Supreme Court Enters a Controversial Territory

Supreme Court Enters a Controversial Territory

Supreme Court's pivotal role in the presidential election intensifies as primary votes approach, set to determine crucial constitutional matters

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After the death of George Washington in 1799, Congress assigned the writing of his eulogy to his Revolutionary War companion, Henry "Light-Horse Harry" Lee.

Lee described Washington as "First in war, first in peace, and first in the hearts of his countrymen." He praised the first president as pious, just, humane, temperate, sincere, uniform, dignified, and commanding.

However, even the revered Washington faced criticism during his presidency. The idea of adoring American leaders disappeared with his successor, President John Adams. One newspaper editor, later arrested by the administration, described Adams as "old, querulous, bald, blind, crippled, and toothless."

As the 2024 primary's first-in-the-nation voting approaches this month, none of the presidential candidates have captured the hearts of the people. At 81, Joe Biden is the oldest president ever and is currently facing unprecedented levels of unpopularity, akin to that of John Adams.

Supreme Court Enters a Controversial Territory

Clay Jones/CNN

The majority of American voters have a deep aversion to former President Donald Trump, who also faces the unprecedented situation of being criminally indicted four times as a former president. The Colorado Supreme Court has ruled for Trump's name to be removed from the ballot due to his efforts to overturn the 2020 election, and Maine's secretary of state has done the same. However, other states have dismissed similar claims. The US Supreme Court has scheduled to hear arguments on the case on February 8.

The nine justices are now at the heart of a presidential election for the first time since their crucial decision to halt the recount of votes in Florida in 2000, ultimately giving the presidency to George W. Bush. In Valley Forge, Pennsylvania, Biden portrayed Trump's campaign as a danger to American democracy, while Trump dismissed Biden's comments as "pathetic fearmongering." This all took place near where Washington struggled through the winter of 1777-1778 with an ailing Continental Army.

Three years have passed since the Capitol was stormed by Trump supporters on January 6. Harry Dunn, who had served in the Capitol Police for 15 years, was among those defending the symbol of American democracy on that day.

"The assailants used a variety of weapons against the officers defending the Capitol: Flagpoles were used as makeshift spears. Metal bike racks, torn apart and turned into bludgeons, were among the arsenal," Dunn recounted. "Some of the officers fighting alongside me were screaming in agony from the injuries they sustained in the clash. Many officers were temporarily blinded and coughing from chemical irritants sprayed in their faces. Black police officers like myself were not only physically assaulted, but also verbally attacked with racial slurs."

Biden and the border

"The enduring scars, both physical and emotional, still remain deeply embedded, serving as a constant reminder of the vulnerability of our democratic institutions." Dunn declared his candidacy this week for a House seat representing a Maryland district.

SE Cupp pointed out that Biden's approval rating is at a historical low, with only 39% of voters satisfied with his job performance. Republicans are criticizing him for the surge of migrants at the southern border. She suggested that the president should close the border in response to the humanitarian, economic, and national security crisis. Cupp argued that this would force Democrats and Republicans in Congress to work together and get something done, as Democrats would want the border re-opened as soon as possible, and Republicans would not want Biden to take away one of their most significant and effective talking points.

Up against Trump

Supreme Court Enters a Controversial Territory

Lisa Benson/Counterpoint Media

The upcoming presidential primary contests, the Iowa caucus on Jan. 15 and the New Hampshire primary on Jan. 23, will challenge Trump's current strong position in the GOP race. According to polls, former UN ambassador Nikki Haley and Florida Gov. Ron DeSantis have the potential to outshine Trump, but they will need to gain significant ground to do so.

delivered straight to your inbox. Each Thursday, we hold back-to-back CNN town halls in which each candidate makes their case to the American people. DeSantis made a strong effort, but it remains to be seen if his performance will truly resonate with voters. Meanwhile, Haley's long-term strategy and strong New Hampshire poll numbers position her as a viable alternative to Trump, appealing to GOP voters seeking a fresh option. The upcoming Iowa caucus will provide insight into whether this potential voter base actually exists.

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Iowa and New Hampshire's traditional "game changers" might not be as influential as Trump's experiences in court this year, suggested Julian Zelizer. Despite the indictments and trials not significantly impacting Trump politically and even appearing to strengthen his anti-establishment message, Zelizer argued that a conviction would have a different effect. On the other hand, John Avlon believes that Biden should have an edge in the election if the economy is the deciding factor. With the US economy growing and surpassing the job losses from the pandemic, Avlon asserts that Americans and the nation itself are better off under Biden than at the end of Trump's presidency.

Supreme Court Enters a Controversial Territory

David Horsey/Tribune Content Agency

For more:

Laura Belin: How Haley and DeSantis could pull ahead in Iowa

David Mark: The Supreme Court could make a Trump victory virtually impossible

Rob Davidson: Im an emergency room doctor. Heres what has me worried if Trump comes back to power

Mideast powder keg

The Middle East is witnessing escalating violence and instability, with a drone targeting a Hamas leader in Beirut, Israel engaging in cross-border fire with Hezbollah in Lebanon, the Iran-backed Houthi militia attacking commercial shipping in the Red Sea, and ISIS-claimed suicide bombings killing at least 84 people in Iran, as observed by Peter Bergen.

"The use of armed drones and proxy forces by powers such as the US, Israel, and Iran has created a volatile situation. While these tactics allow these countries to avoid large-scale conventional wars, they also increase the risk of all-out conflict. The history of warfare is unpredictable, with seemingly insignificant events having the potential to instigate broader conflicts, as seen in the assassination of Archduke Franz Ferdinand in 1914, which triggered World War I," wrote Bergen.

Amidst the ongoing conflict in the Middle East, there are concerns about the leadership in Israel. "With the Israeli military announcing plans to withdraw from Gaza and shift towards more targeted fighting against Hamas, Israelis are now focusing on the urgent issue of the prime minister's failure to ensure the safety of the country," wrote Frida Ghitis.

Prime Minister Benjamin Netanyahu has continuously refused to take responsibility for the disaster since October 7, repeatedly stating that "We're going to answer all these questions about what went wrong. But now, let's focus on victory."

Netanyahu's expectation for the reckoning to come after the war creates an incentive for him to prolong it. As Israel decides how to pursue the conflict with Hamas going forward, this conflict of interest is deemed unacceptable and dangerous.

Claudine Gay resigns

Supreme Court Enters a Controversial Territory

Historian Jeremi Suri of the University of Texas at Austin believes that the controversy sparked by the resignation of Harvard President Claudine Gay and the subsequent congressional hearing on December 5 offers valuable insight into the role of America's higher education system, which he describes as "the envy of the world." This flood of commentary includes an opinion piece by Gay herself in the New York Times.

Students and scholars from all around the world make significant personal sacrifices to gain admission to US campuses, and in recent years there has been a dramatic increase in applications to the most prestigious schools. However, American institutions of higher learning are facing challenges in communicating their story and maintaining public confidence within the US.

"American universities provide vibrant environments for learning and exploration that are unmatched by any other institution, and they are dedicated to making a positive impact on the world in various ways," Suri noted. "Unfortunately, the compelling mission of most campuses is not receiving the support it deserves. College presidents are often selected not to lead with purpose, but to appease the most influential members of their communities. Similar to other politicians, they cater to interest groups, with students and scholars often having the least influence."

AI comes for content creators

The testimony from the presidents of Harvard, MIT and the University of Pennsylvania revealed their discomfort in addressing challenging moral issues, their reluctance to risk offending any vocal constituency, and their preference for avoiding meaningful discussions, including legitimate protests. By attempting to remain neutral or claiming that everything is context-dependent, they failed to satisfy anyone and managed to alienate everyone. This is not the behavior expected of educators, who typically embrace the examination of contentious topics. Instead, it mirrors the approach taught to administrators seeking to advance their careers.

Supreme Court Enters a Controversial Territory

Nick Anderson/Tribune Content Agency

The New York Times has filed a lawsuit against OpenAI and Microsoft Corp., alleging that their artificial intelligence models are using the newspaper's work without permission. Law professor Seán OConnor noted that the case brings up a crucial question: "When artificial intelligence firms scrape and ingest millions of carefully created news stories, is it akin to art students learning to paint by recreating the 'Mona Lisa' or unfair misappropriation?"

The defendants may argue that they are simply exercising "fair use" of the work under copyright law. O'Connor remarked, "Can a generative AI reproduction of previously published news and commentary be considered fair use? I don't think so." He also stated that "Generative AIs use is not transformative as it does not comment on or critique the original story or shift it to a different medium, purpose, or context. Instead, it reproduces substantial parts of others' work merely to compete in the same market channels as the original."

He went on to say, "Rather than mastering the styles of other experts to develop new and better ones, it is a snaking hose flailing around uncontrollably, spewing thoughtless sequences of text based solely on probabilities that one word comes after another in human expression."

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AND…

Your Fat Friend

Aubrey Gordon started her writing career using the pseudonym "Your Fat Friend." Collaborating with filmmaker Jeanie Finlay, she received acclaim for their documentary of the same name, as noted by Sara Stewart. The pseudonym was inspired by a letter Gordon wrote to a friend, expressing her preferred address as a 350-pound woman.

"Use the word 'fat,'" Gordon reads from her essay in the film. "Avoid terms like curvy, chubby, chunky, fluffy, more to love, big guy, full-figured, big-boned, queen size, husky, obese, or overweight. Just say fat."

"Many thin people, including medical professionals and strangers, often assume they know better than a fat person about what they should or shouldn't eat," Gordon acknowledges. She recounts an incident where a woman took a melon out of her grocery cart, claiming it has too much sugar. "It's a melon!" Gordon exclaims incredulously to the camera," Stewart noted.

She and other fat activists have long emphasized that they are not ignorant of nutrition and health recommendations, the advantages of exercise, and the risks of diabetes and other obesity-related diseases. Gordon points out that the constant intrusion of strangers' hurtful remarks and disapproving looks, as well as overheard comments from those striving to lose just a few pounds to avoid resembling her own body, highlights the intense scrutiny that fat individuals endure.