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A Supreme Court case decided over a decade ago may come back to haunt Judge Amy Coney Barrett

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Amy Coney Barrett (MSNBC)

A Supreme Court case that was decided over a decade ago may come back to haunt Judge Amy Coney Barrett as America enters an impending post-election 2020 judicial nightmare; one in which the sitting president may deny a peaceful transfer of power.

Caperton v. A.T. Massey Coal Co. was argued in 2009 with the primary holding that a judge cannot hear a case that centers on the financial interests of someone who supported him substantially in his campaign for election. Justice Anthony M. Kennedy wrote for the majority that “recusal may be constitutionally required even where a judge is not actually biased, if there is a ‘serious risk’ of actual bias.”

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Justice Antonin Scalia criticized the majority for constitutionalizing the judge’s recusal decision “in a manner ungoverned by any discernable rule,” but wrote that “in the best of all possible worlds, [judges should] sometimes recuse [themselves] even where the clear commands” of the Constitution don’t require it.

“The question for Barrett, if it arises, will not be whether she personally believes she can be fair in deciding an election case but, rather, whether a reasonable person would conclude that her impartiality would be inescapably overborne by the flood of influences brought to bear on her,” wrote former U.S. Court of Appeals Judge J. Michael Luttig in a column for the Washington Post.

Luttig continued, “Among these pressures are her nomination, due to Justice Ruth Bader Ginsburg’s death, little more than a month before the election, the unavoidable fact that Barrett would be deciding the political fate of the president who nominated her only weeks ago, and President Trump’s ill-timed calls for Barrett’s swift confirmation so that she can be seated in time to decide the election cases. These bludgeoning pressures alone are at once singular and unprecedented, unsurpassed and quite possibly unsurpassable in their magnitude. By comparison, the pressures believed put on the West Virginia judge in Caperton pale.”

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2020 Election

Anthony Scaramucci: ‘Trump is really losing it psychologically’

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Former White House Communications Director Anthony Scaramucci on Tuesday suggested that President Donald Trump is suffering mental problems after losing the 2020 election.

"Trump is really losing it, psychologically," Scaramucci wrote on Twitter. "His followers don’t get that being a 'loser' is just about as bad as actual death to him."

"He is now a 'loser' in his daddy’s eyes," he added. "All he can do is act out. I wonder how it will end."

Trump is really losing it, psychologically. His followers don’t get that being a “loser” is just about as bad as actual death to him. He is now a “loser” in his daddy’s eyes. All he can do is act out. I wonder how it will end.

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2020 Election

Rick Wilson and George Conway hilariously ridicule the GOP’s attempt to save Georgia’s Senate seats as Trump implodes

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Conservative attorney George Conway -- who is married to former Donald Trump adviser Kellyanne Conway -- made an appearance on GOP consultant Rick Wilson's "The New Abnormal" podcast on Tuesday, where the two Lincoln Project founders wondered whether the president really wants the Republican Party to hang onto the two Georgia Senate seats headed for a run-off in January after he went down to defeat in the state.

The trio started off the Daily Beast podcast with a hilarious dramatic reading of the Washington Post's bombshell report about the president's inability to comprehend how he lost the election, with Conway laughing at the mention of Trump's "fragile mental state."

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2020 Election

US lawmakers renew stimulus push as focus shifts to Biden

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President-elect Joe Biden will present his economic team on Tuesday, as a bipartisan group of senators make a renewed push for another stimulus package to help the faltering US economy.

With Covid-19 cases spiking, the world's largest economy faces an uncertain outlook that Biden and his economic team led by nominee for Treasury secretary Janet Yellen will have to work to remedy.The diverse group, with women and minorities in key roles, will face millions in jobs losses and a rising wave of small businesses shutting their doors and major corporations laying off their workers.

Outgoing Treasury secretary Steven Mnuchin agrees on the need for more federal help for workers left jobless and business battered by the pandemic.

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