Politico/Morning Consult have some polling data out, taken after the Kavanaugh SCOTUS pick, and sixty-one percent support term limits for Supreme Court justices- and support crosses party affiliation, with two-thirds of polled Democrats and 58% of Republicans in favor. 20% overall oppose limits.

Morning Consult:

Sixty-one percent of voters support term limits for Supreme Court justices, including two-thirds of Democrats and 58 percent of Republicans. Twenty percent overall oppose such limits, according to the survey of 1,991 registered voters.

“It’s important to have justices who are reflective of the population they’re bringing judgment upon,” said Gabe Roth, executive director of the group Fix the Court, in a Tuesday interview. “Before Kennedy retired, we still had justices who were appointed during the Reagan administration. A lot’s changed in the world since the Reagan administration.”

Fix the Court, a nonpartisan advocacy group, is pushing a plan that would place an 18-year limit on a judge’s term, which would start as current judges leave and new ones come in. Roth said despite momentum in the legal community and among many Americans in support of term limits, there is no such movement on Capitol Hill and a number of legal scholars argue such changes would require a constitutional amendment.

“Since the post-Watergate Ethics in Government Act that required justices to release their financial disclosure reports, there has been little action in Congress to change the institutional structure of courts,” he said.
Josh Blackman, a constitutional law professor at South Texas College of Law Houston, said while there is support for term limits, the challenge is in how to implement them – whether they are made retroactive or exclusively apply to future nominees.

“If you make it forward-looking, it would take literally 30 years for it to actually make any impact,” he said in a Tuesday interview.

Our own Burt Likko already made his proposal for just such and amendment for change in both nominating and term limits for SCOTUS:

I propose an amendment to the Constitution of the United States of America:

Section 1. The number of Justices serving upon the Supreme Court of the United States shall be nine, including the Chief Justice.

Section 2. Upon the vacancy of any seat on the Supreme Court, the Attorney General or such other officer as the President may designate shall convene a Selection Committee.

The Selection Committee shall consist of three Chief Justices of the Supreme Courts of the several states, chosen by lot, and four Presiding Judges of the several Federal Courts of Appeal, chosen by lot. In the event of a vacancy or a refusal of a chosen member of the Selection Committee to serve, the Chief Justice or, if there is no Chief Justice the most senior member of the Supreme Court, shall appoint a replacement from the same pool of potential members as the selected committee member not serving.

The Selection Committee shall meet and propose three candidates to the President to fill the vacancy upon the Supreme Court within thirty days of the vacancy. No member of the Selection Committee may themselves be proposed as a candidate.

Section 3. Within thirty days of his receipt of the Selection Committee’s three candidates, the President shall nominate one of those three candidates to the Senate.

The Senate shall convene if not then in session, and approve or disapprove of the proposed candidate within thirty days of the President’s proposal by a majority vote. In the event of the Senate’s rejection of a nominee, the President shall thereafter propose from the remaining proposed candidates within thirty days of the Senate’s rejection, and the Senate shall then approve or disapprove of the proposed candidate within thirty days of the President’s nomination by a majority vote.

If for any reason the Senate fails to act in response to the President’s nomination, the nominee shall be deemed confirmed, effective on the thirty-first day after the nomination is made.

If all three nominees are rejected by the Senate, or the Senate by majority vote indicates that none of the three proposed nominees will be acceptable, a new Selection Committee shall be convened within thirty days.
Section

Section 4. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Would this help or hurt? I’m trying to ratchet down, but not completely eliminate, the role of politics in the process of selecting Supreme Court nominees. And yes, I’m proposing tying the President’s hands a lot and the Senate’s hands at least a moderate amount. For instance, by prohibiting court-packing in section 1.

Lori A. Ringhand and Paul M. Collins write in the Chicago Tribune that while the Garland/Gorsuch/Kavanaugh headlines have stirred up the intellectual exercise of imposing change, the concept of SCOTUS term limits is liable to be just that.

The final argument against term limits may be the most important: They may be impossible to implement. Creating legally enforceable Supreme Court term limits would almost certainly require amending the Constitution. That’s unlikely to happen any time soon. Any solution short of a constitutional amendment would require getting justices and senators to agree to change the norms and customs governing retirement and confirmation. In other words, they would have to voluntarily agree to play by a new set of rules. Given the state of politics today, that may be too much to ask.

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A Russian woman is under arrest and charged with acting as a foreign agent, but not as part of the ongoing Mueller Probe. Among other activities, her association with NRA events and other conservative groups are alleged to be part of a plan to win “back channel” relationships with the politically powerful.

Washington Post

Maria Butina, 29, who recently received a graduate degree from American University, was arrested Sunday in the District and made her first appearance in U.S. District Court before Magistrate Judge Deborah A. Robinson, where she was ordered held without bond.

Butina is accused of trying to cultivate relationships with American politicians to establish “back channel” lines of communication and seeking to infiltrate U.S. political groups, including an unnamed “gun rights organization,” to advance Russia’s agenda. Descriptions in court papers match published reports about Butina’s interactions with the NRA.

The case, which is not part of the special counsel investigation into Russian interference, lays out the strongest allegations to date of American involvement in Russia’s influence operations.

Butina was allegedly assisted in her efforts by a U.S. political operative who helped introduce her to influential political figures. That person was not charged and is not named in court papers, but the description matches that of Paul Erickson, a GOP consultant who sought to organize a meeting between then-candidate Donald Trump and Alexander Torshin, Butina’s Russian colleague and a former Russian senator, at a May 2016 NRA convention.

NRA officials and Erickson did not respond to requests for comment.

National Review:

There are a few key takeaways from today’s news:

First, Butina’s operation predates the Trump campaign. Back in March 2014, Butina emailed U.S. Person 1 and projected that the GOP would “likely obtain control over the U.S. government after the 2016 election.” Moreover, she said that party is “traditionally associated with negative and aggressive foreign policy, particularly with regards to Russia.” She identified the NRA’s significance in Republican politics and hoped to exploit that influence to gain relationships.

Second, the affidavit provides the clearest example yet of an American working knowingly and willingly with a Russian operative to advance Russian interests. U.S. Person 1 enthusiastically cooperated with a project that had nothing to do with advancing Russian gun rights and everything to do with facilitating her access to key Republican leaders.

Third, don’t jump to conclusions about the NRA’s role in Butina’s scheme. There are those who will read Twitter or skim headlines and immediately leap to the conclusion that “the NRA was facilitating a Russian intelligence operation” or that the “NRA helped a Russian agent” without considering that there’s a difference between exploitation and cooperation. So far it appears that she worked with U.S. Person 1 to exploit the NRA’s connections to the GOP. Any claim of cooperation is way ahead of the evidence.

Finally, it’s worth saying this after each new revelation in the ongoing series of Russia investigations (interestingly, this indictment didn’t come from the special counsel’s office but instead from DOJ national-security prosecutors), there is much we still don’t know about Russian efforts to influence American politics and about American participation in Russian plans.

While others are noticing a pattern in who and why she targets certain groups, are quite convinced they know exactly why, and to who, Russia was trying to influence in their plans.
Mother Jones:

In 2015, just a month after Trump announced his White House run, Butina directly asked him a question about US-Russia relations during a FreedomFest event in North Dakota, eliciting a response from Trump that he would likely soften the US stance against the Kremlin. “I don’t think you’d need the sanctions,” he said. “I think we would get along very, very well.”

In another apparent indication of her interest in infiltrating US politics, Butina also met Republican Gov. Scott Walker at the 2015 NRA convention. Two days after her FreedomFest exchange with Trump that July, Butina was in Wisconsin to attend the event where Walker announced his own candidacy for the presidency.

In an affidavit unsealed Monday, FBI Special Agent Kevin Helson wrote that Butina attempted to “exploit personal connections with U.S. persons having influence in American politics in an effort to advance the interests of the Russian Federation.” The filing alleged that Butina established contact with an unnamed American political operative in Moscow in 2013 and obtained the operative’s help meeting influential Americans.

That unnamed operative appears to be Paul Erickson, a longtime Republican activist from South Dakota who has been associated with Butina since at least 2013, according to our previous reporting. Late last year, the New York Times reported that Erickson sought to set up a “back channel” between Trump campaign officials and the Kremlin in May 2016. Erickson did not respond immediately to inquiries from Mother Jones, but he was identified Monday in an NPR report as the operative described in the affidavit.

What is clear is, as agents go, Butina was doing exactly what operatives have done for years unseen: infiltrate, build relationships, work contacts. Interesting to note here that this investigation pre-dates the Mueller probe, and has largely run parallel. How much, if any, overlap there might be remains to be seen.

The full affidavit is available to read here:

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If Brett Kavanaugh is confirmed to the Supreme Court, all nine Justices of SCOTUS will be Ivy League affiliated in their education. But the Presidency is not any less upper-crust in credentials of late, to say nothing for the rest of government. Bill Whalen writes at Real Clear about “America’s Government-Hooked Up to an Ivy Drip?”

A second point worth noting: It’s not just the Supreme Court that’s covered in Ivy, but the White House too.

Starting with George H.W. Bush (Yale Class of ’48), the five most recent presidents have earned a combined seven Ivy degrees – George W. Bush (Yale-Harvard) and Barack Obama (Columbia-Harvard) being double-dippers. Yes, this includes Donald Trump, University of Pennsylvania Class of ’68 (apparently, this vexes the southernmost of the Ivy campuses).

Never before has the White House experienced such an Ivy rash. Prior to Bush 41, the last Ivied presidents were John F. Kennedy (Harvard and, briefly, Princeton) and Franklin Roosevelt (Harvard undergrad and a posthumous JD from Columbia).

The American presidency did experience an Ivy spurt in the first two decades of the 20th Century – Theodore Roosevelt (Harvard and Columbia Law), William Howard Taft (Yale) and Woodrow Wilson (Princeton). Somehow, the nation survived the 60 years between Roosevelt and the previous Ivied president, William Henry Harrison (the briefest of America’s presidents spent one semester at Penn; technically, he’s a non-graduate alumnus of the Medical Class of 1793).

Is America destined for an Ivy-Ivy duel in 2020, ala fellow Harvardians Obama and Mitt Romney in 2012 and Yalies George W. Bush and John Kerry in 2004? That would exclude the likes of former Vice President Joseph Biden, California Sen. Kamala Harris, Vermont Sen. Bernie Sanders and Massachusetts Sen. Elizabeth Warren.

However, it rules in New Jersey Sen. Cory Booker (Yale Law), Los Angeles Mayor Eric Garcetti (Columbia) and New York Sen. Kirsten Gillibrand (Dartmouth undergrad). As Harvard seems to work wonders for Democratic nominees (Obama, Kennedy and FDR went 7-0 in presidential elections) the smart option would seem to be former Massachusetts Gov. Deval Patrick, owner of two Harvard degrees (maybe that’s why some Obama insiders reportedly want him to run).

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I don’t think there is any such thing as a “private person” anymore. The vast majority of us constantly groom our internet presence, choosing the right filter on Instagram for our brunch and taking polls of our friends about our next Facebook profile picture. We don’t think about this as a public act when we have only 400 connections on LinkedIn or 3,000 followers on Tumblr. No one imagines the Daily Mail write-up or the Jezebel headline. We actively create our public selves, every day, one social media post at a time. Little kids dream of becoming famous YouTubers the same way I wanted to be a published author when I was twelve.

But there are also those of us who don’t choose this. We keep our accounts locked, our Instagram profile set to “friends only.” Maybe we learned a lesson when a post took off and left the safe haven of our community, picked apart in a horrifying display of context collapse. Maybe we are hiding from something: a stalker, an abusive ex, our family members who don’t know our true queer identity. To some of us, privacy is as vital as oxygen. Without it we are exposed—butterflies with our wings pinned to the corkboard, our patterns scrutinized under a magnifying glass. For what? For entertainment? For someone else’s mid-workday escapism? For a starring role in someone else’s bastardized rom com?

A woman boarded a plane in New York and stepped off that plane in Dallas. She chatted with a stranger, showed him some family photos, brushed his elbow with her own. She wore a baseball cap over her face and followed him back on Instagram. At no point did she agree to participate in the story Rosey Blair was telling. After the fact, when the hunt began and the woman took no part in encouraging it the way Holden did, Blair tweeted a video in which she drawled, “We don’t have the gal’s permish yet, not yet y’all, but I’m sure you guys are sneaky, you guys might…”

Blair’s followers were sneaky. They did as they were told and immediately replied with screenshots of the woman’s Instagram account. They shared links.

When people called Blair out for this blatant invasion of privacy, she blocked them. Because she, apparently, could control her own boundaries. Later she tweeted about wanting a job at BuzzFeed.

Source: We Are All Public Figures Now – Ella Dawson

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