Brett Kavanaugh

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!

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!

Celebrating The Real Meaning Of July 4–Promotion Of Freedom, Equality, And Democracy!

Independence Day–July 4–is a holiday to celebrate the promotion of Freedom, Equality, and Democracy!

The 245th Independence Day is a sobering day, as the Republican Party is trying mightily to cover up the Fascist authoritarian attempt of Donald Trump and his treasonous and seditionist supporters to destroy the Constitution and rule of law, as they did on January 6, 2021, with the US Capitol Insurrection.

The Republican Party is also trying to destroy the ability of people of color to vote, something enshrined in the Constitution by the 15th Amendment in 1870, and the Voting Rights Act of 1965.

The right wing Supreme Court, with five of the six conservatives appointed by Presidents who lost the popular vote, and the sixth one (Clarence Thomas) accused of sexual abuse, along with Brett Kavanaugh, has also worked to destroy the Voting Rights Act.

And the danger exists that if one Democratic Senator is unable to vote on any legislative action or were to pass away, the possibility of the Democrats losing control of the Senate to Mitch McConnell is a horrifying reality.

And were Stephen Breyer to continue to ignore the need for his retirement from the Supreme Court, to insure that Joe Biden can select his replacement before the midterm elections, the threat exists that the Republicans then, if not sooner, would gain control of the Senate, and we could face a 7-2 Court, instead of a 6-3 Court!

On this 158th Anniversary of the third and last day of that turning point of the Civil War, the Battle of Gettysburg, the tremendous sacrifices of the three day battle which insured the eventual victory of freedom over slavery, let us NOT forget that the battle to preserve freedom, equality and democracy goes on!

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!

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!

Hope That At Least Four Republican Senators Will Delay A Vote To Replace Ruth Bader Ginsburg

This is a very depressing time, and Donald Trump and Mitch McConnell are adding to it by the outrageous rapid move to promote a Supreme Court nominee to replace Ruth Bader Ginsburg so quickly.

With only six weeks until the election, and with the normal period before the process for a Supreme Court nominee being about 75 days, what is the hurry to do this?

In 2016, the Republicans refused to consider a Supreme Court nominee for an entire year, rather than allow Barack Obama to put Merrick Garland on the Supreme Court!

The argument was that in the year of a Presidential election, no replacement for the Court should be considered.

If the Court could do with eight members for a year, then they can do with only 8 members until January, when the next inauguration takes place.

No one can argue that if Donald Trump were to win a second term, of course, he could pick a replacement.

But if Joe Biden win the election, then the new President should make the choice for a lifetime appointment of about 30 years.

A hopeful sign is that two women Republican Senators—Lisa Murkowski of Alaska and Susan Collins of Maine—have stated that the elected President in November should make the appointment, and that they do not support a rapid replacement before the election or after if Joe Biden wins in November.

Collins has been very disappointing in supporting the nomination of Brett Kavanaugh in 2018, and she is in deep trouble in her Senate reelection campaign in Maine.

Murkowski does not have to face voters until 2022, and in the past, she won reelection to her seat against both a Republican and a Democrat in 2010, so she is more to be trusted than Collins.

But there is also Mitt Romney, who one would think is principled enough based on his opposition to Donald Trump, that he could be a third vote.

Four votes are needed, however, to stop a nominee from being confirmed for now, and Senate President Pro Tempore Chuck Grassley of Iowa, has said in the past he is against a replacement in an election year, so maybe he will also oppose a quick action.

There is also speculations that Cory Gardner, in a tough race in Colorado, might wish to avoid voting on a nominee before the election.

There are also those Senators seen as more moderate conservatives, but none of them can be relied upon: Rob Portman of Ohio, and Pat Toomey of Pennsylvania.

Of course, Mitch McConnell himself, and Lindsey Graham, both facing election in their states, had posed the same principle in 2016, but not now, so purely, both are hypocrites. One can hope that possibly their opponents will gain more funding and possibly defeat them, although the odds are long.

Then, there is Ted Cruz, a despicable piece of trash, who also said the same thing about election year appointments, but now is on a list of potential Supreme Court nominees, although Trump has said a woman will be selected next week!

All of the other Republicans running for reelection seem unlikely to show any principle, although Ben Sasse of Nebraska is one we could hope might do so, but seems unlikely to have the courage to take a stand.

So we may end up with a 6-3 Court, setting us back to the 19th century in so many ways, and if nothing else, it should encourage more than ever before for massive contributions to Democrats for the Senate and for Joe Biden nationally, as this nightmare of Donald Trump must come to an end in November!

The Supreme Court Dignified Itself By Upholding The Rule Of Law Against President Donald Trump

The Supreme Court dignified itself today by upholding the rule of law against President Donald Trump.

In two cases, the Court did similar to what it did with President Richard Nixon in 1974 and President Bill Clinton in 1997.

And the two Trump Supreme Court appointees (Neil Gorsuch and Brett Kavanaugh) surprised by joining five other Justices, including Chief Justice John Roberts, in smacking Trump down, and telling he is not above the law.

So once again, Supreme Court appointees have “disappointed” the President who selected them, but in so doing, they remind us that the Court is designed to do what is proper, and quite often, although not enough, the Court surprises and pleases those who care about the law and the Constitution.

These decisions further undermine Donald Trump with less than four months to the election, which seems certain to be a massive repudiation of Trump, and lead to his prosecution on financial fraud, although much else should be the center of attention once this disgraced President leaves office!