Amy Coney Barrett

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!

We Are On The Way To The Most Reactionary Right Wing Supreme Court Since The 1930s

In the 1930’s, Franklin D. Roosevelt had the most reactionary right wing Supreme Court, working to undermine the New Deal.

This led him to promote the so called “Court Packing Plan” in 1937, to add six new Justices for each one over 70, but the Congress, controlled by his own party, but having a strong Southern conservative contingent, promoted its defeat.

Now, eight decades later, America is on the brink of having the most reactionary right wing Court since then, with the nomination of Amy Coney Barrett by President Donald Trump.

Already, the Supreme Court has four Justices appointed by Presidents who lost the popular vote, and now they will have a majority, if Barrett is approved, which is likely.

And Barrett does not believe in the doctrine of “Stare Decisis”, the legal principle of determining points in litigation based upon earlier precedents.

Instead, she has very strong personally held beliefs, tied to her strong Catholic faith, and her involvement in a religious charismatic Christian group called “People of Praise”, which preaches that the man is the leader of the family over the wife.

This is very concerning, because she seems likely to wish to overturn many precedents and laws that have been upheld, in unison with others on the Court who have right wing views, including Clarence Thomas, Samuel Alito, and Brett Kavanaugh.

The reliability of Chief Justice John Roberts and Associate Justice Neil Gorsuch is uncertain, as both, and particularly, Roberts have surprised on some decisions.

So a potential 6-3 Court on many cases could end up 5-4 in favor of the right wing, or possibly 5-4 with the three liberal appointments on the Court, but it seems more likely that the possible so called “best” outcome is at least 5-4 conservative.

So that means the Affordable Care Act, coming up for review in November after the election, could be gutted.

Also in danger are cases involving women’s rights, abortion rights, gay rights, labor rights, religious issues favored by conservatives, voting rights, Presidential authority, environmental laws, consumer laws, and the overall regulatory state promoted since the New Deal of FDR and the Great Society of Lyndon B. Johnson, as well as agencies formed under Richard Nixon and later Presidents through Barack Obama.

So we are involved in a crisis constitutionally which could destroy much of what the federal government has done in the past century of American history, and all brought about by Justices appointed under questionable circumstances by Republicans who do not follow rules except when it favors them, and by Republican Presidents George W. Bush and Donald Trump, who failed to win the national popular vote, and by Justices who, in the case of Thomas and Kavanaugh had major issues with private behavior with women.

And with Justice Stephen Breyer being 82, and Justice Sonia Sotomayor having issues with her health (diabetes), two of the three liberals on the Court could be replaced if Donald Trump or a future Republican President gains the opportunity!

Republicans Are Out To Declare War On Women’s Rights, Health Care, Labor Rights, Gay Rights, Environment And So Much More!

The Republican Party and President Donald Trump have declared open war on women’s rights, health care, labor rights, gay rights, the environment, and civil liberties.

They have become an extreme right wing party, more like a Fascist Party, disparaging the history of a party that once stood for basic decent principles.

Officeholders in the Republican Party have sold their souls to the most evil man ever to be President, and their future will be one of total destruction, as the nation turns against them in November and in the future, as they did in California after anti immigrant legislation was passed in the early 1990s.

If there was ever a time for all good, decent people to vote, and to be willing to resist with demonstrations, but without violence, it is NOW!

The nomination of Circuit Court Judge Amy Coney Barrett is a complete repudiation of the historic role of Ruth Bader Ginsburg, and will galvanize all intelligent and educated women, all those who care about life in the midst of this COVID-19 Pandemic, all gays and lesbians, all environmentalists, and all who believe in racial equality and civil rights, to unite, and hopefully, defeat the forces of evil.

And if the Supreme Court with the evil intentioned Amy Comey Barrett declares abortion illegal and destroys the Affordable Care Act without a replacement, then the Democrats will have to add new members to the Court to upend the evil Trump-Republican strategy to take away basic human rights!