Christianity.

The Roman Exile is a metaphor for the transformation of Judaism from the religion of Judea into a religion that only descendants of non-Judean converts practice.

Aramaic-language-based Judaism was practiced in Mesopotamia/Babylonia. It was initially an Aramaic-language version of Zoroastrianism but adopted the Hebrew Bible in the early Hellenistic period. This community created Rabbinic Judaism. Judah the Prince and Nathan the Babylonian tried to introduce this version of Judaism to Palestine during the 3rd century CE in the form of the Mishnah, but their efforts were mostly scorned by the peasantry.

Scholars have begun to piece this history together in the last 70 years.

Some of this material is creeping into popular literature and journals. See the Haaretz article that is entitled "When did Judaism emerge? Far later than assumed, new theory suggests".

Every vile and disgusting Zionist colonial settler anti-Jew must be hunted down for arrest:

1. to be tried for the international capital crime of genocide,
2. almost certainly to be convicted, and
3. to be sentenced to a quick jab in the arm or to a long prison sentence.

A Zionist anti-Jew is human garbage just as a true-believing Nazi is. The inherent depravity of mind of Zionist anti-Jew should exclude a Zionist anti-Jew from the practice of law.

[David Nieporent]

Have you considered anti-psychotic drugs?

[Dan Schiavetta]

Maybe if he switched to decaf.

Always try the least invasive modality first.

[Jonathan Affleck]

Nieporent shows exactly why no depraved and evil Zionist anti-Jew should be allowed to practice law.

A Zionist anti-Jew believes he and his depraved fellow Zionist anti-Jews should have a license to perpetrate heinous US federal crimes with impunity. If Zionist depravity of mind should not exclude him from the practice of law, there is no depravity of mind that should exclude a person from the practice of law.

It is stand operating procedure for a depraved and evil Zionist anti-Jew to make an accusation of mental defect when he is confronted with either the facts or the truth.

[John F. Carr]

I thought Brandeis was first to sit in the so-called "Jewish seat", but NPR tells me it was the later-appointed Benjamin Cardozo.

https://www.npr.org/sections/politicaljunkie/2009/05/heres_a_question_from_carol.html

[Jonathan Affleck]

The immaculate conception of Louis Brandeis explains the question about Brandeis' Jewishness.

However Jewish Brandeis was, he must be considered a vile depraved enabler of the Zionist goal of replacement genocide.

[CJColucci]

It's like World War I. Nobody called it that until World War II. The seat wasn't a "Jewish seat" until Brandeis vacated it and another Jew, Benjamin Cardozo, was appointed.
It's also like the TV special Return to Gilligan's Island, when the original group took a three-hour tour with Gilligan and the Skipper on the Minnow II and ended up stranded on the same uncharted isle, where the rotting hulk of the original Minnow has the name "Minnow I" painted on it -- which it would not have been called when the boat landed back when.

[Jonathan Affleck]

Between WW1 and WW2, WW1 was called the War to End All Wars.

In a sense, WW2 was a continuation of WW1 with a pause to replace the discredited German elite with a new German elite.

I suppose Kagan holds the Jewish seat nowadays. Because I don't remember her to have been particularly sympathetic to Zionism when she was dean of HLS, I can't call her an anti-Jew even though she allowed Alan Dershowitz to cling to his professorship after Dershowitz' plagiarism was outed. I suspect she was pandering Zionist donors. If the Roth Affair portends the future at Harvard University, Harvard University may have made a decision to cease pandering wealthy Zionists. The Crimson used routinely to remove pro-Palestine comments on a Zionism-related article but seems to have abandoned that disgusting policy, which seems to constitute a massive Massachusetts and federal violation as I argue in my petition to SCOTUS.

If we ignore the disgraced and probably demented emeritus HLS Professor Allan Dershowitz, today, the vilest and most disgusting Zionist anti-Jew on the HLS faculty is probably Martha Minow. She succeeded Elena Kagan in the role of Dean of HLS. In the past Noah Feldman held the title to the vilest and most disgusting Zionist anti-Jew on the faculty after Dershowitz, but something seems to have happened to him when his former wife HLS Professor Jeannie Suk replaced him with HLS Professor Jacob E. Gersen.

[CJColucci]

There's a reason I was replying to John F. Carr and not to you.

[Jonathan Affleck]

I'm a pushy NY Jew. I don't care.

[David Nieporent]

You are as Jewish as Ho Chi Minh.

[Dan Schiavetta]

I was at Ho’s bar mitzvah and I have to take exception to that.

I personally accidentally stepped on his foot during “Hava Nagila”.

[Jonathan Affleck]

Hava Nagila is a song of depraved and evil Zionist anti-Jews. The song was written to celebrate Zionist replacement genocide and should be considered equivalent to the Nazi Horst-Wessel-Lied.

[Alpheus W Drinkwater]

The song was popularized in this country by that great Zionist anti-Jew Harry Belafonte.

[Rev. Arthur L. Kirkland]

I was at Ho’s bar mitzvah

Bullshit.

You were not at Ho’s bar mitzvah.

But George “I was placed on committees because Kevin McCarthy emphasizes integrity in committee assignments” Santos (aka Anthony Devolder, aaka Kitara Ravache) officiated at Ho’s bar mitzvah.

How long before Santos reveals he is Ronald Reagan’s divinely anointed grandson, and the Republicans ditch QAnon to start worshiping at Santos’ feet?

[Dr. Ed 2]

Ti his credit, Wilson predicted WWII.

[Jonathan Affleck]

But the USA supported the wrong side. With a German victory there would have been neither WW2, Holocaust, nor a criminal genocidal Zionist state. The course of Soviet history might have been vastly different if Wilson the twisted white racist war-monger had not order the US invasion of Russia. The British and French empires would have broken up much earlier to the benefit of colonized peoples. Most Jews supported the German Empire. In many regards, Wilson was the architect of a vast amount of the evil in today's world.

[Dr. Ed 2]

Wow.....

[bernard11]

I recall a Sid Caesar sketch where he plays a WWI doughboy. He is in a trench listening to the radio, and suddenly jumps up and, all smile, proclaims, "Hooray! World War One is over!"

[Jonathan Affleck]

During WW1, WW1 was called the Great War. Here's an example.

HALL CAINE'S DRAMA OF THE GREAT WAR; ' A Series of Vivid Sketches of the First Year's Hostilities ;- Balkan Problems and Other Books on Europe's Conflict THE DRAMA OF THREE HUNDRED AND SIXTY-FIVE DAYS: SCENES IN THE GREAT WAR. By Hall Caine. Philadelphia: J.B. Lippincott Company.

[John F. Carr]

I remember hearing a riddle as a child asking me to figure what was wrong with a story. In the story was a coin with the date "3 BC".

[The Margrave of Azilia]

Duh, the coin would have said 3 BCE, not 3 BC.

/sarc

[David Nieporent]

An Encyclopedia Brown story I read as a kid turned on the fact that there was an engraving on a sword saying that it was being presented to Stonewall Jackson in 1861 at the First Battle of Bull Run. Encyclopedia Brown immediately figured out it was false, because they couldn't have known it was the "First" Battle of Bull Run at the time. (Also, the Battle of Bull Run was the U.S. name for it, not the traitors' name for it.)

[Dan Schiavetta]

Smart kid. And he could hit a baseball too!

[F.D. Wolf]

Cardozo did not replace Brandeis. In fact, their tenures overlapped.

The so-called "Jewish seat" is Seat 2. Cardozo was its first Jewish occupant. He was succeeded by Felix Frankfurter, Arthur Goldberg, Abe Fortas, Harry Blackmun, Stephen Breyer, and Ketanji Brown Jackson, all of whom were Jewish, except Blackmun and Jackson.

So, five of the eight Jewish members of the Court have occupied Seat 2. The others were Brandeis (Seat 4), Ruth Bader Ginsburg (Seat 6), and Elena Kagan (Seat 4).

[CJColucci]

True, and I didn't mean to imply that Cardozo replaced Brandeis. In fact, he succeeded Holmes. The point was that no one would refer to a "Jewish seat" until there was a second Jew.

[Dan Schiavetta]

yes

[Carl_N_Brown]

Wow.
The baby was put up for adoption based on the father not showing interest after being falsely told the baby had died.
Awful but not rare in gov't decision making.

[Rev. Arthur L. Kirkland]

Work as conflicts counsel in family court (pro bono work, representing children who couldn’t be represented by child services lawyers because the parents had been clients of the child services lawyers a generation earlier) was harrowing.

I took a few cases, generally the most severe, and was on one case for more than 15 years. I was raised in a town in which substandard parenting was common, but these cases were still shocking.

One mother fed her infant Drano and when questioned — by police, then again during trial — indicated the child (six-month-old, as I recall) had fed himself the Drano. She was convinced that because no one else was in the room (until a family member entered and saw foam at the child’s mouth) her account could not be disproved. Another mother threw a child (three, maybe four) down a flight of steps because she saw her on-and-off boyfriend with another woman and doggedly claimed her action was “justified” because she was “pretty sure” the boyfriend was the child’s father.

Another hearing was rescheduled to enable an ostensible father (four children, at least three fathers) to attend. When the father was called to testify, a court employee said she had heard the father was outside the courthouse. The judge had the father brought before him.

“Mr. Doe, if I understand this correctly, you insisted you wanted to attend this hearing, so I rescheduled it, inconveniencing several parties, and I signed an order on your behalf, so the United States government plucked you off a Navy ship in the Atlantic Ocean by helicopter, took you to Norfolk, then flew you from Norfolk to be here this morning. And now, I notice you have not been in the courtroom for one minute during this hearing, which began two hours ago, not even when you were called to testify, and the deputies I sent to look for you have informed me they found you on the sidewalk outside, smoking a cigarette. If that is correct, Mr. Doe, can you explain this to me?”

“They told me I had to go outside, your honor, and I follow orders.”

“What? Who told you that?”

“The guys in uniform, who told me in that hallway out there I had to stop smoking. They told me I had to go outside if I wanted to smoke. So I did.”

Ten minutes later, after some of the dumbest, least credible testimony I have witnessed, the judge was exasperated.

“Mr. Doe, as I sit here listening to you testify, I keep asking myself, ‘Could you even possibly be any more obtuse?’ ”

Mr. Doe thought for a moment, then, in his uniform, straightened in his chair, squared his shoulders, and said “I’m not sure, your honor, but I will certainly try for you!”

I just checked the dockets. Drano Mom, who told me and the caseworkers for more than 10 years that we had some nerve thinking we cared about her children more than she did, or thinking we knew what was good for them better than she did, is still getting arrested, 25 years later.

[Dan Schiavetta]

In my legal career I’ve stepped into family court only once or twice (as favors to friends) and was appalled at what I saw. Not only horrible lies being told by the parties, unbelievable family dysfunction, abused children — this kind of stuff I saw in my previous career as a crisis center director and social worker — but also lawyers pouring gas on the flames to increase their billing, a shockingly low level of legal knowledge, and unfit judges, including my one encounter with judicial corruption.

[defaultdotxbe]

I would be interested in reading some of your stories, if you are willing/able to share them.

EV should make you a guest blogger lol.

[Dr. Ed 2]

Sadly, I’m not surprised.

I saw similar as a “janitor.” (Wish I’d actually been a janitor — less grief…)

As an aside, I doubt the sailor knew what the word "obtuse" meant...

[Dan Schiavetta]

Thanks

I feel like an alien here so I don’t think EV, as much as I respect him, would have me

My true life stories are probably too graphic