Amy Coney Barrett

The Supreme Court Majority Is Becoming Very Outspoken, Controversial In Actions And Statements!

The Supreme Court of the United States is supposed to be a nonpolitical body, that balances the law and the Constitution.

Of course, there are, and always have been, so called “liberals” and “conservatives” on the Court throughout its history, but the present Supreme Court with six conservatives and three liberals is badly unbalanced, and it is clear that the Court is the most extreme one sided to the conservative side that it has been since the 1930s, nearly a century ago!

There are three appointments to the Court by Donald Trump (Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett); two appointments by George W. Bush (John Roberts, Samuel Alito); and one appointment by George H. W. Bush (Clarence Thomas).

There are already ethical and moral problems with Brett Kavanaugh and Clarence Thomas, regarding their behavior and treatment of women in their past; and Amy Coney Barrett was rushed through to confirmation more rapidly than normal after the sudden death of Ruth Bader Ginsburg, so that Donald Trump had one more appointment close to the Presidential election, which should have been left to the winner of the election, which turned out to be Joe Biden.

Also, a majority of the Court was chosen by Presidents who lost the popular vote in 2000 and 2016, although the two Bush II appointees actually came in the second term when Bush II did win the popular vote.

And now, since the horrendous decision to allow the Texas antiabortion law to go into effect without a full hearing, taking away a constitutional right of women to control their own bodies, in effect since Roe V. Wade in 1973, the criticism of the Court’s action has led to Thomas, Barrett, and now Alito to issue political criticisms which are not appropriate for Supreme Court Justices. They should NOT be making public statements, no matter what they are thinking, but they clearly are on the defensive and have politicized the Court by their utterances, as well as their actions.

It is not surprising, therefore, that the reputation and public opinion rating of the Supreme Court has declined radically in the last few years, and particularly in the present year of 2021!

The Supreme Court is moving far to the Right as the nation is clearly moving to the Left, in a nation in which the white majority is rapidly declining, and will be the minority (under 50 percent) by 2045 at the latest.

So a constitutional crisis is at hand, and there is the danger of a future 7-2 conservative Court, with Stephen Breyer refusing to consider retiring at age 83, claiming he does not plan to die on the Court. This is a preposterous statement, and could end up denying Joe Biden any Supreme Court selection if a Democratic Senator dies or is incapacitated, or if the Senate goes Republican in the midterm Congressional Elections of 2022!

Chief Justice John Roberts Has Lost Control Of The Supreme Court, And His Own Reputation Is At Stake!

The Supreme Court is in crisis, as its reputation, and that of its leader, Chief Justice John Roberts, is at stake!

It is now the most rightwing Supreme Court since the 1920s and early 1930s, as extremism has taken over an institution which is supposed to be moderate centrist!

Past Chief Justices, including John Marshall, Charles Evans Hughes, and Earl Warren, had the ability to impact other members of the Court, and convince them to work toward moderation!

But John Roberts has clearly lost control of a Court which includes three Donald Trump appointees, with only the first choice, Neil Gorsuch, coming across as lacking in controversy outside of the fact that he became the replacement for Antonin Scalia, instead of Barack Obama’s choice, Merrick Garland!

Brett Kavanaugh has a cloud over his head and reputation as a sexual abuser, much like Clarence Thomas, appointed by George H. W. Bush thirty years ago, and having a deleterious effect on the Court for three decades!

And Amy Coney Barrett is clearly not Justice material, and her extreme religious swing to the far Right has besmirched the memory of Ruth Bader Ginsburg. Had she been still on the Court, she would have prevented the atrocious decision of the Court to back the disgraceful Texas abortion law that now Attorney General Merrick Garland is suing to prevent the loss of a constitutional right for women to control their own bodies!

The Supreme Court Reputation Has Been Seriously Tarnished, No Longer Seen As Representing Moderation!

The John Roberts Supreme Court reputation has been seriously tarnished, no longer seen as representing moderation!

By deciding to go along with an extremist Texas abortion law, in a one paragraph middle of the night statement, which includes no exceptions for rape or incest, and allowing private citizens to sue anyone engaged in promoting abortion, the Court has done one of the worst ever actions, which will be compared to such other issues as Dred Scott V Sandford (1857) and Plessy V Ferguson (1896), and a small group of other reprehensible decisions!

Chief Justice Roberts himself recognized how terrible this 5-4 decision was, so despite earlier personal expressions of being anti abortion, he joined the three liberals on the Court in opposition.

Roberts knows his own historical reputation has been permanently damaged, as the Court has become dangerously radical right wing extremist, with the three reprehensible appointments by Donald Trump showing their true colors!

The fact that the appointment of Amy Coney Barrett switched the Court balance from what it was under the late Ruth Bader Ginsburg right before the Presidential Election of 2020 is reprehensible!

But also, the fact that Brett Kavanaugh was the second Court Justice to face accusations of inappropriate sexual conduct, along with Clarence Thomas three decades ago, and now they decided the private lives of women, is totally infuriating!

And the fact that Neil Gorsuch gained an appointment after a full year of no replacement of Antonin Scalia, and that Merrick Garland was denied even a hearing as his replacement, makes all three of Donald Trump’s Court appointments questionable and wanting!

It is further proof that the Supreme Court has lost whatever aura it had, as a fair, reasonable body!

To reverse a decision of nearly 50 years, when the tradition of the Court is to uphold legal precedent normally, and that it has such a dramatic effect on more than half the population, is beyond the pale!

If Hillary Clinton had won the Presidential Election of 2016, which this author and blogger and tens of millions of Americans think is the truth, the Supreme Court today would not be in the crisis atmosphere it is in!

It requires an attempt to add members to the Court, because otherwise, the Court is on a tear to the promotion of Fascism clear and simple, and that cannot be allowed to move forward toward ultimate destruction of the Constitution and rule of law!

The idea that two Presidents, George W. Bush and Donald Trump,who lost the popular vote, could add two and three members to the Court respectively, which otherwise would have been appointees of Al Gore and Hillary Clinton, is simply outrageous and unacceptable for the long haul!

It will permanently destroy the reputation of a very evil man, Senate Minority Leader Mitch McConnell, who brought about this travesty!

When one thinks back to the mid and late 1970s, we actually had a 7-2 Republican Court by party affiliation, but it included moderate Republicans, which included statesmen, including William Brennan, Harry Blackmun, John Paul Stevens, and Chief Justice Warren Burger!

So action must be taken to expand the Court, as we are in a constitutional crisis that will only get worse if no action is taken!

Supreme Court Justice Stephen Breyer Should Retire, For Secure Survival Of Liberal Wing Of Court

It was very disappointing news that Supreme Court Justice Stephen Breyer has announced he has no plans to retire, as he reaches age 83 on August 15.

Breyer has served long and well on the Supreme Court since being appointed by Bill Clinton in 1994.

Already he is one of the longest serving Justices in American history, 25th longest of a total of 115 Justices who have served.

His arguments for remaining on the Court are that he likes being the Senior Justice of the liberal wing, and that his health will determine how long he stays.

But he fails to recognize that health can change rapidly, and when one is in his or her 80s, he or she needs to consider the impact of a sudden death, as with Ruth Bader Ginsburg’s sudden passing, which led to a rapid appointment of a Justice (Amy Coney Barrett) who was rammed through in record time, instead of leaving the appointment to the winner of the Presidential Election of 2020.

With a Court now more conservative and right wing than it has been since the 1930s, it is alarming to think that Breyer is gambling the effect on the liberal wing of the Court by refusing to retire.

Joe Biden should be given the opportunity to replace him, but if even one Democratic Senator dies before 2023, then the Republicans will take control of the US Senate, and prevent any Biden nominee.

And if the Republicans win the Senate in 2022, then Joe Biden will be denied any appointment, even if a vacancy, as Mitch McConnell denied Barack Obama the opportunity to replace Antonin Scalia with Merrick Garland in 2016!

The Unpredictability Of Supreme Court Justices Continues!

The Supreme Court has proved once again that, despite which President chooses them, and their political ideology, that being on the Court has an effect, and causes surprises.

All three of Donald Trump’s appointments (Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett) have surprised on some cases, so while all are conservative in nature, one sees unusual alliances on some decisions, including being on the same side at times with Democratic appointments (Stephen Breyer, Sonia Sotomayor, Elena Kagan) to the Court.

So no President can ever be certain that his appointments will vote the way he might wish, as Trump has seen that his nominees have not sided with him, including on the claim that the Presidential Election of 2020 was “stolen”!

So it is really a case of unpredictability on the future of the present Court, although clearly, it is still the most conservative Court since the 1930s! Even Chief Justice John Roberts, however, is sometimes surprising in his views on cases!

One point is perfectly clear, however, that Clarence Thomas and Samuel Alito are the most right wing members of the Court!

Supreme Court Upholds Affordable Care Act For Third Time, Institutionalizing It!

President Barack Obama’s greatest legislative accomplishment was the hard fought battle to expand health care to tens of millions of Americans, what is called “ObamaCare”, but officially termed the Affordable Care Act of 2010.

The Republican Party fought it bitterly for the past eleven years, but having no alternative, and now for the third time, the Supreme Court has upheld the law, and it is now institutionalized, finally!

By a 7-2 vote, with four Republican appointed Justices, and two of them Trump appointees in the majority, the legislation is now settled.

Who would have thought that Clarence Thomas, Amy Coney Barrett, and Brett Kavanaugh would join the majority, along with Chief Justice John Roberts, who had saved the legislation in the past from being destroyed?

This is absolutely amazing, but shows how unpredictable the Supreme Court is as an institution!

Democrats, Popular Vote, And Economic Performance Way Ahead Of Republicans

Democrats have won the national popular in seven of the last eight Presidential elections, from 1992-2020, with exception of 2004.

Democrats have had more people vote for their candidates for Congress than Republicans in the past two decades.

Democrats have only presided in the White House for one of the past eleven economic downturns, a brief recession in 1980 under President Jimmy Carter, with the other ten under Republican Presidents from Eisenhower to Trump, 1953-2021.

Under Democratic Presidents since 1961, the stock market, job growth, and economic performance have done much greater than Republican Presidents in the same period.

And yet, Democrats are at a political disadvantage, due to:

The Electoral College

Political Gerrymandering of House seats

Republicans working to undermine Democratic Presidents with the Senate Filibuster

This is why Democrats need to play “hardball”, and overcome the barriers of gerrymandering and filibusters, and move to make Washington DC and Puerto Rico the 51st and 52nd states. Also add members to the Supreme Court to overcome the political manipulation of Mitch McConnell, who helped to create a stacking of the high Court with the refusal to approve Merrick Garland in 2016, the rightful nominee of Barack Obama; and the “ram through” of Amy Coney Barrett in record time before the Presidential Election of 2020!

Confirmation Of Justice Amy Coney Barrett Creates The Most Extreme Supreme Court Since 1930s!

The confirmation last evening of new Supreme Court Justice Amy Coney Barrett creates the most extreme Supreme Court since the time of the New Deal of Franklin D. Roosevelt in the 1930s Great Depression, just as we are entering into the Second Great Depression.

The right wing narrow minded view of Justice Barrett is perceived as more so than even her mentor, former Justice Antonin Scalia.

The fifth woman to serve on the Court, she is the anti Ruth Bader Ginsburg, a great woman who we could only wish had been able to live two to three more weeks, preventing an appointment before the election.

And had she lived until December, even a lame duck President could not have replaced her before January and a new President.

This only accelerates the dire need for everyone to vote, and for the Republicans to be resoundingly defeated next week for the White House and the US Senate, and add seats in the House of Representatives.

With a 6-3 extremist Court, the following areas of law are greatly endangered:

Civil Rights and Civil Liberties in general
Women’s Rights
Abortion Rights
Gay Rights and Gay Marriage
Labor Rights
Voting Rights
Environmental Reforms
Consumer Reforms
Business Regulations
Separation of Church and State
Firearms Regulation

The answer must be to expand the Supreme Court to 11 members, adding two progressives or liberal voices to the Court, making for a slight 6-5 conservative majority, but promoting the concept that Chief Justice John Roberts and Associate Justice Neil Gorsuch will, at times, side with the liberals.

It does not guarantee progressive and liberal ideas, but that has been that way for a generation, but once either Clarence Thomas (age 72) or Samuel Alito (age 70) leaves the Court, likely in the next four years, a moderate Court will be achieved. And if Stephen Breyer or Sonia Sotomayor were to leave, it would insure a Democratic President choosing their successors.

Voting for Joe Biden and a Democratic Senate insures that the right wing tilt of the Court will be short lived!

The Ten Most Disgraceful United States Senators In The 116th Congress

The United States Senate is a great institution, which has had 1,984 members in its 232 year history since 1789.

It has had its heroes and champions, but also some of the worst demagogues and villains imaginable.

As we come up to the 2020 elections, this is a time to look at who this author and blogger considers to be the ten most disgraceful US Senators in the 116th Congress.

There will be disagreement on any such list, of course, but this author and blogger sees the top ten most disgraceful US Senators to be all Republicans, unconcerned about the COVID 19 Pandemic, the economic collapse in what is fast becoming the Second Great Depression, and the racial injustice that prevails in our society.

So here goes the list, with ranking of the level of evil being attempted below:

Senate Majority Leader Mitch McConnell of Kentucky—who has shown complete hypocrisy on the Supreme Court regarding Merrick Garland in 2016 and Amy Coney Barrett in 2020, and is someone who should be defeated for reelection in November, but in Kentucky it is hard to get people to understand the depth of his venality on so many matters and issues. Were he to lose next month, it would be a massive victory of major proportions!

Senate Judiciary Committee Chairman Lindsey Graham of South Carolina—who has a much tougher challenge to reelection, and has gained the enmity of many people who see him as having totally abandoned any sense of ethics or morality regarding President Donald Trump, including allowing his former friendship with the late Senator John McCain to be thrown aside with abandon, since McCain’s passing in 2018.

Senator Ted Cruz of Texas—who this author and blogger thought in 2016 was more dangerous and terrifying than Donald Trump, and who remains a truly evil, dangerous, egocentric threat, and with plans to run for President in 2024.

Senator Tom Cotton of Arkansas—also seen as certain to run for President in 2024, and perceived as particularly dangerous in his views and outlook on just about any major issue that arises.

Senator Ron Johnson of Wisconsin—who has been an outrage and totally corrupt and manipulative, and makes one wonder why his state chose him twice for the Senate in 2010 and 2016 over their exceptional Senator Russ Feingold.

Senator Josh Hawley of Missouri—who is the youngest Senator at present, having defeated Claire McCaskill in 2018, and with grand ambitions to run for President in 2024, with a very hard Right set of values that makes him totally terrifying to any sane person!

Senator Rand Paul of Kentucky— who is a fake libertarian and total phony, but seems likely to run for President again in 2024, and one wonders why anyone would go to this privately licensed eye doctor, who is not accredited by national organizations which he has repudiated, and who expresses the weirdest ideas imaginable, not impressing anyone who has intelligence!

Senator James Inhofe of Oklahoma—who is running for reelection at age 86, and rejects science and climate change, and if he survives, would be one of just a few who would be in office in their 90s, a horrific thought! Oklahoma can do better than this, but unlikely Inhofe will lose next month, sadly!

Senator Rick Scott of Florida—-a felon who got away with Medicare and Medicaid fraud, and was elected twice as Governor and now to the Senate by less than one percent of the vote each time, and who did great harm in the Sunshine State when Governor, and is often called “Lord Voldemort” of the Harry Potter series, as Scott resembles him in appearance, but without the smashed nose, lol!

Senator Marsha Blackburn of Tennessee—the only woman in the group, but with a long held reputation as an extremely nasty, mean spirited Congresswoman, who sadly was elected to succeed Bob Corker, who was a reasonable conservative Republican and Senate Foreign Relations Committee Chairman, who turned against Donald Trump, and retired in 2018.

I welcome commentary and viewpoints on this list!

The Corruption Of The Supreme Court, With Five Appointees By Presidents Who Lost The Popular Vote!

With the likelihood that Amy Coney Barrett will be successfully confirmed to be the replacement of Associate Justice Ruth Bader Ginsberg on the Supreme Court, we are about to have a Court with five appointees by Presidents who lost the national popular vote, but still won the Electoral College.

George W. Bush lost the national popular vote to Vice President Al Gore in 2000 by a 540,000 margin, but was able to select Chief Justice John Roberts and Associate Justice Samuel Alito in 2005 and 2006.

And now Donald Trump, who lost the national popular vote to Hillary Clinton in 2016, by a 2.85 million margin, has been able to select Associate Justices Neil Gorsuch in 2017, Brett Kavanaugh in 2018, and now Amy Comey Barrett in 2020.

And even more infuriating is that three of these five appointees helped the George W. Bush campaign in the Bush V Gore Supreme Court case, assisting him winning the case in a majority Republican selected Court in December 2000–specifically, John Roberts, Brett Kavanaugh, and Amy Comey Barrett!

And the right wing Federalist Society, which has been on a 40 year campaign to make the federal court system move to the extreme right on such issues as health care, abortion, gay marriage, gun rights, so called freedom of religion, deregulation of the economy and the environment, suppression of voting rights and labor rights, has fully succeeded in its campaign to undermine American democracy and a sense of humanity!

So when one complains from the right side of the political spectrum at the “horror” of Democrats “packing the Court” if they were to add seats to the Supreme Court, one has to say the level of hypocrisy is enormous, when that has been the commitment for four decades of the Right in American politics.

And who can say that if the Republicans were to win control of both houses of Congress and the Presidency, that they would not be willing to promote “packing of the Court’, so that they could add two to four more seats to the Supreme Court, and make the Court not just the 6-3 margin it will now be, but possibly 8-3 or 10-3, if two to four seats were to be added!

And one more point: Two of the six member Republican majority have had sexual misconduct hanging over their heads, although it has not affected their tenure on the Court, speaking specifically of Clarence Thomas and Brett Kavanaugh. So the ethical and moral standing of the Court has been damaged irrevocably!

But do the conservatives and the Federalist Society care about this? Not one iota!